South Africa
National Environmental Management: Integrated Coastal Management Act, 2008
Act 24 of 2008
- Published in Government Gazette 31884 on 11 February 2009
- Assented to on 9 February 2009
- There are multiple commencements
- [This is the version of this document as it was from 11 February 2009 to 30 April 2015.]
Provisions | Status |
---|---|
Chapter 1 (section 1–6); Chapter 2, Part 1, section 7–10, section 12–15; Part 2 (section 16–17); Part 3 (section 18–20); Part 4 (section 21); Part 5 (section 22); Part 6 (section 23–24); Part 7 (section 25); Chapter 3 (section 26–32); Chapter 4 (section 33–34); Chapter 5 (section 35–43); Chapter 6 (section 44–57); Chapter 7, Part 1 (section 58–61); Part 2 (section 62); Part 3 (section 63–64); Part 4 (in part); Part 5 (section 67–68); Chapter 8 (section 69–73); Chapter 9 (section 74–78); Chapter 10 (section 79–82); Chapter 11 (section 83–94); Chapter 12, Part 1, section 97, section 99; Part 2 (section 100–101) |
commenced on 1 December 2009
by Proclamation R84 of 2009.
Note: Date of commencement of whole Act, except sections 11, 65, 66, 95, 96 and 98 |
Chapter 7, Part 4, section 65–66; Chapter 12, Part 1, section 95–96, section 98 |
commenced on 5 February 2016
by Proclamation 5 of 2016.
Note: Date of commencement of sections 65, 66, 95, 96 and 98 |
Chapter 2, Part 1, section 11 |
commenced on 7 February 2020
by Government Notice 93 of 2020.
Note: Date of commencement of section 11 |
Chapter 1
Interpretation, objects and application of Act
1. Definitions
2. Objects of Act
The objects of this Act are—3. State's duty to fulfil environmental rights in coastal environment
In fulfilling the rights contained in section 24 of the Constitution of the Republic of South Africa, the State—4. Application of Act
5. Application of National Environmental Management Act
6. Conflicts with other legislation
Chapter 2
Coastal zone
Part 1 – Coastal public property
7. Composition of coastal public property
Coastal public property consists of—8. Extending coastal public property
9. Acquisition of private land by State
10. Designation of state-owned land for certain purposes
11. Ownership of coastal public property
12. State public trustee of coastal public property
The State, in its capacity as the public trustee of all coastal public property, must—13. Access to coastal public property
14. Position of high-water mark
15. Measures affecting erosion and accretion
Part 2 – Coastal protection zone
16. Composition of coastal protection zone
17. Purpose of coastal protection zone
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 to—Part 3 – Coastal access land
18. Designation of coastal access land
19. Process for designating and withdrawing designation of coastal access land
Before designating land as coastal access land or withdrawing any such designation, a municipality must—20. Responsibilities of municipalities with regard to coastal access land
Part 4 – Coastal waters
21. Control and management of coastal waters
An organ of state that is legally responsible for controlling or managing any activity on or in coastal waters, must control and manage that activity—Part 5 – Coastal protected areas
22. Excision of protected areas from coastal protection zone
Part 6 – Special management areas
23. Declaration of special management areas
24. Management of special management areas
Part 7 – Coastal set-back lines
25. Establishment of coastal set-back lines
Chapter 3
Boundaries of coastal areas
26. Determination 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
When determining or adjusting a coastal boundary of coastal access land a municipality must take into account—30. Entry onto land
31. Marking coastal boundaries on zoning maps
If the Minister, an MEC or a municipality determines or adjusts a coastal boundary in accordance with section 26, a local municipality within whose area of jurisdiction the coastal boundary is situated must delineate that coastal boundary on a map 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 boundaries.32. Endorsements by Registrar of Deeds
