National Environmental Management: Integrated Coastal Management Act, 2008 (No. 24 of 2008)

Government Gazette REPUBLIC OF SOUTH AFRICA Vol. 524 Cape Town 11 February 2009 No. 31884 THE PRESIDENCY No. 138 11 February 2009 It is hereby notified that the President has assented to the following Act, which is hereby published for general information:– No. 24 of 2008: National Environmental Management: Integrated Coastal Management Act, 2008. AIDS HELPLINE: 0800-123-22 Prevention is the cure Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za Polity~ Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za f\o . > I 884 GOVbY'-J.\11-:NT GAZFITI:. 11 1-'EHRUARY ~009 .\l't No. 24, 20OK NATlO'.'JAL E'.'-VIRO:-SrvJENTAL '.VIA:--AGE\-1E.'H: 1:--TEGRAlED COASTAL MA!\AGFML'·H ACT, 100~ ( English ff'Xf sig11f'd h \' rl,e President.) (Assented to 9 Fehruc1rr 2009.) ACT To 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 economicall}· 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, poHution 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. PREAMBLE \VH£REAS cveryonl' has the constitutional right 10 ha,c the environment. including the coa.stal L'nvironmcnl. protected for the hl'nclit of prcscnl and furure generations: AND \\'HEREAS integrated management of the l'OW,tal wne as a system is .:sscntial to achieve the rnnstilutional cn111mi1rnent 10 improving 1hc quality of life or all citiLens. while pro1ce1ing the natural environment l<.1f the hcnelit of present and future generations: AND \VIIEREAS the coastal 1.onc is a unique part of lhe environment in which hiophysical. ecnnomic, social and institutional considerations interconnect in a manner that requires a dedicated and intcgratcd management appnial·h: A:'lD WHEREAS much of the rich natural hernagc of our coastal ,cmc 1s being squandcn:d hy overuse, degradation and inappropriatc management: AND WHEREAS the economic. social and environmental hendits of the coastal zone have heen distributed unfairly in the past: A:'lD WHEREAS the L'(mservation and sustainable Lhe of the coastal zone requires the estahfishment of an innovative legal and institul ional framework that dearly Jelines the statu~ of coaswl hind and waters and the rcspl:t'tin· roles of the public. the Staie and other users of the coastal zone and that raL·il itatcs a new co-operative and participatory appwai.:h tl) managing the coast: Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 4 No. ~1884 GOVER;-.;MEr--T GAZETTE. 11 l-'EI-\IH :ARY 2009 .\l't '-o. 24, 2008 NATlO\JAL ENVIRONMFJ\TAL f\1A\AGl-'Ml-'NT: INTEGRATED COASTAL \-IANAGEME\T /,CT. 2008 AND WHEREAS integrated coastal management should be an evolving process that learns rrom past experiences, that takes account of the l"unctioning oi' the coastal zone as a whole and that seeks co co-on.linatc and regulate the various human activities that take place in the coastal Lone in order lo achieve ilS conservation and sust.1inahle use. BE IT THEREFORE ENACTED hy the Parliament of the Republic of South Africa. as rollows: Sections I. 2. 3. 4. 5. 6. ARRANGEMENT OF SECTIONS CHAPTER 1 INTERPRETATION, OBJECTS AND APPLICATION OF ACT Definitions Objects or Act St,;te's duty co fu!Jil environmental rights in coastal environment Application of Act Application pf N:.uional Environmental Management Act Conflicts with other legislation CHAPTER 2 COASTAL ZONE Part 1 Coastal public property 7. Composition of coastal public prnpcrty 8. Extending coastal puhlic prnpcrty 9. Acquisition of private land hy State I 0. Designation nf Statc-owncJ land for i:crtain purposes 11. Ownership nf coast.ii public property 12. State publi<.: trustee of coastal public property 11. Access lo coastal public pwpcny 14. Position nf high-water mark 15. Measures affecting erosion anJ accretion Part 2 Coa.~tal protection zone 16. Composition of ctiaslal protection zone I 7. Purpose of u1astal prnteclion zone Part 3 Coastal access land IX. Designation of coastal access land 19. Prnccss for designating and withdrawing Jcsignation of coastal access land 20. Responsibilities of municipalities with regard to coastal access land 5 10 15 20 25 30 Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 6 \"o. 31884 GOVEl{NMENT GA/.1-'.TTF. 11 l ·l:HRUARY 2009 Act : . 24, 2008 N:\TIONAL ENVIRONMENTAL MANACFMENT: JNTr.(;R.-\TH) COASTAL \,\AI\AGEMENT ACT. 2008 Part 4 Coa.~tal water.~ 21. Control and management of coastal waters Part 5 Com·tal protected areas 22. Excision of rrotected areas from coastal rrntection zone Part 6 .Special management areas 23 . Declaration of special managcnH.:nt areas 24. Managtment of special management areas Part 7 Coastal set-back lines 25. btahlishrncnt of coastal set-hack lines CHAPTER 3 BOUl\"DARIES OF COASTAL AREAS 26. Determination and adjus11111:nt or coastal houndarics 27. Determining and adjusting coastal houndary of coastal pub I ic prnperty 28. Determining and adjusting coastal houndaries ol' coastal protection zunc 29. Di.:ll.:rmining and adjusting coast.LI houndarics or cuastal access land 5 10 15 30. Entry onto land 20 .1 I. Marking coastal hnundarics on zoning maps TJ Endorsements hy Registrar uf Deeds CHAPTER 4 ESTUARIES .rt l\ational estuarine management pn1tocol :q Estuarine management plans CHAPTER 5 INSTITllTIO:\1 AL ARRANGE\1ENTS Part I l'v'ational Coastal Committee 35. Establishment and runctions of National Coastal Cnmmi11ee 36. Composition of National Coastal Committee 37. Vacation or otlice and termination of memhership Part 2 Prm'incial lead agencies 38. Designation and fun et ions of provincial lead agency 25 Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 8 No.3 1884 GOVERi\MENT GAZETTE. 11 FLBRUARY 1009 Act No. 24, 2008 \ATIO'JAL ENVIRONMENTAL MANAC ,FMFNT INTEGRATED COASTAL \1A\:,'\GEMENT ACT. 2008 Part 3 Provincial Coastal Committees 39. F.stahlishmcnt and functions or Provincial Coastal Committees 40. Composition of Provincial Coastal Committees 41. Vacation of ollicc and termination of mcmhership Part 4 Municipal Coa.~tal Committees 42. Estahlishment and functions of Municipal Coastal Commi11ccs Part 5 Vi,luntary Coastal Officers 43. Voluntary coastal olliccrs CHAPTER 6 COASTAL \1ANAGEMENT Part 1 National coastal management programme 44. Preparation and adoption of national coastal management prngrammc 4:i . Contents or national coastal management programme Part 2 Provincial coastal management programmes 5 10 15 46. Preparation and adoption or provincial coastal managcrm;nt programmes 20 47. Contents of provincial coastal management programmes Part 3 Municipal coastal management programme:,; 48. Preparation and adoption or municipal coastal management programmes 49. Contents oi" municipal coastal managcrm;nt programmes 25 50. By-laws Part 4 Co-ordination and alignment of plans and coa,~tal management programmes 5 I. Alignment of ccrlain plans with coastal management programmes 52. Ensuring consistency hetween ctiastal management programmes and other ,o statutory pi.ins Part 5 Public participation 53. Consultation and puhlil· participation Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za Polity~ 10 Ne>. 1 1XK4 GOVERNME\.JT GAZFTTE. 