National Environmental Management: Integrated Coastal Management Act, 2008

Act 24 of 2008

National Environmental Management: Integrated Coastal Management Act, 2008

This is the latest version of this Act.

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Act 24 of 2008

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English

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- Environment, Climate and Wildlife

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

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 1, section 2(dA), section 6(4); Chapter 2, Part 1, section 7(1)–(2), section 7A–7C, section 13(1A), (3)(a)–(d); Part 2, section 16(1)(fA); Part 3, section 18(6)–(9); Part 5, section 22(3); Part 7, section 25(1)(c)–(d), (1A)–(1B), (5); Chapter 3, section 26(6), section 27(a)–(e), section 28(4); Chapter 4, section 34(1)(c)–(d), (3); Chapter 5, Part I, section 35(4), section 36(1A)–(2B); Chapter 7, Part 1, section 59(4)(a)(iii); Part 3, section 63(1)(h)(i)–(vii), (i)–(k); Part 4, section 65(1)(a)–(b), (2)(c), section 66(a)–(c), section 66A; Chapter 8, section 71(3)(h); Chapter 10, section 79(1)(j)–(o), (2)(d)–(k), section 80(6), section 81(1)–(2); Chapter 11, Part 1, section 84(3); Part 3, section 91(1)(c); Part 4, section 93(3)(a)–(b), section 94A; Chapter 12, Part 1, section 95(2)(c), section 96(3A), section 97A	commenced on 1 May 2015.
Chapter 7, Part 4, section 65(1), (2)(a)–(b), (3)–(5), section 66(1)–(2); Chapter 12, Part 1, section 95(1), (2)(a)–(b), (3)–(5), section 96(1)–(3), (4), 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

[This is the version of this document from 13 March 2025.]

[Amended by National Environmental Management: Integrated Coastal Management Amendment Act, 2014 (Act 36 of 2014) on 1 May 2015]
[Amended by National Environmental Management Laws Amendment Act, 2022 (Act 2 of 2022) on 30 June 2023]
[Amended by National Environmental Management Laws Amendment Act, 2022 (Act 2 of 2022) on 13 March 2025]

[English text signed by the President.]ACTTo establish a system of integrated coastal and estuarine management in the Republic, including norms, standards and policies, in order to promote the conservation of the coastal environment, and maintain the natural attributes of coastal landscapes and seascapes, and to ensure that development and the use of natural resources within the coastal zone is socially and economically justifiable and ecologically sustainable: to define rights and duties in relation to coastal areas; to determine the responsibilities of organs of state in relation to coastal areas; to prohibit incineration at sea; to control dumping at sea, pollution in the coastal zone, inappropriate development of the coastal environment and other adverse effects on the coastal environment; to give effect to South Africa’s international obligations in relation to coastal matters; and to provide for matters connected therewith.

WHEREAS everyone has the constitutional right to have the environment, including the coastal environment, protected for the benefit of present and future generations;AND WHEREAS integrated management of the coastal zone as a system is essential to achieve the constitutional commitment to improving the quality of life of all citizens, while protecting the natural environment for the benefit of present and future generations;AND WHEREAS the coastal zone is a unique part of the environment in which biophysical, economic, social and institutional considerations interconnect in a manner that requires a dedicated and integrated management approach;AND WHEREAS much of the rich natural heritage of our coastal zone is being squandered by overuse, degradation and inappropriate management;AND WHEREAS the economic, social and environmental benefits of the coastal zone have been distributed unfairly in the past;AND WHEREAS the conservation and sustainable use of the coastal zone requires the establishment of an innovative legal and institutional framework 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-operative and participatory approach to managing the coast;AND WHEREAS integrated coastal management should be an evolving process that learns from past experiences, 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 coastal zone in order to achieve its conservation and sustainable use,BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:—

Chapter 1
Interpretation, objects and application of Act

1. Definitions

(1)In this Act, unless the context indicates otherwise—"access fee" means a fee that is charged to allow a person to enter coastal public property and includes launching from and entering a vessel launch site with a boat;[definition of "access fee" inserted by section 1(a) of Act 36 of 2014]"admiralty reserve" means any strip of land adjoining the inland side of the high-water mark which, when this Act took effect, was state land reserved or designated on an official plan, deed of grant, title deed or other document evidencing title or land-use rights as "admiralty reserve", "government reserve", "beach reserve", "coastal forest reserve" or other similar reserve;"adverse effect" means any actual, potential or cumulative impact on the environment that impairs, or may impair, the environment or any aspect of it to an extent that is more than trivial or insignificant;[definition of "adverse effect" substituted by section 1(b) of Act 36 of 2014]"aircraft" means an aircraft as defined in terms of section 1 of the National Environmental Management Act;"authorisation" [definition of "authorisation" deleted by section 1(c) of Act 36 of 2014]"Biodiversity Act" means the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004);"biodiversity" or "biological diversity" has the same meaning ascribed to it in the Biodiversity Act;"coastal access land" means land designated as coastal access land in terms of section 18(1), read with section 26;"coastal activities" means activities listed or specified in terms of Chapter 5 of the National Environmental Management Act which take place—(a)in the coastal zone; or(b)outside the coastal zone but have or are likely to have a direct impact on the coastal zone;[definition of "coastal activities" substituted by section 1(d) of Act 36 of 2014]"coastal authorisation" means an authorisation under this Act, and includes the authorisation to reclaim land in terms of sections 7B and 7C, a coastal waters discharge permit in terms of section 69, a general discharge authorisation in terms of section 69, a dumping permit in terms of section 71, a coastal use permit in terms of section 65 and any other authorisation under this Act, but excludes an environmental authorisation;[definition of "coastal authorisation" inserted by section 1(e) of Act 36 of 2014]"coastal concession" [definition of "coastal concession" deleted by section 1(f) of Act 36 of 2014]"coastal environment" means the environment within the coastal zone;"coastal lease" [definition of "coastal lease" deleted by section 1(g) of Act 36 of 2014]"coastal management" includes—(a)the regulation, management, protection, conservation and rehabilitation of the coastal environment;(b)the regulation and management of the use and development of the coastal zone and coastal resources;(c)monitoring and enforcing compliance with laws and policies that regulate human activities within the coastal zone; and(d)planning in connection with the activities referred to in paragraphs (a), (b) and (c);"coastal management line" means a line determined by an MEC 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 management objectives;[definition of "coastal management line" inserted by section 1(h) of Act 36 of 2014]"coastal management objective" means a clearly defined objective established by a coastal management programme for a specific area within the coastal zone which coastal management must be directed at achieving;"coastal management programme" means the national or a provincial or municipal coastal management programme established in terms of Chapter 6;"coastal planning scheme" means a scheme that—(a)reserves defined areas within the coastal zone to be used exclusively or mainly for a specified purpose; and(b)prohibits or restricts any use of these areas in conflict with the terms of the scheme;[definition of "coastal planning scheme" substituted by section 1(i) of Act 36 of 2014]"coastal protected area" means a protected area that is situated 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 the coastal zone in terms of section 22;"coastal protection zone" means the coastal protection zone contemplated in section 16;[definition of "coastal protection zone" substituted by section 1(j) of Act 36 of 2014]"coastal public property" means coastal public property referred to in section 7;"coastal resources" means any part of—(a)the cultural heritage of the Republic within the coastal zone, including shell middens and traditional fish traps; or(b)the coastal environment that is of actual or potential benefit to humans;"coastal set-back line" [definition of "coastal set-back line" deleted by section 1(k) of Act 36 of 2014]"coastal waters" means—(a)the internal waters, territorial waters, exclusive economic zone and continental shelf of the Republic referred to in sections 3, 4, 7 and 8 of the Maritime Zones Act, 1994 (Act No. 15 of 1994), respectively; and(b)an estuary;[definition of "coastal waters" substituted by section 1(l) of Act 36 of 2014]"coastal wetland" means—(a)any wetland in the coastal zone; and(b)includes—(i)land adjacent to coastal waters that is regularly or periodically inundated by water, salt marshes, mangrove areas, inter-tidal sand and mud flats, 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;"coastal zone" means the area comprising coastal public property, the coastal protection zone, coastal access land, coastal protected areas, the seashore and coastal waters, and includes any aspect of the environment on, in, under and above such area;[definition of "coastal zone" substituted by section 1(m) of Act 36 of 2014]"competent authority" means a competent authority identified in terms of section 24C of the National Environmental Management Act;"cultural heritage" means any place or object of aesthetic, architectural, historical, scientific, social or spiritual value or significance;"Department" means the national department responsible for environmental affairs;"development", in relation to a place, means any process initialed by a person to change the use, physical nature or appearance of that place, and includes—(a)the construction, erection, alteration, demolition or removal of a structure or building;(b)a process to rezone, subdivide or consolidate land;(c)changes to the existing or natural topography of the coastal zone; and(d)the destruction or removal of indigenous or protected vegetation;"Director-General" means the Director-General of the Department;"dumping at sea" means—(a)any deliberate disposal into the sea of any waste or material other than operational 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 substrata; or(d)any abandonment or toppling at site of a platform or other structure at sea, for the sole purpose of deliberate disposal, but "dumping at sea" does not include—(i)the lawful disposal at sea through sea out-fall pipelines of any waste or other material generated on land;(ii)the lawful depositing of any substance or placing or abandoning of anything in the sea for a purpose other than mere disposal of it; or(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 exploration, exploitation and associated off-shore processing of mineral resources from the bed, subsoil or substrata of the sea;"dumping permit" means a permit granted under section 71;"dynamic coastal processes" means all natural processes continually reshaping the shoreline and near shore seabed and includes—(a)wind action;(b)wave action;(c)currents;(d)tidal action; and(e)river flows;"effluent" means—(a)any liquid discharged into the coastal environment as waste, and includes any substance dissolved or suspended in the liquid; or(b)liquid which is a different temperature from the body of water into which it is being discharged;"environment" means "environment" as defined in the National Environmental Management Act;"environmental authorisation" means an authorisation granted in respect of coastal activities by a competent authority in terms of Chapter 5 of the National Environmental Management Act;"estuary" means a body of surface water—(a)that is permanently or periodically open to the sea;(b)in which a rise and fall of the water level as a result of the tides is measurable at spring tides when the body of surface water is open to the sea; or(c)in respect of which the salinity is higher than fresh water as a result of the influence of the sea, and where there is a salinity gradient between the tidal reach and the mouth of the body of surface water;[definition of "estuary" substituted by section 1(n) of Act 36 of 2014]"exclusive economic zone" means the exclusive economic zone of the Republic referred to in section 7 of the Maritime Zones Act, 1994 (Act No. 15 of 1994);"Gazette", when used in relation to—(a)the Minister, means the Government Gazette;(b)the MEC, means the Provincial Gazette; and(c)a municipality, means the Provincial Gazette of the province in which the municipality is situated;"general discharge authorisation" means an authorisation under section 69(2);[definition of "general authorisation" substituted by section 1(o) of Act 36 of 2014]"harbour" means a harbour proclaimed in terms of any law and managed by an organ of state;[definition of "harbour" inserted by section 1(p) of Act 36 of 2014]"high-water mark" means the highest line reached by coastal waters, but excluding any line reached as a result of—(a)exceptional or abnormal weather or sea conditions; or(b)an estuary being closed to the sea;[definition of "high-water mark" substituted by section 1(q) of Act 36 of 2014]"incinerate at sea" means the deliberate combustion 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 combustion of operational waste from a vessel, aircraft, platform or other man-made structure at sea;"interests of the whole community" means the collective interests of the community determined by—(a)prioritising the collective interests in coastal public property of all persons living in the Republic over the interests of a particular group or sector of society;(b)adopting a long-term perspective that takes into account the interests of future generations in inheriting coastal public property and a coastal environment characterised by healthy and productive ecosystems and economic activities that are ecologically and socially sustainable; and(c)taking into account the interests of other living organisms that are dependent on the coastal environment;"issuing authority" means the authority designated in terms of this Act to issue authorisations;"land development plan" means any plan that is approved in terms of legislation regulating land development and that indicates the desirable uses for areas of land but does not create legal rights to use land;[definition of "land development plan" substituted by section 1(r) of Act 36 of 2014]"Land Survey Act" means the Land Survey Act, 1997 (Act No. 8 of 1997);"land unit" means a cadastral entity which is capable of registration in the deeds registry in terms of the Deeds Registries Act, 1937 (Act No. 47 of 1937);[definition of "land unit" inserted by section 1(s) of Act 36 of 2014]"land use scheme", 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;"littoral active zone" means any land forming part of, or adjacent to, the seashore that is—(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 unvegetated or only partially vegetated;"local community" means any community of people living, or having rights or interests, in a distinct geographical area within the coastal zone;"low-water mark" means the lowest line to which coastal waters recede during spring tides;"Marine Living Resources Act" means the Marine Living Resources Act, 1998 (Act No. 18 of 1998);"MEC" means the member of the Executive Council of a coastal province who is responsible for the designated provincial lead agency in terms of this Act;"Minister" means the Minister responsible for environmental affairs;[definition of "Minister" substituted by section 1(t) of Act 36 of 2014]"municipality"—(a)means a metropolitan, district or local municipality established in terms of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998); or(b)in relation to the implementation of a provision of this Act in an area which falls within both a local municipality and a district municipality, means—(i)the district municipality; or(ii)the local municipality, if the district municipality, by agreement with the local municipality, has assigned the implementation of that provision in that area to the local municipality;"Municipal Systems Act" means the Local Government: Municipal Systems Act, 2000 Act No. 32 of 2000);"National Environmental Management Act" means the National Environmental 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;"National Water Act" means the National Water Act, 1998 (Act No. 36 of 1998);"operational waste"—(a)means any waste or other material that is incidental to, or derived from, the normal operation of a vessel, aircraft, platform or other man-made structure and its equipment; and(b)excludes any waste or other material that is transported by or to 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 state" has the meaning assigned to it in section 239 of the Constitution;"pollution" has the meaning assigned to it in section 1 of the National Environmental Management Act;"port" means a port as defined in the National Ports Act, 2005 (Act No. 12 of 2005);[definition of "port" inserted by section 1(u) of Act 36 of 2014]"prescribe" means prescribe by regulation;"protected area" means a protected area referred to in section 9 of the Protected Areas Act;"Protected Areas Act" means the National Environmental Management: Protected 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;"reclamation" means the process of artificially creating new land within coastal waters, and includes the creation of an island or peninsula, but excludes beach replenishment by sand pumping for maintenance purposes;[definition of "reclamation" inserted by section 1(v) of Act 36 of 2014]"sea" means—(a)the high seas;(b)all coastal waters; and(c)land regularly or permanently submerged by sea water, including—(i)the bed, subsoil and substrata beneath those waters; and(ii)land flooded by sea water which subsequently becomes part of the bed of coastal waters, including the substrata beneath such land;[definition of "sea" substituted by section 1(w) of Act 36 of 2014]"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 Republic in terms of applicable legislation;"South African vessel" means any vessel registered or deemed to be registered in the Republic in terms of applicable legislation;"special management area" means an area declared as such in terms of section 23;"this Act" includes any regulation made in terms of this Act;"traditional council" means a traditional council established and recognised in terms of section 3 of the Traditional Leadership and Governance Framework Act, 2003 (Act No. 41 of 2003);"vessel" 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;"waste" means any substance, whether or not that substance can be re-used, recycled or recovered—(i)that is surplus, unwanted, rejected, discarded, abandoned or disposed of;(ii)that the generator has no further use of, for the purposes of production, reprocessing or consumption; and(iii)that is discharged or deposited in a manner that may detrimentally impact on the environment;"Waste Assessment Guidelines" means the guidelines set out in Schedule 2;[definition of "Waste Assessment Guidelines" amended by section 1(x) of Act 36 of 2014]"wetland" 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 periodically covered with shallow water, and which land in normal circumstances 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.

