National Environmental Management: Integrated Coastal Management Act


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 524 Cape Town 11 February 2009 No. 31884
THE PRESIDENCY No. 138 11 February 2009
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 24 of 2008: National Environmental Management: Integrated Coastal Management Act, 2008.

GOVERNMKNT GAZF.TTB. 11 FEBRUARY 2009 No. 31884
Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008
(English text signed bv the President.) (Assented to 9 February 2009.)
ACT To establish a system of integrated coastal and es tuarine m a n a g e m e n t in the Republ ic , including n o r m s , s tandards and pol ic ies , in order to promote the conservat ion of the coastal env ironment , and mainta in the natural attributes of coastal landscapes and seascapes , and to ensure that deve lopment and the use of natural resources within the coastal zone is socially and economical ly justifiable and ecologically sustainable; to define rights and duties in relation to coastal areas; to de termine the responsibil it ies of organs of state in relation to coastal areas; to prohibit incinerat ion at sea; to control d u m p i n g at sea , pol lut ion in the coastal zone, inappropriate deve lopment of the coastal env ironment and other adverse effects on the coastal env ironment; to give effect to South Africa's international obl igat ions in relation to coastal mat ters ; and to provide for matters connected therewith.
P R E A M B L E
W H E R E A S everyone has the consti tutional right to have the envi ronment , including the coastal environment , protected for the benefit of present and future generat ions;
A N D W H E R E A S integrated management of the coastal zone as a system is essential to achieve the constitutional commi tment to improving the quality of life of all ci t izens, while protect ing the natural envi ronment for the benefit of present and future generat ions:
A N D W H E R E A S the coastal zone is a unique part of the envi ronment in which biophysical , economic , social and institutional considerat ions interconnect in a manner that requires a dedicated and integrated management approach;
A N D W H E R E A S much of the rich natural heritage of our coastal zone is being squandered by overuse, degradat ion and inappropriate management ;
A N D W H E R E A S the economic , social and environmenta l benefits of the coastal zone have been distributed unfairly in the past;
A N D W H E R E A S the conservat ion and sustainable use of the coastal zone requires the establ ishment of an innovative legal and institutional f ramework that clearly defines the status of coastal land and waters and the respective roles of the public , the State and other users of the coastal zone and that facilitates a new co-operat ive and participatory approach to managing the coast;
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Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008
A N D W H E R E A S integraled coastal management should be an evolving process that learns from past exper iences , that takes account of the functioning of the coastal zone as a whole and that seeks to co-ordinate and regulate the various human activities that take place in the coasial zone in order lo achieve its conservat ion and sustainable use,
B E IT T H E R E F O R E E N A C T E D by the Parl iament of the Republ ic of South Africa, as fol lows:—
Sections
A R R A N G E M E N T O F S E C T I O N S
C H A P T E R 1 5
I N T E R P R E T A T I O N , O B J E C T S A N D A P P L I C A T I O N O F A C T
Definitions Objects of Act State 's duty to fulfil environmental rights in coastal envi ronment Applicat ion of Act 10 Applicat ion of National Environmental Managemen t Act Conflicts with other legislation
C H A P T E R 2
C O A S T A L Z O N E
Parti 15
Coastal public property
7. Composi t ion of coastal public property 8. Extending coastal public property 9. Acquisi t ion of private land by State 10. Designation of State-owned land for certain purposes 20
Ownersh ip of coastal public property State public trustee of coastal public property Access lo coastal public property Position of high-water mark Measures affecting erosion and accretion 25
12 13 14 15
Part 2
Coastal protection zone
16. Composi t ion of coastal protection zone
17. Purpose of coastal protection zone
Part 3 30
Coastal access land
18. Designat ion of coastal access land
19. Process for designating and wi thdrawing designation of coastal access land 20. Responsibil i t ies of municipali t ies with regard to coastal access land
6 No. 31884 GOVERNMENT GAZETTE. 11 FEBRUARY 2009
Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008
Part 4
Coastal waters
21. Control and management of coastal waters
Part 5
Coastal protected areas 5
22. Excis ion of protected areas from coastal protection zone
Part 6
Special management areas
23 . Declaration of special management areas
24. Managemen t of special management areas 10
Part 7
Coastal set-back lines
25. Establ ishment of coastal set-back lines
C H A P T E R 3
B O U N D A R I E S O F C O A S T A L A R E A S 15
26. Determinat ion and adjustment of coastal boundaries 27. Determining and adjusting coastal boundary of coastal public property 28. Determining and adjusting coastal boundaries of coastal protection zone 29. Determining and adjusting coastal boundaries of coastal access land 30. Entry onto land 20 3 1 . Marking coastal boundar ies on zoning maps
32. Endorsements by Registrar of Deeds
C H A P T E R 4
E S T U A R I E S
33. National estuarine management protocol 25
34. Estuarine management plans
C H A P T E R 5
I N S T I T U T I O N A L A R R A N G E M E N T S
Part 1
National Coastal Committee 30
35. Establ ishment and functions of National Coastal Commi t t ee
36. Composi t ion of National Coastal Commi t tee
37. Vacation of office and termination of membersh ip
Part 2
Provincial lead agencies 35
38. Designation and functions of provincial lead agency
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Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008
Part 3
Provincial Coastal Committees
39. Establ ishment and functions of Provincial Coastal Commi t t ees
40 . Composi t ion of Provincial Coastal Commi t t ees
4 1 . Vacation of office and termination of membersh ip 5
Part 4
Municipal Coastal Committees
42. Establ ishment and functions of Municipal Coastal Commi t t ees
Part 5
Voluntary Coastal Officers 10
4 3 . Voluntary coastal officers
C H A P T E R 6
C O A S T A L M A N A G E M E N T
Part 1
National coastal management programme 15
44. Preparation and adoption of national coastal management p rogramme
45 . Contents of national coastal management p rogramme
Part 2
Provincial coastal management programmes
46 . Preparation and adoption of provincial coastal management p rogrammes 20
47 . Contents of provincial coastal management p rog rammes
Part 3
Municipal coastal management programmes
48 . Preparat ion and adoption of municipal coastal management p rog rammes
49 . Contents of municipal coastal management p rogrammes 25
50. By- laws
Part 4
Co-ordination and alignment of plans and coastal management programmes 5 1 . Al ignment of certain plans with coastal management p rogrammes 52. Ensuring consistency between coastal management p rogrammes and other 30
statutory plans
Part 5
Public participation 53 . Consul tat ion and public participation
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Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008
Part 6
Review of coastal management programmes
54. Powers of Minister to review coastal management p rog rammes
55 . Review of municipal coastal managemen t p rog rammes
Part 7 5
Coastal planning schemes
56. Planning schemes for areas within coastal zone
57 . Coastal planning and land use schemes of municipali t ies
C H A P T E R 7
P R O T E C T I O N O F C O A S T A L R E S O U R C E S 10
Part 1
Assessing, avoiding and minimising adverse effects
58 . Duty to avoid causing adverse effects on coastal envi ronment
59. Coastal protection notice and coastal access notice 60. Repair or removal of structures within coastal zone 15
6 1 . Failure to comply with certain notices
Part 2
Regulation of coastal zone
62. Implementat ion of land use legislation in coastal protection zone
Part 3 20
En vironmental authorisations
63. Environmental authorisat ions for coastal activities
64. Minister may grant environmental authorisation in interests of whole communi ty
Part 4 25
Coastal leases and coastal concessions on coastal public property
65. Award of leases and concess ions on coastal public property
66. Terms of coastal leases and coastal concessions
Part 5
General provisions 30
67. Temporary occupat ion of land within coastal zone
68. Amendmen t , revocation, suspension or cancellat ion of authorisat ions
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C H A P T E R 8
M A R I N E A N D C O A S T A L P O L L U T I O N C O N T R O L
69. Discharge of effluent into coastal waters
70. Prohibition of incineration or dumping at sea 7 1 . Dumping permits 72 . Emergency dumping at sea
7 3 . National action list
C H A P T E R 9
A P P E A L S
74. Appeals
75 . Advisory appeal panel 76. Interim orders by Minister or M E C 77. Proceedings of advisory appeal panel
78. Determinat ion of appeal by Minis ter or M E C
C H A P T E R 10
E N F O R C E M E N T
79. Offences
80. Penalties 8 1 . Jurisdiction of courts
82. Actions in relation to coastal public property
C H A P T E R 11
G E N E R A L P O W E R S A N D D U T I E S
Part 1
Regulations
83 . Regulat ions by Minister 84. Regulat ions by M E C s 85. General provisions applicable to regulat ions 86. Amendmen t of Schedule 2
Part 2
Powers to be exercised by Minister and MEC
87. Powers to be exercised by Minister
88. Directives by M E C to municipali t ies
Part 3
Delegations
89. Delegation by Minister
90. Enforcement by Minis ter 9 1 . Delegation by M E C s
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Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008
Part 4
General matters
92. Urgent action by Minis ter
93 . Information and report ing on coastal matters
94. Co-ordinat ion of actions between provinces and municipal i t ies 5
C H A P T E R 12
M I S C E L L A N E O U S M A T T E R S
Part 1
Transitional provisions
95. Exist ing leases on, or rights to, coastal public property 10 96. Unlawful structures on coastal public property 97. Exist ing lawful activities in coastal zone 98. Repeal and amendment of legislation
99. Savings
Part 2 15
General
100. Limitation of liability
101. Short title
S C H E D U L E 1
Laws repealed and amended. 20
S C H E D U L E 2 Guidel ines for the assessment of wastes or other material that may be considered for
dumping at sea (" the Waste Assessment Guidelines*') .