11 FFl{IWAKY 2009 Act ~o. 24, 2008 t\ATIO'-JAL ENVIRONMF'HAL MANAGE\1ENT: INTEGRATED COASTAL MANAGE\1ENT ACT. ~OOR Part 6 Review of coa.,·tal management programmes 54. Powers of Mini ster to review coastal management programmes 55 . Review or municipal coastal management programmes Part 7 Coastal planning xchemes 56. Planning schemes for an::as within coastal zone 57 . Coastal planning and lan<l use schemes of munic ipalities CHAPTER 7 PROTECTION OF COASTAL RESOURCES Part I A~-se11sing, amiding and minimising adverse e1Ject11 5~. Duly 10 avoi<l causing adverse effects on coastal e nvironmenl 59. Coastal protection notice and coastal acces» notice 60. Rcpair or n:moval or structures within coastal zone 61. Failure 10 comply with t:enain notices Part 2 Regulation of coastal w11e 62. lmplemcntation of land use leg islation in coastal prn1cc1ion 1.onc Part 3 Environmental authorisation.~ 63 . Environmental ,Luthorisations for coastal activities 64. Minister may grant environmental authorisati on in interests of •.vlmk community Part4 Coaxtal leases and coastal conce.~sions 011 coastal public pmperty 65. ;\ward or leases and conccssi(>Os on coastal public property 66. Terms o f cnaslal leases and coastal concessions Part 5 General provisions 67. Temporary \>Ccupatilln of h111d within coastal wm: 68. Anwndmenl, n:vocat1on. suspension or cancellation nf authorisations 10 15 20 30 Polity~ B Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za Polity~ a I?. No.:11 884 COVf:RNMFNT GAZb.TTI'. 11 H,~IU:ARY 2009 Al'! No. 24, 21Hl8 NATIONAL r.NVIRON\-lr.NTAL \1ANMJE\11::NT: INTEGRATED COASTAL MAI\AGEMENT ACT. 20UK CHAPTER 8 \URINE AND COASTAL POLLUTION CONTROL 69. Discharge of cllluent inro coastal ,vaters 70. Prohihition of im:inerutinn or dumping at sca 71 . Dumping perrni1s 72. Emergency dumping at sca 7'!>. l\ational aclion list 74. J\ppeals 75. Advisnry appeal panel CHAPTER 9 APPEALS 76. lnlcrirn orders hy Minister or MEC 77. Proceedings of advisory appeal pand 78. Determination of appeal hy Minislcr or MEC CHAPTER 10 ENFORCEMENT 79. oncnces 80. Penalties 81 . Jurisdiction ofrnurts 82. Aetions in relation to coastal puhl ic property CHAPTER 11 GENERAL POWERS AND DUTIES Part I Regulations 8.~. Regulations hy Minister 84. Regulations by MECs 85. General provisions applic.ihh.: to regulations 86. Amendment l)f Schedule 2 Part 2 Powers to be exercised by Minister and M EC 87. Powers to he exercised by Minister 88. Directives by \1EC to municipalities Part 3 Delegations 89. Delegation hy Minister 90. Enforcement hy Minister 91 . Delegation hy MECs 5 10 15 20 Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za Polity~a 14 No. :Sl 8tl4 GOVl !HNMEI\T Gi\ZETTE. 11 1-EHRLAHY 2009 Ad No. 24, 2008 \ATIONAL ENVIRON\1ENTAL MANAGEMDIT: JNTEGHATED COASTAL MANAGEMEI\T ACT, 2008 Part 4 Ge11eral matters 92. Urgent action hy Minister 9:1. Information and reporting on coastal matters 94. Co-ordination of actions hetween provinces and municipalities CHAPTER 12 MISCELLANEOUS MATTERS Part I Transitional provisions 95. Existing leases on. or righ1s 10. coastal pul'llic property 96. Cnlawful structures on Cl)astal puhl ic property 97. Exis1ing lawful activities in coastal zone 98. Repcul and amendment of legislation 99. Savings 100. Limitation of liahility IO I. Short title Laws rcpeakJ and amended. Part 2 (;eneral SCHEDULE 1 SCHEDULE 2 Uuidelincs for the assessmelll of was1es or other material I hat may he cnnsickred for dumping at sea ( ·'the Waste Assessment Guidelines··). CHAPTER I INTERPRETATION. OBJECTS AND APPLICATION OF ACT Definitions I. ( 1) In this Acl. unless the context indicates otherwise 5 10 15 20 25 ''admiralty resene'' n11.:ans 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 otlkial plan. deed of grant, title deed or other document 30 evidencing title nr land-use rights as "admiralty reserve .. , "government reserve ... "beach reserve". "coastal forest reserve., or other similar reserve: ''adverse effect'' mt:ans any actual or potential impact on the environment tha1 impairs. or may impair. the environmen1 or any aspect or it lo an extent that is more than trivial or insignificant and. without limiting 1he term. includt:s ,.tny actual or 35 potential impact on the environment that results in / o / a detrimental effeu on the health or well-being of a person: Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 1(1 GOVERNMENT GA/.1,TTI'. 11 FEHRl.'ARY 2009 Acl Nu. 24, 2008 NATIONAL EKVIRONME"JTAL MANA(,E\-1ENT: JNTEGRi\TED COASTAL M/\NAGE\1ENT ACT. 2008 (h) an impairment of the ahility of any person or community to provide for their health, safety or social and economic needs: or (cj a detrimental effect on the environment due to a significant impae1 nr cumulative effect or Lhal impact taken together with other impacts: "aircraft" means an aircraft as defined in terms of section I of the National 5 Environmental Management Act: "authorisation" means an authorisation under this /\ct. and includes a coastal waters discharge permit, a general authorisalion, a dumping permit, a coastal lease. a coastal concession and any authorisation that is regarded as hcing an authorisation under this Act, hut excludes an environmental authorisation: 10 ''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 At:t: "coastal access land" means land designated as coastal access lan<l in terms of 1 .'i section 18( I), read with sect ion 26: "coastal activities" means coastal activities listed or specified in terms of Chapter 5 of the National Environmental Management At:l which take place in the: coastal zone: "coastal concession" means a t:oncession awarded in terms of sect ion 65 read 20 with section 95: "coastal environment" means the cnvirnmm:nt within the coastal 1.one: "coastal lease" means a lease awarded in terms of section 65 read v.·ith section 95: "coastal management" includes ( a) the regulation, nwnagcmcnt, protection, conservation and rehabilitation ot' the 25 coastal environment: (b) the regulation and management of the use an<l dcvelopmcnl of the coastal zone and coastal resources: ( () monitoring and enforcing compliance with laws and policies that regulate human at:tivitics within the ..:oastal wnc: and 30 (d) planning in connectinn with the ac:tivitics referred 10 in rrnragraphs (a) . (h) and (c): "coastal management objective'' means a clearly defined ohjeuive estahlishcd hy a coastal management programme ror a ~pccitic area within the coastal 1.one which rnastal management must he direded al achieving: 35 "coast.al management programme" means the national or a provincial or munit:ipal coastal management programme established in terms nr Chapter 6: ''coastal planning scheme" means a scheme that ( u) reserves defined areas within the coastal zom: 10 he used exclusivl'l y or mainly l'or specified purposes; and 40 /h) prohibits m restricts any use of these areas in conflict wilh the lcrms or 1hc scheme ; "coastal protected area" means a protcclcd area that is situated wholly or partially within the coastal zone and thal is managed hy, or on hehalf oL an organ of stale, hut excludes any part nf such a protected area that has heen excised from 45 the coaslal zone in terms ur section 22: Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 18 OOVERl\'ME'.'/T GAZETTE. 