Chapter 4
Estuaries
33. National estuarine management protocol
34. Estuarine management plan
Chapter 5
Institutional arrangements
Part I – National Coastal Committee
35. Establishment and functions of National Coastal Committee
36. Composition of National Coastal Committee
37. Vacation of office and termination of membership
Part 2 – Provincial lead agencies
38. Designation and functions of provincial lead agency
Part 3 – Provincial Coastal Committees
39. Establishment and functions of Provincial Coastal Committees
40. Composition of Provincial Coastal Committees
41. Vacation of office and termination of membership
Part 4 – Municipal Coastal Committees
42. Establishment and functions of municipal coastal committees
Part 5 – Voluntary coastal officers
43. Voluntary coastal officers
Chapter 6
Coastal management
Part 1 – National coastal management programme
44. Preparation and adoption of national coastal management programme
45. Contents of national coastal management programme
Part 2 – Provincial coastal management programmes
46. Preparation and adoption of provincial coastal management programmes
47. Contents of provincial coastal management programmes
Part 3 – Municipal coastal management programmes
48. Preparation and adoption of municipal coastal management programmes
49. Contents of municipal coastal management programmes
50. By-laws
A municipality may administer its coastal management programme and may make by-laws to provide for the implementation, administration and enforcement of the coastal management programme.Part 4 – Co-ordination and alignment of plans and coastal management programmes
51. Alignment of certain plans with coastal management programmes
An environmental implementation or environmental management plan in terms of Chapter 3 of the National Environmental Management Act, an integrated development plan in terms of the Municipal Systems Act and a provincial or municipal land development plan must—52. Ensuring consistency between coastal management programmes and other statutory plans
Part 5 – Public participation
53. Consultation and public participation
Part 6 – Review of coastal management programmes
54. Powers of Minister to review coastal management programmes
55. Review of municipal coastal management programmes
Part 7 – Coastal planning schemes
56. Planning schemes for areas within coastal zone
57. Coastal planning and land use schemes of municipalities
Chapter 7
Protection of coastal environment
Part 1 – Assessing, avoiding and minimising adverse effects
58. Duty to avoid causing adverse effects on coastal environment
59. Coastal protection notice and coastal access notice
60. Repair or removal of structures within coastal zone
61. Failure to comply with certain notices
If a person fails to comply with a notice issued in terms of section 59(1) or (5) or 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 MEC who issued the notice may instruct appropriate persons to—Part 2 – Regulation of coastal zone
62. Implementation of land use legislation in coastal protection zone
Part 3 – Environmental authorisations
63. Environmental authorisations for coastal activities
64. Minister may grant environmental authorisation in interests of whole community
Part 4 – Coastal leases and coastal concessions on coastal public property
65. Award of leases and concessions on coastal public property
66. Terms of coastal leases and coastal concessions
Part 5 – General provisions
67. Temporary occupation of land within coastal zone
68. Amendment, revocation, suspension or cancellation of authorisations
Chapter 8
Marine and coastal pollution control
69. Discharge of effluent into coastal waters
70. Prohibition of incineration or dumping at sea
71. Dumping permits
72. Emergency dumping at sea
73. National action list
Chapter 9
Appeals
74. Appeals
75. Advisory appeal panel
76. Interim orders by Minister or MEC
77. Proceedings of advisory appeal panel
78. Determination of appeal by Minister or MEC