2. Objects of Act

The objects of this Act are—

(a)to determine the coastal zone of the Republic;

(b)to provide, within the framework of the National Environmental Management Act, for the co-ordinated and integrated management of the coastal zone by all spheres of government in accordance with the principles of co-operative 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 generations;

(d)to secure equitable access to the opportunities and benefits of coastal public property;[paragraph (b) amended by section 2(a) of Act 36 of 2014]

(dA)to provide for the establishment, use and management of the coastal protection zone; and[paragraph (dA) inserted by section 2(b) of Act 36 of 2014]

(e)to give effect to the Republic’s obligations in terms of international law regarding coastal management and the marine environment.

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—

(a)through its functionaries and institutions implementing this Act, must act as the trustee of the coastal zone; and

(b)must, in implementing this Act, take reasonable measures to achieve the progressive realisation of those rights in the interests of every person.

4. Application of Act

(1)This Act applies to the Republic, including—

(a)its coastal waters; and[paragraph (a) substituted by section 3(a) of Act 36 of 2014]

(b)the Prince Edward islands referred to in the Prince Edward Islands Act, 1948 (Act No. 43 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 Republic.

5. Application of National Environmental Management Act

(1)This Act must, in relation to coastal management, be read, interpreted and applied in conjunction with the National Environmental Management Act.

(2)This Act must be regarded as a "specific environmental management Act" as defined in section 1 of the National Environmental Management Act.

(3)Chapter 4 of the National Environmental Management Act applies to the resolution of conflicts arising from the implementation of this Act.

6. Interpretation and conflicts with other legislation

[heading substituted by section 4(a) of Act 36 of 2014]

(1)If there is a conflict relating to coastal management between a section of this Act and any other legislation existing when this Act takes effect, the section of this Act prevails.

(2)A provision contained in this Act or the National Environmental Management Act, or in regulations made or authorisations issued under either Act, prevails if there is a conflict between that provision and a provision contained in regulations or in an authorisation that has been saved in terms of section 99.

(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 Parliament—

(a)by the Minister only; or

(b)only after the Minister has been consulted on the contents of the draft legislation.

(4)Section 7(2) of this Act shall not affect—

(a)the ownership of an immovable structure, part of an immovable structure, or port or harbour installation or infrastructure; or

(b)the control, use and management of the sea space, including turning basins and channels, within a port or harbour,

existing prior to the commencement of this Act.[subsection (4) added by section 4(b) of Act 36 of 2014]

Chapter 2
Coastal zone

Part 1 – Coastal public property

7. Composition of coastal public property

(1)Coastal public property consists of—

(a)coastal waters;

(b)land submerged by coastal waters, including—

(i)land flooded by coastal waters which subsequently becomes part of the bed of coastal waters; and

(ii)the substrata beneath such land;

(c)any natural island within coastal waters;

(d)the seashore, including—

(i)the seashore of a natural or reclaimed island; and

(ii)the seashore of reclaimed land;

(e)subject to section 66A, any admiralty reserve owned by the State;

(f)any land owned or controlled by the State declared under section 8 to be coastal public property;

(g)land reclaimed in terms of section 7C; or

(h)any natural resources on or in any coastal public property of a category mentioned in paragraphs (a) to (g).

(2)Notwithstanding the provisions of subsection (1), coastal public property does not include—

(a)any—

(i)immovable structure, or part of an immovable structure; or

(ii)installation or infrastructure located in a port or harbour,

whether located on land or the seabed, lawfully constructed by an organ of state.

(b)any portion of the seashore below the high-water mark, which was lawfully alienated before the Sea-shore Act, 1935 (Act No. 21 of 1935), took effect, or which was lawfully alienated in terms of that Act, and which has not subsequently been re-incorporated into the seashore;

(c)any part of an island that was lawfully alienated before this Act commenced; or

(d)any portion of a coastal cliff that—

(i)was lawfully alienated before this Act took effect; and

(ii)is not owned by the State.

[section 7 substituted by section 5 of Act 36 of 2014]

7A. Purpose of coastal public property

(1)Coastal public property is established for the following purposes:

(a)To improve public access to the seashore;

(b)to protect sensitive coastal ecosystems;

(c)to secure the natural functioning of dynamic coastal processes;

(d)to protect people, property and economic activities from risks arising from dynamic coastal processes, including the risk of sea-level rise; or

(e)to facilitate the achievement of any of the objects of this Act.

[section 7A inserted by section 6 of Act 36 of 2014]

7B. Reclamation of land for state infrastructure

(1)No organ of state may reclaim land for the development of state infrastructure unless authorised by the Minister.

(2)The Minister may, on application, approve reclamation in terms of this section.

(3)An application for reclamation must be—

(a)accompanied by—

(i)a detailed plan of how the land will be developed and utilised for the benefit of the State;

(ii)an assessment of whether there is any alternative land available and why such land cannot be used;

(iii)an explanation of the purpose for which the land is to be reclaimed;

(iv)detailed information on how development will be funded; and

(v)any other relevant information;

(b)submitted to the Minister for pre-approval prior to any application for an environmental authorisation in terms of Chapter 5 of the National Environmental Management Act; and

(c)published by notice in the Gazette for public comment by the Minister for a period of no less than 60 days.

(4)If an environmental authorisation is refused, a pre-approval in terms of subsection (3)(b) becomes invalid.

(5)If an environmental authorisation is granted, the applicant must resubmit to the Minister the application, the environmental authorisation and other documents related to the reclamation for a final decision.

(6)A final decision made by the Minister in terms of subsection (5) must be tabled in Parliament within 60 days of the decision.

(7)Any land reclaimed for the development of state infrastructure vests in the organ of state applying for such reclamation.

(8)Unless authorised by the Minister, land reclaimed in terms of subsection (2) may not be utilised other than in accordance with the purpose stated in the original application and conditions of the authorisation.

(9)The Minister may, when approving a reclamation application, make the approval subject to any conditions or title deed restrictions.

(10)Before making a decision in terms of this section, the Minister must consult with any organ of state that may be affected by such decision.

[section 7B inserted by section 6 of Act 36 of 2014]

7C. Reclamation of land for purposes other than state infrastructure

(1)An application for reclamation for purposes other than the development of state infrastructure as contemplated in section 7B will only be considered in exceptional circumstances which are not contrary to the purpose of coastal public property as set out in section 7A.

(2)An application for reclamation in terms of this section must be accompanied by—

(a)details of how the land will be developed and its use;

(b)an assessment of whether there is any alternative land available and why such land cannot be used;

(c)information on whether the land and structures will be accessible to the public;

(d)information on whether the development is in the interests of the whole community;

(e)detailed information on how the development will be funded; and

(f)any other relevant information.

(3)An application for reclamation must be submitted to the Minister for pre-approval prior to any application for an environmental authorisation in terms of Chapter 5 of the National Environmental Management Act.

(4)The Minister must—

(a)follow the consultation process in section 53 prior to pre-approving an application for reclamation; and

(b)submit a pre-approval for reclamation to Parliament for ratification.

(5)In the event that—

(a)Parliament fails to ratify the pre-approval, the Minister’s pre-approval as envisaged in subsection (3) becomes invalid; or

(b)the environmental authorisation is refused, a pre-approval in terms of subsection (3) and a ratification in terms of subsection (4)(b) becomes invalid.

(6)In the event that Parliament ratifies the pre-approval, application may be made for an environmental authorisation in terms of Chapter 5 of the National Environmental Management Act.

(7)If an environmental authorisation is granted, the applicant must resubmit to the Minister the application, the environmental authorisation, the ratified pre-approval and other documents related to the reclamation for a final decision.

(8)A final decision made by the Minister in terms of subsection (7) must be tabled in Parliament within 60 days of the decision.

(9)Land reclaimed in terms of this section—

(a)may not be sold under any circumstances;

(b)must be subject to a lease as prescribed by the Minister; and

(c)may not be subleased without the written authorisation of the Minister.

(10)Unless authorised by the Minister, land reclaimed in terms of this section may not be utilised other than in accordance with the purpose stated in the original application and conditions of the authorisation.

(11)The Minister may, when approving a reclamation application, make the approval subject to any conditions.

[section 7C inserted by section 6 of Act 36 of 2014]

8. Extending coastal public property

(1)The Minister may, by notice in the Gazette, declare in the manner contemplated in subsection (2) any state-owned land as coastal public property for the purposes set out in section 7A.[subsection (1) substituted by section 7 of Act 36 of 2014]

(2)Before declaring state-owned land as coastal public property in terms of subsection (1), the Minister must—

(a)consult with interested and affected parties; and

(b)obtain the concurrence of the Minister, or of the MEC of the province, responsible for managing that state-owned land.

(3)The declaration of state-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 Parliament.

(4)This section does not affect the application of section 26.

9. Acquisition of private land by State

(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, by—

(a)purchasing the land;

(b)exchanging the land for other land; or

(c)if no agreement is reached with the owner, by expropriating the land in accordance with the Expropriation 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. ***

[section 10 repealed by section 8 of Act 36 of 2014]

11. Ownership of coastal public property

(1)The ownership of coastal public property vests in the citizens of the Republic and coastal public property must be held in trust by the State on behalf of the citizens of the Republic.

(2)Coastal public property is inalienable and cannot be sold, attached or acquired by prescription and rights over it cannot be acquired by prescription.

12. State public trustee of coastal public property

The State, in its capacity as the public trustee of all coastal public property, must—

(a)ensure that coastal public property is used, managed, protected, conserved and enhanced in the interests of the whole community; and

(b)take whatever reasonable legislative and other measures it considers necessary to conserve and protect coastal public property for the benefit of present and future generations.

13. Access to coastal public property

(1)Subject to this Act and any other applicable legislation, any natural person in the Republic—

(a)has a right of reasonable access to coastal public property; and

(b)is entitled to use and enjoy coastal public property, provided such use—

(i)does not adversely affect the rights of members of the public to use and enjoy the coastal public property;

(ii)does not hinder the State in the performance of its duty to protect the environment; and

(iii)does not cause an adverse effect.

(1A)Subject to subsections (2) and (3), no person may prevent access to coastal public property.[subsection (1A) inserted by section 9(a) of Act 36 of 2014]

(2)This section does not prevent prohibitions or restrictions on access to, or the use of, any part of coastal public property—

(a)which is or forms part of a protected area;

(b)to protect the environment, including biodiversity;

(c)in the interests of the whole community;

(d)in the interests of national security; or

(e)in the national interest.

(3)

(a)No access fee may be charged for access to coastal public property without the approval of the Minister.

(b)The Minister may by notice in the Gazette publish maximum fees for access to coastal public property or infrastructure located therein, payable by persons in general or a category of persons.

(c)Any person or organ of state may apply to the Minister to charge a fee in excess of the maximum published in terms of paragraph (b).

(d)The provisions of paragraph (a) shall not apply to fees for the use of facilities or activities which are located on or in coastal public property.

[subsection (3) substituted by section 9(b) of Act 36 of 2014]

(4)The Minister, before granting approval for the imposition 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 representations.

(5)Subsections (3) and (4) do not apply to coastal public property—

(a)for which a coastal use permit has been issued in terms of section 65; or

(b)that is, or forms part of, a protected area, or a port or harbour.

[subsection (5) substituted by section 9(c) of Act 36 of 2014]

14. Position of high-water mark

(1)No person may replace the high-water mark curvilinear boundary with a straight line boundary in terms of section 34 of the Land Survey Act.[subsection (1) substituted by section 10(a) of Act 36 of 2014]

(2)[subsection (2) deleted by section 10(b) of Act 36 of 2014]

(3)[subsection (3) deleted by section 10(b) of Act 36 of 2014]

(4)[subsection (4) deleted by section 10(b) of Act 36 of 2014]

(5)If the high-water mark is landward of a straight line boundary of a coastal land unit when this Act took effect, or the high-water mark moves landward of a straight line boundary of a coastal land unit due to the erosion of the coast, sea-level rise or other causes, the owner of that coastal land unit—

(a)loses ownership of any portion of that coastal land unit that is situated below the high-water mark to the extent that such land unit becomes coastal public property; and[paragraph (a) substituted by section 10(d) of Act 36 of 2014]

(b)is not entitled to compensation from the State for that loss of ownership, 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 that act or omission.

[subsection (5) amended by section 10(c) of Act 36 of 2014]

(6)[subsection (6) deleted by section 10(e) of Act 36 of 2014]

15. Measures affecting erosion and accretion

(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 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 act or omission of that organ of state or other person.

(2)No person may construct, maintain or extend any structure, or take other measures on coastal public property to prevent or promote erosion or accretion of the seashore except as provided for in this Act, the National Environmental Management Act or any other specific environmental management Act.[subsection (2) substituted by section 11 of Act 36 of 2014]

Part 2 – Coastal protection zone

16. Composition of coastal protection zone

(1)Subject to subsection (2) and section 26, the coastal protection zone consists of—

(a)land falling within an area declared in terms of the Environment Conservation Act, 1989 (Act No. 73 of 1989), as a sensitive coastal area within which activities identified in terms of section 21 (1) of that Act may not be undertaken without an authorisation;

(b)any part of the littoral active zone that is not coastal public property;

(c)any coastal protected area, or part of such area, which is not coastal public property;[paragraph (c) substituted by section 12(b) of Act 36 of 2014]

(d)any land unit situated wholly or partially within one kilometre of the highwater mark which, when this Act came into force—

(i)was zoned for agricultural or undetermined use; or

(ii)was not zoned and was not part of a lawfully established township, urban area or other human settlement;

(e)any land unit not referred to in paragraph (d) that is situated wholly or partially within 100 metres of the high-water mark;

(f)any coastal wetland, lake, lagoon or dam which is situated wholly or partially within a land unit referred to in paragraph (d)(i) or (e);

(fA)the part of a river which is situated within a land unit referred to in paragraph (d)(i) or (e);[paragraph (fA) inserted by section 12(c) of Act 36 of 2014]

(g)any part of the seashore which is not coastal public property, including all privately owned land below the high-water mark;

(h)any admiralty reserve which is not coastal public property; or

(i)any land adjacent to an area referred to in paragraphs (a) to (h) that would be inundated by a 1:100 year flood or storm event.[paragraph (i) substituted by section 12(d) of Act 36 of 2014]

[subsection 1 amended by section 12(a) of Act 36 of 2014]

(2)An area forming part of the coastal protection zone, except an area referred to in subsection (1)(g) or (h), may be excised from the coastal protection zone in terms of section 26.

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—

(a)protect the ecological integrity, natural character and the economic, social and aesthetic value of coastal public property;

(b)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 rise;

(d)maintain the natural functioning of the littoral active zone;

(e)maintain the productive capacity of the coastal zone by protecting the ecological integrity of the coastal environment; and

(f)make land near the seashore available to organs of state and other authorised persons for—

(i)performing rescue operations; or

(ii)temporarily depositing objects and materials washed up by coastal waters.[subparagraph (ii) substituted by section 13 of Act 36 of 2014]

Part 3 – Coastal access land

18. Designation of coastal access land

(1)Each municipality whose area includes coastal public property must within four years of the commencement 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 designated in terms of subsection (1) is automatically subject to a public servitude in terms of which members of the public may use that land to gain access to coastal public property.[subsection (2) substituted by section 14(a) of Act 36 of 2014]

(3)A municipality must implement subsection (1) subject to—

(a)the other provisions of this Act, including—

(i)any prohibitions or restrictions referred to in section 13(2); and

(ii)the national and applicable provincial coastal management programmes; and

(b)any other applicable national or provincial legislation.

(4)No land within a port or harbour, defence or other strategic facility may be designated as coastal access land without the consent of the Minister responsible for that facility.[subsection (4) substituted by section 14(b) of Act 36 of 2014]

(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, withdraw the designation of any land as coastal access land.