11 FEl:IRUARY 200'1 Ad No. 24, 2008 I\ATIO:'-/AL ENVIRON\1EI\TAL \fANAGF.MFNT: 11\TEGRATED COASTAL MANAGEMENT ACT. 2008 "coastal protection zone" means the coastal protection zone conternplalcd in section 17; "coastal public property" means coastal puhlic property n:li:rred 10 in section 7; "coastal resources" means any part of ( a) the cultural heritage of the Repuhlic within the coastal zone. including shdl .'i middens and trnditinnal llsh traps: or (b) the coastal environment that is of actual or poll.:nlial hcndit to humans: "coastal set-back line'' means a line dctermined by an MEC in accordance with section 2.'i in order to demarcate an area within which devek)pmcnt will hc prohibited or controlled in order to ai.:hicve the objects of this Act or coastal I 0 managcmcnt nhjecli vcs; "coastal waters" means ( a) marine waters that form part of the internal waters or territ()rial wall:rs of the Republic n:fcrred to in sections~ and 4 of the Maritime Zones Act. l 994 (Act No. 15 of I 994 ). respectivdy; and 15 (b) subject 10 scc1i1in 26. any e~tuary: "coastal wetland" means (a) any wetland in the c:oastal wnc: and (h) includcs (i) land adjacent to coastal waters chat is regularly or pcriodic:ally inundated 20 by water. salt marshes, mangrove areas, inter-tidal sand and mud !lats. marshes. and minor coastal streams regardless or whether !hey an.: or a saline. freshwater or braL:kish nature: and (ii) the water. the subsoil and substrata beneath. and hed and hanks of. any such wetland; 25 "coastal zone'' means the are.J comprising coastal puhl ic property. the niast..il protection 1.one. coastal ac<:i.:ss land and coastal prolec1i.:d areas. 1he seashore. coastal waters and the exclusive cc:onomic zone and indudes any aspect of the environment on . in. under and above such area: "competent authority" means a competent authority idcntifa:d in terms of scctiun ~O 24C or th<: National Enviromrn:ntal \1anagcmcnt ;\ct; "cultural heritage" means any pla-.:e or ohjcct of aesthetic. architccturaL historical, scicn1ific. social nr spiritual value or signifkance : "Department" means the nationul di.:partment responsible for enviwnmental affairs: 15 "development". in relation to a place. means any process initialed hy a person to change the w,e, physical nature or appearance uf that place. and i ndudes r a ) the c:onstrudil)n, erection . alteration . demolition 1)r n:moval of a structure or huilding: (b j a prnce,s lo rezone. suhdividc m cnnsuliJatc land: 40 (c) changes to the existing or natural topography of the coastal zone: and (dj the destruction or removal of indigenous or protecte<l vegetalinn: "Director-General" means the Director-General of the Department; "dumping at sea" means-· fa) any deliberall' disposal intn the sea of any waste or material ulhcr than 45 operational wash.' rrnm a ves~el. aircrart. platform or uther man-made structure at sea: (h) any deliheratc disposal into the sea or a vessel, aircrnrt. platform (1r other man-made structure al sea: (c ) any storage of any waste or ocher material on or in the seabed, its subsoil or 50 suhstrata: or ( d) any abandonment or toppling at sitL: of a platform or nth er structure at sea. for thc sole purpose of deliberate disposal. hut "dumping at sea" docs nol include~ (i) the lawful disposal at sea thmugh sea out-fall pipelines of any waste or 5.'i other m.ik:rial generated on land: (ii) the lawful depositing or any suhslant:c or placing or ahandoning of any1t1ing in the sea for a purpose other than mere disposal (if 1L or Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 20 No. Jlt\X4 <.iOVERNMENT GAZETTF, 11 l+BRLARY 2009 Act No. 24, 2008 NATIO:\'AL 1-''-.IVIRONMl-'NTAL MANAGFMFNT: 1:--.ITEGRATED COASTAL MANAGEMENT ACT, :!008 (iii) disposing of or storing in the sea any tailings or other material from the hcd or subsoil of coaslal waters generated hy the lawful i:xploration. exploitation and associated off-shore proc.:cssing of mineral resources from the hed, suhsoil or suhstrata of the sea: "dumping permit" means a permit granted under section 71: 5 "dynamic coastal processes'' means all natural processes continually reshaping the shoreline and near shore scahcd and i ni:ludcs ( o) wind a.:tion; ( [l) wave action; ( cJ currents: I 0 ( d) tidal a.:tion; and (e) river llnw,;: "effluent" means ( a) any liquid discharged into the coastal environment as wa~tc. and includes any suhstancc dissolvcd ur suspended in the liquid: or 15 (/J) liquid which is a different temperature frnm the hody of water inw which it is heing discharged: "environment" means °"environment" as defined in the National Environmc111al Management Act; "em:ironmental authorisation" means :rn autlrnrisation granted in respect of 20 coastal activities by a rnmpetent authority in terms of Chapter 5 of the National Enviwnrnental Management A<.:t: "estuary" means a bmly of surface watcr (o) that is parl of a water course that is permanently or periodically open to the sea: 25 ( h) in which a rise and fall of the water level as a result of the tides is measurable at spring tides when the water course is open to the sea: or ( c) in n:spect of which the salinity is measurably higher as a result of the influence of the sea: "exclusive economic zone" means the exclusive economic zone of the Republic 30 rcfl'rrcd to in section 7 of the Maritime Zones Act 1994 (Act No. 15 of 1994): ''Gazette". when used in relation to ( co thi.: Mi nistcr. means thi.: Goremment Ga::.ette: (h) the MFC. means the Prm'incial Ga::.ertc: and (c) a municipality. means the Pmi·incia/ Ga-::, trte of the province in which the 35 murnc1pality i~ situated: "general authorisation" means an authorisation under section 69(2): ! ''high-water mark" means the highest I inc reached hy coastal waters . hut cxcludi ng any line reached a~ a result of (a) exceptional or ahnormal Hoods or storms that occur no more than once in ten 40 years: or ( bJ an c:stuary hci ng closed lo the sea: ''incinerate at sea" m.:ans the deliberate combustion or any material on 1->oard a vessel. platform or other man-made structure at sea for th<.: purpnsc of disposing of it hy thermal destruction, hut docs not include the comhusrinn of operational waste 45 frnm a vessel. aircraft, platform or other m,rn-madc structure al sea; "interests of the whole community" means the col lectivc interests of the community determined hy ( (I) prioritising the collective interests in coastal public property of all persons living in the Rcpuh!ic over the interests of a parlirnlar grnup or sector of 50 society: ( h) adopting a long-term perspective that takes into account the interests of future generations in inheriting coastal public property and a coastal environment characterised hy healthy and productive ecosystems and economic activities that arc e.:nlogically and socially sustainable: and 55 (c) taking into account the interests of other living organisms that arc dcpendcnt on the u1as1al environmenl: "issuing authority" means the authority designated in terms of this Act to issue authorisations: "land development plan" means any plan that is prepared or approved in terms of 60 k:gi~lation regulating land (lcvclopmrnt and that indicates thL, desirable uses !'or areas or land hut does not creat<.: legal rights to use land: Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za No. J!884 GOVERNME'-IT GAZEITI', 11 FEl1RIIARY 2009 Act No. 24. 2008 N.A.TIO.'