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 It should be withdrawn.

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• It should be withdrawn in total and be made subject to a full and open Public Participation Process.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.aNo 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.