C H A P T E R 1
I N T E R P R E T A T I O N , O B J E C T S A N D A P P L I C A T I O N O F A C T 25
Definitions
1. (1) In this Act, unless the context indicates o the rwi se— "admiral ty reserve" means any strip of land adjoining the inland side of the high-water mark which, when this Act look effect, was state land reserved or designated on an official plan, deed of grant, title deed or other document 30 evidencing title or land-use rights as "admira l ty r e se rve" , "gove rnmen t r e se rve" , "beach r e se rve" , "coastal forest r e se rve" or other s imilar reserve; "adverse effect" means any actual or potential impact on the envi ronment that impairs, or may impair, the environment or any aspect of it to an extent that is more than trivial or insignificant and. without limiting the term, includes any actual or 35 potential impact on the environment that results i n — (a) a detrimental effect on the health or wel l -being of a person;
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(b) an impairment of the ability of any person or communi ty to provide for their health, safety or social and economic needs; or
(c) a detrimental effect on the environment due to a significant impact or cumulat ive effect of that impact taken together with other impacts :
"aircraft" means an aircraft as defined in terms of section 1 of the National 5 Environmental Managemen t Act; "author i sat ion" means an authorisation under this Act, and includes a coastal waters discharge permit , a general authorisation, a dumping permit , a coastal lease, a coastal concession and any authorisation that is regarded as being an authorisation under this Act, but excludes an environmental authorisat ion; 10 "Biodiversity A c t " means the National Environmental Management : Biodiversi ty Act, 2004 (Act No. 10 of 2004); "biodivers i ty" or "biological d ivers i ty" has the same meaning ascribed to it in the Biodiversity Act; "coastal access l a n d " means land designated as coastal access land in terms of 15 section 18(1), read with section 26; "coastal act iv i t ies" means coastal activities listed or specified in terms of Chapter 5 of the National Environmental Managemen t Act which take place in the coastal zone; "coastal conces s ion" means a concession awarded in terms of section 65 read 20 with section 9 5 ; "coastal env ironment" means the environment within the coastal zone; "coastal l ease" means a lease awarded in terms of section 65 read with section 95 ; "coastal m a n a g e m e n t " inc ludes— (a) the regulat ion, management , protection, conservat ion and rehabil i tat ion of the 25
coastal environment ; (b) the regulation and management of the use and deve lopment of the coastal
zone and coastal resources; (c) moni tor ing and enforcing compl iance with laws and policies that regulate
human activities within the coastal zone: and 30 (d) planning in connect ion with the activities referred to in paragraphs (a), (b) and
(c): "coastal m a n a g e m e n t object ive" means a clearly defined objective established by a coastal management p rogramme for a specific area within the coastal zone which coastal management must be directed at achieving; 35 "coastal m a n a g e m e n t p r o g r a m m e " means the national or a provincial or municipal coastal management p rogramme established in terms of Chapte r 6: "coastal p lanning s c h e m e " means a scheme tha t— (a) reserves defined areas within the coastal zone to be used exclusively or mainly
for specified purposes; and 40 (b) prohibits or restricts any use of these areas in conflict with the terms of the
scheme; "coastal protected area" means a protected area that is si tuated wholly or partially within the coastal zone and that is managed by. or on behalf of. an organ of state, but excludes any part of such a protected area that has been excised from 45 the coastal zone in terms of section 22;
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"coastal protection z o n e " means the coastal protection zone contemplated in section 17; "coastal public property" means coastal public property referred to in section 7; "coastal resources" means any part of— (a) the cultural heritage of the Republ ic within the coastal zone, including shell 5
middens and traditional fish traps; or (b) the coastal environment that is of actual or potential benefit to humans ; "coastal set-back l ine" means a line determined by an M E C in accordance with section 25 in order to demarcate an area within which development will be prohibited or controlled in order to achieve the objects of this Act or coastal 10 management objectives; "coastal w a t e r s " m e a n s — (a) marine waters that form part of the internal waters or territorial waters of the
Republic referred to in sections 3 and 4 of the Mar i t ime Zones Act . 1994 (Act No. 15 of 1994). respectively; and 15
(b) subject lo section 26. any estuary; "coastal w e t l a n d " m e a n s — (a) any wetland in the coastal zone: and (b) inc ludes—
(i) land adjacent to coastal waters that is regularly or periodically inundated 20 by water, salt marshes, mangrove areas, inter-tidal sand and mud Hats, marshes, and minor coastal streams regardless of whether they are of a saline, freshwater or brackish nature; and
(ii) the water, the subsoil and substrata beneath, and bed and banks of, any such wetland; 25
"coastal z o n e " means the area compris ing coastal public properly, the coastal protection zone, coastal access land and coastal protected areas, the seashore, coastal waters and the exclusive economic zone and includes any aspect of the environment on. in, under and above such area; "competent author i ty" means a competent authority identified in terms of section 30 24C of the National Environmental Management Act; "cultural her i tage" means any place or object of aesthetic, architectural , historical, scientific, social or spiritual value or significance; " D e p a r t m e n t " means the national depar tment responsible for environmental affairs; 35 "deve lopment" , in relation to a place, means any process initiated by a person to change the use, physical nature or appearance of that place, and inc ludes— (a) the construction, erection, alteration, demoli t ion or removal of a structure or
building: (b) a process to rezone, subdivide or consolidate land; 40 (c) changes to the existing or natural topography of the coastal zone; and (d) the destruction or removal of indigenous or protected vegetat ion; "Director-General" means the Director-General of the Depar tment ; " d u m p i n g at s ea" m e a n s — (a) any deliberate disposal into the sea of any waste or material other than 45
operalional waste from a vessel, aircraft, platform or other man-made structure at sea;
(b) any deliberate disposal into the sea of a vessel, aircraft, platform or other man-made structure at sea;
(c) any storage of any waste or other material on or in the seabed, its subsoil or 50 substrata: or
(d) any abandonment or toppling at site of a platform or other structure at sea, for the sole purpose of del iberate disposal , but " d u m p i n g at s e a " does nol inc lude— (i) ihe lawful disposal at sea through sea out-fall pipelines of any waste or 55
other material generated on land: (ii) the lawful deposit ing of any substance or placing or abandoning of
anything in the sea for a purpose other than mere disposal of it; or
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Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008
(iii) disposing of or storing in the sea any tailings or other material from the bed or subsoil of coastal waters generated by the lawful explorat ion, exploitation and associated off-shore process ing of mineral resources from the bed. subsoil or substrata of the sea;
" d u m p i n g permit" means a permit granted under section 7 1 ; 5 "dynamic coastal processes" means all natural processes continually reshaping the shoreline and near shore seabed and inc ludes— (a) wind action; (b) wave action; (c) currents : 10 id) tidal action; and (e) river flows; "effluent" m e a n s — (a) any liquid discharged into the coastal envi ronment as waste , and includes any
substance dissolved or suspended in the liquid; or 15 (b) liquid which is a different temperature from the body of water into which it is
being discharged; "env ironment" means " env i ronmen t " as defined in the National Environmenta l Managemen t Act; "environmental authorisat ion" means an authorisation granted in respect of 20 coastal activities by a competent authority in terms of Chapter 5 of the National Environmenta l Management Act; "es tuary" means a body of surface wa te r— (a) that is part of a water course that is permanent ly or periodically open to the
sea; 25 (h) in which a rise and fall of the water level as a result of the tides is measurable
at spring tides when the water course is open to the sea; or (c) in respect of which the salinity is measurably higher as a result of the influence
of the sea: "exclusive economic z o n e " means the exclusive economic zone of the Republ ic 30 referred to in section 7 of the Mari t ime Zones Act. 1994 (Act No . 15 of 1994); " G a z e O f " . when used in relation t o — (a) the Minister, means the Government Gazette: (b) the M E C . means the Provincial Gazette: and (c) a municipality, means the Provincial Gazette of the province in which the 35
municipali ty is situated; "general authorisat ion" means an authorisation under section 69(2) ; j "high-water m a r k " means the highest line reached by coastal waters , but excluding any line reached as a result of— (a) exceptional or abnormal floods or s torms that occur no more than once in ten 40
years: or (b) an estuary being closed to the sea: "incinerate at s ea" means the deliberate combust ion of any material on board a vessel, platform or other man-made structure at sea for the purpose of disposing of it by thermal destruction, but does not include the combust ion of operational waste 45 from a vessel, aircraft, platform or other man-made structure at sea; "interests of the whole c o m m u n i t y " means the collect ive interests of the communi ty determined b y — (a) prioritising the collective interests in coastal public property of all persons
living in the Republ ic over the interests of a particular g roup or sector of 50 society;
(b) adopting a long-term perspective that takes into account the interests of future generat ions in inheriting coastal public properly and a coastal environment characterised by healthy and productive ecosys tems and economic activities that are ecologically and socially sustainable; and 55
(c) taking into account the interests of other living organisms that are dependent on the coastal environment :
"issuing author i ty" means the authority designated in terms of this Act to issue authorisat ions; "land deve lopment p l a n " means any plan that is prepared or approved in terms of 60 legislation regulating land development and that indicates the desirable uses for areas of land but does not create legal rights to use land;
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"Land Survey Act" means the Land Survey Act, 1997 (Act No . 8 of 1997); "land use s cheme" , in relation to an area, means a scheme established by or under legislation and that creates or regulates the use of land in that area, and includes a land use scheme, a town planning scheme, a zoning scheme and any other similar instrument that identifies or regulates rights to use land; 5 "littoral active z o n e " means any land forming part of, or adjacent to, the seashore that i s — (a) unstable and dynamic as a result of natural processes ; and (b) characterised by dunes , beaches, sand bars and other landforms composed of
unconsolidated sand, pebbles or other such material which is either 10 unvegetated or only partially vegetated;
"local c o m m u n i t y " means any communi ty of people l iving, or having rights or interests, in a distinct geographical area within the coastal zone; "low-water m a r k " means the lowesl line lo which coastal waters recede during spring tides; 15 "Mar ine Living Resources A c t " means the Marine Living Resources Act, 1998 (Act No. 18 of 1998): " M E C " means the member of the Executive Counci l of a coastal province w h o is responsible for the designated provincial lead agency in terms of this Act; "Min i s t er" means the Minister of Environmental Affairs and Tour ism; 20 "munic ipa l i ty"— (a) means a metropoli tan, district or local municipali ty established in terms of the
Local Government : Municipal Structures Act, 1998 (Act No . 117 of 1998): or (b) in relation to the implementat ion of a provision of this Act in an area which
falls within both a local municipality and a district municipali ty, m e a n s — 25 (i) the district municipal i ty: or
(ii) the local municipali ty, if the district municipality, by agreement with the local municipali ty, has assigned the implementat ion of that provision in thai area lo the local municipal i ty:
"Munic ipal Sys tems A c t " means the Local Government : Municipal Sys tems Act. 30 2000 (Act No. 32 of 2000) ; "National Environmenta l M a n a g e m e n t A c t " means the National Env i ronmen­ tal Management Act. 1998 (Act No . 107 of 1998): "national estuarine management protocol" means the national protocol concerning the management of estuaries contemplated in section 33 ; 35 "National Water A c t " means the National Water Act. 1998 (Act No. 36 of 1998); "operational w a s t e " — (a) means any waste or other material that is incidental to, or derived from, the
normal operat ion of a vessel, aircraft, platform or other m a n - m a d e structure and its equipment ; and 40
(b) excludes any waste or other material thai is transported by or lo a vessel, aircraft, platform or other man-made structure which is operated for the purpose of disposing of that waste or other material , including any substances derived from treating it on board, at sea;
"organ of s ta te" has the meaning assigned to it in section 239 of the Const i tu t ion; 45 "pol lut ion" has the meaning assigned to it in section 1 of the Nat ional Environmenta l Management Act; "prescr ibe" means prescribe by regulation; "protected a r e a " means a prolected area referred to in section 9 of the Protected Areas Act; 50
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"Protected Areas A c t " means the National Environmental Management : Pro­ tected Areas Act, 2003 (Act No. 57 of 2003) ; "provincial lead agency" means a provincial organ of state designated by the Premier of the province in terms of section 38 as the lead agency for coastal management in the province; 5 "sea" means all marine waters, inc luding— (a) the high seas; (b) all marine waters under the jurisdiction of any state; and (c) the bed, subsoil and substrata beneath those waters, but does not include
estuaries; 10 "seashore", subject to section 26, means the area between the low-water mark and the high-water mark: "South African aircraft" means any aircraft registered in the Republ ic in terms of applicable legislation; "South African vessel" means any vessel registered or deemed to be registered in 15 the Republ ic in terms of applicable legislation; "special m a n a g e m e n t area" means an area declared as such in terms of section 23; "this A c t " includes any regulation made in terms of this Act; "tradit ional counc i l" means a traditional council established and recognised in 20 terms of section 3 of the Traditional Leadership and Governance F ramework Act . 2003 (Act No. 41 of 2003); "vesse l" means a waterborne craft of any kind, whether self-propelled or not, but does not include any moored floating structure that is not used as a means of transport by water; 25 " w a s t e " means any substance, whether or not that substance can be re-used, recycled or r ecovered— (i) that is surplus, unwanted, rejected, discarded, abandoned or disposed of;
(ii) that the generator has no further use of, for the purposes of product ion, reprocessing or consumpt ion ; and 30
(iii) that is discharged or deposi ted in a manner that may detr imental ly impact on the environment ;
"Waste Assessment Guide l ines" means the guidel ines set out in Schedule 2; and " w e t l a n d " means land which is transitional between terrestrial and aquatic- systems where the water table is usually at or near the surface, or the land is 35 periodically covered with shallow water, and which land in normal c i rcumstances supports or would support vegetation typically adapted to life in saturated soil.
(2) In this Act. a word or expression derived from a word or expression defined in subsection (1) has a corresponding meaning unless the context indicates otherwise .
Objects of Act 40
2. The objects of this Act a r e — (a) to determine the coastal zone of the Republ ic : (b) to provide, within the f ramework of the National Environmenta l Managemen t
Act, for the co-ordinated and integrated management of the coastal zone by all spheres of government in accordance with the principles of co-operat ive 45 governance ;
(c) to preserve, protect, extend and enhance the status of coastal public property as being held in trust by the State on behalf of all South Africans, including future generat ions;
(d) to secure equitable access to the opportunit ies and benefits of coastal public 50 properly: and
(e) to give effect to the Republ ic ' s obligat ions in terms of international law regarding coastal management and the marine envi ronment .
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State's duty to fulfil environmental rights in coastal e n v i r o n m e n t
3. In fulfilling the rights contained in section 24 of the Consti tut ion of the Republ ic of South Africa, the S la te—
(a) through ils functionaries and institutions implement ing this Acl, must act as the trustee of the coastal zone; and 5
(b) must, in implement ing this Act, take reasonable measures to achieve the progressive realisation of those rights in the interests of every person.