\AL r.NVIRO'.'J\!ENTAL MAI\AGE\1El\"T: INTEGRATE[) COASTAi. MANAGl'\1ENT ACT. 2008 "Land Survey Act" means Ihe LanJ Survey Act, 1997 (Act No. 8 of 1997 ): ''land use scheme". in relaLion lo an area, means a scheme estahlished hy or under legislation and 1hat 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 identi lies or regulates rights to use land; 5 "littoral active zone" means any land forming part oL or adjacent 10. the seashore that is ( a) unstable and dynamic as a result uf natural processes; and (h) characlcrised hy dunes, hcachcs. sand bars and other landforms composed llf unconsolidated sand, pehhles or other such material which is either I 0 unvcgctatcd or only parLially vegetated; ''local community'' rm:ans 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 coas1al wafers recede during spring tides; 15 "Marine Living Resources Act" means the Marine Living Resllurces 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 pruvi111:ial lead agency in krms of this Act: "Minister" means the Minister or Environmental Affairs and Tourism: 20 "municipality•• (a) rm:ans a mdropolitan. district or local municipality established in terms of the Local Govt.:rnmcnt: Municipal Structures Act. 1998 (Act No. 117 of 1998): ur (h) in relation to tk implcrm:ntation of a provision of this Act in an area which falls within both a local munii.:ipality and a distri<..·t municipality. means- 25 (i) the district municipality: or (ii) the lorn! municipality. if rhe district municipality. by agreement with the local municipality. has assigned the implementation of that provision in that area to the Inca] municipality: "'1unicipal Systems Act" means the Local Government: Municipal Systems Act. .~O '.2000 ( Act No. 32 of 2000): "National EnYironmental Management Act" means the National Environmen tal M,rnagemcnt Act, 1998 (Act No. 107 or 1998): "national estuarine management protocol" means the natiunal protocol concerning the management of estuaries contemplated in sect inn ::n: 35 "National ,.vater Act" means the National Water Act. 1998 (Act No. ?,6 of 1998 ): "operational waste" ( uJ means any •..vastc or other material thar is incidental to. or derived rrnm. the nlirrnal operation of a vessel. aircraft. platform nr other man-made structure and its c4uipmrnt; and 40 ( h) excludes any waste or <ilher material that is transported by L>f to a vessel. aircraft. platform or other man-made structure which is operated Cor tlu: purpose of disposing oflhat waste or other material. including any suhstanccs derived from treating it on board, al sea: "organ of state" has the meaning assigned to it in section 2?,9 of the Constitutit)ll: 45 "pollution" has the meaning assigned to it in section I of the Natiunal Environmental Management Act: "prescribe" means prescrihe hy regulation: "protected area'' mean, a protected ar~a rd'errcd to in scL·tion 9 of the Protected Areas Act: 50 Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 24 GOVERNMENT CA/]·.TT.t-:. 11 rF.BRt:ARY 200'! Act No. 24, 2008 \'ATIO~AL ENVIRON \,ll-'t\TAL MA:\AGE\1ENT: ll\TEGRATED COASTAL MAN,\GFMEXI ACT. 2008 "Protected Areas Act" means the National Environmen1al Management: Pro· tcctcd An:as /\ct, 2003 (Act No. 57 of 2003 ): "provincial lead agency" mc:ans a provincial organ of state designated by the Premier of tht! province in terms of sect ion :18 as the lei.ld agency for coastal management in the province: 5 "sea'' means all marine waters. including. ( aj the high seas: ( b j all marine waters under the jurisdi,:tion of any state; and ( t) the bed , suhsl1il and suhstrat.i beneath those waters. hut docs not include estuaries: I 0 "seashore", subject to section 26. means the area between the low-water mark and the high-water mark: "South African aircraft" means any aircran registered in the Republic in terms of applicable legislation: "South African vessel" rncuns any vessel registered or deemed IO he n:gistcred in 15 the Republic in terms of applicable legislalion; "special management area" means an area declared as such in terms of section 13; "this Act" include.~ .iny regulation made in terms of this Act: "traditional council" means a tradi1ional council established and recognised in 20 terms or section 3 (1r the Traditional Leadership and Governance Framcv.:ork Act. 2001 (Act No. 41 of 2003): "vessel'' me.ins a waterborne craft or any kind. whether sdf-propelkd ur not. but does not include any moored lloating structure that is not used as a means or transport hy waler; 25 "waste'' means any suhstance, whether or not that substance can he re-used. recycled or recovercd (i) that is surplus. unwanted, rejected. discarded, abandoned or disposed of: f ii) that the gcm:rator has no further use of. for the purposes of pwduction. repro..:essing or consumption: and :\O (iii) that is discharged or deposilcd in a manner that may detrimentally impact on the en\'irnnment: "Waste Assessment Guidelines" means thl.' guidelirws sd out in Sch..-Juk 2: and ''wetland" means land which is trnnsitional between terrestrial and aquatic systems where the wuter table is usually ut or near thc surface, or the land is .~5 pcriodical ly L'llvered with shallow water, and which land in normal circumstances supports or would support vegetation typil.'.ally adapted to life in saturated soil. (2) ln this Act. u won.l m cxpn:ss1un dcrin:d from a \VOrd or expression detincd in subsection (I) hus a correspondrng meaning unless the context indicates nlhcrwisc. Objects of Act 2. The ohjccts ol this Act urc / £1 j lo deterrn ine th~· coastal zone nf the Repuhli..:: I h} to prov id~'. within llw framework of thc Nat10nal Environmental Management 40 Act. l"or the co-ordinated and integrated management of the coastal zone hy all spheres or gowrnment in uccordance with the prirn.:iples nf co-operative 45 g.overnunce: (c) 10 preserve, proll.:ct. extend and enhance the status of coastal puhlic property as heing held in trust hy the Stale on behalf of all South Africans. including future generations: (d) to secure equitable access to the opportunities and hendih of coastal puhlic 50 property: and ( c) to give effect ro the Repuhlic's ohlig.ations in terms of international law regarding coastal managemcnt and the marine environment. Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 26 CiOVERNMF1\T GAZETTE. 11 1--T:Bl{t:ARY 2009 Act No. 24, 2008 l\ATIO\JAL FNVIRONME\:TAL MA\:AGEMENT: JNTl--:(iR .A.ThD COASTAL MANAGl-:MF:-.:T ACT. 2008 State's duty to fulfil environmental rights in coastal environment 3. In fulfilling the rights contained in section 24 uf the Constitution of the Repuhlic of South Africa. the State ( a) through its functionaries and institutions implementing this Act, must act as the trustee or the coastal mm::: and 5 ( h) must, in implementing this Act, take reasonahlc mrnsun::s 10 achieve the progressive realisation of those rights in the interests of every person. Application of Act 4. (I) This Act applies to the Rcpuhlic, including ( a) its internal waters. tc1Titorial waters. exdusivc economic zone and contirn:ntal I 0 shelf as descrihed in the Maritime Znnes Ac 1. l 994 ( Act No. I 5 of l 994 ); and (b) the Prince Edward islands referred to in the Princc Edward Islands Acl. 1948 (Act No. 41 of 1948). (2 l A provision of this /\ct which relaks to dumping and incineration al s,.:,a applies lo South African aircraft and vessels also when outside the Republic. 