(6)If a municipality fails to designate strips of land as coastal access land in terms of subsection (1), the MEC, and failing the MEC, the Minister, may designate such access land by notice in the Gazette.[subsection (6) added by section 14(c) of Act 36 of 2014]

(7)The MEC may not take any measures under subsection (6) without first consulting the municipality and giving it a reasonable opportunity to make representations.[subsection (7) added by section 14(c) of Act 36 of 2014]

(8)The Minister may not take any measures under subsection (6) without first consulting the municipality and the relevant MEC and giving them a reasonable opportunity to make representations.[subsection (8) added by section 14(c) of Act 36 of 2014]

(9)Each municipality approving the rezoning, subdivision or development of a land unit within or abutting on coastal public property must ensure that adequate provision is made in the conditions of approval to secure public access to that coastal public property.[subsection (9) added by section 14(c) of Act 36 of 2014]

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, the MEC or Minister, as the case may be, must—

(a)assess the potential environmental impacts of doing so;

(b)consult with interested and affected parties in accordance with Part 5 of Chapter 6; and

(c)give notice of the intended designation or withdrawal of the designation to the owner of the land.

[section 19 amended by section 15 of Act 36 of 2014]

20. Responsibilities of municipalities with regard to coastal access land

(1)A municipality in whose area coastal access land falls, must—

(a)signpost entry points to that coastal access land;

(b)control the use of, and activities on, that land;

(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 to the relevant coastal public property;

(e)where appropriate and within its available resources, provide facilities that promote access to coastal public property, including parking areas, toilets, boardwalks and other amenities, taking into account the needs of physically disabled persons;

(f)ensure that the provision and use of coastal access land and associated infrastructure do not cause adverse effects to the environment;

(g)remove any public access servitude that is causing or contributing to adverse effects that the municipality is unable to prevent or to mitigate adequately;

(h)describe or otherwise indicate all coastal access land in any municipal coastal management programme and in any municipal spatial development framework prepared in terms of the Municipal Systems Act;

(i)perform any other actions that may be prescribed; and

(j)report to the MFC within two years of this Act coming into force on the measures taken to implement this section.

(2)A municipality may make by-laws for the proper implementation of subsection (1).

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—

(a)in the interests of the whole community; and

(b)in accordance with the Republic's obligations under international law.

Part 5 – Coastal protected areas

22. Excision of protected areas from coastal protection zone

(1)Subject to section 87, the MEC 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 MEC may only publish a notice referred to in subsection (1) after consultation with the management authority of the protected area, if he or she on reasonable grounds believes that doing so will not prejudice the effective management of the coastal zone.

(3)The Minister, after consultation with the relevant MEC, must exercise the powers and perform the functions granted to the MEC in this section, if such power relates to any part of an area that—

(a)is a national protected area as defined in the Protected Areas Act;

(b)straddles a coastal boundary between two provinces; or

(c)extends up to, or straddles, the borders of the Republic.

[subsection (3) added by section 16 of Act 36 of 2014]

Part 6 – Special management areas

23. Declaration of special management areas

(1)The Minister may, after consultation with the MEC, by notice in the Gazette—

(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 Minister must give interested and affected parties an opportunity to make representations in accordance with Part 5 of Chapter 6.

(3)An area may be declared as a special management area only if environmental, cultural or socio-economic conditions in that area require the introduction of measures which are necessary in order to more effectively—

(a)attain the objectives of any coastal management programme in the area;

(b)facilitate the management of coastal resources by a local community;

(c)promote sustainable livelihoods for a local community; or

(d)conserve, protect or enhance coastal ecosystems and biodiversity in the area.

(4)The Minister may prescribe specified activities which are prohibited in special management areas taking into account the purpose for which the special management area was declared.

24. Management of special management areas

(1)The Minister may, by notice in the Gazette, appoint a manager for each special management area.

(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 be—

(a)a juristic person constituted for that purpose;

(b)an organ of state;

(c)a traditional council; or

(d)any other person with appropriate expertise and capacity.

(3)Before authorising the manager to begin managing the special management area, the Minister must make regulations that—

(a)define the duties and powers of the manager; and

(b)prescribe rules to facilitate the achievement of the objectives for which the special management area was declared.

Part 7 – Coastal management lines

[heading substituted by section 17 of Act 36 of 2014]

25. Establishment of coastal management lines

(1)An MEC must by notice in the Gazette establish or change coastal management lines—

(a)to protect coastal public property, private property and public safety;

(b)to protect the coastal protection zone;

(c)to preserve the aesthetic values of the coastal zone; or

(d)for any other reason consistent with the objectives of this Act.

(1A)An MEC may, in regulations published in the Gazette, prohibit or restrict the building, erection, alteration or extension of structures that are wholly or partially seaward of a coastal management line.

(1B)When establishing coastal management lines in terms of subsection (1), the MEC must consider the location of immovable property and the ownership and zonation of vacant land.

(2)Before making or amending a notice referred to in subsection (1), or making the regulations referred to in subsection (1A), the MEC must—

(a)consult with any local municipality within whose area of jurisdiction the coastal management line is, or will be, situated; and

(b)give interested and affected parties an opportunity to make representations in accordance with Part 5 of Chapter 6.

(3)A local municipality within whose area of jurisdiction a coastal management line has been established must delineate the coastal management 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 coastal management line in relation to existing cadastral boundaries.

(4)A coastal management line may be situated wholly or partially outside the coastal zone.

(5)The Minister, after consultation with the relevant MEC, must exercise the powers and perform the functions granted to the MEC in this section, if such power relates to any part of an area that—

(a)is a national protected area as defined in the Protected Areas Act;

(b)straddles a coastal boundary between two provinces; or

(c)extends up to, or straddles, the borders of the Republic.

[section 25 substituted by section 18 of Act 36 of 2014]

Chapter 3
Boundaries of coastal areas

26. Determination and adjustment of coastal boundaries

(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;

(b)the coastal protection zone may be determined or adjusted by the MEC 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

(d)coastal access land may be determined or adjusted by the municipality 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 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;

(ii)is subject to disputing claims; or

(iii)has shifted due to natural or artificial processes; or

(b)the Minister, MEC or municipality concerned on reasonable grounds believes that the objects of this Act will be achieved more effectively by doing so.

(4)When determining or adjusting a coastal boundary in terms of subsection (1), the Minister, MEC or municipality in question must—

(a)give interested and affected parties an opportunity to make representations in accordance with Part 5 of Chapter 6;

(b)take into account—

(i)any representations made by interested and affected parties;

(ii)the interests of any affected local community;

(iii)any applicable coastal management programme; and

(c)comply with any other requirements that may be prescribed.

(5)If the Minister or MEC determines or adjusts any coastal boundary under this section, he or she must immediately inform any municipality within whose area of jurisdiction the coastal boundary is situated to enable the municipality to reflect that coastal boundary on its zoning maps in accordance with section 31.

(6)The Minister, after consultation with the relevant MEC, must exercise the powers and perform the functions granted to the MEC in subsection (1)(b) if such power relates to any part of an area that—

(a)is a national protected area as defined in the Protected Areas Act;

(b)straddles a coastal boundary between two provinces; or

(c)extends up to, or straddles, the borders of the Republic.

[subsection (6) added by section 19 of Act 36 of 2014]

27. Determining and adjusting coastal boundary of coastal public property

When determining or adjusting the inland coastal boundary of coastal public property, the Minister must take into account—

(a)the dynamic nature of the shoreline;

(b)the need to make appropriate allowance 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 processes and of extending the coastal boundaries of coastal public property to include the littoral active zone and sensitive coastal ecosystems, including coastal wetlands;

(d)the potential effects of projected rises in sea-level;

(dA)any anthropogenic influences on dynamic coastal processes; and

(e)any other factor that may be prescribed.

[section 27 substituted by section 20 of Act 36 of 2014]

28. Determining and adjusting coastal boundaries of coastal protection zone

(1)The MEC may not determine or adjust the coastal boundaries of the coastal protection zone in a manner that changes the coastal boundaries of coastal public property.

(2)The MEC 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 MEC must take into account—

(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;

(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 climate change and other impacts on the environment, and the importance of taking preventive measures to address these threats;

(e)the importance of allowing for the movement of the position of the high water mark over time and of protecting the inland coastal boundary of coastal public property by demarcating a continuous strip of land adjacent to it; and

(f)any other factor that may be prescribed.

(4)The Minister, after consultation with the relevant MEC, must exercise the powers and perform the functions granted to the MEC in subsections (2) and (3), if such power relates to any part of an area that—

(a)is a national protected area as defined in the Protected Areas Act;

(b)straddles a coastal boundary between two provinces; or

(c)extends up to, or straddles, the borders of the Republic.

[subsection (4) added by section 21 of Act 36 of 2014]

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—

(a)the kind of public access required, and whether it is for—

(i)pedestrians;

(ii)vehicles:

(iii)vessels; or

(iv)any other kind of access;

(b)any potential adverse effects that public access may cause, including those caused by—

(i)associated infrastructure;

(ii)vehicles, vessels or other conveyances; and

(iii)increased numbers of people;

(c)the need for parking, recreational and ablution facilities;

(d)any existing rights of way, public servitudes or customary means of gaining access to the seashore and coastal waters;

(e)the need to protect any coastal protected areas; and

(f)the importance of not restricting the rights of land owners unreasonably.

30. Entry onto land

(1)The Minister, an MEC or a municipality may, for the purpose of determining or adjusting a coastal boundary in terms of section 26, authorise any person to enter at any reasonable time, after reasonable notice to the owner or occupier of land or premises, other than residential premises, without a warrant, to—

(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.

(2)Any person authorised in terms of subsection (1) 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 MEC or a municipality may apply to the High Court for an appropriate order.

(4)The Minister, an MEC or a municipality must compensate 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.

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

(1)The Minister, an MEC or a municipality, as may be appropriate, must notify the relevant Registrar of Deeds in writing whenever a coastal boundary has been determined or adjusted in terms of section 26(1) or an area or land has been demarcated in terms of section 26(2).

(2)The notification to the relevant Registrar of Deeds must—

(a)include a description of the land involved; or

(b)be accompanied by a diagram as defined in section 1 of the Land Survey Act, 1997 (Act No. 8 of 1997), of the land involved which is signed by a land 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 Registries Act, 1937 (Act No. 47 of 1937), make a note in the relevant register of the determination or adjustment of a coastal boundary or a demarcation.

Chapter 4
Estuaries

33. National estuarine management protocol

(1)Estuaries within the Republic must be managed in a co-ordinated and efficient manner and in accordance with a national estuarine management protocol.

(2)The Minister, with the concurrence of the Minister responsible for water affairs, must within four years of the commencement of this Act publish by notice in the Gazette a national estuarine management protocol.[subsection (2) substituted by section 22 of Act 36 of 2014]

(3)The national estuarine management protocol must—

(a)determine a strategic vision and objectives for achieving effective integrated management of estuaries;

(b)set standards for the management of estuaries;

(c)establish procedures or give guidance regarding how estuaries must be managed and how the management responsibilities are to be exercised by different organs of state and other parties;

(d)establish minimum requirements for estuarine management plans;

(e)identify who must prepare estuarine management plans and the process to be followed in doing so;

(f)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.

34. Estuarine management plan

(1)The responsible body contemplated in section 33(3)(e) who develops an estuarine management plan must—

(a)follow a public participation process in accordance with Part 5 of Chapter 6; and

(b)ensure that the estuarine management plan and the process by which it is developed are consistent with—

(i)the national estuarine management protocol; and

(ii)the national coastal management programme and with the applicable provincial coastal management programme and municipal coastal management programme referred to in Parts 1, 2 and 3 of Chapter 6;[subparagraph (ii) amended by section 23(a) of Act 36 of 2014]

(c)if applicable, ensure that relevant legislation is enacted to implement an estuarine management plan; and[paragraph (c) added by section 23(b) of Act 36 of 2014]

(d)submit an annual report to the Minister on the implementation of the estuarine management plan, the legislation and any other matter which the Minister may prescribe.[paragraph (d) added by section 23(b) of Act 36 of 2014]

(2)An estuarine management plan may form an integral part of a provincial coastal management programme or a municipal coastal management programme.

(3)The report referred to in subsection (1)(d) must be tabled in Parliament annually.[subsection (3) added by section 23(c) of Act 36 of 2014]

Chapter 5
Institutional arrangements

Part I – National Coastal Committee

35. Establishment and functions of National Coastal Committee

(1)The Minister must by notice in the Gazette establish a National Coastal Committee and determine its powers.

(2)The Department must provide administrative support to the National Coastal Committee.

(3)The National Coastal Committee must promote integrated coastal management in the Republic and effective co-operative governance by co-ordinating the effective implementation of this Act and of the national coastal management programme, and in particular must—

(a)promote integrated coastal management—

(i)within each sphere of government;

(ii)between different spheres of government; and

(iii)between organs of state and other parties concerned with coastal management;

(b)promote the integration of coastal management concerns and objectives into—

(i)those environmental implementation plans and environmental management plans referred to in Chapter 3 of the National Environmental Management Act to which they are relevant;

(ii)national, provincial and municipal development policies, plans and strategies;

(iii)other plans, programmes and policies of organs of state whose activities may create adverse effects on the coastal environment; and

(c)perform any function delegated to it.

(4)The National Coastal Committee must report to the Minister annually on the matters in subsection (3) and that report must be tabled in Parliament.[subsection (4) added by section 24 of Act 36 of 2014]

36. Composition of National Coastal Committee

(1)The Minister appoints the members of the National Coastal Committee.

(1A)The Minister must designate an official from the Department as the Chairperson of the National Coastal Committee.[subsection (1A) inserted by section 25(a) of Act 36 of 2014]

(2)The persons to be appointed in terms of subsections (1) and (1A) must, by virtue of the office that they hold or their expertise, be able to assist the National Coastal Committee in fulfilling its functions.[subsection (2) substituted by section 25(b) of Act 36 of 2014]

(2A)The Minister must appoint permanent members on the National Coastal Committee which must include but is not limited to—

(a)a representative from each Provincial Coastal Committee;

(b)representatives of national government departments which play a significant role in undertaking or regulating activities that may have an adverse effect on the coastal environment; and

(c)one or more members representing the management authorities of coastal protected areas.

[subsection (2A) inserted by section 25(c) of Act 36 of 2014]

(2B)The Committee may, when required invite other persons to participate in the National Coastal Committee which may include—

(a)a representative of a national government department which is not a permanent member;

(b)a representative of a municipality that is affected by issues under consideration by the National Coastal Committee;

(c)persons with expertise in fields relevant to coastal management and coastal ecosystems; and

(d)any other person who may assist the National Coastal Committee in fulfilling its functions.

[subsection (2B) inserted by section 25(c) of Act 36 of 2014]

(3)The Minister may, on the basis of the criteria referred to in subsection (2), appoint—

(a)an alternate member for any member of the National Coastal Committee; and

(b)a replacement for any member who vacates his or her office.

(4)[subsection (4) deleted by section 25(d) of Act 36 of 2014]

37. Vacation of office and termination of membership

(1)A member of the National Coastal Committee vacates office if he or she tenders his or her resignation.[subsection (1) substituted by section 26 of Act 36 of 2014]

(2)The Minister may terminate membership of a member of the National Coastal Committee where—

(a)that member fails to perform the duties of a member as required in terms of this Act;

(b)that member obstructs or impedes the National Coastal Committee in the performance of its functions in terms of this Act;

(c)that member brings the National Coastal Committee into disrepute; or

(d)such termination is in the interest of the public.

Part 2 – Provincial lead agencies

38. Designation and functions of provincial lead agency

(1)The Premier of each coastal province must, within two months of the commencement 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 times a lead agency for coastal management in the province which is responsible to the MEC.