Applicat ion of Act
4. (1) This Act applies to the Republ ic , inc lud ing— (a) its internal waters, territorial waters, exclusive economic zone and continental 10
shelf as described in the Mari t ime Zones Act. 1994 (Act N o . 15 of 1994); and (b) the Prince Edward Islands referred lo in the Prince Edward Islands Act, 1948
(Act No. 4 3 of 1948). (2) A provision of this Act which relates to dumping and incineration at sea applies to
South African aircraft and vessels also when outside the Republ ic . 15
Applicat ion of National Environmental M a n a g e m e n t Act
5. (1) This Act must, in relation to coastal management , be read, interpreted and applied in conjunction with the National Environmental Managemen t Act.
(2) This Act must be regarded as a "specific environmental managemen t A c t " as defined in section 1 of the National Environmental Managemen t Act. 20
(3) Chapter 4 of the National Environmental Managemen t Act applies lo the resolution of conflicts arising from the implementat ion of this Acl .
Conflicts with other legislation
6. (1) If there is a conflict relating lo coastal management between a section of this Act and any other legislation existing when this Act takes effect, the section of this Acl 25 prevails.
(2) A provision contained in this Act or the National Environmenta l Managemen t Act, or in regulat ions made or authorisations issued under either Act . prevails if there is a conflict between that provision and a provision contained in regulat ions or in an authorisation that has been saved in terms of section 99. 30
(3) Draft national legislation directly or indirectly amending this Act . or providing for the enactment of subordinate legislation that may conflict with this Act, may be introduced in Par l iament—
(a) by the Minister only; or (b) only after the Minister has been consulted on the contents of the draft 35
legislation.
C H A P T E R 2
C O A S T A L Z O N E
Part 1
Coastal public property 40
Compos i t ion of coastal public property
7. Coastal public property consists of—
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(a) coastal waters; (b) land submerged by coastal waters, inc lud ing—
(i) land flooded by coastal waters which subsequently becomes part of the bed of coastal waters; and
(ii) the substrata beneath such land; 5 (c) any island, whether natural or artificial, within coastal waters , but exclud­
i n g — (i) any part of an island that was lawfully alienated before this Act
commenced ; or (ii) any part of an artificially created island (other than the seashore of that 10
island) that is proclaimed by the Minister to be excluded from coastal public property;
(d) the seashore, but exc lud ing— (i) any portion of the seashore below the high-water mark which was
lawfully al ienated before the Sea-Shore Act,") 935 (Act No. 21 of 1935). 15 took effect or which was lawfully alienated in terms of that Act and which has not subsequently been re-incorporated into the seashore; and
(ii) any portion of a coastal cliff that was lawfully al ienated before this Act took effect and is not owned by the State;
(e) the seashore of a privately owned island within coastal waters ; 20 (f) any admiral ty reserve owned by the State; (g) any s tate-owned land declared under section 8 to be coastal public property; or (h) any natural resources on or in—
(i) any coastal public property of a category ment ioned in paragraph (a) to (8)1 25
(ii) the exclusive economic zone, or in or on the continental shelf as contemplated in sections 7 and 8 of the Mar i t ime Zones Act . 1994 (Act No. 15 of 1994), respectively: or
(iii) any harbour, work or other installation on or in any coastal public property of a category mentioned in paragraphs (a) to (h) that is owned 30 by an organ of state.
Extending coastal public property
8. (1) The Minister may. by notice in the Gazette, declare in the manner contemplated in subsection (2) any s ta te-owned land as coastal public property in o rde r—
(a) to improve public access to the seashore; 35 (b) to protect sensit ive coastal ecosys tems; (c) to secure the natural functioning of dynamic coastal processes ; (d) to facilitate the achievement of any of the objects of this Act : or (e) to protect people , property and economic activities from risks arising from
dynamic coastal processes, including the risk of sea-level rise. 40 (2) Before declaring s tate-owned land as coastal public property in terms of
subsection (1). the Minis ter mus t— (a) consult with interested and affected parties; and (b) obtain the concurrence of the Minister, or of the M E C of the province,
responsible for managing that s tate-owned land. 45 (3) The declaration of s tate-owned land as coastal public property in terms of
subsection (1) may only be withdrawn by the Minister by notice in the Gazette with the prior approval of Parl iament .
(4) This section does not affect the application of section 26.
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Acquis i t ion of private land by State
9. (1) The Minister, acting with the concurrence of the Minister of Land Affairs, may acquire private land for the purpose of declaring that land as coastal public property, b y -
(a) purchasing the land: 5 (b) exchanging the land for other land: or (c) if no agreement is reached with the owner, by expropria t ing the land in
accordance with the Expropriat ion Act, 1975 (Act No . 63 of 1975). (2) Land may be acquired in terms of this section only if it is being expropriated for
a purpose set out in section 8(1). 10
Designat ion of s tate-owned land for certain purposes
10. (1) The Minister may, by notice in the Gazette— (a) designate s tale-owned land vested in the national government for the purpose
of facilitating any of the matters ment ioned in section 8(1); or (b) at any t ime withdraw a designation in terms of paragraph (a) by following the 15
process described in subsection (2). (2) Before designat ing s ta te-owned land in terms of subsection (1 )(a) or wi thdrawing
a designation in terms of subsection (\)(b) Ihe Minister m u s t — (a) consult the M E C of the province concerned; (h) consult the persons responsible for manag ing the s ta le-owned land and 20
interested and affected parties in terms of Part 5 of Chapter 6; and (c) obtain the concurrence of the Minister responsible for manag ing that state-
owned land. (3) The M E C may, by notice in the Gazette—
(a) designate state-owned land vested in the provincial government for the 25 purpose of facilitating any of the matters ment ioned in section 8(1); or
(b) at any t ime withdraw a designation in terms of paragraph (a) in the manner contemplated in subsection (4).
(4) Before designat ing s tate-owned land in terms of subsection (3)(c/) or wi thdrawing a designation in terms of subsection (3)(/;) the M E C m u s t — 30
(a) consult the Minister; (b) consult the persons responsible for managing the s tate-owned land and
interested and affected parties in terms of Part 5 of Chapter 6; and (c) obtain the concurrence of the M E C responsible for managing that s tate-owned
land. " 35 (5) State-owned land designated in terms of subsection (\)(a) or (3)fa) must be
regarded as coastal public property.
Ownersh ip of coastal public property
11. (1) The ownersh ip of coastal public properly vests in the citizens of the Republ ic and coastal public properly must be held in irusl by the State on behalf of the citizens of 40 the Republic .
(2) Coastal public properly is inalienable and cannot be sold, attached or acquired by prescription and rights over it cannot be acquired by prescription.
State public trustee of coastal public property
12. The State, in its capacity as the public trustee of all coastal public property, mus t— 45 (a) ensure that coastal public property is used, managed , protected, conserved and
enhanced in the interests of the whole communi ty ; and
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(b) lake whatever reasonable legislative and other measures ii considers necessary to conserve and protect coastal public properly for the benefit of present and future generat ions.
Access to coastal public property
13. (1) Subject to this Act and any other applicable legislation, any natural person in 5 the Repub l i c—
(a) has a right of reasonable access to coastal public property; and (b) is entitled to use and enjoy coastal public properly, provided such u s e —
(i) does nol adversely affect the rights of members of the public to use and enjoy the coastal public properly; 10
(ii) does not hinder the State in the performance of its duty to protect the environment ; and
(iii) does not cause an adverse effect. (2) This section does not prevent prohibit ions or restrictions on access to. or the use
of, any part of coastal public p roper ty— 15 (a) which is or forms part of a protected area; (b) to protect the environment , including biodiversi ty; (c) in the interests of the whole communi ty ; (d) in the interests of national security; or (e) in the national interest. 20
(3) N o fee may be charged for access to coastal public properly without the approval of the Minister.
(4) The Minister, before granting approval for the imposit ion of a fee. must require a public participation process in accordance with Part 5 of Chapter 6 to enable interested and affected parties to make representat ions. 25
(5) Subsect ions (3) and (4) do not apply to coastal public p rope r ty— (a) that has been leased; or (b) that is. or forms part of. a protected area or the sea thai forms pari of a harbour
or a proclaimed fishing harbour.
Position of h igh-water mark 30
14. (1) If land has a curvil inear boundary exlending to, or a stated dis tance from, the high-water mark that curvilinear boundary may be substi tuted by a boundary of another character by following the procedure prescribed by section 34 of the Land Survey Act, provided that in addition to the requirements of that section the written agreement referred to in that section must be signed b y — 35
(a) the Minister; and (b) the holder of real rights in the land or in land cont iguous to it whose rights
would be adversely affected by the replacement of the curvi l inear boundary. (2) If a written agreement is not concluded in accordance with subsect ion (1) and
section 34 as read with section 29 of the Land Survey Act , subsect ions (.3) to (5) of 40 section 29 of that Act apply with the necessary changes .
(3) Once a boundary line has been established in terms of subsect ion (1) it shall be regarded as the high-water mark as defined in this Act unless a new boundary is established in terms of subsection (4).
(4) If the high-water mark moves inland of the natural curvi l inear boundary or the 45 boundary line established in terms of subsection (1) and remains there for at least two years, a new boundary line on. or inland of. the high-water mark as determined by natural indications, may be determined in accordance with this section at the initiative of the Surveyor-General or by a written agreement referred to in subsect ion (1) being lodged with the Surveyor-General b y — 50
(a) the Minister; (b) the municipali ty within whose area of jur isdict ion the boundary line is
si tuated: fc) the owner of a land unit affected by the movement of the high-water mark: or (d) ihe holder of real rights in a land unit affected by the movement of the 55
high-waler mark. (5) If the high-water mark moves inland of the boundary line of a land unit due to the
erosion of the coast , sea-level rise or other causes , and remains inland of that boundary line for a period of ihree years , Ihe owner of that land uni t—
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(a) loses ownership of" any portion of that land unit that is situated below the high-water mark; and
(b) is not entitled to compensat ion from the State for that loss of ownersh ip , unless the movement of the high-water mark was caused by an intentional or negligent act or omission by an organ of state and was a reasonably foreseeable consequence of 5 that act or omission.
(6) If accretion occurs, whether as a result of natural processes or human activities, land which formed part of the seashore when this Act took effect and which subsequently becomes situated inland of the high-water mark as a result of a change in the position of the high-water mark, remains coastal public property, and does not 10 become part of any adjoining property unless the property is bounded by the h igh-water mark or extends to a staled distance from the high-water mark.
Measures affecting erosion and accretion
15. (1) No person, owner or occupier of land adjacent to the seashore or other coastal public property capable of erosion or accretion may require any organ of state or any 15 other person to take measures to prevent the erosion or accretion of the seashore or such other coastal public property, or of land adjacent to coastal public property, unless the erosion is caused by an intentional acl or omission of that organ of state or other person.
(2) N o person may construct , maintain or extend any structure, or take other measures on coastal public property to prevent or promote erosion or accrelion of the seashore 20 except as provided for in this Act.
Part 2
Coastal protection zone
Composi t ion of coastal protection zone
16. (1) Subject to subsection (2). the coastal protection zone consists of— 25 (a) land falling within an area declared in terms of the Envi ronment Conservat ion
Act, 1989 (Acl No . 73 of 1989), as a sensitive coastal area within which activities identilied in terms of section 21(1) of that Act may not be undertaken without an authorisation;
(b) any part of the litloral active zone that is not coastal public property; 30 (c) any coastal protection area, or pari of such area, which is not coastal public
property; (d) any land unit situated wholly or partially within one kilometre of the high-
water mark which, when this Acl came into force— (i) was zoned for agricultural or undetermined use; or 35
(ii) was not zoned and was not part of a lawfully establ ished township , urban area or other human sett lement;
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(e) any land unit not referred to in paragraph (d) that is situated wholly or partially within 100 metres of the high-water mark;
(/) any coastal wetland, lake, lagoon or dam which is situated wholly or partially within a land unit referred to in paragraph (d)(\) or (e)\
(g) any part of the seashore which is not coastal public property, including all 5 privately owned land below the high-water mark;
(h) any admiralty reserve which is not coastal public property: or (i) any land that would be inundated by a 1:50 year flood or storm event.
(2) An area forming part of the coastal protection zone, except an area referred to in subsection (\)(g) or (h). may be excised from the coastal protection zone in terms of 10 section 26.