15 Application of National Environmental \>lanagement Act 5. (I) This Act must. in relation to coastal management. he read, interpreted and applied in conjunction with the National Environmental Management Act. (2) This Act must he n:gardc<l as a "specific environmental management Act" as delined in section l of the National Environmental Management Act. 20 (3) Chapter 4 of the National Environmental Managemenc Act applies to the resolution Df conllicts arising from the implementation of this Act. Conflicts with other le~islation 6, ( I) If then.: is a nrntlicl relating to coastal management h~·t ween a section of this Act and any othn legislation existing when this Act takes cffed. the s~·ction Llf this Act 25 prevails. ( 2) A pwvision cPnlaincd in this Act or the National Environmental ManagL'rrn:nt Act. or in regulations made or authorisations issued under either Act. prevails if !here is a contlict hetwcen tk11 provision and a provisinn contained in regulations or in an authorisation that has heen saved in terms or sccLion 99. 30 (3) Draft national legislation directly or indirectly amending this Acl. ur providing for the enactnwnl nf suhordinatc legislation that may cnntlict with this Act. may he introduced in Parliament (a/ by the l\-1inister only: or (bJ only after the Minister has heen cnnsulted on the contcnh ul' the draft 35 legislation. CHAPTER 2 COASTAL ZONE Part I Coastal public property Composition of coastal public property 7. Coastal puhlic property consists of 40 Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za No .. ,1884 GOVERJ\MFNT GA/.hTTE. 11 FEBH l":'\RY ::!009 ,kl ~o. 24, 2!Hl!l NATIOt\AI. E"IVIRONME:S:lAL MA\'AGE\11:i!\T IKTEGRATHl COAST;\L ;,,fA"IAGEMENT 1\CT. 2001\ (a) coastal waters: (b) land suhmcrged hy coas1al waters. including ( i) land tloo,kd hy i..:oaslal wati.:rs whii..:h subsequently becomes part nf the hed of coastal wati..:rs: and (ii) the substrata hi..:ncath such land: 5 (c) any island, whether nacural or anillcial. within coastal wati..:rs. hut exclud ing (i) irny part of an island thac wa, lawfully alienated hcfore this ,\cl commenced: or (ii) any part of an artificially created island (other than the scashore nf that 10 island I 1ha1 is proclaimed hy the Minis11.~r to he excluded frnm coustal puhlic properly: (d) lhe scashorn, hul i:xcluding •·· (i) any portion of che seashore hdow the high-water mark which wa~ lawl'ully alienated hcfore the Sea-Shore Ace, 19~5 (Act '\o. 21 nr 1935 ). 15 look effec1 or which was lawfully alienated in terms of that Ai:1 ~•nd which has not suhse4uently heen re-incorporated into the scashon:: aml (ii) any portion of a coaslal cliff that was lawfully alienated hcrore 1his /\ct took clkct and is nt•l owned hy the State; ( e J lhe ,eashore pf a privatdy owned island within mas cal w..icers; :?O (/) any admiralty reserve owned by the State: ( g) any stale-owned land declared under seclilln 8 10 he coaslal puhlic property : or (Ir) any natural resources on or in (i) any coastal public property of a category mentioned in paragraph /aJ 10 (g); 25 (ii) thc exdusin: economic zone, or in nr on thi.: t·ontinental shelf as t:t•nh:mplated in sei:tions 7 and 8 or the Maritime Zones Act. I lJlJ-4 ( Act No. 15 of I 9lJ4), rcspectivcly: or (iii) any harbour, work or other ins1allation on or in any co.istal puhlic property of a category mentioned in paragraphs (a) to (Ii) that is owned JO hy an organ or slate. Extending coastal public propcrt~· 8. ( I J The Minish.:r may. hy notice in che Gl1:cllc, declare in the m,inner i..:ont1..·111plated in suhscction (.::!) any stalC-llWnl'<l land as uiastal puhlil· property in nrdcr (a) to improve puhlic access to the si.:ashore: .,5 (/,J In protect sensitive eoa,tal ccnsys1cms: r ci to sernre the natural fum:cioning or dynamic rna,tal pro.::e ... scs: (ti) 111 facilitalL' chc al'.hic,1..•mcn1 or any of the uhjel'IS of this Act: or / e) to prolcet people. property and economic aL:ti" itics rrom risks arising from dynamic coastal prrn.:esses. including Lhc risk of sea-level rise. 40 (2) Bcl(lrc declaring state-owned land as coastal puhlic prnpeny in terms or subsection ( I J, the Minister musl (aJ consul! with interested and affected parties; and (h) obtain the concurrence nr 1he Miniswr. or of the MEC tir the provmce. re~ponsihlc for managing that state-owned land. 45 (.~ 1 The dcelaratilln of state-owned land ;:i~ coastal ruhlic pmpcrty in term~ nf ~uhsection (I, may only he withdrawn hy th~- Mmister by nnticc in the Ga:.elfe with the prior approval of Parliament. (4) This section docs not affecc the application of section 26. Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za JO GOVERN\fEI\T CiAZr:rn-.. 11 f+HRCAR\' 2009 Al'1 ~o. 24, 2008 Nt\TJOt-;AL EKVJROI\MEt-;TAL \·IA'.\'AGEMENT: INTEGRATED COASTAL MAf\iAGl:I\IE'-IT t\CT. :1008 Acquisition of private land hy State 9. ( 1) The Minister. acting with the wncurrerKe or the Minister of l .and Affairs. rnav acquire privaw land rur the puqmse of dcc.:l .. H'ing that land as coastal puhl ic properly, hy ( a) purchasing the land: S ( bi exchanging the land for other land: or ( c) i r no agreement is readied with the owner. by expropriating the land in accordance with the Exrropriation Act. 1975 (A(:l No. (l li of 197 5 ). (2) Land may be acquired in term~ of this section only if ii is being cxpropriakd for a purpose si:t ouL in scl'lion 8( 1 ). 10 Designation of state-owned land for certain purposes ] 0. l l) The Minister may, by notil'e in Lhc Ga::.ette ( u) dcsignalc statc-llwncd land vested in thi..'. national government for the purpose of fai.:il itating any nf the matters mentioned in SCL"Liun 8( I); or ( b) at ,my time withdraw ,L designation in tcm1s or raragraph ((I) hy rollowi ng the IS pwccss Jcsnihed 111 suhsel"tion ( 2). (2J Before designating statc~uwncd land in terms of suhsec1ion ( I Hai or withdrnwing a designa1ion in terms t)f suhsection ( 1 )(b) lhc Minister must /{IJ consult the MEC or the province L'.onccrnc<l: (/JJ consult the persons rcspon-,ihlc l'or managing lhi..'. swte-owncd land and 20 inll'.rcstcd and affeL:tcd rarlies in terms of Part 5 of Chap1er 6: and (c) ohtain the wncurrcncc of lhe Minister responsible for managing that stale owned lanJ. (:\) The MEC muy, hy notice in the Ga::.erre fa) (k,ignaLL: SI.ate-owned land vested in Lhe rrovincial government I'm the 25 purpose or faei I ilating any of the mattl'.rs mentioned in sect ion 8( I ): or /hi at any time withdraw a 1.ksignation in terms of paragraph (a) in the: manner cnn1c111plal1.'J in subsection (4), (4) Befor1.· designating stme-ow·neu land in terms or suhsec1i1m (.'\)Io) ur withdrawing a clesignalion in terms or suhscL"Lion {.1)(/J) lhc MEC must- 10 / ll) wnsul1 the Minister: /b) consult the rcrsons rcsponsihli..'. ror managing the st,lle-owncd land and interested c1nd affected panics in 11.!nns of Pan 5 nf Chc1ptcr 6: and I,· J oh lain the cunrnrrenl'e or the MEC rcspom,ihle for managing 1hat state-owned land. ,5 (5) State-owned land designated in terms uf suhsection ( 1 )(a) or (:\)(a) must be n:gar(kd as (o.1s1.1l puhli.: property. Ownership of' coastal puhlic property ]]. I I l The nwnership uf coastal public pJ'l)perty 'vests in the citizens nf the Rcpuhlic ,rnd coastal puhlic prurerty must he held in Lrusl hy the State on behalf of the citizens of 40 the Republic. (2) Coastal puhlic properly i~ inalienable and cannot he sold. allached or aL"quired hy pre~cription and rights over i1 cannot he acquired hy prescription. State public trustee of coastal puhlic property 12. The State. 