(2)Each provincial lead agency must, within the province—

(a)co-ordinate the implementation of the provincial coastal management programme referred to in Part 2 of Chapter 6;

(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)monitor the state of the environment in the coastal zone and relevant trends affecting that environment, and identify provincial priority issues;

(d)co-ordinate the preparation of a provincial state of the coast report required by section 93(2);

(e)provide logistical and administrative support to the Provincial Coastal Committee established in accordance with section 39;

(f)review reports that relate to determinations and adjustments under Chapter 3 or that concern policies that may impact on the coastal zone;

(g)promote, in collaboration with other appropriate bodies and organisations, training, education and public awareness programmes relating to the protection, conservation and enhancement of the coastal environment and the sustainable use of coastal resources;

(h)take all reasonably practical measures to monitor compliance with, and to enforce, this Act, either alone or in co-operation with other enforcement agencies; and

(i)perform any other functions assigned to it by the Minister or the MEC under this Act.

(3)The Premier may assign any of the functions referred to in subsection (2) to any organ of state other than the lead agency in the province.[subsection (3) substituted by section 27 of Act 36 of 2014]

Part 3 – Provincial Coastal Committees

39. Establishment and functions of Provincial Coastal Committees

(1)Each MEC must within 12 months of the commencement of this Act establish a Provincial Coastal Committee for the province.

(2)A Provincial Coastal Committee must—

(a)promote integrated coastal management in the province and the co-ordinated and effective implementation of this Act and the provincial coastal management programme;

(b)advise the MEC the provincial lead agency and the National Coastal Committee on matters concerning coastal management in the province;

(c)advise the MEC on developing, finalising, reviewing and amending the provincial coastal management programme;

(d)promote a co-ordinated, inclusive and integrated approach to coastal management within the province by providing a forum for, and promoting, dialogue, co-operation and co-ordination between the key organs of state and other persons involved in coastal management in the province;

(e)promote the integration of coastal management concerns and objectives into the plans, programmes and policies of other organs of state whose activities may have caused or may cause adverse effects on the coastal environment; and

(f)perform any function delegated to it.

40. Composition of Provincial Coastal Committees

(1)Subject to subsection (5), the MEC must determine the composition of the Provincial Coastal Committee, and in doing so must take account of the desirability of ensuring the representation on the Provincial Coastal Committee of organs of state and community groups or bodies which have a material and direct interest in the conservation and management of the coast or the use of coastal resources including representatives of government who play a significant role in undertaking or regulating activities that may have an adverse impact on the coastal environment.

(2)The MEC must—

(a)appoint persons to the Provincial Coastal Committee who by virtue of the office that they hold or their expertise are able to assist the Provincial Coastal Committee in fulfilling its functions; and

(b)when appointing persons in terms of paragraph (a), ensure that the Provincial Coastal Committee includes—

(i)persons with expertise in fields relevant to coastal management;

(ii)one or more members representing municipalities in the coastal zone;

(iii)one or more members representing community based and non-government organisations; and

(iv)one or more members representing scientific or coastal research institutes.

(3)The MEC may, on the basis of the criteria referred to in subsections (1) and (2), appoint—

(a)an alternate member for any member of the Provincial Coastal Committee; and

(b)a replacement for any member who vacates his or her office.

(4)The MEC must, with the consent of the MEC responsible for finance in the province, determine the rate of remuneration and the allowances payable to any member of the Provincial Coastal Committee who is not an employee of an organ of state.

(5)The Director-General may appoint a member of the Department to participate as a non-voting member of a Provincial Coastal Committee and may appoint an alternate or replacement for any such member.

41. Vacation of office and termination of membership

(1)A member of a Provincial Coastal Committee vacates office if he or she—

(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 Committee;

(b)ceases to hold any office necessary for his or her appointment to the Provincial Coastal Committee; or

(c)tenders his or her resignation and the MEC accepts it.

(2)The MEC may terminate membership of the member of the Provincial Coastal Committee where—

(a)he or she fails to perform the duties of a member as required in terms of this Act;

(b)he or she obstructs or impedes the Provincial Coastal Committee in the performance of its functions in terms of this Act;

(c)he or she brings the Provincial Coastal Committee into disrepute; or

(d)such termination is in the interest of the public.

Part 4 – Municipal Coastal Committees

42. Establishment and functions of municipal coastal committees

(1)Each metropolitan municipality and each district municipality that has jurisdiction over any part of the coastal zone may establish a coastal committee for the municipality and, subject to subsection (4), determine its powers.

(2)Any local municipality that has jurisdiction over any part of the coastal zone may establish a coastal committee for the municipality and subject to subsection (4), determine its powers, which may include the power to establish local subcommittees of the municipal coastal committee.

(3)A municipal coastal committee contemplated in subsections (1) and (2) may include—

(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 municipality; and

(c)representatives of communities or organisations with a particular interest in contributing to effective coastal management, such as port authorities, organs of state, persons whose livelihoods or businesses rely on the use of coastal resources, environmental interest groups and research organisations.

(4)A municipal coastal committee contemplated in subsections (1) and (2) may—

(a)promote integrated coastal management in the municipality and the coordinated and effective implementation of this Act and the municipal coastal management programme;

(b)advise the municipal manager, the municipal council and the provincial coastal committee on matters concerning coastal management within the area of jurisdiction of the municipal coastal committee;

(c)advise the municipality on developing, finalising, reviewing and amending the municipal coastal management programme;

(d)promote a co-ordinated, inclusive and integrated approach to coastal management within the municipality by providing a forum for, and promoting, dialogue, co-operation and co-ordination between the key organs of state and other persons involved in coastal management within its area of jurisdiction;

(e)promote the integration of coastal management concerns and objectives into the municipality's integrated development plan and spatial development framework and into other municipal plans, programmes and policies that affect the coastal environment; and

(f)perform any coastal governance function delegated to it.

Part 5 – Voluntary coastal officers

43. Voluntary coastal officers

(1)The MEC of a coastal province may appoint any member of the public who has 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 MEC in a manner that conserves and protects coastal public property.

(3)The MEC must—

(a)prescribe the powers and duties of voluntary coastal officers;

(b)clearly define the responsibilities 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.

(4)A voluntary coastal officer who is exercising powers or performing functions in terms of this Act must produce his or her identity card at the request of a member of the public.

Chapter 6
Coastal management

Part 1 – National coastal management programme

44. Preparation and adoption of national coastal management programme

(1)The Minister—

(a)must within four years after this Act takes effect, prepare and adopt a national coastal management programme for managing the coastal zone;

(b)must review the programme at least once every five years; and

(c)may, when necessary, amend the programme.

(2)Before adopting a programme contemplated in subsection (1)(a), the Minister must by notice in the Gazette invite members of the public to submit to the Minister, within 30 days of such notice, written representations on or objections to the programme.

(3)The Minister must, within 60 days of the adoption of the national coastal management programme or of any substantial amendment to it—

(a)give notice to the public—

(i)of the adoption of the programme; and

(ii)that copies of, or extracts from, the programme are available for public inspection at specified places; and

(b)publicise a summary of the programme.

45. Contents of national coastal management programme

(1)The national coastal management programme must—

(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-governmental organisations, the private sector and local communities.

(2)The national coastal management programme must include the following components:

(a)A national vision for coastal management in the Republic, including the sustainable use of coastal resources;

(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—

(i)the coastal zone generally;

(ii)the specific components of the coastal zone; and

(f)a framework for co-operative governance to implement measures concerning coastal management that—

(i)identifies the responsibilities of different organs of state, including their responsibilities in relation to marginalised or previously disadvantaged communities that are dependent on coastal resources for their livelihood; and

(ii)facilitates co-ordinated and integrated coastal management.

Part 2 – Provincial coastal management programmes

46. Preparation and adoption of provincial coastal management programmes

(1)The MEC of each coastal province—

(a)must within four years of the commencement of this Act, prepare and adopt a provincial coastal management programme for managing the coastal zone in the province;

(b)must review the programme at least once every five years; and

(c)may, when necessary, amend the programme.

(2)Before adopting a programme contemplated in subsection (1)(a), the MEC must by notice in the Gazette invite members of the public to submit to the MEC within 30 days of such notice, written representations on or objections to the programme.

(3)The MEC must, within 60 days of the adoption of the provincial coastal management programme or of any substantial amendment to it—

(a)give notice to the public—

(i)of the adoption of the programme; and

(ii)that copies of, or extracts from, the programme are available for public inspection at specified places; and

(b)publicise a summary of the programme.

(4)If the province has a provincial land development plan or an integrated development plan, programme or strategy, its coastal management programme may form part of that plan, programme or strategy.

47. Contents of provincial coastal management programmes

(1)A provincial coastal management programme must—

(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 management in the province; and

(c)be consistent with—

(i)the national coastal management programme; and

(ii)the national estuarine management protocol.

(2)A provincial coastal management programme must include—

(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 strategies—

(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 objectives.

(3)A provincial coastal management programme may include a programme of projected expenditure and investment by the provincial government in order to implement the provincial coastal management programme.

Part 3 – Municipal coastal management programmes

48. Preparation and adoption of municipal coastal management programmes

(1)A coastal municipality—

(a)must, within four years of the commencement of this Act, prepare and adopt a municipal coastal management programme for managing the coastal zone or specific parts of the coastal zone in the municipality;

(b)must review any programme adopted by it at least once every five years; and

(c)may, when necessary, amend the programme.

(2)Before adopting a programme contemplated in subsection (1)(a), a municipality must by notice in the Gazette invite members of the public to submit written representations on or objections to the programme in accordance with the procedure contemplated in Chapter 4 of the Municipal Systems Act.

(3)A municipality must, within 60 days of the adoption of the municipal coastal management programme or of any substantial amendment to it—

(a)give notice to the public—

(i)of the adoption of the programme; and

(ii)that copies of, or extracts from the programme are available for public inspection at specified places; and

(b)publicise a summary of the programme.

(4)A municipality may prepare and adopt a coastal management programme as part of an integrated development plan and spatial development framework adopted in accordance with the Municipal Systems Act and if it does so, compliance 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 compliance with public participation requirements in terms of this Act.

49. Contents of municipal coastal management programmes

(1)A municipal coastal management programme must—

(a)be a coherent municipal policy directive for the management of the coastal zone within the jurisdiction of the municipality; and

(b)be consistent with—

(i)the national and provincial coastal management programmes; and

(ii)the national estuarine management protocol.

(2)A municipal coastal management programme must include—

(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 jurisdiction of the municipality;

(c)priorities and strategies—

(i)to achieve the coastal management objectives of the municipality; and

(ii)to assist in the achievement of the national and provincial coastal management objectives as may be applicable in the municipality;

(iii)to address the high percentage of vacant plots and the low occupancy levels of residential dwellings;

(iv)to equitably designate zones as contemplated in section 56(1)(a)(i) for the purposes of mixed cost housing and taking into account the needs of previously disadvantaged individuals;

(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 programme may include—

(a)a programme of projected expenditure and investment by the municipality in coastal management infrastructure or in order to implement any coastal management programme;

(b)a description of specific areas within the coastal zone that require special coastal management, and management strategies for those areas;

(c)estuarine management plans; and

(d)any other matter that may be prescribed.

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

Any programme or plan in terms of the National Environmental Management Act, any specific environmental management Act, an integrated development plan in terms of the Municipal Systems Act and a provincial or municipal land development plan must—

(a)be aligned with the national coastal management programme and any applicable provincial coastal management programme;

(b)contain those provisions of the national coastal management programme and any applicable provincial coastal management programme that specifically applies to it; and

(c)give effect to the national coastal management programme and any applicable provincial coastal management programme.

[section 51 amended by section 28 of Act 36 of 2014]

52. Ensuring consistency between coastal management programmes and other statutory plans

(1)For the purposes of this section, "statutory plan" means a plan, policy or programme adopted by an organ of state that may affect coastal management, and without limitation, may include—

(a)an environmental implementation or environmental management plan prepared in terms of Chapter 3 of the National Environmental Management Act;

(b)an integrated development plan adopted by a municipality 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;

(d)a provincial or municipal land development plan;

(e)a provincial strategic policy and plan concerned with promoting sustainable development; and

(f)the national estuarine management protocol.

(2)The Minister must ensure that there is consistency between the national coastal management plan and other statutory plans adopted by a national organ of state.

(3)The MEC must ensure that 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 municipality in the coastal zone must ensure that its integrated development 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 programme and the provisions of another statutory plan, the person responsible under subsections (2), (3) or (4) to ensure consistency must discuss the conflict with the organ of state 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 Environmental Management Act.

(6)Conflicts between a coastal management programme and other statutory plans must be resolved in a manner that best promotes the objects of this Act.

(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.

Part 5 – Public participation

53. Consultation and public participation

(1)Before exercising a power, which this Act requires to be exercised in accordance with this section, the Minister, MEC, municipality or other person exercising that power must—

(a)consult with all Ministers, MEC’s or municipalities whose areas of responsibilities will be affected by the exercise of the powers in accordance with the principles of co-operative governance as set out in Chapter 3 of the Constitution;

(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 members of the public to submit, within no less than 30 days of such notice, written representations or objections to the proposed exercise of power; and

(ii)contain sufficient information to enable members of the public to submit representations or objections.

Part 6 – Review of coastal management programmes

54. Powers of Minister to review coastal management programmes

(1)The Minister may at any time review any provincial coastal management programme.

(2)The Minister must, in reviewing the provincial coastal management programme, determine whether or not it—

(a)meets the requirements specified in section 47;

(b)is consistent with the national coastal management programme;

(c)gives adequate protection to coastal public property; and

(d)provides an appropriate policy framework for establishing an effective and efficient system of coastal management.

(3)If the Minister believes that a provincial coastal management programme does not meet all the criteria referred to in subsection (2), the Minister must by notice to the MEC of the province concerned, require the MEC to amend or replace the provincial coastal management programme within a reasonable period, which must be specified in the notice.

(4)An MEC who receives a notice in terms of subsection (3) must amend or replace the provincial coastal management programme by following the same procedure used to prepare and adopt it in terms of this Act, except that the new or amended coastal management programme may not be finally adopted without the consent of the Minister.

(5)

(a)The Minister may request an MEC to review a municipal coastal management programme under section 55.

(b)If the MEC is unable or unwilling to review the municipal coastal management programme within a reasonable period, the Minister may do so in which case section 55 applies with the necessary changes.

55. Review of municipal coastal management programmes

(1)The MEC may at any time review a municipal coastal management programme.

(2)The MEC must, in reviewing the municipal coastal management programme, determine whether or not it—

(a)meets the requirements specified in section 49;

(b)is consistent with the national and the provincial coastal management programmes;

(c)gives adequate protection to coastal public property; and

(d)was prepared in a manner that allowed for effective participation by interested and affected parties.

(3)If, after considering the advice of the Provincial Coastal Committee, the MEC believes that a municipal coastal management programme does not meet all the criteria referred to in subsection (2), the MEC must, by notice to the municipality concerned, require the municipality to amend or replace the municipal coastal management programme within a reasonable period, which must be specified in the notice.

(4)A municipality that receives a notice in terms of subsection (3), must amend or replace the municipal coastal management programme by following the same procedure used to prepare and adopt it in terms of this Act except that the new or amended coastal management programme may not be finally adopted without the consent of the MEC.

Part 7 – Coastal planning schemes

56. Planning schemes for areas within coastal zone

(1)A coastal planning scheme is a scheme that facilitates the attainment of coastal management objectives by—

(a)defining areas within the coastal zone or coastal management area which may—

(i)be used exclusively or mainly for specified purposes or activities; or

(ii)not be used for specified purposes or activities; and

(b)prohibiting or restricting activities or uses of areas that do not comply with the rules of the scheme.

