What is the tourism law in South Africa?

Tourism Act No. 3 of 2014 makes provisions for the development and promotion of sustainable tourism for the social, economic and environmental benefit of South African citizens.The Municipal Manager hereby publishes, in terms of section 13 of the Local Government:
Municipal Systems Act, 2000 [Act No. 32 of 2000] read with section 162 of the Constitution of
the Republic of South Africa Act 1996 [Act No. 108 of 1996] the By-laws relating to Local
Tourism which come into operation on the date of publication thereof in the Provincial Gazette.
WHEREAS the Council of the Municipality is vested with legislative authority in terms of the
WHEREAS local tourism is functional area falling within the jurisdiction of local government.
AND WHEREAS the Council of the Municipality is aware of the need to promote local tourism
as a driver for local economic development and a source of local revenue.
NOW THEREFORE be it enacted by the Council as follows:
[1] Definitions
[2] General Provisions
[3] Establishment of the Tourism Centre and functions
[4] Rights of Tourists
[5] Local Tourism Business
[6] Municipal Administration of Local Tourism
[7] Repeal and commencement
In this By-Law, the underneath terms shall be construed as follows:
“Municipality” means-
[a] Emalahleni Local Municipality as established in terms of section 12(1) of the Local
Government: Municipal Structures Act 117 of 1998, exercising its legislative and
executive power through its municipal council.
[b] Its successor in title; or
[c] Any structure or person exercising a delegated power or carrying out its instructions
where any power in this by law has been delegated or sub-delegated as contemplated in
section 59 of the Local Government: Municipal Systems Act 32 of 2000 or any
subsequent national legislation, governing Municipalities in the Republic.
[d] A service provider fulfilling the responsibility under this By-Law, assigned to it in terms of
section 81(2) of the Local Government: Municipal Systems Act 32 of 2000, or any
subsequent national legislation governing Municipalities in the Republic.
“Municipal Manager” means-
[a] The person appointed by Emalahleni Local Municipality in terms of section 82 of the
Local Government: Municipal Structures Act, 1998, ( Act 117 of 1998)
[b] In relation to the service provider referred to in paragraph 4 of the definition of
Municipality, the person nominated by that service provider as an official of that service
provider to deal with Emalahleni Local Municipality
“Municipal Council” means the Council of Emalahleni Local Municipal when it performs its
legislative and executive function assigned to it in terms section 151(2) of the Constitution of the
“Tourism” means all human activities outside their permanent residential area which is aimed
at meeting their needs for visits, leisure, recreation in certain period of time.
“Tourist” means a person who engages in tourism for purpose of his own leisure and
“Tourism facility” means a structure, or centre or natural phenomenon or landscape or place
of historical value which;
[a] Is situated within the boundaries of Emalahleni Local Municipality.
[b] Is owned by Emalahleni Local Municipality or is assigned to it in terms of an agreement.
[c] Attracts tourists to Emalahleni Local Municipality.
[d] Is used by Emalahleni Local Municipality to facilitate, manage and/or attract tourists.
“Relevant Directorate” means any directorate charged by Council with a duty to administer
matters relating to local tourism.
“ECPTA” means Eastern Cape Parks and Tourism Agency or any Provincial entity under any
provincial department that deals with tourism within the Eastern Cape Province.
Council shall:
[1] From all the annual revenue of the Municipality set aside funds for tourism
promotion and development in accordance with the integrated development of
the Municipality.
[2] On the advice of the relevant directorate, declare certain natural landscapes as
places of tourist attraction and take such declaration in the annual budget vote.
[3] In terms of the delegations framework envisaged in section 59 of the Local
Government: Municipal Systems Act 32 of 2000, delegate the administration,
management and development of policies concerning tourism within its
jurisdictional area.
[4] Take administrative, legislative and other measures to promote cultural and
ecological wellbeing of all the communities falling under its jurisdiction.
[5] Promote Emalahleni Municipal area as a tourism destination within the Province
of the Eastern Cape.
[6] Build linkages and twinning agreement with national, international agencies and
Municipalities within the constitutional protocol of the Republic.
A Local Tourism Information Centre is hereby established with the following functions:
[1] Identify all information necessary for the better understanding of Emalahleni
Municipal Area as a destination for tourism.
[2] Keep or caused to be kept all such information in an easily accessible manner to
both tourists and members of the public.
[3] Formulate and drafts reports and programs to be used for packaging products for
tourism programs.
[4] To be the custodian of all tourism facilities.
[5] Assist all tourists with information and other auxilary needs.
Tourists shall have such rights are provided in the constitution of the Republic but
without derogating from the generality of thereof, tourists shall have;
[1] A right to choose any tourism program provided by any government agency
and/or tourism business.
[2] To information held by the Tourism Centre before or after his/or her arrival in
Emalahleni Municipal Area.
[3] To safety of his/her property and belongings.
[4] To compensation for any loss due to negligent acts of any tourism business or
government agency.
[1] Organisations, individuals doing tourism business shall observe the provisions in
this By-Law, and such other legislative prescripts as they come into effect from
time to time.
[2] Tourism trade include;
[a] Domestic and International Travel Business.
[b] Accommodation and hospitality establishments.
[c] Tourism transportation business.
[d] Tour Guides.
Municipal Administration of local tourism shall include:
[1] Promulgation of standards and norms for the implementation of tourism
[2] Formulating and directing implementation of strategies, planning schemes for
tourism development.
[3] Organising and managing training, fostering development of tourism human
[4] Research and application of international and national best practice in the
protection of tourism resources.
[5] Organising and managing tourism promotion and international co-operation.
[6] Reviewing and settling complaints with regard to tourism.
[7] Bring about a conducive environment for tourism, tourism business and tourism
This By-Law shall be referred to as the Local Tourism By-Law

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