11111s rnpacily as the pub] il' trustee nf all rnastal public prnrcrty. must- 45 ( u,J ensure that rnastal public properly is used. managed. protected. rnnservcd anu enhanl."ed in the intcrcsls or the whole rnrnmuniLy: and Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za Nn. 31884 GOVt-:RNME:,.,,T GAZETTF. l l HJ-IIWARY 2009 Ad :\o. 24, 21Hl8 !\/ATIO\AL ENVIRO\ME'.iTAL MAr-.;AGEMENT: ll\TFGRATbD COASTAL MANAGEMFJ\T ACT. 2008 ( '7) take whatever rcasonc1hlc lcg1sla1ivc and other measures ir consider-. ncccs-.ary to conserve and protect coastal puhlic property for the benefit of present and future gcnerarions. Access to coastal public property 13. (I) Suhjec1 to this Act and any other appficahle legislation. any natural person in 5 the Republic ( a) has a right of reasonable access to coastal public property: and (/J) is entitled lo use and enjoy coastal public properly, provided such use ( i J does not adversely affect the rights of mcmhers of the puhlic to use and enjoy 1hc coastal public property: 1 O ( ii I docs no1 hinder the State in the performance of its duty to protect 1hc environment: and ( iii I docs not cause ,.m adverse effect. (2) This scclion docs 1101 prevenr prohihitions or restrictions on access to. or 1hc use oL any pan of coasral puhlic pmperty- 15 (o) which is or forms part of a protected area: tb) 10 prolect the cnvironmcnl. including hiodivcrsity: ( cj in the interests or the whole communi1y: (d i in rhe interests of national security: or ( e J in the national interest. 20 (}) l\o fee may he charged for access to coastal puhlic properly withnut the approval of the Minister. ( 4 ) The Minister. he fore granting approval for the imposition of a Ice. rnusl require a public participation process in accordance with Part 5 of Chapler 6 lo cnahle interested and alkcted p..inics lo make representations. 2:'i (5) Suhsections (>land (4) do not apply to co..istal puhlic property / u) 1ha1 has been leased: m ( hJ that is. or rorms part of. a protected area or the sea 1ha1 forms parl of a harbuur or a proclaimed tishing harhour. Position of hi~h-water mark ,O 14. (I) Ir bnd has a n1rvilincar houndary cxh::nding 10. or a stated distan.:e from. the high -wain mark 1ha1 curvilinear houndary may be suhs1itu1ed hy a boundary or anolher character by following the procedure prescrihed hy sec lion .H ()f the Land Survey Ac 1. provided 1ha1 in addi1 ion lo the rcquirc1rn:111 ~ of that s,:.:tion the writ1en ag.rccmcnt referred to in that ,ecrion must he signed hy- :l5 (a ) the Minister: anLI ( hi the holder llf real rights in the land or in land contiguous 10 it whose rights would be adversely affccrcd hy the replacement of the curvilinear houndary. ( 2) if a written agree me n, is 1101 concluded in ,.iccordance with suhsection ( I ) and seclion .'.l,4 as read w11h scuion 29 of the Land Survey Act. subsection s (}f lo (5J of 40 section 29 or that Act apply 1,vith the necessary changes. (3) Once a boundary line has been eslahlishcd in terms of suhscct1on ( l) it shall he regarded as the high-watcr mark as defined in this Act unless a new houndary is estahlished in terms or suhsct:tion (4). (4) If the high-waler mark nl()vcs inland of the natural curvilinear houndary or the 45 houndary line established in 1erms of suhsectiun (I) and remains there for at least two years. a new boundary line on . or inland of. rhe high-\VatL'f mark as dcrermincd by nalural indications. nwy he determined in acnirdance with 1his section at the initiative of the Surveyor-General or hy a \\Tillcn agreement rcfcJTed tu in suhscction ( I ) heing lodged wilh 1he Surveyor-General by--- 'iO /o) the Minister: (h) the municipali1y within whose area of juri sdiction rhc boundary line is si1uatl·d : / c I the owner of a land uni I affccled hy the movemcnl of the high-water mark: or (dJ lhc holder of real rights in a land unit alkued hy the movement or till' 55 high-w c1 ter mark . l 'i l If the high -wa1cr mark lllP\C'> inland of the boundary Ii nc of a land unit due 10 1he erosion of the ums1. sea-Jc,.·d rise or other causes. and remains inland of 1hat boundary line for a period or three years. 1hc owner of th~ll land unit Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za J4 GOVt-iH:\MENT C,AZETTl-i. 11 FFRRUARY 2009 Act No. 24. 2008 NATIONAL EI\VIRONMr.:'HAL MANAGE.\1t--:t,ff: 11\TEGRATED COASTAL M1\NAGE~lr.NT ACT. 2008 raJ loses ownership of' any portion of that land unit that is situa1cJ hclDw 1hc high-water mark; and (b) is not entitled to compensation from the State for that loss of ownership. unless the m<wen11.,nt of the high-water mark was caused hy an intentional or negligent act or omission hy an organ of state and was a reusonahly foresl..!cahk consequence of 5 1hat act L)r omission. (6) [r accretion occurs. whether as a result nf natural processes or human activities. land which formed part or the seashore when this Act took effect and v..-l1ich subsequently becomes situated inland of the high-wmer mark as a result of a change in the position of the high-water mark. rernuins coa~tal puhlic property. and does not 10 hecmrn: p..irt of any adjoining prorerty unless the property is houmkll hy the high-water mark or extends ID a stated distance from the high-water mark. :\1casures affecting erosion and accretion 15. (I) Nl\ pcrsnn. owncr <'r nccupier of land adjat:ent to 1he seashore or other L'.oas1al rublic property capable of erosion or acererion may require any organ of state ur :my I 5 other person to take measures Ill prevent the erosion or ac<.:relion of the seashore or ~uch other coa•aal puhlic propaty. or of land adjacent to ct1as1al puhlic property, unless the erosion is caused hy an intentional act or omission of that organ of state or other p(Tson. (2) No person may construct mainlai nor extend any structure. or take other 1111.:asurcs on L'.oastal puhlic prnperty to prevent or prnmote 1:wsion or w.:creti1111 of lhL' seashore 20 except as pwvided fur in this Act. Part 2 Coastal protection zone Composition of coastal protection zone 16. (I) Suhjcct to suh.~cction (2t. the coastal pnilcction wnc consists of (u) land falling within an arei.l Jcclan:d in tenns llfthc Environment Cons1:nation Act, 1989 (AL·t No. 7'?-. or 1989 ). as a sen sit ivc coastal area within which activitit.:s idcntilil:d in 11.:rms of section 21 ( 1) nf that /\ct may not he undertaken withuut an authorisation: 25 (h) any part nf the littoral active wne that is not rnaslal puhlic property: '?-.0 (ci any coastal rrotection area. m pan tit' such area, whid1 is not coastal puhlic rropt.:rty: (d) any land uni1 siluatt.:d wholly or partially within one kilometre of the high water mark which. when this Act came into force --.... (i) was wneJ for agricultural or undetermined use: or 35 (ii) was not wncd and wa~ not part ofa lawfully cstahlishcd township. urban area or other human sell kmt.:nt: Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za GOVl:RNMEKT GA/.l'.Tlf. .. 11 f+IWLARY 2009 .-\l-1 ~n. 24, 20011 "IATIOI\I/\L ENVIRONMl-::\TAL i\1A'lAG1'\1hNT l:'\TEGI<ATED COASTAi. MA'.\IAGElv!E.