(2)A coastal planning scheme must—

(a)be established by notice in the Gazette;

(b)be consistent with—

(i)this Act;

(ii)the national coastal management programme;

(iii)the applicable provincial coastal management programme; and

(iv)any estuarine management plan applicable in the area; and

(c)take into account any other applicable coastal management programmes.

(3)A coastal planning scheme may be established and implemented for an area within the coastal zone by—

(a)the Minister, after consultation with the MEC and with any authority that is responsible for managing an area to which the planning scheme applies, if the planning scheme applies to—

(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 between two provinces, or adjoins or straddles the borders of the Republic of South Africa;

(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 MEC, after consultation with the Minister and any authority that is responsible for managing an area to which the planning scheme applies, if the planning scheme is not one referred to in paragraph (a) or (b) and applies to an area of the coastal zone within the province;

(d)the municipality, in consultation with the MEC and after consultation with any authority that is responsible for managing an area to which the planning scheme applies, if the planning scheme is not one referred to in paragraphs (a) or (b) and applies to an area falling within its jurisdiction; and

(e)the management authority of a special management area, in consultation with the MEC and after consultation with the municipality, if the planning scheme only applies within that management area.

(4)A coastal planning scheme established by—

(a)the Minister takes precedence over any other coastal planning scheme;

(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 MEC takes precedence over any other coastal planning scheme except one established by the Minister or the management authority for a coastal protected area; or

(d)a municipality takes precedence over any other coastal planning scheme except one established by the Minister or the MEC, or established 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—

(a)the Minister, if the scheme applies to an area that 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 relevant Minister responsible for navigation of vessels on the sea or vessels entering or leaving a port or harbour, if the scheme affects or restricts such vessels.

[subsection (5) substituted by section 29 of Act 36 of 2014]

(6)A coastal planning scheme may not create any rights to use land or coastal waters.

57. Coastal planning and land use schemes of municipalities

(1)Subject to section 56(5), a coastal planning scheme of a municipality may form, and be enforced as part of, any land use scheme adopted by the municipality.

(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 commencement of this Act and a coastal planning scheme made in terms of this Act, the coastal planning scheme shall prevail.

Chapter 7
Protection of coastal environment

Part 1 – Assessing, avoiding and minimising adverse effects

58. Duty to avoid causing adverse effects on coastal environment

(1)

(a)Section 28 of the National Environmental Management 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 to—

(i)"significant pollution or degradation of the environment" must be read as including an adverse effect on the coastal environment;

(ii)"environment" must be read as including the coastal environment; and

(iii)"environmental management plan" must be read as including a coastal management programme applicable in the area concerned.

(2)For the purposes of subsection (1)—

(a)the Minister may, by notice in the Gazette, determine that 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 to whom section 28(1) and (2) of the National Environmental Management Act applies must be regarded as including—

(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 that 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 at sea, or the owner or driver of a vehicle, in respect of which any activity that caused or is likely to cause an adverse effect occurred, is occurring 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 causing or is likely to cause, an adverse effect.

59. Coastal protection notice and coastal access notice

(1)If the Minister or MEC has reason to believe that a person has, either prior to or after the commencement of this Act, carried out, is carrying out, or intends to carry out, an activity that has, 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 protection notice to the person responsible for that activity—

(a)prohibiting the activity if it is not already prohibited in terms of this Act; and

(b)instructing that person—

(i)to take appropriate steps in terms of this Act or any other applicable legislation to protect the environment;

(ii)to investigate and evaluate the impact of an activity on an aspect of the coastal environment in accordance with Chapter 5 of the National Environmental Management Act; or

(iii)to stop or postpone the activity for a reasonable period to allow for the investigation to be carried out and for the Minister or MEC to evaluate the report.

[subsection 1 amended by section 30(a) of Act 36 of 2014]

(2)Before exercising a power to issue a coastal protection notice under subsection (1), the Minister or MEC must—

(a)consult with any other organ of state that authorised, or is competent 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 representations.

[subsection (2) amended by section 30(b) of Act 36 of 2014]

(3)[subsection (3) deleted by section 30(c) of Act 36 of 2014]

(4)A coastal protection notice in terms of subsection (1)—

(a)must state—

(i)the reasons for the notice;

(ii)the period within which anything required by the notice must be carried out; and

(iii)that the person to whom it is addressed may appeal against the notice in terms of Chapter 9;[subparagraph (iii), previously subparagraph (ii), amended by section 30(d) of Act 36 of 2014]

(b)may instruct the person to whom it is addressed, among other matters—

(i)to build, maintain or demolish any specified works;

(ii)to close a public access or prevent unauthorised access to coastal public property at a specified place;

(iii)to plant, cultivate, preserve or stop damaging indigenous vegetation 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;

(vi)to rehabilitate land at a specified place;

(vii)to remove stock from land; or

(viii)to take measures to protect indigenous fauna.

(5)If the Minister or MEC has reason to believe that a person has, either prior to or after the commencement of this Act, carried out, is carrying out, or intends to carry out, an activity that is having, or is likely to have, an adverse effect on the rights of natural persons to gain access to, use and enjoy coastal public property, the Minister or MEC may issue a written coastal access notice to that person—

(a)prohibiting 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 public property.

[subsection (5) amended by section 30(e) of Act 36 of 2014]

(6)When issuing a notice contemplated in subsection (5), subsections (2) and (4) apply with the necessary changes.[subsection (6) substituted by section 30(f) of Act 36 of 2014]

60. Repair or removal of structures within coastal zone

(1)The Minister or MEC, may issue a written repair or removal notice to any person responsible for a structure on or within the coastal zone if that structure either prior to or after the commencement of this Act—

(a)has had, is having or is likely to have, an adverse effect on the coastal environment by virtue of its existence, because of its condition or because it has been abandoned; or[paragraph (a) substituted by section 59(b) of Act 2 of 2022]

(b)has been erected, constructed or upgraded in contravention of this Act or any other law;

[subsection (1) amended by section 59(a) of Act 2 of 2022]

(2)Before exercising a power to issue a repair and removal notice under subsection (1) the Minister or MEC must—

(a)consult with any other organ of state that authorised or is competent to authorise the undertaking of the activity or proposed activity concerned; and

(b)give the person to whom the repair and removal notice is to be addressed an opportunity to make representations.

(3)[subsection (3) deleted by section 31 of Act 36 of 2014]

(4)A repair and removal notice in terms of subsection (1)—

(a)must state—

(i)the reasons for the notice; and

(ii)that the person to whom it is addressed may appeal against the notice in terms of Chapter 9; and

(b)may instruct the person responsible for the structure—

(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 state;

(iii)to repair the structure to the satisfaction of the Minister or the MEC 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.

(5)If a person responsible for a structure referred to in subsection (1) cannot readily be found, the Minister or the MEC instead of issuing a notice in accordance with subsection (4), may—

(a)publish a notice that complies with the provisions of subsection (2) once in the Gazette and once a week for two consecutive weeks in a newspaper circulating in the area in which the structure in question is situated; and

(b)affix a copy of the notice to the structure in question during the period of advertisement.

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—

(a)carry out what is required by the notice; and

(b)recover from the person to whom the notice was addressed, or in the circumstances referred to in section 60(4) from any person subsequently found to be responsible for the structure, the costs reasonably incurred in carrying out the required action.

Part 2 – Regulation of coastal zone

62. Implementation of land use legislation in coastal protection zone

(1)An organ of state that is responsible for implementing national, provincial or municipal legislation that regulates the planning or development of land must, in a manner that conforms to the principles of co-operative governance contained in Chapter 3 of the Constitution, apply that legislation in relation to land in the coastal protection zone in a way that gives effect to the purposes for which the protection zone is established as set out in section 17.

(2)[subsection (2) deleted by section 32 of Act 36 of 2014]

Part 3 – Environmental authorisations

63. Environmental authorisations for coastal activities

(1)Where an environmental authorisation in terms of Chapter 5 of the National Environmental Management Act is requited for coastal activities, the competent authority must take into account all relevant factors, including—

(a)the representations made by the applicant and by interested and affected parties;

(b)the extent to which the applicant has in the past complied with similar authorisations;

(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 establishing and protecting those areas;

(d)the estuarine management plans, coastal management programmes, coastal management lines and coastal management objectives applicable in the area;[paragraph (d) substituted by section 33(a) of Act 36 of 2014]

(e)the socio-economic impact if the activity—

(i)is authorised;

(ii)is not authorised;

(f)[paragraph (f) deleted by section 33(b) of Act 36 of 2014];

(g)the likely impact of coastal environmental processes on the proposed activity;[paragraph (g) amended by section 33(c) of Act 36 of 2014]

(h)whether the development or activity—

(i)is situated within coastal public property and is inconsistent with the objective of conserving and enhancing coastal public property for the benefit of current and future generations;

(ii)is situated within the coastal protection zone and is inconsistent with the purpose for which a coastal protection zone is established as set out in section 17;

(iii)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;

(iv)is likely to cause irreversible or long-lasting adverse effects to any aspect of the coastal environment that cannot satisfactorily be mitigated;

(v)is likely to be significantly damaged or prejudiced by dynamic coastal processes;

(vi)would substantially prejudice the achievement of any coastal management objective; or

(vii)would be contrary to the interests of the whole community;

[paragraph (h) substituted by section 33(d) of Act 36 of 2014]

(i)whether the very nature of the proposed activity or development requires it to be located within coastal public property, the coastal protection zone or coastal access land;[paragraph (i) added by section 33(e) of Act 36 of 2014]

(j)whether 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; and[paragraph (j) added by section 33(e) of Act 36 of 2014]

(k)the objects of this Act, where applicable.[paragraph (k) added by section 33(e) of Act 36 of 2014]

(2)[subsection (2) deleted by section 33(f) of Act 36 of 2014]

(3)[subsection (3) deleted by section 33(f) of Act 36 of 2014]

(4)[subsection (4) deleted by section 33(f) of Act 36 of 2014]

(5)The competent authority must ensure that the terms and conditions of any environmental authorisation are consistent with any applicable coastal management programmes and promote the attainment of coastal management objectives in the area concerned.

(6)Where an environmental authorisation is not required for coastal activities, the Minister may, by notice in the Gazette list such activities requiring a permit or licence.

64. ***

[section 64 repealed by section 34 of Act 36 of 2014]

Part 4 – Use of coastal public property

[heading substituted by section 35 of Act 36 of 2014]

65. Award of coastal use permits on coastal public property

(1)The Minister may by notice in the Gazette—

(a)list activities that—

(i)are prohibited within coastal public property; or

(ii)require a coastal use permit from the Minister; and

(b)set different user charges for coastal use permits in terms of paragraph (a)(ii),

provided that such activities do not require environmental authorisation in terms of Chapter 5 of the National Environmental Management Act.

(2)No person may—

(a)undertake an activity prohibited in terms of subsection (1)(a)(i);

(b)undertake an activity referred to in subsection (1)(a)(ii) without a coastal use permit; or

(c)contravene any conditions determined in a coastal use permit referred to in section 66.

(3)A coastal use permit in terms of subsection (1)(a)(ii) may, subject to section 66, be awarded by the Minister either—

(a)on application by a person; or

(b)if the Minister so determines in any specific case, through a prescribed process.

(4)An application for a coastal use permit must be lodged in the prescribed manner.

(5)A coastal use permit awarded in terms of this Chapter does not relieve the holder thereof from the obligation to—

(a)obtain any other coastal authorisation that may be required in terms of this Act or any other authorisation in terms of other legislation; or

(b)comply with any other legislation.

[section 65 substituted by section 36 of Act 36 of 2014]

66. Terms of coastal use permits

A coastal use permit—

(a)must be awarded for a fixed period of time of not more than 20 years whereafter a new application must be made in terms of section 65(3) and (4);

(b)is subject to any conditions determined by the Minister; and

(c)must provide for the payment by the holder thereof of a user charge determined by the Minister in terms of section 65(1)(b).

[section 66 substituted by section 37 of Act 36 of 2014]

66A. Leases in admiralty reserves

(1)Notwithstanding section 7(1)(e), a lease in an admiralty reserve, prior to the commencement of this section, must be managed by the organ of state empowered to do so in terms of the relevant local, provincial or national legislation.

(2)A lease referred to in subsection (1), must be managed as prescribed by the Minister and until so prescribed, such leases must be managed in a manner that is consistent with the purpose of coastal public property as set out in section 7A.

[section 66A inserted by section 38 of Act 36 of 2014]

Part 5 – General provisions

67. Temporary occupation of land within coastal zone

(1)Subject to the Expropriation Act, 1975 (Act No. 63 of 1975), the Minister may direct that land within the coastal zone be temporarily occupied to build, maintain or repair works to implement a coastal management programme, or to respond to pollution incidents or emergency situations, and may for this purpose—

(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)Notwithstanding section 89, the powers of the Minister in terms of subsection (1) may be delegated to—

(a)the MEC, who may subdelegate this power to a municipality in that province; or

(b)an official in that Department.

(3)If the land is private property, the Minister or the MEC, acting in terms of subsection (1), must, before the land is occupied, give the occupier and the owner of the land reasonable notice, in writing, of the intention to occupy and the purpose of the occupation.

68. Amendment, revocation, suspension or cancellation of authorisations

(1)An issuing authority may amend, revoke, suspend or cancel a coastal authorisation issued in terms of this Act, if—

(a)the holder of the coastal authorisation contravenes or fails to comply with a condition subject to which the coastal authorisation was issued;

(b)it is in conflict with a coastal management programme or will significantly prejudice the attainment of a coastal management objective;

(c)changes in circumstances require such amendment, revocation, suspension or cancellation; or

(d)it is necessary to meet the Republic’s international obligations.

(2)An issuing authority must by written notice delivered to the holder of the coastal authorisation, 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 notice as to why the coastal authorisation should not be amended, revoked, suspended or cancelled, as the case may be.

(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 circumstances, including any representations made by the holder, and may—

(a)revoke the coastal authorisation;

(b)suspend the coastal authorisation for a period determined by the issuing authority;

(c)cancel the coastal authorisation from a date determined by the issuing authority;

(d)alter the terms or conditions of the coastal authorisation; or

(e)decide not to amend, revoke, suspend or cancel the coastal authorisation.

(4)Notwithstanding subsections (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 coastal zone, at any time by written notice to the holder of a coastal authorisation amend, revoke, suspend or cancel the coastal authorisation.

(5)If the issuing authority intends to exercise the powers under subsection (4), subsection (2) shall apply with the necessary changes.

(6)If the Minister or an issuing authority has reason to believe that it is urgently necessary to exercise powers under subsection (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 a coastal authorisation, temporarily suspend the coastal authorisation and then follow the procedure referred to in subsection (3).

(7)A competent authority, when exercising the power to amend, withdraw or suspend an environmental authorisation in terms of the National Environmental Management Act, must consider the factors referred to in subsections (1), (4), (5) and (6) with the necessary changes.

[section 68 substituted by section 39 of Act 36 of 2014]

Chapter 8
Marine and coastal pollution control

69. Discharge of effluent into coastal waters

(1)No person may discharge effluent that originates from a source on land into coastal waters except in terms of a general discharge authorisation contemplated in subsection (2) or a coastal waters discharge permit issued under this section by the Minister after consultation with the Minister responsible for water affairs in instances of discharge of effluent into an estuary.[subsection (1) substituted by section 40(b) of Act 36 of 2014]

(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 consultation with the Minister responsible for water affairs.

(3)Any person who wishes to discharge effluent into coastal waters in circumstances that are not authorised under a general discharge authorisation referred to in subsection (2) must apply to the Department for a coastal waters discharge permit.[subsection (3) substituted by section 40(c) of Act 36 of 2014]

(4)Any person who at the commencement of this Act is discharging effluent into coastal waters and who is not authorised to do so in terms of a general discharge authorisation under subsection (2) must apply to the Department for a coastal waters discharge permit—

(a)within 24 months of the date of commencement of this Act if the discharge is in terms of a licence or authorisation under the National Water Act; or

(b)within 36 months of the date of commencement, of this Act if the discharge is a continuation of an existing lawful water use within the meaning of section 32 or 33 of the National Water Act.