Chapter 10
Enforcement
79. Offences
80. Penalties
81. Jurisdiction of courts
If a person is charged with the commission of an offence in terms of this Act on, in or above coastal waters, a court whose area of jurisdiction abuts on the coastal waters has jurisdiction in the prosecution of the offence.82. Actions in relation to coastal zone
The Minister, an MEC or a municipality concerned may—Chapter 11
General powers and duties
Part 1 – Regulations
83. Regulations by Minister
84. Regulations by MECs
85. General provisions applicable to regulations
86. Amendment of Schedule 2
The Minister may by notice in the Gazette amend Schedule 2 so as to ensure that it continues to give effect to the Republic's obligations under international law.Part 2 – Powers to be exercised by Minister and MEC
87. Powers to be exercised by Minister
88. Directives by MEC to municipalities
Part 3 – Delegations and enforcement
89. Delegation by Minister
90. Enforcement by Minister
91. Delegation by MECs
Part 4 – General matters
92. Urgent action by Minister
93. Information and reporting on coastal matters
94. Co-ordination of actions between provinces and municipalities
The MEC must—Chapter 12
Miscellaneous matters
Part 1 – Transitional provisions
95. Existing leases on, or rights to, coastal public property
96. Unlawful structures on coastal public property
97. Existing lawful activities in coastal zone
98. Repeal of legislation
The laws referred to in Schedule 1 are hereby repealed to the extent indicated in the third column of that Schedule.99. Savings
Part 2 – General
100. Limitation of liability
Neither the State nor any other person is liable for any damage or loss caused by—101. Short title
This Act is called the National Environmental Management: Integrated Coastal Management Act, 2007, and takes effect on a date or dates determined by the President by proclamation in the Gazette,History of this document
30 June 2023 amendment not yet applied
07 February 2020
Commenced by
National Environmental Management: Integrated Coastal Management Act, 2008: Commencement
Note: Date of commencement of section 11
05 February 2016
Commenced by
National Environmental Management: Integrated Coastal Management Act, 2008: Commencement
Note: Date of commencement of sections 65, 66, 95, 96 and 98
01 May 2015 amendment not yet applied
01 December 2009
Commenced by
National Environmental Management: Integrated Coastal Management Act, 2008: Commencement
Note: Date of commencement of whole Act, except sections 11, 65, 66, 95, 96 and 98
11 February 2009 this version
09 February 2009
Assented to
Subsidiary legislation
Title | Numbered title |
---|---|
Integrated Coastal Management Appeal Regulations, 2016 | Government Notice R815 of 2016 |
Cited documents 9
Legislation 9
- Constitution of the Republic of South Africa, 1996
- Deeds Registries Act, 1937
- Local Government: Municipal Structures Act, 1998
- Local Government: Municipal Systems Act, 2000
- Marine Living Resources Act, 1998
- National Environmental Management Act, 1998
- National Environmental Management: Protected Areas Act, 2003
- National Water Act, 1998
- Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998
Documents citing this one 190
Gazette 165
- Eastern Cape Provincial Gazette dated 2014-01-31 number 3071
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- Eastern Cape Provincial Gazette dated 2015-11-16 number 3549
- Eastern Cape Provincial Gazette dated 2016-02-01 number 3584
- Eastern Cape Provincial Gazette dated 2016-12-19 number 3777
- Eastern Cape Provincial Gazette dated 2019-07-22 number 4273
- Eastern Cape Provincial Gazette dated 2019-11-11 number 4343
- Eastern Cape Provincial Gazette dated 2021-03-08 number 4519
- Eastern Cape Provincial Gazette dated 2022-02-07 number 4681
- Eastern Cape Provincial Gazette dated 2022-05-02 number 4731
- Eastern Cape Provincial Gazette dated 2022-09-05 number 4801
- Eastern Cape Provincial Gazette dated 2023-09-11 number 4981
- Gauteng Provincial Gazette dated 2016-09-14 number 294
