In South Africa, the Marine Living Resources Act, 1998 (MLRA) is the primary legislation which regulates aquaculture.

In terms of section 18 of the MLRA, to undertake aquaculture activities a right is required (a right is long term permission). 

Section 13 of the MLRA goes on to say that this right may not be exercised in the absence of a permit issued by the Minister (or delegated authority) to exercise that right.

 In terms of section 13(2)(a) of the MLRA permits are issued for a maximum period of one year and therefore must be applied for on a yearly basis.  

Regulations in terms of the MLRA were published in GNR 1111 of 2 September 1998 (the MLRA Regulations). Regulation 73 is titled public health and provides as follows:

(1)   No person shall establish a mariculture facility in any area contaminated with toxic substances, faecal matter, human pathogens or marine biotoxins, to the extent that the cultivated fish pose a health risk to consumers.

(2)   The permit holder shall comply with sanitary standards and tests, including regular testing of water and fish quality, specified in the permit.

(3)   Harvesting from actual and potentially affected growing waters may be restricted during public health emergencies such as marine biotoxin events, oil spills and sewage contamination.”

Acting in terms of regulation 73, the South African Shellfish Monitoring and Control Programme (SASM&CP) was developed. 

The SASM&CP is enforced through permit conditions. Accordingly, the SASM&CM is legally enforceable as non-compliance with the SASM&CP results in non-compliance with a permit condition, which is a criminal offence and can trigger proceedings to suspend or cancel the permit/ right.

 In addition, non-compliance with the SASM&CP is a breach of Regulation 73 which is also criminalised in the MLRA Regulations