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Chapter 11 - Sedibeng District Municipality

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13 WATERWAYS PLAN<br />

13.1 Background<br />

Regulatory and Institutional Arrangements<br />

The promulgation of the Merchant Shipping (National Small Vessel Safety)<br />

Regulations 2007 brought into effect a new regime for regulating s mall vessels on<br />

inland w aters:<br />

• Marine Notice 13 of 2007 issued by the South African Maritime Safety<br />

Authority (SAMSA) setting out SA MSA’s policy in terms of the Merchant<br />

Shipping (Small Vessels Safety) Regulations 2007 as amended<br />

• the Merchant Shipping Act, 1951 (Act 57 of 1951), Merchant Shipping<br />

(National Small Vessels Safety) Regulations, 8 Aug 2007<br />

Inland w aters mean all w aters accessible to the public, and include the w aters<br />

contained w ithin ports, fishing harbours, lagoons, rivers, dams, w etlands and lakes.<br />

Authorised Agencies<br />

The Authority means the South African Maritime Safety Authority (SAMSA). An<br />

Authorised Agency means a governing body, club or organization designated by the<br />

Authority to fulfil the Authority’s functions, in terms of the Act.<br />

The Regulating Authority means the person, body or authority having jurisdiction over<br />

the shore or inland w aters concerned.<br />

An Enforcement Officer means a police official (a member of the SA Police Services,<br />

Municipal Police Services, a person designated by the Minister as a police official, or<br />

a member of the SA National Defence Force) or any person designated as an<br />

enforcement officer by the Authority. Such enforcement officer may:<br />

• board and inspect a small vessel;<br />

• demand all reasonable assistance from the ow ner or skipper;<br />

• require the ow ner or skipper to produce identification or any of the certificates<br />

required by these Regulations; and<br />

• direct the movement of the vessel or prohibit the operation of a small vessel<br />

Controlled events are exempted from these Regulations, but application must be<br />

made to the Authority not later than 10 days before the event.<br />

Safety Requirements for Sport and Recreational Vessels<br />

Category R vessels are vessels categorised as operating solely on inland w aters.<br />

The Act and Regulations now provide for Category R Sport and Recreational Vessels<br />

(not applicable to sailing vessels less than 9 metres, pow er driven vessels under 15<br />

hp and vessels pow ered by human pow er alone) on inland w aters:<br />

• each vessel to be recorded and marked.<br />

SDM DITP, 2008 to 2013 173 31 Aug 2010

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