Purpose of coastal protection zone
17. The coastal protection zone is established for enabling the use of land that is adjacent to coastal public property or that plays a significant role in a coastal ecosystem to be managed, regulated or restricted in order t o — 15
(a) protect the ecological integrity, natural character and the economic , social and aesthetic value of coastal public property:
(/;) avoid increasing the effect or severity of natural hazards in the coastal zone: (c) protect people, property and economic activities from risks arising from
dynamic coastal processes, including the risk of sea-level r ise; 20 (d) maintain the natural functioning of ihe littoral active zone; (e) maintain the productive capacity of the coastal zone by protect ing the
ecological integrity of the coastal envi ronment ; and (/) make land near the seashore available to organs of state and other authorised
persons for— 25 (i) performing rescue operat ions; or
(ii) temporarily deposi t ing objects and materials washed up by the sea or tidal waters.
Part 3
Coastal access land 30
Designat ion of coastal access land
18. (1) Each municipali ty whose area includes coastal public properly must within four years of the commencemen t of this Act, make a by- law that designates strips of land as coastal access land in order to secure public access to that coastal public property.
(2) Coastal access land is subject to a public access servitude in favour of the local 35 municipality within whose area of jurisdict ion it is situated and in terms of which members of the public may use that land to gain access to coastal public property.
(3) A municipali ty must implement subsection (1) subject t o — (a) the other provisions of this Act, inc lud ing—
(i) any prohibit ions or restrictions referred to in section 13(2); and 40
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(ii) the national and applicable provincial coastal managemen t p rog rammes ; and
(b) any other applicable national or provincial legislalion. (4) N o land within a harbour, defence or other strategic facility may be designated as
coastal access land without the consent of the Minister responsible for that facility. 5 (5) Subject to section 19, a municipality may, on its own initiative or in response to a
request from an organ of state or any other interested and affected party, wi thdraw the designation of any land as coastal access land.
Process for des ignat ing and withdrawing designation of coastal access land
19. Before designating land as coastal access land or wi thdrawing any such 10 designation, a municipali ty m u s t —
{a) assess the potential environmental impacts of doing so; (b) consult with interested and affected parties in accordance with Pari 5 of
Chapter 6; and (c) give notice of the intended designation or withdrawal of the designat ion to the 15
owner of the land.
Responsibi l i t ies of municipal i t ies with regard to coastal access land
20. (1) A municipali ty in whose area coastal access land falls, m u s t — (a) signpost entry points to that coastal access land; (b) control the use of, and activities on, that land; 20 (c) protect and enforce the rights of the public to use that land to gain access to
coastal public property; (d) maintain that land so as to ensure that the public has access lo the relevant
coastal public properly; (e) where appropriate and wilhin its available resources, provide facilities that 25
promote access to eoaslal public property, including parking areas, toilets, boardwalks and other amenit ies , taking into account the needs of physically disabled persons;
(/) ensure that the provision and use of coastal access land and associated infrastructure do not cause adverse effects to the envi ronment ; 30
(g) remove any public access servitude that is causing or contr ibut ing to adverse effects that the municipality is unable lo prevent or to mitigate adequately;
(h) describe or otherwise indicate all coastal access land in any municipal coastal management p rogramme and in any municipal spatial deve lopment frame­ work prepared in terms of the Municipal Systems Act; 35
(i) perform any other actions that may be prescribed: and (j) report lo the M E C within two years of this Acl coming into force on the
measures taken to implement this section. (2) A municipality may make by-laws for the proper implementat ion of subsection
(1). 40
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Part 4
Coastal waters
Control and m a n a g e m e n t of coastal waters
21. An organ of state that is legally responsible for controll ing or manag ing any activity on or in coastal waters, must control and manage that ac t iv i ty— 5
(a) in the interests of the whole communi ty ; and
(b) in accordance with the Republ ic ' s obligations under international law.
Part 5
Coastal protected areas
Excis ion of protected areas from coastal protection zone 10
22. (1) Subject to section 87. the M E C may by notice in the Gazette declare that with effect from a specified date the whole or any part of a protected area that is not coastal public property, will not form part of the coastal protection zone.
(2) The M E C may only publish a notice referred to in subsection (1) after consultat ion with the management authority of the protected area, if he or she on reasonable grounds 15 believes that doing so will not prejudice the effective management of the coastal zone.
Part 6
Special management areas
Declarat ion of special m a n a g e m e n t areas
23. ( I ) The Minis ter may. after consultation with the M E C , by notice in the Gazette— 20 (a) declare an area that is wholly or partially within the coastal zone to be a
special management area; or (b) withdraw or amend any declaration made in terms of paragraph (a).
(2) Before declaring an area to be a special management area, the Minis ter must give interested and affected parties an opportunity to make representat ions in accordance 25 with Part 5 of Chapter 6.
(3) An area may be declared as a special management area only if envi ronmenta l , cultural or soc io-economic condit ions in that area require the introduction of measures which are necessary in order to more effectively—
(a) attain the objectives of any coastal management p rogramme in the area; 30 (b) facilitate the management of coastal resources by a local communi ty ; (c) promote sustainable l ivelihoods for a local communi ty ; or (d) conserve, protect or enhance coastal ecosys tems and biodiversity in the area.
(4) The Minister may prescribe specified activities which are prohibi ted in special management areas taking into account the purpose for which the special management 35 area was declared.
M a n a g e m e n t of special m a n a g e m e n t areas
24. ( I ) The Minis ter may, by notice in the Gazette, appoint a manager for each special management area.
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(2) The manager must have sufficient expertise and capacity to manage the special management area in a manner that will achieve the objectives for which it was established and may b e —
(a) a juristic person constituted for that purpose; (b) an organ of state; 5 (c) a traditional council ; or (d) any other person with appropriate expert ise and capacity.
(3) Before authorising the manager to begin managing the special management area, the Minister must make regulations tha t—
(a) define the duties and powers of the manager; and 10 (b) prescribe rules to facilitate the achievement of the objectives for which the
special management area was declared.
Part 7
Coastal set-back lines
Establ i shment of coastal set-back l ines 15
25. (1) An M E C must in regulations published in the Gazette— (a) establish or change coastal set-back l ines—
(i) to protect coastal public property, private property and public safety; (ii) to protect the coastal protection zone:
(iii) to preserve the aesthetic values of the coastal zone; or 20 (iv) for any other reason consistent with the object ives of this Act; and
(b) prohibit or restrict the building, erection, alteration or extension of structures that are wholly or partially seaward of that coastal set-back line.
(2) Before making or amending the regulations referred to in subsection (1), the M E C m u s t — 25
(a) consult with any local municipali ty within whose area of jurisdict ion the coastal set-back line is, or will be, situated: and
(b) give interested and affected parlies an opportunity lo make representat ions in accordance with Part 5 of Chapter 6.
(3) A local municipality within whose area of jurisdict ion a coastal set-back line has 30 been established must delineate the coastal set-back line on a map or maps that form part of its zoning scheme in order to enable the public to determine the position of the set-back line in relation to existing cadastral boundaries .
(4) A coastal set-back line may be situated wholly or partially outside the coastal zone.
C H A P T E R 3 35
B O U N D A R I E S O F C O A S T A L A R E A S
Determinat ion and adjustment of coastal boundaries
26. (1) The coastal boundaries of— (a) coastal public property may be determined or adjusted by the Minister in
accordance with section 27 by notice in the Gazette; 40 (b) the coastal protection zone may be determined or adjusted by the M E C in
accordance with section 28 by notice in the Gazette: (c) a special management area may be determined or adjusted by the Minister in
accordance with section 23 by notice in the Gazette: and
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(d) coastal access land may be determined or adjusted by the municipal i ty in accordance with section 29 by notice in the Gazette.
(2) The power of the Minister to determine or adjust the inland coastal boundary of coastal public property in terms of section 27, includes the power to make any consequential change to an adjoining coastal boundary of the coastal protection zone or 5 coastal access land.
(3) The coastal boundaries referred to in subsection (1) may be determined or adjusted if—
(a) that coastal boundary— (i) is uncertain or undefined; 10
(ii) is subject to disputing claims; or (iii) has shifted due to natural or artificial processes: or
(b) the Minister, M E C or municipality concerned on reasonable grounds believes that the objects of this Acl will be achieved more effectively by doing so.
(4) When determining or adjusting a coastal boundary in terms of subsect ion (1), the 15 Minister, M E C or municipali ty in question m u s t —
(a) give interested and affected parties an opportunity to make representat ions in accordance with Part 5 of Chapter 6;
(b) lake into accoun t— (i) any representat ions made by interested and affected parties; 20
(ii) the interests of any affected local communi ty ; (iii) any applicable coastal management p rogramme; and
(c) comply with any other requirements that may be prescribed. (5) If the Minister or M E C determines or adjusts any coastal boundary under this
section, he or she must immediately inform any municipali ty within whose area of 25 jurisdict ion the coastal boundary is situated to enable the municipal i ty to reflect that coastal boundary on its zoning maps in accordance with section 3 1 .
Determining and adjust ing coastal boundary of coastal public property
27. (1) When determining or adjusting the inland coastal boundary of coastal public- property, the Minister must take into accoun t— 30
(a) ihe dynamic nature of the shoreline; (b) the need to make appropriate a l lowance for—
(i) the periodic natural movements in the high-water mark; and (ii) the erosion and accretion of the seashore;
(c) the importance of ensuring the natural functioning of dynamic coastal 35 processes and of extending the coastal boundar ies of coastal public property to include the littoral active zone and sensitive coastal ecosys tems , including coastal wet lands;
id) the potential effects of projected rises in sea-level; and (e) any other factor that may be prescribed. 40
(2) The Minister may exclude any area from coastal public property for government purposes , by proclamat ion.
(3) Before excluding any area from coastal public property in terms of subsection (2), the Minister must consult with interested and affected parties in terms of Part 5 of Chapter 6. 45
(4) The Minister may exclude any area from coastal public property for any other purpose with the ratification of Parl iament.
(5) Land excluded from coastal public property forms part of state owned land.
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(6) The Minister may on application approve the reclamation ot ' land. Such reclaimed land shall, unless excluded from coastal public property in terms of subsection (5), form part of coastal public property.
(7) For purposes of this section, "gove rnmen t pu rposes" means the exercise of functions by an organ of state that are in the national interest or in the interest of national 5 security but does not include donation, leases of more than 20 years or alienation by that organ of slate.
Determining and adjust ing coastal boundaries of coastal protect ion zone
28. (1) The M E C may not determine or adjust the coastal boundar ies of the coastal protection zone in a manner that changes the coastal boundaries of coastal public 10 property.
(2) The M E C may include land that is not adjacent to coastal public property in the coastal protection zone.
(3) When determining or adjusting the coastal boundary of the coastal protection zone the M E C must take into accoun t— 15
(a) the purpose for which the coastal protection zone is established: (b) the importance for coastal management to incorporate into the coastal
protection zone land inland of the high-water mark that is not coastal public- property but that should be maintained in, or restored to, a natural or semi-natural state; 20
(c) the need to avoid risks posed by natural hazards to people, biodiversity, coastal public property and private property;
(d) the potential for the number and severity of natural disasters to increase due to the effects of global cl imate change and other impacts on the envi ronment , and the importance of taking prevent ive measures to address these threats; 25
(e) the impor tance of al lowing for the movement of the posit ion of the high water mark over lime and of protecting the inland coastal boundary of coastal public property by demarcat ing a cont inuous strip of land adjacent lo it; and
(/) any other factor thai may be prescribed.
Determining and adjust ing coastal boundaries of coastal access land 30
29. When determining or adjusting a coastal boundary of coastal access land a municipali ty must take into accoun t—
(a) the kind of public access required, and whether it is for— (i) pedestr ians;
(ii) vehicles; 35 (iii) vessels; or (iv) any other kind of access;
(b) any potential adverse effects that public access may cause, including those caused b y — (i) associated infrastructure; 40
(ii) vehicles, vessels or other conveyances ; and (iii) increased numbers of people;
(c) the need for parking, recreational and ablution facilities; (d) any exist ing rights of way, public servitudes or customary means of gaining
access to the seashore and coastal waters; 45 (e) the need to protect any coastal protected areas; and (f) the importance of not restricting the rights of land owners unreasonably.
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Entry onto land
30. (1) The Minister, an M E C or a municipali ty may, for the purpose of determining or adjusting a coastal boundary in terms of section 26, authorise any person to enter at any reasonable t ime, after reasonable notice to the owner or occupier of land or premises , other than residential premises, without a warrant, t o — 5
(a) conduct any survey; (b) gather data; (c) undertake an environmental assessment; (d) erect a beacon; or (e) take any other steps that may be necessary under this section. 10
(2) Any person authorised in terms of subsection ( I ) to enter land or premises must on demand by any person, produce proof of his or her identity and authority to enter such land or premises .
