Recreational Water Use By-law, 2018

• Published in Western Cape Provincial Gazette no. 8033 on 29 January 2019
• Commenced on 29 January 2019

Below is an extract of this by-law as it applies to RC Boating at Sonstraal Dam.

A full copy can be downloaded here.

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Definitions of importance.

“model boat” means a miniature boat not capable of, or intended for the conveying of persons, that is controlled from a remote location;

“model electrical boat” means a miniature electrical boat not capable of, or intended for the conveying of persons, that is controlled from a remote location;

“model power boat” means a miniature power boat not capable of, or intended for the conveying of persons, that is controlled from a remote location;

“special events” means any function or activity that requires a permit in terms of the City of Cape Town: Events By-Law, 2009 or any other applicable law;

5. Restrictions on use

(3) No person may in, on or over any recreational water where a Code of Practice has been adopted in terms of Section 23, launch, operate or use any—

(a) power boat;

(b) electric boat;

(c) model boat;

(d) model electrical boat;

(e) model power boat;

(f) model aircraft;

(g) hovercraft;

(h) airscrew-driven craft;

(i) vessel for the purpose of aquaplaning or water-skiing; 

other than inside an area demarcated and designated by notice for these purposes by the City.

9. Structures

(2) No person may without a permit from the City and subject to any legislation or marine notice issued by the South African Maritime Safety Authority deploy a buoy or similar marker device in, on or over any recreational water.

10. Restricted fishing activities relating to recreational water

(2) No person may, while within a recreational water, catch or attempt to catch fish-(a)where the catching of fish is prohibited; or(b)in contravention of any restriction indicated.

14. Aquatic vegetation

No person may in or over recreational water, cut, harvest or remove any plant unless permitted to do so in writing by the City.

17. General provisions

(1) The City may prescribe, by notice, opening and closing times to any recreational water.

(2) For any recreational water the opening time shall be sunrise and the closing time shall be sunset unless otherwise designated by notice or in a published code of practice for the specific recreational water.

(3) No person may be in or on any recreational water outside of the opening times for that recreational water without written permission from the City.

23. Codes of practise

(1) The City may adopt a code of practise drafted by the Water Body Advisory Committee for a specific recreational water and may amend or revoke the code of practice in the same manner.

(2) Upon adopting a code of practise, or revised code of practise, the City must be satisfied that the Water Body Advisory Committee has consulted the relevant recreational water users and interested and affected parties of the relevant recreational water.

(3) Any code of practice that is in effect shall be adhered to by any users of the recreational water to which it applies.

(4) The City must ensure that any code of practice issued or revised under this section is visibly displayed at the water body and make copies of the code of practice available to the users of the relevant recreational water.

24. Safety Officers

(1) Any recognised organisation, club or representative body that has an interest in any recreational water may nominate persons to the Water Body Advisory Committee for consideration as safety officers.

(2) A Water Body Advisory Committee may nominate safety officers to the City for a relevant recreational water.

(3) The City may appoint safety officers for a recreational water and set in writing any prerequisites, terms, conditions or restrictions on any such appointments.

(4) The City must inform the Water Body Advisory Committee of any safety officers that it appoints.

(5) The City must issue any duly appointed safety officer with an identification card.

(6) The safety officer must when performing any responsibility with regards to this by-law have in his/her possession their identification card.

(7) The safety officer may issue verbal or written instructions to recreational water users relating to compliance with this by-law.

(8) The safety officer may make recommendations to the Water Body Advisory Committee regarding compliance with this by-law by recreational water users.

(9) The City may, upon recommendation by the relevant Water Body Advisory Committee, or of its own accord, cancel the appointment of a safety officer.

29. Impoundment or holding of goods

(1) Subject to the City’s procedures relating to impoundment, an authorised official may—

(a) hold goods that are not permitted into or on a recreational water; or

(b) hold or impound goods whether on private or public land where he or she reasonably
suspects that goods may, are or have been used in contravention of this by-law.

(2) Impounded goods may be returned to the owner from whom they were taken in accordance with the
City’s procedures relating to impoundment.
(3) Goods held may be returned to the owner from whom they were taken—

(a) where holding was effected to ensure safety and, in the discretion of the authorised official,
the threat to safety no longer exists; or

(b) upon exit from the recreational water.

(4) Impounded goods that have not been collected from the City within 3 months will be forfeited to
the City.
(5) The City may dispose of impounded or abandoned goods which have been forfeited to the City by
destruction, sale, donation or any other means.