MOSSEL BAY NEWS - Mossel Bay Municipality has posted a reminder on its Facebook page that no aircraft are allowed in beach areas.
The municipality posted the reminder on its Facebook page yesterday evening, 19 February.
It also alerted the public in November last year, just before the holiday season, to the fact that aircraft are not allowed in beach areas.
Beach areas, according to the by-law includes: the sea, seashore, bathing area, sand dune and any land owned by the municipality above the high-water mark and adjoining the seashore and used or capable of being used by the public for recreational purposes, including any adjoining facility, promenade, walkway, car park, lawn or structures.
These restrictions are in terms of the municipal by-law relating to the control of the seashore and sea.
The municipality noted that no aircraft, including helicopters, hot air balloons, microlights or any device that uses a kit or parachute to operate, may be present in beach areas without prior permission.
Present means: landing at the seashore, either the beach or parking area unless during emergency landing procedures. In such a case, the Civil Aviation Authority as well as emergency services must be notified of such emergency landing. Landing an aircraft or helicopter for commercial purposes necessitates the approval of both the local authority and the Civil Aviation Authority.
The exception are an emergency landing and if there is prior written permission from the municipality.
ACDP party councillor Jeanette Gouws released a statement the same evening, calling for "fewer regulations and stronger government support for drone flying and paragliding to boost adventure tourism, create jobs and position Mossel Bay as a premier global aerial sports destination".
She said if the "highly restrictive Public Nuisance By-Law is amended, drone flying and paragliding can further drive tourism growth".
Gouws says there are other areas in the Western Cape currently benefiting from aerial activities.
In response to questions sent by Mossel Bay Advertiser regarding the regulations, the municipality said the applicable by-laws fall under National Aviation Regulations. Click here to read the by-laws.
The applicable by-laws are: control of the seashore and sea, and public nuisances.
The municipality said the sea and seashore by-law was promulgated in 2011 and has been implemented since.
It said the public nuisance by-law was amended after thorough public participation in May 2023.
The by-law states: no person shall hinder or endanger the safety of another person, property or aircraft through the operation of an aircraft; that no person shall release, dispense, or endanger the health and safety of animal or marine life through the operation of an aircraft.
It also states that no person shall operate an aircraft close to any property or person, such as a sports field, road races, schools, social events, beaches and other public places in a manner that will create a nuisance.
The municipality said its most recent post "directly follows on public complaints received in this regard, regarding transgressions in terms of the by-laws mentioned".
It says it was a repeat of November's post, which was shared then, also after public complaints.
The municipality noted that those who wish to apply for permission to operate an aircraft can contact Henry Williamson (hwilliamson@mosselbay.gov.za) of the municipality's traffic and law enforcement department.
*The Mossel Bay Advertiser has amended the article to include the definitions of: present, seashore and beach areas.
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