(3) Where the owner of any land or premises has refused entrance or cannot be found, the Minister, an M E C or a municipali ty may apply to the High Cour t for an appropriate 15 order.
(4) The Minister, an M E C or a municipali ty must compensa te the owner for any damage , or repair any damage , arising from any act performed or carried out on the land or premises in the exercise of any power conferred in terms of this section.
M a r k i n g coastal boundaries on zoning m a p s 20
31 . If the Minister, an M E C or a municipali ty determines or adjusts a coastal boundary in accordance with section 26. a local municipali ty within whose area of jurisdiction the coastal boundary is situated must delineate that coastal boundary on a m a p or maps that form part of its zoning scheme in order to enable the public to determine the position of the coastal boundary in relation to existing cadastral 25 boundaries .
Endorsements by Registrar of Deeds
32. (1) The Minister, an M E C or a municipali ty, as may be appropriate , must notify the relevant Registrar of Deeds in writ ing whenever a coastal boundary has been determined or adjusted in terms of section 26( I) or an area or land has been demarcated 30 in terms of section 26(2).
(2) The notification to the relevant Registrar of Deeds m u s t — (a) include a description of the land involved; or (b) be accompanied by a diagram as defined in section I of the Land Survey Act .
1997 (Act No . 8 of 1997), of the land involved which is signed by a land 35 surveyor.
(3) On receipt of the notification contemplated in subsection (2), the relevant Registrar of Deeds must in accordance with section 3( 1)(w) of the Deeds Registr ies Act , 1937 (Act No. 47 of 1937), make a note in the relevant register of the determinat ion or adjustment of a coastal boundary or a demarcat ion. 4 0
C H A P T E R 4
E S T U A R I E S
National estuarine m a n a g e m e n t protocol
33 . ( I ) Estuaries within the Republic must be managed in a co-ordinated and efficient manner and in accordance with a national estuarine management protocol . 45
(2) The Minister, with the concurrence of the Minis ter responsible for water affairs, must within four years of the commencemen t of this Act prescribe a national estuarine management protocol.
(3) The national estuarine management protocol m u s t — (a) determine a strategic vision and object ives for achieving effective integrated 50
management of esluaries; (b) set s tandards for the management of estuaries;
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(c) establish procedures or give guidance regarding how estuaries must be managed and how the management responsibili t ies are to be exercised by different organs of state and other part ies;
(d) establish min imum requirements for estuarine management plans; (e) identify w h o must prepare estuarine management plans and the process to be 5
followed in doing so; if) specify the process for reviewing estuarine management plans to ensure that
they comply with the requirements of this Act; and (g) be published for public comment in accordance with the procedure set out in
Part 5 of Chapter 6. 10
Estuarine m a n a g e m e n t plan
34. (1) The responsible body contemplated in section 33(3)(>) who deve lops an estuarine management plan must —
fa) follow a public participation process in accordance with Part 5 of Chapter 6; and 15
(b) ensure that the estuarine management plan and the process by which it is developed are consistent w i th— (i) the national estuarine management protocol; and
(ii) the national coastal management p rog ramme and with the appl icable provincial coastal management p rogramme and municipal coastal 20 management p rogramme referred to in Parts 1, 2 and 3 of Chap te r 6.
(2) An estuarine management plan may form an integral part of a provincial coastal management p rog ramme or a municipal coastal management p rog ramme .
C H A P T E R 5
I N S T I T U T I O N A L A R R A N G E M E N T S 25
Part 1
National Coastal Committee
Establ i shment and functions of National Coastal Commit t ee
35. (1) The Minister must by notice in the Gazette establish a National Coastal Commi t tee and determine its powers . 30
(2) The Depar tment must provide administrat ive support to the National Coastal Commit tee .
(3) The National Coastal Commi t tee must promote integrated coastal management in the Republ ic and effective co-operat ive governance by co-ordinat ing the effective implementat ion of this Act and of the national coastal management p rogramme, and in 35 particular mus t—
(a) p romote integrated coastal m a n a g e m e n t — (i) within each sphere of government ;
(ii) between different spheres of government ; and (iii) between organs of stale and other parties concerned with coastal 40
management ; (b) p romote the integration of coastal management concerns and object ives
i n to— (i) those environmental implementat ion plans and environmenta l manage­
ment plans referred to in Chapter 3 of the Nat ional Envi ronmenta l 45 Management Acl to which they are relevant;
(ii) national, provincial and municipal deve lopment pol icies , plans and strategies;
(iii) other plans, p rogrammes and policies of organs of stale whose activities may create adverse effects on the coastal envi ronment ; and 50
(c) perform any function delegated to it.
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Composi t ion of National Coastal Commit tee
36. ( I ) The Minis ter appoints the members of the National Coastal Commi t t ee . (2) (a) The persons to be appointed in terms of subsection (1) must, by virtue of the
office that they hold or their expert ise, be able to assist the National Coastal Commi t tee in fulfilling its functions. 5
(b) When appoint ing persons in terms of subsection (1), the Minis ter must ensure that the National Coastal Commit tee inc ludes—
(i) persons with expertise in fields relevant to coastal managemen t and coastal ecosys tems;
(ii) a representative from each Provincial Coastal Commi t t ee ; 10 (iii) one or more members representing municipali t ies in the coastal zone; (iv) representat ives of national government depar tments which play a significant
role in undertaking or regulat ing activities that may have an adverse effect on the coastal environment , including representat ives of the depar tments responsible for agriculture, minerals and energy, transport , public works , 15 provincial and local government , land affairs, water affairs and forestry and trade and industry; and
(v) one or more members representing the management authorit ies of coastal protected areas.
(3) The Minister may, on the basis of the criteria referred to in subsect ion (2), 20 appoin t—
(a) an alternate member for any m e m b e r of the National Coastal Commi t t ee ; and (b) a replacement for any member who vacates his or her office.
(4) The Minister must, with the consent of the Minister of Finance, de termine the rate of remunerat ion and the a l lowances payable to any member of the National Coastal 25 Commit tee w h o is not an employee of an organ of state.
Vacation of office and terminat ion of m em bers h i p
37. (1) A member of the National Coastal Commit tee vacates office if he or s h e — (a) becomes impaired to the extent that he or she is unable to carry out his or her
duties as a member of the National Coastal Commi t t ee ; 30 (b) ceases to hold any office necessary for his or her appointment to the National
Coastal Commi t t ee ; or (c) tenders his or her resignation and a Minister accepts it.
(2) The Minister may terminate membersh ip of a member of the National Coastal Commit tee w h e r e — 35
(a) that member fails to perform the dut ies of a m e m b e r as required in terms of this Act;
(h) (hat member obstructs or impedes the National Coastal Commi t t ee in the performance of its functions in terms of this Act;
(c) that member brings the National Coastal Commi t tee into disrepute; or 40 (d) such termination is in the interest of the public.
Part 2
Provincial lead agencies
Designat ion and funct ions of provincial lead agency
38. (1) The Premier of each coastal province must, within two months of the 45 commencemen t of this Act, designate a provincial organ of state to function as the lead agency for coastal management in the province and must ensure that there is at all t imes a lead agency for coastal management in the province which is responsible to the M E C .
(2) Each provincial lead agency must , within the p rov ince— (a) co-ordinate the implementat ion of the provincial coastal management 50
p rogramme referred to in Part 2 of Chapter 6;
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(b) monitor coastal management in the province to ensure that it is undertaken in an integrated, effective and efficient manner and in accordance with the objects of this Act;
(c) moni tor the state of the environment in the coastal zone and relevant trends affecting that environment , and identify provincial priority issues; 5
(d) co-ordinate the preparation of a provincial state of the coast report required by section 93(2);
(e) provide logistical and administrat ive support to the Provincial Coastal Commi t tee established in accordance with section 39;
(f) review reports that relate lo determinat ions and adjustments under Chapter 3 10 or that concern policies that may impact on the coastal zone:
(g) p romote , in collaboration with other appropriate bodies and organisat ions, training, educat ion and public awareness p rog rammes relating to the protection, conservation and enhancement of the coastal envi ronment and the sustainable use of coastal resources; 15
(/() lake all reasonably practical measures to moni tor compl iance with, and to enforce, this Act, either alone or in co-operat ion with other enforcement agencies ; and
(i) perform any other functions assigned to it by the Minister or the M E C under this Act. 20
(3) The Premier may assign some of the functions referred to in subsection (1) to any organ of state other than the lead agency in the province.
Part 3
Provincial Coastal Committees
Establ i shment and functions of Provincial Coastal C o m m i t t e e s 25
39. (1 ) Each M E C must within 12 months of the c o m m e n c e m e n t of this Act establish a Provincial Coastal Commit tee for the province.
(2) A Provincial Coastal Commit tee mus t— (a) promote integrated coastal management in the province and the co-ordinated
and effective implementat ion of this Act and the provincial coastal manage- 30 ment p rogramme;
(b) advise the M E C , the provincial lead agency and the National Coastal Commi t tee on matters concerning coastal managemen t in the province;
(c) advise the M E C on developing, finalising, reviewing and amending the provincial coastal management p rogramme; 35
(d) p romote a co-ordinated, inclusive and integrated approach to coastal management within the province by providing a forum for, and promot ing, dialogue, co-operat ion and co-ordinat ion between the key organs of state and other persons involved in coastal management in the province:
(e) p romote the integration of coastal management concerns and object ives into 40 the plans, p rogrammes and policies of other organs of slate whose activities may have caused or may cause adverse effects on the coastal envi ronment ; and
(f) perform any function delegated to it.
Composi t ion of Provincial Coastal Commit tee s 45
40. ( I ) Subject to subsection (5). the M E C must de termine the composi t ion of the Provincial Coastal Commit tee , and in doing so must take account of the desirability of ensuring the representation on the Provincial Coastal Commi t t ee of organs of state and communi ty groups or bodies which have a material and direct interest in the conservat ion and management of the coast or the use of coastal resources including 50
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representat ives of government w h o play a significant role in under taking or regulat ing activities that may have an adverse impact on the coastal envi ronment .
(2) The M E C m u s t — (a) appoint persons to the Provincial Coastal Commi t tee w h o by virtue of the
office that they hold or their expertise are able to assist the Provincial Coastal 5 Commi t t ee in fulfilling ils functions; and
(b) when appointing persons in terms of paragraph (a), ensure that the Provincial Coastal Commi t tee inc ludes— (i) persons with expertise in fields relevant to coastal management ;
(ii) one or more members representing municipali t ies in the coastal zone; 10 (iii) one or more members representing communi ty based and non-govern­
ment organisations; and (iv) one or more members representing scientific or coastal research
institutes. (3) The M E C may, on the basis of the criteria referred to in subsect ions (1) and (2). 15
appoin t— (a) an alternate member for any member of the Provincial Coastal Commi t t ee :
and (b) a replacement for any member who vacates his or her office.
(4) The M E C must , with the consent of the M E C responsible for finance in the 20 province, determine the rate of remunerat ion and the a l lowances payable to any m e m b e r of the Provincial Coastal Commi t tee who is not an employee of an organ of state.
(5) The Director-General may appoint a member of the Depar tment to part icipate as a non-vot ing m e m b e r of a Provincial Coastal Commit tee and may appoint an alternate or replacement for any such member. 25
Vacation of office and terminat ion of m em bers h i p
41. (1) A member of a Provincial Coastal Commit tee vacates office if he or s h e — (a) becomes impaired to the extent that he or she is unable to carry out his or her
duties as a member of the Provincial Coastal Commi t t ee : (b) ceases to hold any office necessary for his or her appointment to the Provincial 30
Coastal Commi t t ee ; or (c) tenders his or her resignation and the M E C accepts it.
(2) The M E C may terminate membersh ip of the member of ihe Provincial Coastal Commit tee w h e r e —
(a) he or she fails to perform the duties of a member as required in terms of this 35 Act;
(b) he or she obstructs or impedes the Provincial Coastal Commi t t ee in the performance of its functions in terms of this Act;
(c) he or she brings the Provincial Coastal Commi t tee into d is repute : or (d) such termination is in the interest of the public. 40
Part 4
Municipal Coastal Committees
Establ i shment and functions of munic ipal coastal commit tees
42. (1) Each metropolitan municipali ty and each district municipal i ty that has jurisdict ion over any part of the coastal zone may establish a coastal commit tee for the 45 municipali ty and. subject to subsection (4), determine its powers .