- KwaZulu-Natal Provincial Gazette dated 2013-03-07 number 910
- KwaZulu-Natal Provincial Gazette dated 2014-06-27 number 1173
- KwaZulu-Natal Provincial Gazette dated 2015-06-18 number 1379
- KwaZulu-Natal Provincial Gazette dated 2015-10-12 number 1523
- KwaZulu-Natal Provincial Gazette dated 2016-02-11 number 1603
- KwaZulu-Natal Provincial Gazette dated 2016-03-31 number 1647
- KwaZulu-Natal Provincial Gazette dated 2016-08-25 number 1722
- KwaZulu-Natal Provincial Gazette dated 2017-12-21 number 1910
- KwaZulu-Natal Provincial Gazette dated 2018-03-29 number 1939
- KwaZulu-Natal Provincial Gazette dated 2019-02-28 number 2051
- KwaZulu-Natal Provincial Gazette dated 2019-03-28 number 2062
- KwaZulu-Natal Provincial Gazette dated 2019-04-25 number 2071
- KwaZulu-Natal Provincial Gazette dated 2019-10-03 number 2123
- KwaZulu-Natal Provincial Gazette dated 2020-02-13 number 2165
- KwaZulu-Natal Provincial Gazette dated 2020-06-04 number 2186
- KwaZulu-Natal Provincial Gazette dated 2020-08-13 number 2203
- KwaZulu-Natal Provincial Gazette dated 2020-10-15 number 2232
- KwaZulu-Natal Provincial Gazette dated 2021-10-14 number 2328
- KwaZulu-Natal Provincial Gazette dated 2023-08-24 number 2584
- Northern Cape Provincial Gazette dated 2015-11-20 number 1972
- Northern Cape Provincial Gazette dated 2017-05-15 number 2094
- South Africa Government Gazette Legal Notices A dated 2017-09-22 number 41129 part 1
- South Africa Government Gazette Regulation Gazette dated 2014-06-27 number 37761
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- South Africa Government Gazette Regulation Gazette dated 2016-02-17 number 39705
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- South Africa Government Gazette Regulation Gazette dated 2016-12-19 number 40511
- South Africa Government Gazette Regulation Gazette dated 2017-02-24 number 40638
- South Africa Government Gazette Regulation Gazette dated 2017-03-10 number 40674
- South Africa Government Gazette Regulation Gazette dated 2017-05-30 number 40876
- South Africa Government Gazette Regulation Gazette dated 2018-03-09 number 41489
- South Africa Government Gazette Regulation Gazette dated 2019-05-23 number 42479 part 1
- South Africa Government Gazette Regulation Gazette dated 2021-01-11 number 44066
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- South Africa Government Gazette dated 2015-10-16 number 39297
- South Africa Government Gazette dated 2015-10-30 number 39343
- South Africa Government Gazette dated 2015-10-30 number 39347 part 1
- South Africa Government Gazette dated 2015-11-06 number 39379
- South Africa Government Gazette dated 2015-11-16 number 39417 part 1
- South Africa Government Gazette dated 2016-02-05 number 39657
- South Africa Government Gazette dated 2016-05-06 number 39971
- South Africa Government Gazette dated 2016-05-19 number 39998
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- South Africa Government Gazette dated 2017-03-24 number 40711 part 1
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- South Africa Government Gazette dated 2017-04-07 number 40772 part 1
- South Africa Government Gazette dated 2017-07-21 number 40996 part 1
- South Africa Government Gazette dated 2017-09-08 number 41100 part 1
- South Africa Government Gazette dated 2018-02-16 number 41445 part 1
- South Africa Government Gazette dated 2018-10-19 number 41982 part 1
- South Africa Government Gazette dated 2018-10-26 number 41996 part 1
- South Africa Government Gazette dated 2019-03-15 number 42310
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- South Africa Government Gazette dated 2020-02-07 number 42999 part 1
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- South Africa Government Gazette dated 2021-03-05 number 44229 part 1
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- South Africa Government Gazette dated 2021-08-13 number 44981 part 1
- South Africa Government Gazette dated 2022-06-24 number 46602
- South Africa Government Gazette dated 2022-07-15 number 47019