\'T ACT. 200K ( e J any land unit nol referred lo in paragraph ( dJ that is situalcd wholly ur parlially within 100 metres of the high-water mark; (f) any coastal wetland. lake. lugoon or dmn whid1 is situated wholly or partiully wi1hin a land unit referred to in paragraph /d}(i) or /c): (g) any part of lhc seashore which is not coastal public pwpcrly. including all 5 privately owned land helow 1hc high-water mmk: (h) any .:u.lmirally n;scrvc: which is not coastal puhlic properly: or (i) any land that wouhJ he inundated hy a t :50 year flood or s1orm evcnl. (2) An area forming pan of the coastal protec1ion zone. ex.:cpt an un:a rcfcrrcd to in suhsec1ion ( 1 )(g) or (h). may be excised from the coaslal protcclion wnc in terms of 10 section 26. Purpose of coastal protection zone 17. Th1: wastal protec\ion mne is cstablish1:d t'or cnahling the use of land that is adjacent lo coastal puhlic property or that plays a signilicant role in a coastal ecosysl1:m IO he managed. regulated or restricted in order 10 ( a} protect the ecological integrity. nalural character anJ the cconornil'.. social and aesthL·tic value of rnastal public property : (/J) avoid increasing the effect or s1:vcrity nf natural hazards i I\ the coastal zone: /1') protect people. prnpcrty and economic activities from ri,h arising from dyn,uni-: coastal processes, including the risk or s1:a-kwl ris1:: (d) maintain the natural functlllning or the littoral .ictiw mm:: (<') maintain the productive capacity of the coastal zone hy pmlccting the ecnlogical integrity of the coastal 1:nvironmcnt; and 1/) make land near the seashore .ivail.:tblc to nrgans of s1at1: and other authorised persons for (i) pcrhmning rescue operations: ur (ii) temporarily depositing objects and materials washed up by the sea or tidal wakrs. Par( 3 Coastal access land Designation of coastal access land 18. (I) Each municipality whose area indutlcs cuustal public property must within four years of the com menccment <if this Act. make a hy -law that dcsignat-:s strips l>r land us coastal access land in ord1:r to secure public ac.:css to 1hat 1.'oastal puhlic property. 15 20 30 (2) Coastal ,Kcess land is subject to a public acc1:ss servitude in fuvour or the lo-:al .t, municipality \•.:ithin whose area of jurisdiction it is situated and in terms of which memb1:rs of the puhlic may use that land to gain ucccss to coastal public prnperty. OJ A municipality 11111st impkmenl subsection ( I J suhject to (u) the other provisions of this Act. including (il any prohihitions or restrictions referred to in section 13(2): and 40 Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 38 No . .11X84 GOVEK:-:MEI\T GAZETTE. 11 rEBR LARY 2009 Ael No. 24, 2008 l\:ATJO:-:AL l-:NVIR0.\/\1ENTAI. MA:>:AGEMENT: INTEGRATFD COASTAL MANA(;l'ME:',:T ACT. 2008 (ii) !he national and applicable provincial coastal management programmes; and (hj any other applicable national or provincial legislulion. ( 4) No land within a harbour, defence or other strategic facility may he designated as coastal access land without the consent of the Minister n:sponsihle for that J'acilitv. 5 (:'i) Suhjecl lO section 19. a municipality may, on its own initiative or in respons~ to a re4uesl frnm an organ of slat..: or any other interested and affected party. withdraw the designation of any land as coastal access land. Process for designating and withdrawing designation of coastal access land 19. Berore designating land as coastal access land or withdrawing any such 10 designation, a municipality must ( a) assess the potential environmental impacts of doing so; (bj consult with intercst..:d and affected parties in accordance with Part 5 of Chapter 6: and ( c) gi vc notice or thi.: inti.:n<led designatinn or with<lrmval nf thi.: designation 10 the 15 owner of the land. Responsibilities of municipalities with regard to coastal access land 20. (I) A municirality in whose an;a cnaslal access land falls, must --· ( a) signpost entry points to that coastal access land; ( h) control the use of, and activities on. that land; 20 le) protect und enforce the rights of the public to u~i.:: that land to gain access to coastal puhlic prop..:ny: (d) main1ain \hat land so as 10 L'.nsure th:.il the public has accl'.ss lo the relevant coastal public prnpl'.r1y; ( l') where appropriate and within its uvailahle resources. provide facilities that 25 promote access Lo coaslal public property, induding parking areas. toilets. hoar<lwalks and nthi.:r amrnitii.::s. taking into account the needs of physically disahled persons: (j) ensure that the provision and use of coastal ac..:ess land and associated infrastructure do not cause adverse effects lo the environment: 10 (.g) remove any public access servitude that is causing or contributing to adverse effects that the municipality is unable to prevent or to mi ti gate ackqu,llely: ( h J des.crihe or otherwise indic;ite all coastal access land in any municipal coastal management programme und in any municipal spatial dcvcloprncnl frame work prepared in terms nf the Municipal Systems Act; 35 ( ii perl'orm any other actions that may he prescribed: and ()) report to the MEC within two years of this Act coming into force on the measures taken to implement this section. (2) A municipality may make hy-laws for the proper implementation of suhscction \ I ). ..J.O Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 40 No.)1884 GOVhRN\1hNT GAZETTE, 11 FEHHllARY 2009 Ad No. 24, 2008 NATIO\AL ENVIRON:v1EI\TAL MAi\AGEME\ll: INTH]RATU) COASTAi. MANAGEMDJT ACT, 2008 Part 4 Coastal water.~ Control and management of coastal waters 21. An organ of sratc that is legally responsible for controlling or managing any activity on or in coastal waters, must control and manage that activity- 5 (a) in the interests of the whole community; and (h) in accordance with the Republic's obligations under international law. Part 5 Coastal protected areas Excision of protected areas from coastal protection zone I 0 22. ( 1) Subject tn section 87, the MEC may by notice in the Ga-::.erre declare that with effect frnm a specified date the whole or any part of a protec1ed area that is not coastal puhlic property, will not form part of the coastal protection zone. (2) The MEC may only puhlish a notiL:e referred to in suhscL:tion ( l) after .:onsul talion with the management authority or the prote<:ted area, i r he or she on reasonahle grounds 15 believes that doing so will not prejudice the effective management of the coastal I.one. Part 6 Special management area.~ Declaration of special management areas 23. ( I) Thi.! Mi nistcr may, after consultation with the MEC. hy notice in the Gu:.:etlc- 20 / a) declare an area that is wholly or partially within the coastal zone to be a special management area: or (h) withdraw ur amend any declaration made in terms of paragraph (u) . (:?:) Before declaring an area Lo he a special management area, the Minister must give interested and affected parties an opportunity 10 make representations in ac<:urdarK·e 25 with Part 5 or Chapter 6. Of An area may he declared as a special management area only if" envirnnmcnlal. cultural or socio-economic conditions in that area requin: tht~ introduction or mcawre.