(2) Any local municipali ty that has jurisdiction over any pari of the coastal zone may establish a coastal commit tee for the municipali ty and. subject to subsect ion (4). determine its powers , which may include the power to establish local subcommit tees of the municipal coastal commit tee . 50
(3) A municipal coastal commit tee contemplated in subsect ions ( I ) and (2) may inc lude—
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(a) persons with expertise in fields relevant to coastal management : and (b) representatives of the management authorities of coastal protected areas or
special management areas within the municipali ty; and (c) representatives of communi t ies or organisations with a particular interest in
contributing to effective coastal management , such as port authorit ies, organs 5 of state, persons whose l ivelihoods or businesses rely on the use of coastal resources, environmental interest groups and research organisat ions.
(4) A municipal coastal commit tee contemplated in subsect ions (1) and (2) m a y — (a) p romote integrated coastal management in the municipali ty and the co­
ordinated and effective implementat ion of this Act and the municipal coastal 10 management p rogramme:
(b) advise the municipal manager, the municipal council and the provincial coastal commit tee on matters concerning coastal management within the area of jurisdict ion of the municipal coastal commit tee ;
(c) advise the municipali ty on developing, finalising, reviewing and amending 15 the municipal coastal management p rogramme;
(el) promote a co-ordinated, inclusive and integrated approach lo coastal management within ihe municipali ty by providing a forum for, and promot ing, dialogue, co-operat ion and co-ordination between the key organs of stale and other persons involved in coastal management within its area of 20 jur isdict ion;
(e) promote the integration of coastal management concerns and object ives into the municipal i ty 's integrated development plan and spatial deve lopment f ramework and into other municipal plans, p rogrammes and policies that affect the coastal environment ; and 25
(f) perform any coastal governance function delegated to it.
Part 5
Voluntary Coastal Officers
Voluntary coastal officers
43 . ( I ) The M E C of a coastal province may appoint any member of the public w h o has 30 appropriate expertise as a voluntary coastal officer.
(2) A voluntary coastal officer must exercise the powers and perform the duties assigned to him or her by the M E C in a manner that conserves and protects coastal public property.
(3) The M E C mus t— 35 (a) prescribe the powers and duties of voluntary coastal officers; (b) clearly define the responsibili t ies and duties of each voluntary coastal officer
in his or her letter of appointment ; and (c) issue each voluntary coastal officer with an identity card that confirms his or
her appointment . 40 (4) A voluntary coastal officer who is exercis ing powers or performing functions in
terms of this Act must produce his or her identity card at the request of a m e m b e r of the public.
C H A P T E R 6
C O A S T A L M A N A G E M E N T 45
Part I
National coastal management programme
Preparation and adopt ion of national coastal m a n a g e m e n t p r o g r a m m e
44. (1) The Minis ter—
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(a) must within four years after this Act takes effect, prepare and adopt a national coastal management p rogramme for managing the coastal zone;
(b) must review the programme at least once every five years ; and (c) may, when necessary, amend the p rogramme.
(2) Before adopting a programme contemplated in subsection (\)(a), the Minister 5 must by notice in the Gazette invite members of the public to submit to the Minister, within 30 days of such notice, written representat ions on or object ions to the p rogramme.
(3) The Minister must, within 60 days of the adoption of the national coastal management p rogramme or of any substantial amendmen t to i t— 10
(a) give notice to the pub l i c— (i) of the adoption of the p rogramme; and
(ii) that copies of, or extracts from, the p rogramme are available for public inspection at specified places; and
(b) publicise a summary of the p rogramme. 15
Contents of national coastal m a n a g e m e n t p r o g r a m m e
45. (1) The national coastal management p rog ramme m u s t — (a) be a policy directive on integrated coastal management ; and (b) provide for an integrated, co-ordinated and uniform approach to coastal
management by organs of state in all spheres of government , non- 20 governmental organisations, the private sector and local communi t ies .
(2) The national coastal management p rog ramme must include the following components :
(a) A national vision for coastal management in the Republ ic , including the sustainable use of coastal resources; 25
(b) national coastal management objectives; (c) priorities and strategies to achieve those objectives; (d) performance indicators to measure progress with the achievement of those
objectives; (e) norms and standards for the management of— 30
(i) the coastal zone generally; (ii) the specific components of the coastal zone; and
(/) a framework for co-operative governance to implement measures concerning coastal management that— (i) identifies the responsibili t ies of different organs of state, including their 35
responsibili t ies in relation to marginalised or previously disadvantaged communi t ies that are dependent on coastal resources for their l ivelihood; and
(ii) facilitates co-ordinated and integrated coastal management .
Part 2 40
Provincial coastal management programmes
Preparat ion and adoption of provincial coastal m a n a g e m e n t p r o g r a m m e s
46. ( I ) The M E C of each coastal p rov ince— (a) must within four years of the commencemen t of this Act, prepare and adopt a
provincial coastal management p rogramme for managing the coastal zone in 45 the province;
(b) must review the programme at least once every five years; and (c) may. when necessary, amend the p rogramme.
(2) Before adopt ing a p rogramme contemplated in subsection (1 )(a). the M E C must by notice in the Gazette invite members of the public to submit to the M E C . within 30 50 days of such notice, written representations on or object ions to the p rogramme.
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(3) The M E C must, within 60 days of the adoption of the provincial coastal management p rogramme or of any substantial amendment to i t—
(a) give notice to the pub l i c— (i) of the adoption of the p rogramme; and
(ii) that copies of, or extracts from, the p rogramme are available for public 5 inspection at specified places; and
(b) publicise a summary of the p rogramme. (4) If the province has a provincial land development plan or an integrated
development plan, p rogramme or strategy, its coastal management p rog ramme may form part of that plan, p rogramme or strategy. 10
Contents of provincial coastal management p r o g r a m m e s
47. (1) A provincial coastal management p rogramme m u s t — (a) be a provincial policy directive for the management of the coastal zone in the
province; (b) provide for an integrated, coordinated and uniform approach to coastal 15
management in the province; and ([•) be consistent wi th—
(i) the national coastal management p rogramme; and (ii) the national estuarine management protocol .
(2) A provincial coastal management p rogramme must inc lude— 20 (a) a vision for the management of the coastal zone in the province, including the
sustainable use of coastal resources; (b) the coastal management objectives for the coastal zone in the province and for
specific parts of the coastal zone; (c) priorities and s t ra tegies— 25
(i) to achieve the coastal management objectives of the province ; (ii) to assist in the achievement of the national coastal management
objectives as applicable in the province; (iii) to develop estuarine management plans for estuaries in the province ; and
(d) performance indicators to measure progress with the achievement of those 30 objectives.
(3) A provincial coastal management p rogramme may include a p rogramme of projected expendi ture and investment by the provincial government in order lo implement the provincial coastal management p rogramme.
Part 3 35
Municipal coastal management programmes
Preparat ion and adopt ion of municipal coastal m a n a g e m e n t p r o g r a m m e s
48. ( I ) A coastal munic ipa l i ty— (a) must , within four years of the commencement of this Act, prepare and adopt
a municipal coastal management p rogramme for managing the coastal zone or 40 specific parts of the coastal zone in the municipal i ty;
(b) must review any programme adopted by it at least once every live years ; and (c) may, when necessary, amend the programme.
(2) Before adopt ing a p rogramme contemplated in subsection (\)(a), a municipal i ty must by notice in the Gazette invite members of the public to submit written 45 representat ions on or objections to the p rogramme in accordance with the procedure contemplated in Chapter 4 of the Municipal Systems Act.
(3) A municipali ty must, within 60 days of the adoption of the municipal coastal management p rogramme or of any substantial amendment to i t—
(a) give notice to the pub l i c— 50 (i) of the adoption of the programme; and
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(ii) thai copies of, or extracts from the p rogramme are available for public inspection at specified places; and
(b) publicise a summary of the p rogramme. (4) A municipali ty may prepare and adopt a coastal management p rog ramme as part
of an integrated development plan and spatial development framework adopted in 5 accordance with the Municipal Sys tems Act and if it does so, compl iance with the public participation requirements prescribed in terms of the Municipal Systems Act for the preparation and adoption of integrated development plans will be regarded as compl iance with public participation requirements in terms of this Act .
Contents of municipal coastal m a n a g e m e n t programmes 10
49. (1 ) A municipal coastal management p rogramme m u s t — (a) be a coherent municipal policy directive for the management of the coastal
zone within the jurisdiction of the municipal i ty; and (b) be consistent w i th—
(i) the national and provincial coastal management p rogrammes ; and 15 (ii) the national estuarine management protocol.
(2) A municipal coastal management p rogramme must inc lude— (a) a vision for the management of the coastal zone within the jurisdiction of the
municipality, including the sustainable use of coastal resources; (b) the coastal management objectives for the coastal zone within the jurisdict ion 20
of the municipal i ty; (c) priorities and s t ra tegies—
(i) to achieve the coastal management objectives of the municipal i ty; and (ii) to assist in the achievement of the national and provincial coastal
management objectives as may be applicable in the municipal i ty; 25 (iii) to address the high percentage of vacant plots and the low occupancy
levels of residential dwel l ings; (iv) to equitably designate zones as contemplated in section 56( l ) (a ) ( i ) for
the purposes of mixed cost housing and taking into account the needs of previously disadvantaged individuals; 30
(v) to address coastal erosion and accretion; and (vi) to deal with access issues.
(d) performance indicators to measure progress with the achievement of those objectives.
(3) A municipal coastal management p rogramme may inc lude— 35 (a) a p rogramme of projected expendi ture and investment by the municipali ty in
coastal management infrastructure or in order to implement any coastal management p rogramme;
(h) a description of specific areas within the coastal zone that require special coastal management , and management strategies for those areas; 40
(c) estuarine management plans; and (d) any other matter that may be prescribed.
By-laws
50. A municipali ty may administer its coastal management p rog ramme and may make by- laws to provide for the implementat ion, administration and enforcement of the 45 coastal management p rogramme.
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Part 4
Co-ordination and alignment of plans and coastal management programmes
Al ignment of certain plans with coastal m a n a g e m e n t p r o g r a m m e s
51. An environmental implementat ion or environmental management plan in terms of Chapter 3 of the National Environmenta l Management Act , an integrated deve lopment 5 plan in terms of the Municipal Systems Act and a provincial or municipal land development plan mus t—
(a) be al igned with the national coastal management p rog ramme and any applicable provincial coastal management p rogramme;
(b) contain those provisions of the national coastal management p rogramme and 10 any applicable provincial coastal management p rogramme that specifically applies to it; and
(c) g ive effect to the national coastal management p rog ramme and any applicable provincial coastal management p rogramme.
Ensur ing consistency between coastal m a n a g e m e n t p r o g r a m m e s and other 15 statutory plans
52. (1) For the purposes of this section, "statutory p l a n " means a plan, policy or p rogramme adopted by an organ of state that may affect coastal management , and without limitation, may inc lude—
(a) an environmental implementat ion or envi ronmenta l management plan pre- 20 pared in terms of Chapter 3 of the National Environmental Managemen t Act;
(b) an integrated development plan adopted by a municipali ty in terms of the Municipal Systems Act;
(c) the national biodiversity framework referred to in section 38 of the Biodiversity Act and a bioregional plan prepared in terms of that Act; 25
(d) a provincial or municipal land development plan; (e) a provincial strategic policy and plan concerned with promot ing sustainable
deve lopment : and (/) the national estuarine management protocol.
(2) The Minister must ensure that there is consistency between the national coastal 30 managemenl plan and other statutory plans adopted by a national organ of stale.
(3) The M E C must ensure thai there is consistency between the provincial coastal management plan and other statutory plans adopted by either a national or a provincial organ of state.
(4) Each municipali ty in the coastal zone must ensure that its integrated deve lopment 35 plan ( including its spatial development framework) is consistent with other statutory plans adopted by either a national or a provincial organ of state.
(5) If there is a conflict between the provisions of a coastal management p rogramme and the provisions of another statutory plan, the person responsible under subsect ions (2). (3) or (4) to ensure consistency must discuss the conflict with the organ of state 40 responsible for that statutory plan in order to resolve the conflict, failing which the conflict must be dealt with in accordance with Chapter 4 of the National Environmenta l Managemen t Act.