[subsection (4) amended by section 40(d) of Act 36 of 2014]

(5)Unless a person referred to in subsection (4) is directed otherwise by a person 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)(a) or (b) has not yet expired.

(6)A person who discharges effluent into coastal waters—

(a)must not waste water;

(b)may only do so to the extent that it is not reasonably practicable to return any freshwater in that effluent to the water resource from which it was taken;

(c)must discharge the effluent subject to any condition contained in the relevant authorisation;

(d)must comply with any applicable waste standards or water management practices prescribed under this Act or under section 29 of the National Water Act or any Act of Parliament specifically dealing with waste, unless the conditions of the relevant authorisation provide otherwise; and

(e)must register the discharge with the department responsible for water affairs.

(7)The Minister, and in instances of discharge of effluent into an estuary, with the concurrence of the Minister responsible for water affairs, must, when deciding whether or not to issue a general discharge authorisation contemplated in subsection (2) or to grant an application for a coastal waters discharge permit, take into account all relevant factors, including—

(a)the interests of the whole community;

(b)the socio-economic impact if the disposal—

(i)is authorised;

(ii)is not authorised;

(c)the coastal management programmes and estuarine management plans applicable in the area;

(d)the likely impact of the proposed disposal on the coastal environment, including, the cumulative effect of its impact together with those of existing point and non-point discharges.

(e)the Republic's obligations under international law;

(f)the factors listed in section 27 of the National Water Act; and

(g)any other factors that may be prescribed.

[subsection (7) substituted by section 40(e) of Act 36 of 2014]

(8)The Minister may not grant an application in terms of subsection (3) for a coastal waters discharge permit if doing so is likely—

(a)to cause irreversible or long-lasting adverse effects that cannot satisfactorily be mitigated;

(b)to prejudice significantly the achievement of any coastal management objective contained in a coastal management programme; or

(c)to be contrary to the interests of the whole community.

(9)

(a)The Director-General must within five years of the date of commencement of this Act—

(i)review all authorisations issued before the commencement of this Act that authorise the discharge of effluent into coastal waters; and

(ii)in consultation with the director-general of the department responsible for water affairs undertake a joint review of all authorisations issued before the commencement of this Act that authorised the discharge of effluent into estuaries, in order to determine the extent to which those authorisations comply with the requirements of this Act and of other applicable legislation.

(b)After any such review the Director-General must make recommendations to the Minister and to the Minister responsible for water affairs as to whether or not—

(i)the discharge should be prohibited;

(ii)in the case of a discharge into the sea, whether or not a permit should be issued under subsection (1);

(iii)in the case of a discharge into an estuary, whether or not the discharge should be authorised in terms of a permit issued under subsection (1) and a permit issued under the National Water Act.

(10)The Minister, and in instances where the discharge takes place into an estuary, with the concurrence of the Minister responsible for water affairs, must as soon as possible after recommendations contemplated in section (9)(b) have been received, decide whether or not to issue a permit or permits referred to in subsection (9) and the conditions that will apply to any permits issued, but before doing so, must give the holders of the authorisations a reasonable opportunity of making representations.

(11)[subsection 11 deleted by section 40(f) of Act 36 of 2014]

(12)The Minister may, when performing functions in terms of subsections (1), (7) and (10), enter into an agreement with any member of Cabinet.

[section 69 amended by section 40(a) of Act 36 of 2014]

70. Prohibition of incineration or dumping at sea

(1)Subject to subsection (2), no person may—

(a)incinerate at sea, including aboard a South African vessel, aircraft, platform or other structure, any waste or other material;[paragraph (a) substituted by section 41 of Act 36 of 2014]

(b)import into the Republic any waste or other material to be dumped or incinerated at sea, including aboard a South African vessel, aircraft, platform or other structure;[paragraph (b) substituted by section 41 of Act 36 of 2014]

(c)export from the Republic any waste or other material to be dumped or incinerated—

(i)on the high seas; or

(ii)in an area of the sea under the jurisdiction of another state;

(d)load any waste or other material to be dumped or incinerated at sea onto any vessel, aircraft, platform or other structure at any place in the Republic, including the exclusive economic zone, unless the master of the vessel, aircraft, platform or other structure produces written proof that the dumping at sea of that waste or other material has been authorised in terms of a dumping permit granted under section 71;

(e)except on the authority of a dumping permit granted under section 71—

(i)dump at sea any waste or other material; or

(ii)dump from a South African vessel, aircraft, platform or other structure at sea, any waste or other material; or

[paragraph (e) substituted by section 41 of Act 36 of 2014]

(f)dump from a South African vessel, aircraft, platform or other man-made structure at sea, any waste or other material in any area of the sea under the jurisdiction of another state, except with the written permission of that state.

(2)It is a defence to a charge in terms of subsection (1)(e)(i) or (ii) to show—

(a)that adverse weather conditions necessitated the dumping or incineration at sea in order to secure the safely of human life or of the vessel, aircraft, platform or structure in question; or

(b)that there was a danger to human life or a real threat to the vessel, aircraft, platform or structure in question, that there appeared to be no reasonable alternative to dumping or incineration at sea, and that it is probable that the adverse effects arising from the dumping or incineration at sea were less than would otherwise have occurred; and

(c)that in either case, the dumping or incineration at sea was conducted in a manner that minimised any actual or potential adverse effects and was reported to the Department without delay.

71. Dumping permits

(1)A person who wishes to dump at sea any waste or other material must—

(a)apply in writing to the Minister in the form stipulated by the Minister for a dumping permit that authorises the waste or other material to be loaded aboard a vessel, aircraft, platform or other structure and to be dumped at sea; and

(b)pay the prescribed fee.

(2)When deciding an application for a dumping permit contemplated in subsection (1), the Minister must have regard to—

(a)the Waste Assessment Guidelines set out in Schedule 2;

(b)any coastal management programme applicable in the area;

(c)the likely environmental impact of the proposed activity;

(d)national legislation dealing with waste;

(e)the interests of the whole community;

(f)transboundary impacts and international obligations and standards; and

(g)any other factors that may be prescribed.

(3)The Minister may not grant a dumping permit that authorises the dumping of any waste or other material, other than—

(a)dredged material;

(b)sewage sludge;

(c)fish waste, or material resulting from industrial fish processing operations;

(d)vessels and platforms or other man-made structures at sea;

(e)inert, inorganic geological material;

(f)organic material of natural origin;[paragraph (f) amended by section 42(a) of Act 36 of 2014]

(g)bulky items primarily comprising iron, steel, concrete and similarly non-harmful materials for which the concern is physical impact, and limited to those circumstances where such wastes are generated at locations, such as small islands with isolated communities, having no practicable access to disposal options other than dumping at sea; or[paragraph (g) amended by section 42(a) of Act 36 of 2014]

(h)waste or other material which may be prescribed.[paragraph (h) added by section 42(a) of Act 36 of 2014]

(4)The Minister may not issue a dumping permit if—

(a)the waste or other material proposed for dumping contains—

(i)levels of radioactivity greater than as defined by the International Atomic Energy Agency and adopted by the contracting parties to the Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter adopted on 7 November 1996; or

(ii)material which is capable of creating floating debris or otherwise contributing to the pollution of the marine environment and which could be removed from the material proposed for dumping;

(b)dumping the waste or other material in question—

(i)is likely to cause irreversible or long-lasting adverse effects that cannot satisfactorily be mitigated;

(ii)would cause a serious obstacle to fishing or navigation;

(iii)would prejudice the achievement of any coastal management objective contained in a coastal management programme;

(iv)would be contrary to the obligations of the Republic under international law; or

(v)would be contrary to the interests of the whole community.

(5)The Minister, may issue a dumping permit for a period of not more than five years whereafter a new application must be made.[subsection (5) substituted by section 42(b) of Act 36 of 2014]

72. Emergency dumping at sea

(1)The Minister may in relation to any application for a dumping permit referred to in section 71 dispense with any prescribed procedure, including any consultation and public participation processes, if—

(a)the dumping at sea of a quantity of any particular waste or other material is necessary to avert an emergency that poses an unacceptable risk to the environment or to human health or safety; and

(b)there is no other feasible solution.

(2)Before issuing a permit in the circumstances contemplated in subsection (1), the Minister must consult with—

(a)any foreign state that is likely to be affected by the proposed dumping at sea; and

(b)the International Maritime Organisation.

(3)The Minister must—

(a)as far as reasonably possible in the circumstances, follow any recommendations received from the International Maritime Organisation when imposing permit conditions regarding the procedures to be followed in conducting the loading or dumping at sea of the relevant quantity of waste or other material; and

(b)inform the International Maritime Organisation of any action taken under this section within a reasonable period thereafter.

73. National action list

(1)The Minister must progressively and subject to available resources, develop a national action list to provide a mechanism for screening waste and other material on the basis of their potential effect on human health and the marine environment.

(2)The national action list must—

(a)be developed in accordance with the Waste Assessment Guidelines set out in Schedule 2; and

(b)contain the prescribed information.

Chapter 9
***

[chapter 9 repealed by section 60 of Act 2 of 2022]

74. ***

[section 74 amended by section 43 of Act 36 of 2014 and repealed by section 60 of Act 2 of 2022]

75. ***

[section 75 repealed by section 60 of Act 2 of 2022]

76. ***

[section 76 repealed by section 60 of Act 2 of 2022]

77. ***

[section 77 repealed by section 60 of Act 2 of 2022]

78. ***

[section 78 repealed by section 60 of Act 2 of 2022]

Chapter 10
Enforcement

79. Offences

(1)A person is guilty of a category one offence if that person—

(a)discharges effluent originating from a source on land into coastal waters in contravention of section 69;

(b)incinerates at sea any waste or material in contravention of section 70;

(c)loads, imports or exports any waste or other material to be dumped or incinerated at sea in contravention of section 70;

(d)dumps any waste at sea in contravention of section 70;

(e)dumps any waste or other material at sea without a dumping permit in contravention of section 70;

(f)alters any authorisation;

(g)fabricates or forges any document for the purpose of passing it off as an authorisation;

(h)passes off, uses, alters or has in possession any altered or false document purporting to be a coastal authorisation;[paragraph (h) substituted by section 44(a) of Act 36 of 2014]

(i)makes any false statement or report, for the purpose of obtaining or objecting to an authorisation;[paragraph (i) amended by section 44(b) of Act 36 of 2014]

(j)reclaims land from coastal waters without authorisation of the Minister in terms of sections 7B and 7C;[paragraph (j) added by section 44(b) of Act 36 of 2014]

(k)utilises reclaimed land in contravention of sections 7B and 7C;[paragraph (k) added by section 44(b) of Act 36 of 2014]

(l)charges fees in contravention of section 13(3)(a) and (b);[paragraph (l) added by section 44(b) of Act 36 of 2014]

(m)conducts an activity that is prohibited in terms of section 65(1)(a)(i);[paragraph (m) added by section 44(b) of Act 36 of 2014]

(n)fails to comply with a verbal directive issued by the Minister or MEC in terms of section 92(1); or[paragraph (n) added by section 44(b) of Act 36 of 2014]

(o)fails to comply with section 96(1).[paragraph (o) added by section 44(b) of Act 36 of 2014]

(2)A person is guilty of a category two offence if that person—

(a)fails to comply with a repair and removal notice issued in terms of section 60;

(b)hinders or interferes with a duly authorised person exercising a power or performing a duty in terms of this Act;[paragraph (b) amended by section 44(c) of Act 36 of 2014]

(c)knowingly falsely represents that he or she is a person authorised to exercise powers in terms of this Act;

(d)constructs, maintains or extends any structure, or takes other measures on coastal public property to prevent or promote erosion or accretion of the seashore in contravention of section 15(2);[paragraph (d) added by section 44(c) of Act 36 of 2014]

(e)fails to comply with a coastal protection notice or access notice issued in terms of section 59;[paragraph (e) added by section 44(c) of Act 36 of 2014]

(f)conducts an activity without a coastal authorisation required in terms of this Act;[paragraph (f) added by section 44(c) of Act 36 of 2014]

(g)fails to comply with the conditions of a coastal authorisation;[paragraph (g) added by section 44(c) of Act 36 of 2014]

(h)fails to comply with section 95(1);[paragraph (h) added by section 44(c) of Act 36 of 2014]

(i)allows any other person to do, or to omit to do, anything which is an offence in terms of paragraph (a), or (c) to (h);[paragraph (i) added by section 44(c) of Act 36 of 2014]

(j)prevents access to coastal public property in contravention of section 13(1A); or[paragraph (j) added by section 44(c) of Act 36 of 2014]

(k)contravenes any other provision of this Act which is not referred to in subsections (1) or (2).[paragraph (k) added by section 44(c) of Act 36 of 2014]

(3)[subsection (3) deleted by section 44(d) of Act 36 of 2014]

(4)[subsection (4) deleted by section 44(d) of Act 36 of 2014]

80. Penalties

(1)A person who is convicted of a category one offence referred to in section 79(1) may be sentenced to a fine of up to R5 000 000 or to imprisonment for a period of up to ten years, or to both such fine and imprisonment.

(2)A person who is convicted of a category two offence referred to in section 79(2) may be sentenced on a first conviction for that offence to a fine of up to R2 000 000 or to imprisonment or community service for a period of up to five years, or to both such fine and imprisonment or community service.

(3)[Omitted]

(4)A person who is convicted of a category two offence may be sentenced on a second or subsequent conviction for that offence as if he or she has committed a category one offence.

(5)A court that sentences any person—

(a)to community service for an offence in terms of this Act must impose a form of community service which benefits the coastal environment, unless it is not possible to impose such a sentence in the circumstances;

(b)for any offence in terms of this Act, may suspend, revoke or cancel a coastal authorisation granted to the offender under this Act.

(6)If a person is found guilty of an offence in the High Court, the penalty limitations in subsections (1), (2) and (4) do not apply a higher penalty may be imposed.

[section 80 substituted by section 45 of Act 36 of 2014]

81. Jurisdiction of courts

(1)Any act or omission in contravention of any of the provisions of this Act which is committed—

(a)by any person in, on or above coastal waters;

(b)outside coastal waters by any citizen of the Republic or any person ordinarily resident in the Republic; or

(c)by any person on board any South African vessel,

shall be dealt with and judicial proceedings taken as if such act or omission had taken place in the territory of the Republic.

(2)Any offence in terms of this Act shall, for purposes in relation to jurisdiction of a court to try the offence, be deemed to have been committed within the area of jurisdiction of the court in which the prosecution is instituted.

[section 81 substituted by section 46 of Act 36 of 2014]

82. Actions in relation to coastal zone

The Minister, an MEC or a municipality concerned may—

(a)institute legal proceedings or take other appropriate measures—

(i)to prevent damage, or recover damages for harm suffered to coastal public property or the coastal environment; or

(ii)to abate nuisances affecting the rights of the public in its use and enjoyment of coastal public property; and

(b)accept service of legal processes and defend any legal proceedings instituted in connection with coastal public property.

