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South
Africa
NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
Marine Living Resources
Act, No.
18 of 1998
Long title
To provide for the conservation of the marine ecosystem, the long-term sustainable utilisation of marine living resources and the orderly access to exploitation, utilisation and protection of certain marine living resources; and for these purposes to provide for the exercise of control over marine living resources in a fair and equitable manner to the benefit of all the citizens of South Africa; and to provide for matters connected therewith.
Table of contents
Legislation Text Access Point
Long title
To provide for the conservation of the marine ecosystem, the long-term sustainable utilisation of marine living resources and the orderly access to exploitation, utilisation and protection of certain marine living resources; and for these purposes to provide for the exercise of control over marine living resources in a fair and equitable manner to the benefit of all the citizens of South Africa; and to provide for matters connected therewith.
Table of contents
| SECTION | TITLE |
| 1. | Definitions |
| CHAPTER 1. INTRODUCTORY PROVISIONS | |
| 2. | Objectives and principles |
| 3. | Application of Act |
| 4. | Conflict with other Acts |
| CHAPTER. ADMINISTRATION | |
| 5. | Establishment of Forum |
| 6. | Functions of Forum |
| 7. | Composition of Forum |
| 8. | Industrial bodies and interest groups |
| 9. | Fishery control officers and honorary marine conservation officers |
| 10. | Marine Living Resources Fund |
| 11. | Appropriation of Fund |
| 12. | Register |
| 13. | Permits |
| CHAPTER 3. MANAGEMENT OF MARINE LIVING RESOURCES | |
| Part 1. Fisheries planning | |
| 14. | Determination of allowable catches and applied effort |
| 15. | Fisheries management areas |
| 16. | Emergency measures |
| 16. | Priority fishing areas |
| Part 2. Local fishing | |
| 18. | Granting of rights |
| 19. | Small-scale fishing [...Title amended by Act 2014_005_005 by way of unmarked omission and marked insertion - was entitled "Subsistence Fishing"] |
| 20. | Recreational Fishing |
| Part 3. Commercial fishing | |
| 21. | Commercial Fishing |
| 22. | Leasing of rights |
| Part 4. General local matters | |
| 23. | Local fishing vessel licence |
| 24. | Reduction of rights |
| 25. | Fees |
| 26. | Recovery of interest and fees |
| 27. | Fishing harbours |
| 28. | Cancellation and suspension of rights, licences and permits |
| Part 5. Fisheries Transformation Council | |
| 29. | Establishment of Fisheries Transformation Council |
| 30. | Main object of Council |
| 31. | Allocation of rights to and by Council |
| 32. | Powers of Council |
| 33. | Management and control |
| 34. | Composition of Council |
| 35. | Staff |
| 36. | Reporting |
| 37. | Abolishment of Council |
| Part 6. Foreign fishing | |
| 38. | International agreements |
| 39. | Foreign fishing vessel licences |
| Part 7. High seas fishing | |
| 40. | Prohibition of high seas fishing |
| 41. | High seas licences |
| 42. | Implementation of international conservation and management measures |
| CHAPTER 4. MARINE PROTECTED AREAS | |
| 43. | Marine protected areas |
| CHAPTER 5. PROHIBITED ACTIVITIES AND STOWAGE OF GEAR | |
| 44. | Prohibited fishing methods |
| 45. | Possession of prohibited gear |
| 46. | Interference with gear |
| 47. | Driftnet fishing |
| 48. | Fish aggregating devices |
| 49. | Stowage of gear |
| CHAPTER 6. LAW ENFORCEMENT | |
| 50. | Observers |
| 51. | Powers of fishery control officers |
| 52. | Powers of fishery control officers beyond South African waters |
| 53. | Seizure of vessels |
| 54. | Seizure of vehicles or aircraft |
| 55. | Immobilisation of vessels, vehicles or aircraft |
| 56. | Co-operation with officials |
| 57. | Duty to report |
| CHAPTER 7. JUDICIAL MATTERS | |
| 58. | Offences and penalties |
| 59. | Limitation of liability |
| 60. | Destruction of evidence |
| 61. | Payment for information leading to conviction |
| 62. | Security for release of vessel, vehicle or aircraft |
| 63. | Disposal of perishables |
| 64. | Treatment of things detained or seized |
| 65. | Application of security |
| 66. | Liability for loss, damage or deterioration of things in custody |
| 67. | Removal from custody |
| 68. | Forfeiture orders by court |
| 69. | Disposal of forfeited things and discharge of forfeiture orders |
| 70. | Jurisdiction of courts |
| 71. | Documentary evidence |
| 72. | Validity of certificates |
| 73. | Certificate as to location of vessel |
| 74. | Designated machines |
| 75. | Photographic evidence |
| 76. | Observation devices |
| CHAPTER 8. GENERAL PROVISIONS | |
| 77. | Power to make regulations |
| 78. | Assignment to provinces |
| 79. | Delegation of powers |
| 80. | Appeal to Minister |
| 81. | Exemptions |
| 82. | Inquiries |
| 83. | Scientific investigations and practical experiments |
| 84. | Repeal of laws, and savings |
| 85. | Transitional measures |
| 86. | Short title and commencement |
| Sch.1. | SCHEDULE 1. (SECTION 84) [s84] |
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| As amended by Act 2014_005_000_20140519 | N/A | REQ.INFO | LINK |
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