(6) Conflicts between a coastal management p rog ramme and other statutory plans must be resolved in a manner that best promotes the objects of this Act. 45
(7) Once the parties referred to in subsection (5) have resolved the conflict they must make appropriate amendments to one or more of such conflicting plans.
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PartS
Public participation
Consultat ion and public participation
53. (1) Before exercis ing a power, which this Act requires to be exercised in accordance with this section, the Minister, M E C , municipali ty or other person 5 exercising that power mus t—
(a) consult with all Ministers , M E C s or municipali t ies whose areas of responsibil i t ies will be affected by the exercise of the powers in accordance with the principles of co-operat ive governance as set out in Chapter 3 of the Const i tut ion; 10
(b) publish or broadcast his or her intention to do so in a manner that is reasonably likely to bring it to the attention of the public; and
(c) by notice in the Gazette— (i) invite member s of the public to submit, within no less than 30 days of
such notice, written representat ions or objections to the proposed 15 exercise of power ; and
(ii) contain sufficient information to enable members of the public to submit representat ions or objections.
Part 6
Review of coastal management programmes 20
Powers of Minister to review coastal m a n a g e m e n t p r o g r a m m e s
54. (1) The Minister may at any time review any provincial coastal management p rogramme.
(2) The Minister must , in reviewing the provincial coastal management p rogramme, determine whether or not it— 25
(a) meets the requirements specified in section 47 ; (h) is consistent with the national coastal management p rog ramme; (c) gives adequate protection to coastal public property; and (d) provides an appropriate policy framework for establ ishing an effective and
efficient system of coastal management . 30 (3) If the Minis ter bel ieves that a provincial coastal management p rog ramme does not
meet all the criteria referred to in subsection (2). the Minister must by notice to the M E C of the province concerned, require the M E C to amend or replace the provincial coastal management p rog ramme wilhin a reasonable period, which must be specified in the notice. 35
(4) An M E C w h o receives a notice in terms of subsection (3) must amend or replace the provincial coastal management p rogramme by following the same procedure used to prepare and adopt it in terms of this Act. except that the new or amended coastal management p rogramme may not be finally adopted without the consent of the Minister.
(5) (a) The Minister may request an M E C to review a municipal coastal management 40 p rog ramme under section 55 .
(b) If the M E C is unable or unwill ing to review the municipal coastal management p rogramme within a reasonable period, the Minis ter may do so. in which case section 55 applies with the necessary changes .
Review of munic ipal coastal m a n a g e m e n t p r o g r a m m e s 45
55. (1) The M E C may at any time review a municipal coastal management p rogramme.
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(2) The M E C must, in reviewing the municipal coastal management p rogramme, determine whether or not it—
(a) meets the requirements specified in section 49; (b) is consistent with the national and the provincial coastal management
p rogrammes ; 5 (c) g ives adequate protection lo coastal public property; and (d) was prepared in a manner that a l lowed for effective participation by interested
and affected parties. (3) If, after considering the advice of the Provincial Coastal Commi t t ee , the M E C
believes that a municipal coastal management p rog ramme does not meet all the criteria 10 referred to in subsection (2), the M E C must , by notice to the municipali ty concerned, require the municipali ty to amend or replace the municipal coastal management p rogramme within a reasonable period, which must be specified in the notice.
(4) A municipali ty that receives a notice in terms of subsection (3), must amend or replace the municipal coastal management p rog ramme by following the same procedure 15 used to prepare and adopt it in terms of this Act except that the new or amended coastal management p rogramme may not be finally adopted without the consent of the M E C .
Part 7
Coastal planning schemes
Planning schemes for areas within coastal zone 20
56. (1) A coastal planning scheme is a scheme that facilitates the at tainment of coastal management objectives b y —
(a) defining areas within the coastal zone or coastal management area which m a y — (i) be used exclusively or mainly for specified purposes or activit ies: or 25
(ii) not be used for specified purposes or activities; and (b) prohibit ing or restricting activities or uses of areas that do not comply with the
rules of the scheme. (2) A coastal planning scheme mus t—
(a) be eslablished by notice in the Gazette; 30 (b) be consistent wi th—
(i) this Act; (ii) the national coastal management p rogramme;
(iii) the applicable provincial coastal management p rog ramme: and (iv) any estuarine management plan appl icable in the area; and 35
(c) lake into account any other applicable coastal management p rogrammes . (3) A coastal planning scheme may be established and implemented for an area within
the coastal zone b y — (a) the Minister, after consultat ion with the M E C and with any authority that is
responsible for managing an area to which the planning scheme applies, if the 40 planning scheme applies t o — (i) an area of coastal public property and is established to protect and control
the use of marine living resources or to implement national norms or standards', or
(ii) an area of the coastal zone that straddles the border be tween two 45 provinces, or adjoins or s traddles the borders of the Republ ic of South Africa;
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(b) the person in which the authority to manage a coastal protected area is vested, if the planning scheme only applies within that protected area;
(c) the M E C , after consultation with the Minis ter and any authority that is responsible for managing an area to which the p lanning scheme applies, if the planning scheme is not one referred to in paragraph (a) ar(b) and applies to an 5 area of the coastal zone within the province;
(d) the municipali ty, in consultation with the M E C and after consultat ion with any authority that is responsible for manag ing an area to which the p lanning scheme applies, if the planning scheme is not one referred to in paragraphs (a) or (b) and applies to an area falling within its jur isdic t ion; and 10
(e) the management authority of a special management area, in consultat ion with the M E C and after consultation with the municipali ty, if the planning scheme only applies within that management area.
(4) A coastal planning scheme established b y — (a) the Minister takes precedence over any other coastal planning scheme: 15 (b) the person in which the authority to manage a coastal protected area is vested,
takes precedence within that protected area over any other coastal planning scheme except one established by the Minister ;
(c) an M E C takes precedence over any other coastal planning scheme except one established by the Minister or the management authority for a coastal 20 protected area; or
(d) a municipali ty takes precedence over any other coastal planning scheme except one established by the Minister or the M E C , or establ ished within a coastal protected area by the management authority for that protected area.
(5) A coastal planning scheme may only be established with the consent of— 25 (a) the Minister, if the scheme applies to an area thai extends into the sea further
than 500 metres from the high-water mark or affects the protection or use of marine living resources: or
(b) the Minister of Transport , if the s c h e m e — (i) affects the navigation of vessels on the sea; or 30
(ii) restricts vessels entering or leaving a harbour. (6) A coastal planning scheme may not create any rights to use land or coastal waters .
Coastal p lanning and land use schemes of municipal i t ies
57. (1) Subject to section 56(5), a coastal planning scheme of a municipali ty may form, and be enforced as part of, any land use scheme adopted by the municipali ty. 35
(2) (a) A municipality may not adopt a land use scheme that is inconsistent with a coastal planning scheme established in terms of this Act.
(b) If there is a conflict between a municipal land use scheme established after the commencemen t of this Act and a coastal planning scheme made in terms of this Act . the coastal planning scheme shall prevail. 40
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C H A P T E R 7
P R O T E C T I O N OF C O A S T A L E N V I R O N M E N T
Part 1
Assessing, avoiding and minimising adverse effects
Duty to avoid causing adverse effects on coastal env ironment 5
58. ( I ) (a) Section 28 of the National Environmenta l Managemen t Act applies, subject to the necessary changes , to any impact caused by any person and that has an adverse effect on the coastal environment .
(b) For the purposes of the application of section 28 a reference in that section t o — (i) "significant pollution or degradation of the e n v i r o n m e n t " must be read as 10
including an adverse effect on the coastal envi ronment ; (ii) " e n v i r o n m e n t " must be read as including the coastal envi ronment ; and
(iii) "envi ronmenta l management p l an" must be read as including a coastal management p rogramme applicable in the area concerned.
(2) For the purposes of subsection ( 1 ) — 15 (a) the Minis ter may, by notice in the Gazette, determine thai an impact or activity
described in the notice must be presumed, until the contrary is proved, to result in an adverse effect; and
(b) the persons lo whom section 28(1) and (2) of the National Environmenta l Management Act applies must be regarded as inc lud ing— 20 (i) a user of coastal public property;
(ii) the owner, occupier, person in control of or user of land or premises on which an activity thai caused or is likely to cause an adverse effect occurred, is occurring or is planned;
(iii) the owner or person in charge of a vessel , aircraft, platform or structure 25 at sea, or the owner or driver of a vehicle, in respect of which any activity thai caused or is likely to cause an adverse effect occurred, is occurr ing or is planned;
(iv) the operator of a pipeline that ends in the coastal zone: or (v) any person who produced or discharged a substance which caused, is 30
causing or is likely to cause, an adverse effect.
Coastal protection notice and coastal access notice
59. (1 ) If the Minister has reason to believe that a person is carrying out, or intends to carry out, an activity that is having, or is likely to have, an adverse effect on the coastal environment then, subject to subsection (2), he or she may issue a written coastal 35 protection notice to the person responsible for that act ivi ty—
(a) prohibit ing the activity if it is not already prohibited in terms of this Act : and (b) instructing that pe r son—
(i) to take appropriate steps in terms of this Act or any other appl icable legislation lo protect the environment ; 40
(ii) to investigate and evaluate the impact of an activity on an aspect of the coastal envi ronment in accordance with Chapter 5 of the Nat ional Environmenta l Management Acl; or
(iii) lo stop or postpone the activity for a reasonable period to allow for the investigation to be carried out and for the Minis ter or M E C to evaluate 45 the report.
(2) Before exercising a power to issue a coastal protection notice under subsect ion (1). the Minister m u s t —
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(a) consult with any other organ of state that authorised, or is competen t to authorise, the undertaking of the activity or proposed activity concerned; and
(b) give the person to whom the coastal protection notice is to be addressed, an opportunity of making representat ions.
(3) Notwiths tanding section 87, the power of the Minister to issue a coastal protection 5 notice in terms of subsection (1) may only be delegated t o —
(a) the M E C . who may subdelegate this power to a municipali ty in that province; or
(b) an official in the Depar tment . (4) A coastal protection notice in terms of subsection ( 1 ) — 10
(a) must s ta te— (i) the reasons for the notice:
(ii) the period within which anything required by the notice must be carried out: and
(ii) that the person to whom it is addressed may appeal against ihe notice in 15 terms of Chapter 9:
(b) may instruct the person to whom it is addressed, among other m a t t e r s — (i) to build, maintain or demol ish any specified works;
(ii) to close a public access or prevent unauthorised access to coastal public properly at a specified place; 20
(iii) to plant, cult ivate, preserve or stop damaging indigenous vegetat ion at a specified place;
(iv) to stop altering the geographical features of land at a specified place; (v) to build or maintain any specified works at a specified place to protect
land from wind erosion; 25 (vi) to rehabilitate land at a specified place;
(vii) to remove stock from land; or (viii) to take measures to protecl indigenous fauna.
(5) If the Minister has reason to believe that a person is carrying out, or intends to carry out. an activity that is having, or is likely to have, an adverse effect on the rights 30 of natural persons to gain access to. use and enjoy coastal public property, the Minis ter may issue a written coastal access notice to that pe r son—
(a) prohibit ing the activity if it is not already prohibited in terms of this Act; and (b) instructing that person to take appropriate steps in terms of this Act or any
other applicable legislation to allow natural persons access to the coastal 35 public properly.
(6) When issuing a notice contemplated in subsection (5), subsect ions (2), (3) and (4) apply with the necessary changes .
Repair or removal of structures within coastal zone
60. (1) The Minister or M E C . may issue a written repair or removal notice to any 40 person responsible for a structure on or within the coastal zone if that s t ruc ture—
(a) is having or is likely to have an adverse effect on the coastal envi ronment by virtue of its existence, because of its condit ion or because il has been abandoned; or
(h) has been erected, constructed or upgraded in contravent ion of this Act or any 45 other law.
(2) Before exercising a power to issue a repair and removal notice under subsect ion (1) . the Minister or M E C mus t—
(a) consult with any other organ of stale that authorised or is competen t to authorise the undertaking of the activity or proposed activity concerned: and 50
(b) give the person to whom the repair and removal notice is to be addressed an opportunity to make representat ions.