Chapter 11
General powers and duties

Part 1 – Regulations

83. Regulations by Minister

(1)The Minister may make regulations relating to any matter which this Act requires to be dealt with in regulations or that may be necessary to facilitate the implementation of this Act, including, hut not limited to, regulations relating to—

(a)the implementation and enforcement of the national coastal management programme;

(b)the sustainable use of coastal resources in order to address poverty in communities dependent on coastal resources for their livelihood;

(c)the sustainable use of coastal resources;

(d)coastal public property, including regulations concerning—

(i)public access to coastal public property;

(ii)the rehabilitation of coastal public property;

(iii)fees, costs and rents for the use of coastal public property; and

(iv)research conducted within, or in respect of, coastal public property;

(e)the type and formal of data to be submitted to the Department or other organs of state for the purposes of monitoring the coastal environment and the implementation of this Act or maintaining a coastal information system;

(f)the establishment of national norms, standards and frameworks to implement this Act, including systems, guidelines, protocols, procedures, standards and methods, concerning—

(i)the content and regular revision of the coastal management programmes of provinces and municipalities;

(ii)the implementation and enforcement of coastal management programmes;

(iii)the monitoring of the implementation of coastal management programmes and the performance of any functions contemplated in this Act, including indicators to evaluate effectiveness and progress;

(iv)the amendment of coastal planning schemes;

(v)the quality of coastal public property and coastal ecosystems;

(vi)the factors that must be taken into account when deciding applications;

(vii)the circumstances in which exemption may be given from compliance with a coastal management programme;

(viii)the uses of the coastal zone that do not conform with the relevant coastal planning scheme;

(ix)the outcomes that must be achieved by managing and treating all or any category of effluent, discharges from storm-water drains, or waste or other material, before it is discharged or deposited on or in coastal public property or in a place within the coastal zone from where it is likely to enter coastal public property, including those relating to the kind, quantity and characteristics of effluent, waste or other material that may be discharged or deposited;

(x)who should monitor and analyse effluent, waste or other material referred to in subparagraph (ix) and the methods that should be used to do so;

(xi)the appointment, training, powers and supervision of voluntary coastal officers;

(xii)public safely and behaviour on coastal public property; or

(xiii)any activity which has an adverse effect on the coastal environment.

(g)the procedures to be followed with the lodging and consideration of applications for coastal authorisations, including—

(i)the conditions with which applicants must comply before or after the lodging of their applications;

(ii)the application fees to be paid;

(iii)the authorities that will be competent to issue the different categories of coastal authorisations;

(iv)the consultation procedures to be followed with organs of state and other interested and affected parties;

(v)the authorities whose consent is required before coastal authorisations may be issued; and

(vi)the procedures for objecting to such applications;

(vii)the powers of issuing authorities when considering and deciding such applications;

(viii)the factors that must be taken into account when deciding applications;

(ix)the circumstances in which applications must be refused or may be approved and guidelines as to the conditions on which permits may or must be issued; and

(x)the process to be followed for the award of coastal authorisations;

[paragraph (g) substituted by section 47(a) of Act 36 of 2014]

(h)the contents of coastal authorisations;[paragraph (h) substituted by section 47(b) of Act 36 of 2014]

(i)the giving of security in respect of any obligation that may arise from carrying out activities authorised by coastal authorisations, and the form of such security;[paragraph (i) substituted by section 47(b) of Act 36 of 2014]

(j)the procedure to be followed in connection with the lodging and consideration of appeals in terms of Chapter 9, including—

(i)the fees to be paid;

(ii)the conditions with which appellants must comply before or after the lodging of their appeals;

(iii)[Omitted]

(iv)the circumstances in which a temporary stay may be granted in the carrying out of notices in terms of section 59 or 60, or an amendment, revocation, suspension or cancellation of coastal authorisations in terms of section 68;

[paragraph (j) substituted by section 47(b) of Act 36 of 2014]

(k)methods, procedures and conditions of enforcing compliance with coastal authorisations;[paragraph (k) substituted by section 47(b) of Act 36 of 2014]

(l)the issuing and contents of notices to persons who have contravened or failed to comply with—

(i)a provision of this Act;

(ii)a coastal management programme; or

(iii)a condition of a coastal authorisation;

[paragraph (l) substituted by section 47(b) of Act 36 of 2014]

(m)training, education and public awareness programmes on the protection, conservation and enhancement of the coastal environment and the sustainable use of coastal resources;

(n)the presence and use of vehicles and aircraft within the coastal zone;

(o)the presence and recreational use of vessels on coastal waters;

(p)the seizing, removal and disposal of vehicles, vessels, aircraft or property suspected of being used in the commission of an offence under this Act and of coastal resources suspected of having been illegally obtained;

(q)methods, procedures and conditions for obtaining access to relevant information, including entry to private property; and

(r)the issuing and contents of coastal authorisations.[paragraph (r) substituted by section 47(c) of Act 36 of 2014]

(2)The Minister must obtain the consent of the Minister of Finance before making any regulation that—

(a)will email the expenditure of funds in future years; or

(b)prescribes application fees for, or other monies in relation to, dumping permits or coastal waters discharge permits.

(3)The Minister must consult with—

(a)the Minister of Finance before making any regulations imposing fees, costs or rents;

(b)the Minister responsible for water affairs before making any regulations concerning estuaries; or

(c)the MEC and municipalities before making any regulations concerning the coastal zone within that province.

84. Regulations by MECs

(1)The MEC of a province may, after consultation with the Minister, make regulations that are consistent with any national norms or standards that may have been prescribed, relating to—

(a)the implementation and enforcement of the coastal management programme of the province;

(b)the management of the coastal protection zone within the province;

(c)the use of coastal public property for recreational purposes;

(d)the impounding, removal and disposal of vehicles, vessels, aircraft or property found abandoned on coastal public property;

(e)coastal management lines, including the granting of permission for the erection, placing, alteration or extension of a structure that is wholly or partially seaward of a coastal management line and the process to be followed for acquiring such permission, including the authority by whom, the circumstances in which and the conditions on which such permission may be given;[paragraph (e) substituted by section 48(a) of Act 36 of 2014]

(f)the implementation within the province of any national norm, framework or standard referred to in section 83(1)(f);

(g)the management of special management areas; or

(h)any other matter referred to in section 83(1), other than in paragraph (f) of that section, that may be necessary to facilitate the implementation of this Act in the province.

(2)Any regulation which will entail the expenditure of funds in future years may be made only with the concurrence of the MEC responsible for finance in the province.

(3)The Minister, after consultation with the relevant MEC, must make regulations in terms of subsections (1)(b), (c), (d) and (e), if such regulations relate to any part of an area that—

(a)is a national protected area as defined in the Protected Areas Act;

(b)straddles a coastal boundary between two provinces; or

(c)extends up to, or straddles, the borders of the Republic.

[subsection (3) added by section 48(b) of Act 36 of 2014]

85. General provisions applicable to regulations

(1)The Minister or MEC must publish draft regulations for public continent and must take any submissions received into account before making any regulations in terms of sections 83 or 84.

(2)Subsection (1) need not be applied in the case of a minor or a mere technical amendment to regulations.

(3)Regulations made in terms of section 83 or 84 may—

(a)restrict, prohibit or control any act that may have an adverse effect on the coastal environment, either absolutely or conditionally;

(b)apply generally—

(i)throughout the Republic or province, as the case may be, or only in a specified area or category of areas;

(ii)to all persons or only to a specified category of persons;

(iii)to all prohibited activities or only to a specified activity or category of activities; or

(iv)to all types of waste or other materials or only to specified waste or other material or a category of waste or other material;

(c)differentiate between different—

(i)areas or categories of areas;

(ii)persons or categories of persons;

(iii)activities or categories of activities; or

(iv)types of wastes or other materials or categories of types of waste or other materials;

(d)provide that any person who contravenes or fails to comply with a provision thereof is guilty of an offence and liable on conviction to—

(i)imprisonment for a period not exceeding five years;

(ii)an appropriate fine not exceeding R2 million; or

(iii)both such fine and imprisonment.

[paragraph (d) substituted by section 49 of Act 36 of 2014]

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 MEC

[heading substituted by section 50 of Act 36 of 2014]

87. ***

[section 87 repealed by section 51 of Act 36 of 2014]

88. Directives by MEC to municipalities

(1)An MEC may in writing direct a municipality to take specified measures if the MEC is satisfied that the municipality is not taking adequate measures to—

(a)prevent or remedy adverse effects on the coastal environment;

(b)adopt or implement a municipal coastal management programme; or

(c)give effect to the provincial coastal management programme.

(2)The MEC may not issue a directive under subsection (1) without first consulting with the municipality and giving it a reasonable opportunity to make representations.

(3)If the municipality does not comply with a directive under subsection (1) the MEC may use any powers granted to the MEC under this Act to take measures to prevent or remedy adverse effects on the coastal environment, to implement or monitor compliance with provincial norms and standards, or to give effect to the provincial coastal management programme.

Part 3 – Delegations and enforcement

89. Delegation by Minister

(1)The Minister may delegate any power or duty assigned to the Minister in terms of this Act to—

(a)the Director-General or to other officials in the Department;

(b)an MEC by agreement with that MEC; or

(c)any other organ of state, statutory functionary, traditional council or management authority of a special management area, by agreement with that organ of state, statutory functionary, traditional council or management authority.

(2)A delegation in terms of subsection (1)—

(a)is subject to any limitations, conditions and directions the Minister may impose;

(b)is subject to consultation with the relevant MEC if the organ of state to whom the power or duty is delegated is a municipality;

(c)must be in writing;

(d)may include the power to subdelegate; and

(e)does not divest the Minister of the responsibility concerning the exercise of the power or the performance of the duty.

(3)The Minister must give notice in the Gazette of any delegation of a power or duty to an MEC an organ of state, a statutory functionary, a traditional council or a management authority of a special management area.

(4)The Minister may confirm, vary or revoke any decision made taken in consequence of a delegation or subdelegation in terms of a provision of this Act or of a statute repealed by this Act.

(5)The Minister—

(a)may not delegate a power or duty vested in the Minister—

(i)to make regulations; or

(ii)to publish notices in the Gazette; and

(b)may withdraw by notice in writing any delegation made in terms of a provision of this Act.

[subsection (5) substituted by section 52 of Act 36 of 2014]

90. Enforcement by Minister

(1)The Minister may in writing request an MEC to take specified measures if the Minister is satisfied that the MEC is not taking adequate measures to—

(a)prevent or remedy adverse effects on coastal public property;

(b)implement or monitor compliance with national norms and standards;

(c)give effect to the national coastal management programme; or

(d)establish coastal management lines.[paragraph (d) substituted by section 53 of Act 36 of 2014]

(2)If the MEC does not comply with a request under subsection (1) the Minister may exercise any powers given to the MEC by this Act in order to take any measures referred to in the request, including the power—

(a)to issue coastal protection or coastal access notices and repair and removal notices delegated to the MEC in terms of sections 59 and 60, respectively;

(b)to take measures and to recover costs in terms of section 61; and

(c)to allow temporary occupation of land within the coastal zone and to take other measures in terms of section 67.

(3)The Minister may not take any measures under subsection (2) without first consulting with the MEC and giving the MEC a reasonable opportunity to make representations.

91. Delegation by MECs

(1)An MEC may delegate any power or duty assigned or delegated Io him or her in terms of this Act to—

(a)the head of the provincial lead agency;[paragraph (a) amended by section 54 of Act 36 of 2014]

(b)any other organ of state, a statutory functionary, a traditional council or a management authority of a special management area, by agreement; or[paragraph (b) amended by section 54 of Act 36 of 2014]

(c)an official within the MEC's department.[paragraph (c) added by section 54 of Act 36 of 2014]

(2)A delegation in terms of subsection (1)—

(a)is subject to any limitations, conditions and directions that the MEC may impose;

(b)must be in writing;

(c)may include the power to subdelegate; and

(d)does not divest the MEC of the responsibility concerning the exercise of the power or the performance of the duty.

(3)The MEC may confirm, vary or revoke any decision taken as a consequence of a delegation or subdelegation in terms of this section.

(4)The MEC—

(a)may not delegate a power or duty vested in the MEC—

(i)to make regulations; or

(ii)to publish notices in the Gazette; or

(iii)to appoint the members of the Provincial Coastal Committee contemplated in section 39; and

(b)may withdraw any delegation by notice in writing.

Part 4 – General matters

92. Urgent action by Minister or MEC

[heading substituted by section 55(a) of Act 36 of 2014]

(1)The Minister or MEC may issue a verbal directive to any responsible person to stop an activity if such activity poses—

(a)an immediate risk of serious danger to the public or property; or

(b)an immediate risk of serious damage, or potentially significant detriment, to the environment.

[subsection 1 amended by section 55(b) of Act 36 of 2014]

(2)Subject to subsection (3), a verbal directive contemplated in subsection (1) must be confirmed in writing at the earliest opportunity, which must be within seven days.

(3)When issuing a verbal directive contemplated in subsection (1), the provisions of section 59(1) and (4) or 60(1) and (4) apply with the necessary changes.[subsection (3) substituted by section 55(c) of Act 36 of 2014]

93. Information and reporting on coastal matters

(1)The Minister must progressively, and within the available resources of the Department, make sufficient information available and accessible to the public concerning the protection and management of the coastal zone to enable the public to make an informed decision of the extent to which the State is fulfilling its duty in terms of section 3.

(2)The MEC must—

(a)prepare a report on the state of the coastal environment in the province every four years, which must contain any information prescribed by the Minister;

(b)update the report once applicable information pertaining to the coastal environment under the jurisdiction of the MEC becomes available; and

(c)submit the report and every update to the Minister.

(3)The Minister must prepare and regularly update a national report on the state of the coastal environment, which must include—

(a)information from provincial reports submitted to the Minister in terms of subsection (2); and

(b)a review on the status of each pipeline that discharges effluent into coastal waters in terms of section 69 and its impact on the coastal environment and progress on any other national responsibilities in this Act.

[subsection (3) substituted by section 56 of Act 36 of 2014]

94. Co-ordination of actions between provinces and municipalities

The MEC must—

(a)liaise with coastal municipalities in the province to co-ordinate actions taken in terms of this Act by provincial organs of state in the province with actions taken by municipalities; and

(b)monitor compliance by such municipalities with this Act.

94A. Exemptions

(1)The Minister may in writing exempt any person or group of persons or organ of state from a provision of this Act, provided that such exemption does not conflict with the objects of the Act.

(2)An exemption granted in terms of subsection (1) may—

(a)be subject to conditions;

(b)be subject to payment of a fee; and

(c)be amended or cancelled at any time by the Minister.

(3)Before making a decision in terms of this section, the Minister must consult with any organ of state that may be affected by such decision.

[section 94A inserted by section 57 of Act 36 of 2014]

Chapter 12
Miscellaneous matters

Part 1 – Transitional provisions

95. Existing leases on, or rights to, coastal public property

(1)In order to enable the Minister to establish the nature and extent of existing uses within the coastal zone, the holder of a lease or right in terms of the Sea-shore Act, 1935 (Act No. 21 of 1935), or a lease within the admiralty reserve must, within 12 months of the commencement of this section, provide the Minister with a copy of the lease concluded in terms of the Sea-shore Act.

(2)If a lease under the Sea-Shore Act—

(a)relates to an activity that is not listed in terms of section 65(1)(a), that lease is no longer required and therefore lapses, and the activity may continue;

(b)relates to an activity which is prohibited by notice in terms of section 65(1)(a)(i), that activity must stop within a period of 180 days from the date of publication of such notice; or

(c)relates to an activity requiring a permit in terms of section 65(1)(a)(ii) application must be made for a coastal use permit in terms of section 65(3) within a period of 180 days of the publication of the notice listing such activities.

(3)If an application for a coastal use permit contemplated in subsection 2(c) is refused, that activity must stop within a period of 180 days of receipt of the refusal.

(4)Unless a person referred to in subsection (2)(c) is directed otherwise by a person acting in terms of this Act, it is not an offence for that person to continue with the activity if that person makes an application for a permit under section 65(3)(a) within 180 days as contemplated in subsection (2)(c) but has not yet been notified whether the application has been granted or refused.

