By-law Withdrawal
• The draft By-law –
“The Use and Control of Recreational Water
Areas and Boating 2010”
is not fit for purpose.
• It should be withdrawn in total and be made
subject to a full and open Public Participation
Process.
Grounds for Withdrawal
• The Draft By law is –
• Flawed in too many areas to consider
amendment or correction.
– Content
– Rationale
– Community Involvement
– Administration / Interpretation
Content
• This is not consistent with a knowledge of
the current and past use of the
Recreational Water Areas –
• Banning of certain craft - by length
• Banning of Mooring – but cannot launch
unless designated sites.
• No Swimming (Except emergencies)
Rationale
• The need to ensure the safety of persons in
a Recreational Water Area is paramount –
but :
• The Restrictions of Use of craft by length
• Banning of Kites
• The loss of income to the community and
council.
Community Involvement
• Organisations or individuals in the local or
regional community were not consulted –
• Boating, Rowing, Sailing, Canoeing,
Windsurfers, Kitesurfers, Anglers, Residents, or
Kite flyers were not involved in the process.
• The imposition of a Bylaw which has such a
profound affect on the community speaks of ‘Big
Brother’ and has no regard for community input.
Administration / Interpretation
• Definitions –
– Boat / Vessel
– Swim / Bathe
– Director / City / Council.
Interpretation
– Deface any vegetation / pick, uproot, damage
or destroy any flora (aquatic growth)
– Power boat must be licenced – every vessel
must have ……. A licence number displayed.
End of Rowing Training
(7.4)
No K2
(7.4)
No K4
(7.4)
End of Dragon Boat Regatta
(7.4)
No more World Champions
No Future World Champions
Kite Festival (14.b)
End of Kite Flying (14.b)
End of Carol Singing
(3.1.h,3.2.a,3.2.f,12.c,14.e. +)
No More Time Trials
No Animals
(3.1 e and h)
No Santa Calling
No Mooring
(3.2.h)
Fishing
• 12(1) The catching of fish may only be
permitted –
(a) In areas indicated by the city.
• 12(2) No Person may –
(d) fish from a boat, bridge or any
overhead structure.
• 12.5 Two Licences required in an Estuary?
Weed Cutting
• Marina residents are presently responsible
for controlling water weed growth up 2
metres from their banks.
• In 3 (1) (r) “No person may whilst in
recreational water area -- in anyway
damage, destroy or deface any vegetation
………… “
• In 3 (1) (s) “No person may remove or
disturb any soil or water”
Bathe / Swimming
(3.1.m & 3.3.a)
• 3.1.m No person may ……- (m) bathe in
any recreational water area where bathing
is prohibited by notice;
• 3.3.a No person may, whilst within a
recreational water area, unless during an
emergency – (a) use the water for
swimming.
Loss to the community
• Tourism – Guest Houses – Foreign Teams
Training – Clubs – Sailing and Canoeing
– Fitness - Sports-Medicine – Fun.
• The loss of World Class competitions planned Canoe Marathon World
Championships are now not possible under
this Bylaw. (Zandvlei 1998)
Valuations
• The valuation of properties at vlei areas was
calculated in studies and used by the city.
• In Zandvlei, for example property prices premiums
were in the order of R 92.2 million in 2001 (van Zyl 2007).
• For Zeekoevlei houses on the vlei generated a
premium of between 14% and 29% and this
diminishes rapidly with distance from the vlei (Van Zyl &
Leiman 2001).
• Since municipal property rates are linked to property
value, the vlei can also be considered to contribute to
the income of the local authority –
• Revaluation necessary?
Function and Oversight
• Recreational Areas are learning areas – Social –
Nature – Sport and Education - for all to enjoy.
• Council should work with all branches of Local
Government to achieve a balance of all
requirements.
• All Recreational Areas should be returned to the
Parks and Gardens Portfolio for their oversight with
matrix funding and input from other Portfolios.
Council Statement
• “The intention is to create one public open
space in each subcouncil and local
communities are encouraged to take
ownership of these areas.
• Events will be initiated by civic
organisations, in partnership with the
subcouncil.
Community Impact Assessment
• All Recreational Areas - Land or Water
Based - are Community Assets.
• A Community Impact Assessment should
be carried out to see the affect of this
Bylaw and all other By laws on the Local
Community.
• Communities should, within council
guidelines, manage the affairs of all
Recreational Areas to suit local needs.
The Present
The Future?
Retiring Councillors
• Many thanks for the effort and time you
have all put into the service of the
community during your decades of
service.
• It is appreciated.