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(3) Notwi ths tanding section 89 the poweinstead of issuing a notice in accordance with subsection (4)r of the Minister to issue a repair and removal notice in terms of subsection ( I ) may only be delegated t o —
(a) the M E C w h o may subdelegate this power to a municipali ty in that province; or 5
(b) an official in the relevant depar tment . (4) A repair and removal notice in terms of subsection ( 1 ) —
(a) must s ta te— (i) the reasons for the notice; and
(ii) that the person to whom it is addressed may appeal against the notice in 10 terms of Chapter 9; and
(b) may instruct the person responsible for the s t ruc ture— (i) to remove the structure from the coastal zone or place where it is situated
within a specified period; (ii) to rehabilitate the site and as far as is reasonable , to restore it to a natural 15
state; (iii) to repair the structure to the satisfaction of the Minister or the M E C
within the time stated in the notice; or (iv) to take any other appropriate steps in terms of this Act or any other
applicable legislation to secure the removal or repair of the structure. 20 (5) If a person responsible for a structure referred to in subsection (1) cannot readily
be found, the Minister or the M E C . instead of issuing a notice in accordance with subsection (4), m a y —
(a) publish a notice that compl ies with the provis ions of subsect ion (2) once in the Gazette and once a week for two consecut ive weeks in a newspaper 25 circulating in the area in which the structure in quest ion is situated; and
(b) affix a copy of the notice to the structure in quest ion dur ing the period of advert isement .
Failure to comply with certain notices
61 . If a person fails lo comply with a notice issued in terms of section 59( I) or (5) or 30 section 60(1) which requires that person to carry out any specific action, or if the person responsible is not identified after publication of a notice in terms of section 60(5) . the Minister or the M E C who issued the notice may instruct appropria te persons t o —
(a) carry out what is required by the notice; and (b) recover from the person lo whom the notice was addressed, or in the 35
c i rcumstances referred lo in section 60(4) from any person subsequent ly found lo be responsible for the structure, the costs reasonably incurred in carrying out the required action.
Part 2
Regulation of coastal zone 40
Implementat ion of land use legislation in coastal protect ion zone
62. (1) An organ of state that is responsible for implement ing national, provincial or municipal legislation that regulates the planning or development of land must , in a manner that conforms to the principles of co-operat ive governance contained in Chapte r 3 of the Const i tut ion, apply that legislation in relation to land in the coastal protection 45 zone in a way that gives effect to the purposes for which the protect ion zone is established as set out in section 17.
(2) An organ of state may not authorise land within the coastal protection zone lo be used for any activity that may have an adverse effect on the coastal envi ronment without first consider ing an environmental impact assessment report. 50
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Part 3
En vironmental authorisations
Environmental authorisat ions for coastal activities
63 . ( I ) Where an environmental authorisation in terms of Chapter 5 of the National Environmental Management Act is required for coastal activit ies, the competent 5 authority must take into account all relevant factors, inc lud ing—
(a) the representat ions made by the applicant and by interested and affected parties;
(b) the extent to which the applicant has in the past compl ied with similar authorisat ions; 10
(c) whether coastal public property, the coastal protection zone or coastal access land will be affected, and if so, the extent to which the proposed development or activity is consistent with the purpose for establ ishing and protecting those areas;
(d) the estuarine management plans, coastal management p rog rammes and 15 coastal management objectives applicable in the area;
(e) the socio-economic impact if the act ivi ty— (i) is authorised;
(ii) is not authorised; (f) the likely impact of the proposed activity on the coastal envi ronment . 20
including the cumulat ive effect of its impact together with those of exist ing activities;
(g) the likely impact of coastal environmental processes on the proposed activity; and
(h) the objects of this Act, where applicable. 25 (2) The competent authority may not issue an environmental authorisat ion if the
development or activity for which authorisation is sought— (a) is situated within coastal public property and is inconsistent with ihe objective
of conserving and enhancing coastal public property for the benefit of current and future generat ions; 30
(b) is situated within the coastal protection zone and is inconsistent with the pur­ pose for which a coastal protection zone is established as set out in section 17;
(c) is situated within coastal access land and is inconsistent with the purpose for which coastal access land is designated as set out in section 18;
(d) is likely to cause irreversible or long-lasting adverse effects to any aspect of 35 the coastal environment that cannot satisfactorily be mit igated;
(e) is likely to be significantly damaged or prejudiced by dynamic coastal processes ;
if) would substantially prejudice the achievement of any coastal managemen t objective: or 40
(g) would be contrary to the interests of the whole communi ty . (3) Notwi ths tanding subsection (2). the competent authority may issue an environ­
mental authorisation in respect of an activity or a development that does not meet the criteria referred to in subsection (2)(a). (b) or (c) if—
(a) ihe very nature of the proposed activity or deve lopment requires it to be 45 located within coastal public property, the coastal protection zone or coastal access land; or
(b) the proposed activity or development will provide important services to the public when using coastal public property, the coastal protection zone, coastal access land or a coastal protected area. 50
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(4) If an application for an environmental authorisation cannot be approved by the competent authority because of a provision of subsection (2), but the competent authority believes that issuing the authorisation would be in the public interest, the competent authority may refer the application for considerat ion by the Minister in terms of section 64. 5
(5) The competent authority must ensure that the terms and condi t ions of any environmental authorisation are consistent with any applicable coastal management p rogrammes and promote the at tainment of coastal management object ives in the area concerned.
(6) Where an environmental authorisat ion is not required for coastal activit ies, the 10 Minister may, by notice in the Gazette list such activities requiring a permit or l icence.
Minister may grant environmental authorisat ion in interests of whole communi ty
64. (1) If an application for an environmental authorisation is referred to the Minis ter in terms of section 63(4) the Minister may, after consultat ion with the M E C of the relevant province, issue or authorise the other relevant competent authority to issue the 15 environmental authorisat ion—
(a) if the activity for which the environmental authorisation is required is overwhelmingly in the interests of the whole communi ty despite the adverse effect it is likely to cause to the coastal zone; and
(b) on condition that any irreversible or long-lasting adverse effects must be 20 mitigated as far as is reasonably possible.
(2) Before deciding the application, the Minister may require the applicant lo furnish additional information, including the results of any further studies undertaken.
Part 4
Coastal leases and coastal concessions on coastal public property 25
Award of leases and concessions on coastal public property
65. (1) Subject lo sections 67 and 95 , no person may occupy any part of, or site on. or construct or erect any building, road, barrier or structure on or in. coastal public properly except under and in accordance with a coastal lease awarded by the Minis ter in terms of this Chapter. 30
(2) Subject to section 95 , no person may claim an exclusive right to use or exploit any specific coastal resource in any part of. or that is der ived from, coastal public properly unless he or s h e —
(a) is empowered by national legislation to do so; or (b) is authorised to do so in terms of— 35
(i) a coastal concession awarded by the Minister in terms of this Chapter ; or (ii) an authorisation issued under the Mar ine Living Resources Act.
(3) A coastal lease or coastal concession may be awarded by the Minis ter e i ther— (a) on application by a person; or (b) if the Minister so determines in any specific case, through a prescribed bid 40
process. (4) An application for a coastal lease or coastal concession must be lodged in the
prescribed manner. (5) A coastal lease or coastal concession awarded in terms of this Chapter does not
relieve the lessee or concessionaire from the obligation t o — 45
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(a) obtain any other authorisation that may be required in terms of this Act or other legislation; or
(h) comply with any other legislation.
Terms of coastal leases and coastal concess ions
66. ( I ) A coastal lease or coastal concess ion— 5 (a) must be awarded for a fixed period of t ime of not more than 20 years ; (b) is subject to any prescribed condit ions or as may be determined by the
Minister in any specific case; and (c) must provide for the payment by the lessee or concessionaire of a reasonable
rent. 10 (2) A coastal lease or coastal concession on land that is partially or completely
submerged by coastal waters may authorise the lessee to use the water either exclusively or for specified purposes.
Part 5
General provisions 15
Temporary occupat ion of land within coastal zone
67. (1) Subject to the Expropriat ion Act, 1975 (Act No . 63 of 1975). the Minis ter may direct that land within the coastal zone be temporari ly occupied to build, maintain or repair works to implement a coastal management p rogramme, or to respond to pollution incidents or emergency situations, and may for this pu rpose— 20
(a) take from the land stone, gravel, sand, earth or other material ; (b) deposit materials on it; and (c) construct and use temporary works on it, including roads.
(2) Notwi ths tanding section 89, the powers of the Minis ter in terms of subsection (1) may be delegated t o — 25
(a) the M E C , who may subdelegate this power to a municipal i ty in that province; or
(b) an official in that Department . (3) If the land is private property, the Minister or the M E C , acting in terms of
subsection (1), must, before the land is occupied, give the occupier and the owner of the 30 land reasonable notice, in writing, of the intention to occupy and the purpose of the occupat ion.
A m e n d m e n t , revocation, suspension or cancel lat ion of authorisat ions
68. (1) An issuing authority may amend, revoke, suspend or cancel an authorisation issued in terms of this Act. if— 35
(a) the holder of the authorisation contravenes or fails to comply with a condit ion subject to which the authorisation was issued;
(b) it is in conflict with a coastal management p rog ramme or will significantly prejudice the attainment of a coastal management object ive;
(c) changes in c i rcumstances require such amendment , revocat ion, suspension or 40 cancellat ion: or
(d) it is necessary to meet the Republ ic ' s international obl igat ions. (2) An issuing authority must by written notice delivered to the holder of the
authorisat ion, or sent by registered post to the holder ' s last known address, request the holder to make written representations within a period of 30 days from the date of the 45 notice as to why the authorisation should not be amended , revoked, suspended or cancel led, as the case may be.
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(3) After the expiry of the period referred to in subsection (2) the issuing authority must consider the matter in the light of all relevant c i rcumstances , including any representat ions made by the holder, and m a y —
(a) revoke the authorisat ion; (b) suspend the authorisation for a period determined by the issuing authority; 5 (c) cancel the authorisation from a date determined by the issuing authori ty; (d) alter the terms or condit ions of the authorisation; or (e) decide not to amend, revoke, suspend or cancel the authorisat ion.
(4) Notwi ths tanding subsect ions (2) and (3), the issuing authority may, whenever it is in the interests of the promotion, protection or utilisation on a sustainable basis of the 10 coastal zone, at any time by written notice to the holder of an authorisation amend , revoke, suspend or cancel the authorisation.
(5) If the issuing authority intends to exercise the powers under subsection (4), subsection (2) apply with the necessary changes .
(6) If the Minister or an issuing authority has reason to believe that it is urgently 15 necessary to exercise powers under subsections (1), (3) or (4) in order to protect the coastal environment or human health and well-being, the Minister or issuing authority may. by notice to the holder of an authorisation, temporari ly suspend the authorisat ion and then follow the procedure referred to in subsection (3).
(7) A competent authority, when exercising the power to amend, wi thdraw or suspend 20 an environmental authorisation in terms of the National Environmental M a n a g e m e n t Act, must consider the factors referred to in subsections (1), (4), (5) and (6) with the necessary changes .
C H A P T E R 8
M A R I N E A N D C O A S T A L P O L L U T I O N C O N T R O L 25
Discharge of effluent into coastal waters
69. (1) No person may discharge effluent that originates from a source on land into coastal waters except in lerms of a general authorisation contemplated in subsect ion (2) or a coastal waters discharge permit issued under this section by the Minister after consultat ion with ihe Minister responsible for water affairs in instances of discharge of 30 effluent into an estuary.
(2) The Minister may by notice in the Gazette authorise persons in general , or a category of persons, to discharge effluent into coastal waters, and in instances of discharge of effluent into an estuary, only after consultat ion with the Minister responsible for water affairs. 35
(3) Any person who wishes to discharge effluent into coastal waters in c i rcumstances that are not authorised under a general authorisation referred to in subsection (2) must apply to the Depar tment for a coastal waters discharge permit.
(4) Any person who at the commencemen t of this Act is discharging effluent into coastal waters and w h o is not authorised to do so in terms of a general authorisation 40 under subsection (2) must apply to the Department for a coastal waters discharge pe rmi t—
(a) within 24 months of the date of commencemen t of this Act if the discharge is in terms of a l icence or authorisation under the National Water Act; or
(b) within 36 months of the dale of c o m m e n c e m e n t of this Act if the discharge is 45 a continuation of an existing lawful water use within the mean ing of section 32 or 33 of the Nat ional Water Act.
(5) Unless a person referred to in subsection (4) is directed otherwise by a person
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acting in terms of this Act or the National Water Act, it is not an offence for that person to discharge effluent that originates from a source on land into coastal waters if—
(a) that person has made an application under subsection (4) but has not yet been notified whether the application has been granted or refused; or
(b) the applicable period referred to in subsection (4)