PLEASE NOTE:
FROM THE DESK OF THE MUNICIPAL MANAGER
Beachgoers should note that a definition defining beaches is found in the National Environmental Management Act (107/1998): Regulations: Control of vehicles in the coastal area. This regulation is commonly known as the Marthinus van Schalkwyk Regulation. The said regulation deals with the restriction of vehicles on beaches while the COVID-19 Disaster Management Regulation relates to the restriction of people on beaches. Therefore there should be synergy.
The Marthinus van Schalkwyk Regulation places a ban on vehicles in a “Coastal Zone” and then defines “Coastal Zone” as: “the area adjacent to the sea characterized by coastal land-forms, and includes beaches, dunes, estuaries, coastal lakes, coastal wetlands, land submerged by the waters of the sea, or of any estuary, coastal lake, or coastal wetland, boat launching sites, proclaimed harbours and recreational use area”
NOT PART OF BEACHES
Should it be assumed that the legislature does not apply repetition, the following are not part of “beaches”:
- Dunes - let's assume these are all sand dunes;
- Estuaries / estuaries - we can assume that this includes all rivers;
- Coastal lakes and coastal wetlands;
- Land submerged by the waters of the sea, or of any estuary, coastal lake, or coastal wetland / any part of the area covered by water - this will include all areas where people normally swim;
- Boat launching sites
- Proclaimed harbours - we can assume that this is all property registered in the name of the port authority or their subsidiaries
- Recreational use area - these are limited and must be proclaimed by regulation.
The definition of “beach” is then given in the Marthinus van Schalkwyk Regulation as “unconsolidated sediment forming the unvegetated edge of the shoreline of the sea or estuary that extends from the low-water mark landwards to higher features of the coast such as dunes, cliffs or vegetated soil;”
The term "sediment" is important in this definition. Sediment is something that can be moved by water and sea sand is a common example. Sediment is described as from the smallest part of sand to as large as rocks as large as 25cm in diameter.
With the COVID-19 Disaster Condition Regulation 69 (12) describing “Gatherings at beaches are allowed subject to the following exceptions and conditions (b) beaches in the Garden Route District will be closed to the public from 16 December 2020 until 3 January 2021” it must be assumed that beaches are open except for the beaches in the Garden Route for the stipulated period.
It is therefore important to note that the general principle is that the beaches are open, but that the regulated exceptions pertains to the greater Mossel Bay.
WHAT IS ACCESSIBLE
Considering the definitions referred to above, what may beachgoers then enjoy and what is prohibited? It is probably easier to notice what is open / accessible, than to point out what is inaccessible.
According to the definitions, should it be assumed that the legislature has taken note of the definitions in other legislation, and that the following are therefore open and accessible to beachgoers:
- All areas covered with water, regardless of whether it is sea or fresh water. This is where people normally swim. NB: It is therefore not forbidden to swim, however, the position from where people may access the water to swim is limited - access is only possible via any of the following;
o Rivers, estuaries, lakes, etc.;
o All rocky areas, this is where the surface is not sediment. Places that are accessible are areas such as the tidal pool at the Point.
o All places created to launch boats, or boat slips;
o All port areas - I include all property of the port authority. In Mossel Bay's case, this included the section from Sea Gypsy to the Sailboat Club;
o Although not defined as such, I would also like to include that these are all areas where improvements or alterations have been made. This will include the concrete walkways, sidewalks and roads, as well as the tidal pool at the Point;
o All dunes are accessible - I consider dunes to be the sand dunes above the high water mark and something that has a slope. However, dunes do not give direct access to the sea anywhere in the greater Mossel Bay. This includes all areas along the beaches that are covered with lawn.
Consequently, no person without a valid fishing license may be on any of the sandy beaches between the water and the dunes or the high water mark. NB: Note, however, that being there is not a punishable offense.
I may add that fortunately neither I as the Municipal Manager nor any of the municipal officials of the Mossel Bay Municipality are mandated to apply the regulations pertaining to the COVID-19 disaster condition.
Mossel Bay Municipality thanks the Kouga Municipality in the Eastern Cape for highlighting the definition of beaches as found in the National Environmental Management Act (107/1998): Regulations: Control of vehicles in the coastal area.
Adv Thys Giliomee
MUNICIPAL MANAGER: MOSSEL BAY
20 December 2020
beaches a no no in garden route...what else to do?
Reply With Quote
Originally Posted by MUGmug
It met a COW and is Gone, gone , gone ... replaced
)
, 180l long range tanks, NL Weekender, KC Daylighters (Sadly sold but lots of fond memories)
Bookmarks