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- Western Cape Provincial Gazette dated 2014-12-12 number 7339
- Western Cape Provincial Gazette dated 2015-02-04 number 7349
- Western Cape Provincial Gazette dated 2015-02-16 number 7353
- Western Cape Provincial Gazette dated 2015-06-26 number 7412
- Western Cape Provincial Gazette dated 2015-10-02 number 7502
- Western Cape Provincial Gazette dated 2016-06-15 number 7633
- Western Cape Provincial Gazette dated 2016-07-20 number 7653
- Western Cape Provincial Gazette dated 2016-08-19 number 7663
- Western Cape Provincial Gazette dated 2017-03-03 number 7741
- Western Cape Provincial Gazette dated 2017-08-11 number 7806
- Western Cape Provincial Gazette dated 2018-03-06 number 7891
- Western Cape Provincial Gazette dated 2018-03-06 number 7892
- Western Cape Provincial Gazette dated 2018-07-13 number 7958
- Western Cape Provincial Gazette dated 2018-09-12 number 7978
- Western Cape Provincial Gazette dated 2018-09-14 number 7980
- Western Cape Provincial Gazette dated 2018-09-28 number 7984
- Western Cape Provincial Gazette dated 2018-12-05 number 8014
- Western Cape Provincial Gazette dated 2019-04-15 number 8083
- Western Cape Provincial Gazette dated 2019-05-07 number 8094
- Western Cape Provincial Gazette dated 2019-07-05 number 8124
- Western Cape Provincial Gazette dated 2019-11-15 number 8177
- Western Cape Provincial Gazette dated 2019-12-06 number 8183
- Western Cape Provincial Gazette dated 2020-03-25 number 8226
- Western Cape Provincial Gazette dated 2020-06-26 number 8254
- Western Cape Provincial Gazette dated 2020-08-07 number 8305
- Western Cape Provincial Gazette dated 2020-08-11 number 8301
- Western Cape Provincial Gazette dated 2021-02-12 number 8384
- Western Cape Provincial Gazette dated 2021-03-19 number 8401
- Western Cape Provincial Gazette dated 2021-05-10 number 8428
- Western Cape Provincial Gazette dated 2021-11-12 number 8519
- Western Cape Provincial Gazette dated 2021-12-14 number 8529
- Western Cape Provincial Gazette dated 2022-01-28 number 8538
- Western Cape Provincial Gazette dated 2022-04-08 number 8582
- Western Cape Provincial Gazette dated 2022-05-27 number 8596
- Western Cape Provincial Gazette dated 2022-11-04 number 8677
- Western Cape Provincial Gazette dated 2023-05-19 number 8759
- Western Cape Provincial Gazette dated 2023-08-11 number 8810
- Western Cape Provincial Gazette dated 2023-09-22 number 8825
- Western Cape Provincial Gazette dated 2023-09-29 number 8827
Judgment 6
- Abbott v Overstrand Municipality and Others (99/2015) [2016] ZASCA 68 (20 May 2016)
- City of Cape Town v Carelse and Others (296 of 2019) [2020] ZASCA 117 (1 October 2020)
- Dinwa v Director of Public Prosecution and Another (3176/2018) [2023] ZAECMHC 57 (1 November 2023)
- National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development and Another [2016] ZACC 46 (8 December 2016)
- Sustaining the Wild Coast NPC and Others v Minister of Mineral Resources and Energy and Others (3491/2021) [2022] ZAECGHC 45 (1 September 2022)
- Umfolozi Sugar Planters Limited and Others v Isimangaliso Wetland Park Authority and Others (7942/2015) [2017] ZAKZDHC 17 (21 April 2017)
Legislation 19
- Beaches
- Coastal
- Coastal Management
- Coastal Management
- Coastal Management
- Coastal Management
- Directions Regarding Measures to Address, Prevent and Combat the Spread of COVID-19 Relating to the Freshwater and Marine Fishing Sectors
- Directions Regarding Measures to Address, Prevent and Combat the Spread of COVID-19 Relating to the Freshwater and Marine Fishing Sectors (Alert Level 3)
- Disaster Management Act: Regulations relating to COVID-19
- Estuary Usage Zones
- Informal Trading
- Integrated Coastal Management Appeal Regulations, 2016
- Management and Use of the Berg River Estuary
- Municipal Land Use Planning
- Scheduled Activities
- Waste Removal
- Western Cape Biodiversity Act, 2021
- Western Cape Biosphere Reserves Act
- Western Cape Land Use Planning Regulations, 2015