[section 95 substituted by section 58 of Act 36 of 2014]

96. Unlawful structures on coastal public property

(1)A person who, before this section took effect, had unlawfully constructed a building or other structure on coastal public property or who, when this section took effect, occupied a building or other structure unlawfully built on coastal public property must—

(a)within 180 days of the publication of the Gazette notice contemplated in section 65(1)(a)(ii), apply for a coastal use permit if the activity is listed in terms of section 65(1)(a)(ii); or

(b)within 180 days of the publication of the Gazette notice contemplated in section 65(1)(a)(i), demolish the building or structure and as far as reasonably possible, restore the site to its condition before the building or other structure was built, if the activity is prohibited in terms of section 65(1)(a)(i); and must notify the Department with proof of such demolition and restoration.

(2)If a person referred to in subsection (1) applies for a coastal use permit in accordance with section 65(3)(a) and the application is refused by the Minister, that person must demolish the building or structure and, within a reasonable period, as determined by the Minister when refusing the application, as far as reasonably possible restore the site to its condition before the building or other structure was built.

(3)If a person who in terms of subsection (1) or (2) is obliged to demolish the building or structure and to restore the site to its original condition, fails to do so within the period specified in subsection (1)(b) or specified by the Minister in subsection (2), the Minister may, under section 60, issue a written repair or removal notice to that person.

(3A)If appropriate, before issuing a notice as contemplated in subsection (3), the Minister must consider the effect this may have on the elderly, children, disabled persons and households headed by women, particularly in low-income households.

(4)This section does not affect—

(a)any legal proceedings that commenced prior to the commencement of this section to enforce any prohibition or restriction on construction or other activities in terms of any other law; or

(b)any legal proceedings instituted after the commencement of this Act to enforce any notice served prior to the commencement of this section that required the addressee to vacate or demolish any building or structure that was constructed unlawfully.

[section 96 substituted by section 59 of Act 36 of 2014]

97. ***

[section 97 repealed by section 60 of Act 36 of 2014]

97A. Withdrawal of previous exclusions

Any exclusion of an area from coastal public property in terms of section 27, prior to the repeal of that section, shall be of no force and effect and shall remain coastal public property to the extent defined in section 7.[section 97A inserted by section 61 of Act 36 of 2014]

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

(1)Subject to section 6 any regulation made in terms of a provision repealed under section 98 remains valid to the extent that it is consistent with this Act and shall be regarded as having been made in terms of this Act.

(2)Anything else done in terms of legislation repealed in terms of section 98 which can or must be done in terms of this Act must be regarded as having been done in terms of this Act.

Part 2 – General

100. Limitation of liability

Neither the State nor any other person is liable for any damage or loss caused by—

(a)the exercise of any power or the performance of any duty in terms of this Act; or

(b)the failure to exercise any power or perform any duty in terms of this Act, unless the exercise of or failure to exercise the power, or performance or failure to perform the duty, was unlawful, negligent or in bad faith.

101. Short title and commencement

This Act is called the National Environmental Management: Integrated Coastal Management Act, 2008, and takes effect on a date or dates determined by the President by proclamation in the Gazette.[section 101 substituted by section 62 of Act 36 of 2014]

Schedule 1 (Section 98)

Laws repealed

Number and year	Short title	Extent of repeal or amendment of the law
Act No. 21 of 1935	Sea-shore Act, 1935	Repeal of the whole, to the extent that it has not been assigned to provinces.
Act No. 73 of 1980	Dumping at Sea Control Act, 1980	Repeal of the whole.

Schedule 2 (Section 71)

Guidelines for the assessment of wastes or other material that may be considered for dumping at sea ("the Waste Assessment Guidelines")

1.GeneralThis Schedule sets out guidelines for reducing the necessity for dumping at sea in accordance with Schedule II to the Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matters adopted on 7 November 1996.

2.Waste prevention auditThe initial stages in assessing alternatives to dumping at sea should, as appropriate, include an evaluation of—

(a)the types, amounts and relative hazard of wastes generated;

(b)details of the production process and the sources of wastes within that process; and

(c)the feasibility of the following waste reduction or prevention techniques;

(i)product reformulation;

(ii)clean production technologies;

(iii)process modification;

(iv)input substitution; and

(v)on-site, closed-loop recycling.

3.In general terms, if the required audit reveals that opportunities exist for waste prevention at its source, an applicant for a permit is expected to formulate and implement a waste prevention strategy, in collaboration with the relevant local, provincial and national agencies, which includes specific waste reduction targets and provision for further waste prevention audits to ensure that these targets are being met. Permit issuance or renewal decisions must assure compliance with any resulting waste reduction and prevention requirements.

4.For dredged material and sewage sludge, the goal of waste management should be to identify and control the sources of contamination. This should be achieved through implementation of waste prevention strategics and requires collaboration between the relevant local, provincial and national agencies involved with the control of point and non-point sources of pollution. Until this objective is met, the problems of contaminated dredged material may be addressed by using disposal management techniques at sea or on land.

5.Consideration of waste management optionsApplications to dump wastes or other material must demonstrate that appropriate consideration has been given to the following hierarchy of waste management options, which implies an order of increasing environmental impact;

(a)re-use;

(b)off-site recycling;

(c)destruction of hazardous constituents;

(d)treatment to reduce or remove the hazardous constituents; and

(e)disposal on land, into air and in water.

6.The Minister will refuse to grant a permit if it is established that appropriate opportunities exist to re-use, recycle or treat the waste without undue risks to human health or the environment or disproportionate costs. The practical availability of other means of disposal should be considered in the light of a comparative risk assessment involving both dumping at sea and the alternatives.

7.Chemical, physical and biological propertiesA detailed description and characterisation of the waste is an essential precondition for the consideration of alternatives and the basis for a decision as to whether a waste may be dumped. If a waste is so poorly characterised that a proper assessment cannot be made of its potential impacts on health and the environment, that waste may not be dumped.Characterisation of the wastes and their constituents must take into account—

(a)origin, total amount, form and average composition;

(b)properties: physical, chemical, biochemical and biological;

(c)toxicity;

(d)persistence: physical, chemical and biological; and

(e)accumulation and biotransformation in biological materials or sediments.

8.Action listIn selecting substances for consideration in the Action List referred to in section 78, the Minister will give priority to toxic, persistent and bioaccumulative substances from anthropogenic sources (e.g. cadmium, mercury, organohalogens, petroleum hydrocarbons, and, whenever relevant, arsenic, lead, copper, zinc, beryllium, chromium, nickel and vanadium, organosilicon compounds, cyanides, fluorides and pesticides or their by-products other than organohalogens). An Action List can also be used as a trigger mechanism for further waste prevention considerations.

9.The Action List must specify an upper level and may also specify a lower level. The upper level should be set so as to avoid acute or chronic effects on human health or on sensitive marine organisms representative of the marine ecosystem. Application of an Action List will result in three possible categories of waste;

(a)wastes which contain specified substances, or which cause biological responses, exceeding the relevant upper level shall not be dumped, unless made acceptable for dumping at sea through the use of management techniques or processes;

(b)wastes which contain specified substances, or which cause biological responses, below the relevant lower levels should be considered to be of little environmental concern in relation to dumping at sea; and

(c)wastes which contain specified substances, or which cause biological responses, below the upper level but above the lower level require more detailed assessment before their suitability for dumping at sea can be determined.

10.Dump site selectionThe Minister will require at least the following information before deciding whether or not to approve a site for dumping at sea;

(a)the physical, chemical and biological characteristics of the water-column and the seabed;

(b)the location of amenities, values and other uses of the sea in the area under consideration;

(c)the assessment of the constituent fluxes associated with dumping at sea in relation to existing fluxes of substances in the marine environment;

(d)the economic and operational feasibility; and

(e)any relevant coastal management objectives.

11.Assesssment of potential effectsAssessment of potential effects should lead to a concise statement of the expected consequences of the sea or land disposal options, i.e., the "Impact Hypothesis" to provides a basis for deciding whether to approve or reject the proposed disposal option and for defining environmental monitoring requirements.

12.The assessment for dumping at sea must integrate information on waste characteristics, conditions at the proposed dump-site or dump-sites, fluxes, and proposed disposal techniques and specify the potential effects on the environment, human health, living resources, amenities and other legitimate uses of the sea. It must define the nature, temporal and spatial scales and duration of expected impacts based on reasonably conservative assumptions.

13.An analysis of each disposal option must be considered in the light of a comparative assessment of the following concerns: human health risks, environmental costs, hazards, (including accidents), economics and exclusion of future uses. If this assessment reveals that adequate information is not available to determine the likely effects of the proposed disposal option then this option may not be considered further. In addition, if the interpretation of the comparative assessment show's the dumping at sea option to be less preferable, a permit for dumping will not be given.

14.Each assessment must conclude with a statement supporting a decision to issue or refuse a permit for dumping at sea.

15.MonitoringMonitoring is used to verify that permit conditions are met—compliance monitoring—and that the assumptions made during the permit review and site selection process were correct and sufficient to protect the environment and human health—field monitoring. It is essential that such monitoring programmes have clearly defined objectives.

16.Permit and permit conditionsA decision to issue a permit will only be made if all impact evaluations are completed and the monitoring requirements are determined. The conditions of the permit must ensure, as far as practicable, that adverse effects are minimised and the benefits maximised. A dumping permit issued must contain data and information specifying—

(a)the types and sources of materials to be dumped;

(b)the location of the dump-site(s);

(c)the method of dumping at sea; and

(d)monitoring and reporting requirements

17.The Minister will review permits for dumping at sea at regular intervals, taking into account the results of monitoring and the objectives of monitoring programmes. Review of monitoring results will indicate whether field programmes need to be continued, revised or terminated and will contribute to informed decisions regarding the continuance, modification or revocation of permits. This provides an important feedback mechanism for the protection of human health and the marine environment.

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History of this document

13 March 2025 this version

Amended by National Environmental Management Laws Amendment Act, 2022

30 June 2023

Amended by National Environmental Management Laws Amendment Act, 2022

Read this version

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

Amended by National Environmental Management: Integrated Coastal Management Amendment Act, 2014

Commenced

Read this version

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

Published in Government Gazette 31884

Read this version

09 February 2009

Assented to

Cited documents 16

Act 16

1.	Constitution of the Republic of South Africa, 1996	12787 citations
2.	Local Government: Municipal Structures Act, 1998	4548 citations
3.	Local Government: Municipal Systems Act, 2000	4697 citations
4.	Deeds Registries Act, 1937	2963 citations
5.	National Environmental Management Act, 1998	2430 citations
6.	Environment Conservation Act, 1989	1411 citations
7.	National Water Act, 1998	899 citations
8.	National Environmental Management: Protected Areas Act, 2003	678 citations
9.	Expropriation Act, 1975	556 citations
10.	Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998	450 citations

Documents citing this one 221

Gazette 190

1.	Eastern Cape Provincial Gazette dated 2014-01-31 number 3071
2.	Eastern Cape Provincial Gazette dated 2014-03-24 number 3149
3.	Eastern Cape Provincial Gazette dated 2014-03-26 number 3150
4.	Eastern Cape Provincial Gazette dated 2015-03-31 number 3363
5.	Eastern Cape Provincial Gazette dated 2015-11-16 number 3549
6.	Eastern Cape Provincial Gazette dated 2016-02-01 number 3584
7.	Eastern Cape Provincial Gazette dated 2016-12-19 number 3777
8.	Eastern Cape Provincial Gazette dated 2019-07-22 number 4273
9.	Eastern Cape Provincial Gazette dated 2019-11-11 number 4343
10.	Eastern Cape Provincial Gazette dated 2021-03-08 number 4519

By-law 15

1.	Beaches By-law, 2015
2.	Coastal By-law, 2020
3.	Coastal Management By-law, 2019
4.	Coastal Management By-law, 2019
5.	Coastal Management By-law, 2021
6.	Coastal Management By-law, 2022
7.	Estuary Usage Zones By-law, 2023
8.	Estuary Usage Zones By-law, 2024
9.	Informal Trading By-law, 2014
10.	Informal Trading By-law, 2022

Judgment 7

1.	Abbott v Overstrand Municipality and Others (99/2015) [2016] ZASCA 68 (20 May 2016)	3 citations
2.	National Society for the Prevention of Cruelty to Animals v Minister of Justice and Constitutional Development and Another [2016] ZACC 46 (8 December 2016)	4 citations
3.	Minister of Mineral Resources and Energy and Others v Sustaining the Wild Coast NPC and Others (351/2023; 58/2023; 71/2023) [2024] ZASCA 84 (3 June 2024)	3 citations
4.	City of Cape Town v Carelse and Others (296/2019) [2020] ZASCA 117 (1 October 2020)	2 citations
5.	Dinwa v Director of Public Prosecution and Another (3176/2018) [2023] ZAECMHC 57 (1 November 2023)
6.	Sustaining the Wild Coast NPC and Others v Minister of Mineral Resources and Energy and Others (3491/2021) [2022] ZAECGHC 45 (1 September 2022)
7.	Umfolozi Sugar Planters Limited and Others v Isimangaliso Wetland Park Authority and Others (7942/2015) [2017] ZAKZDHC 17 (21 April 2017)

Act 4

1.	Western Cape Biosphere Reserves Act	3 citations
2.	Upstream Petroleum Resources Development Act, 2024	1 citation
3.	Eastern Cape Environmental Management Act, 2024
4.	Western Cape Biodiversity Act, 2021

Government Notice 4

1.	Directions Regarding Measures to Address, Prevent and Combat the Spread of COVID-19 Relating to the Freshwater and Marine Fishing Sectors
2.	Directions Regarding Measures to Address, Prevent and Combat the Spread of COVID-19 Relating to the Freshwater and Marine Fishing Sectors (Alert Level 3)
3.	Disaster Management Act: Regulations relating to COVID-19
4.	Integrated Coastal Management Appeal Regulations, 2016

Provincial Notice 1

1.	Western Cape Land Use Planning Regulations, 2015	3 citations

Subsidiary legislation

Title
Integrated Coastal Management Appeal Regulations, 2016 Repealed Environment, Climate and Wildlife	Government Notice R815 of 2016	Environment, Climate and Wildlife

National Environmental Management: Integrated Coastal Management Act, 2008

Act 24 of 2008

National Environmental Management: Integrated Coastal Management Act, 2008

Collections

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National Environmental Management: Integrated Coastal Management Act, 2008

Act 24 of 2008

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4. Application of Act

5. Application of National Environmental Management Act

6. Interpretation and conflicts with other legislation

Chapter 2Coastal zone

Part 1 – Coastal public property

7. Composition of coastal public property

7A. Purpose of coastal public property

7B. Reclamation of land for state infrastructure

7C. Reclamation of land for purposes other than state infrastructure

8. Extending coastal public property

9. Acquisition of private land by State

10. ***

11. Ownership of coastal public property

12. State public trustee of coastal public property

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

Part 3 – Coastal access land

18. Designation of coastal access land

19. Process for designating and withdrawing designation of coastal access land

20. Responsibilities of municipalities with regard to coastal access land

Part 4 – Coastal waters

21. Control and management of coastal waters

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 management lines

25. Establishment of coastal management lines

Chapter 3Boundaries 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

30. Entry onto land

31. Marking coastal boundaries on zoning maps

32. Endorsements by Registrar of Deeds

Chapter 4Estuaries

33. National estuarine management protocol

34. Estuarine management plan

Chapter 5Institutional 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 6Coastal 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

Chapter 1
Interpretation, objects and application of Act

Chapter 2
Coastal zone

Chapter 3
Boundaries of coastal areas

Chapter 4
Estuaries

Chapter 5
Institutional arrangements

Chapter 6
Coastal management

Chapter 7
Protection of coastal environment

Chapter 8
Marine and coastal pollution control

Chapter 9
***

Chapter 10
Enforcement

Chapter 11
General powers and duties

Chapter 12
Miscellaneous matters