~ which arc necessary in order to morc effectively ( a) attain th!.! oh ict.:tives of any coastal management programme in thc area: .,O (hi facilitate the management of" coastal rcsourL:es hy a local community: ( c) promote ~ustainable livelihoods for a lrn:al community: or (dj cnnscrvc. protect or enhance coastal ecosystems and biodiversity in the area. (4) The Minister may prescribe specified activities which arc prohibited in special management areas taking into account the purpo.~c ror whid1 the special management ~5 area was declared. Management of special management areas 24. ( 1) The Minister may, by notice in the Ga:::.crte. appuinl a manager for each sp1x:ial management area. Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 42 No. 31 XK4 GOVERf\MENT C,AZET"n.;. 11 FEBRLIARY 2009 Act No. 24, 2008 NATH l'>AI. 1-:'-IVIROf\MliNTAL MANAGFl\,ffi\T INTEGRAi ED COASTAL MANAGl-'MFNT ACT, 2008 (2) The manager must have sufficient expertise and capacity to manage 1he special management area in a manner that will achieve the ohjcc1ives for which ii was cslahlishcd and may he ( a) a jurist it: person constituted for that purpose; (b) an organ of state: 5 (c) a traditional council: or (d) any other rerson with appropriate expertise and capacity. (3) Before authorising the manager to begin managing the srecial management an:a, the Minister must make regulations that ( a) ddine the duties and powers of the manager: and I 0 (h) rrescrihe rules to facilitate the ad1icvement of the objectives fur which the special managemenl area was declared. Part 7 Coastal set-back lines Establishment of coastal set-back lines 15 25. ( 1 I An MEC must in regulations publi shed in the Ga;:,etre ( 11) establish or chang.: rnastal set-hack lines (il to protect rnastal public property. privah: property and public safety: (ii) to protect the coastal protection wne: (iii) to preserve the aesthetic values of the coastal zone: or 20 (iv) for any other reason rnnsistent with the objectives of this Act: anJ ( b) prohibit or restriu the hui !ding. cr.:dion. alteration or extension or structures that are wholly or partially seaward 01· that coastal set-hack line . (2) Before making or amending the regulations referred to in suhscc1ion (I). 1hc MEC must- 25 (a) rnnsult with any local municipality within whose area of jurisdiction the coastal set -hack line is. or will he, situated: and ( /JJ give interested and affected parties an opportunity lo make represenlations in accordanl·e with Part 5 or Chapter 6. (3) A local municipality wtlhin whose area of jurisdiction a coastal sci-hack line has JO been estahlishcd must dcl in.:atc the coasial set-hack line on a map or maps that l'orm part of its zoning scheme in order to enahle the public to Lletermine the position of the set-back line in relation to existing cadastral boundaries. ( 4) A cuastal set-hack line may he situated wholly or partially outside the cnastal rnne. CHAPTER 3 BOUNDARIES OF COASTAL AREAS Determination and adjustment of coastal boundaries 26. ( 1 l The cuastal hnundaries of f aj coastal puhl ic property may he determined or adjusted hy th.: \1inisler in accordance with section 27 by nutice in the Ga::.erte: 40 rM the coas1al protection zoni: rnay h.: <ktcrmincd or adjusted hy the MEC in accordance with section 28 hy notici: in thi: Gll'::.erre: ( r·J a special management area may he determined or adjusteu hy the M inist.:r in aceordancc with si:ctinn 23 by notice in the Ga~eth:: and Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 44 \io. 11X84 GOVERNMENT GAZETTE. 11 t+HRl JARY 200'1 Act No. 24, 2008 NArlONAL E\iVIRONMEVIAL MANAOFMF'NT: INTEC,R.A,TED COASTAL MANAGE\1ENT ACT. 2008 (di coas1al access land may he de1ermined or adjusted hy the municipality in an:on.lance with section 29 hy notice in the Ga::,e/le. (2) The power of the Minister to determine or adjust the inland coastal houndary of coastal puhlic rropcrty in terms or s,xlion '27, includes the power to make any consequential change to an adjoining coastal houndary of the coastal protection 1one or 5 coastal access land. ('.\) The coastal houndarics n:fcm:d to in suhseclilln (I) may he determined or adjusted if ( a) that coastal boundary (i) is uncertain or undelined: I 0 (ii) is subject to disputing claims: or (iii) has shifted due to natural or arti1icial processes: or (b) the Minister, MEC or municipality concerned on reasonable grounds hdieves that the objects or this Act will he achieved more effectively hy doing so. (4) When dctnmi ni ng or adjusting a rnastal houndary in terms oC subsection (I). the 15 Minister. MEC or municipality in ques1inn must (o) give interesll:d and affected parties an opportunity to make representations in acrnrdance with Part 5 of Chapter 6: ( h j take into account (i) any representations made hy interested and affected parties : 20 (ii) the interests of any affected local community: (iii) any applicahlc coastal management programme: and ((') comply with any other requirements that may be prescrihed . (SJ If the Minister or MEC ,ktcrmines or adjusts any coa.qal boundary undcr this section. he or she must immediately inform any municipality within whose area of 25 jurisdidion the coastal houndary is situated to cnahlc the municipality to reflect that coastal boundary on its zoning maps in accordance with section 31 . Determining and adjusting coastal boundary of coastal public property 27. ( 1 J When (.ktennining or adjusting. the inland wastal houndary tlf coastal public property. 1he Minister must take into accnunt- 30 (a) the dynamic nawre or the shorclinc: ( /JJ the need lo make appropriate alluwance liir (i) the periodic natural mowmcnts in the high -water mark: and (ii) the erosion and accretion or the seashore: ( c) the importance or ensuring the natural functioning Llf dynamic coastal 1,5 processes and of extending the coaswl houndaries of coastal public property to include the littoral active mne and sensitive coastal ecosystems, including coastal wetlands; (dj the rotential elTccts of projected ri ses in sea-level: and ( e) any other factor that may he presuihed. 40 (2) The Minist~'r may exclude any an:a from coastal public pnipcrty for government purposes, hy proclamation. (3) Bci"orc excluding any area from coastal public property in terms of suhsection (2), the Minister must consult with interested and affected parties in terms of Pan 5 of Chapter 6. 45 ( 4) The Minister may exclude any area from coastal puhlic property for any other purpose with the rutilic,uion of Parliamcnc. ( 5} Land excluded from coastal public property forms pan of state owned land. Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 46 l . JJK84 GOVERNME~T GAZETTE. 11 l+BRUARY 2009 Act No. 24, 2008 "-IArlONAL ENVIRONMl'"HAI. MANACH:MENT: 11\TEGR/\TED COASTAL MANAGE~1ENT ACT. 2008 (6) The Minister may on application approw 1he reclamation of land. Such n:clairncd land shall. unless excluded from coastal public property in terms ol'suhscclion (5), form part of coastal public properly. (7) For purposes or this scciion. "government purposes·• means the exercise of functions hy an organ of state that are in the national interest or in the interest or national 5 security hut does not include donation. kases of rnme than 20 years or alienation by that organ of stale. Determining and adjusting coastal boundaries of coastal protection zone 28. (I) The MF:C may not determine or adjust 1he coastal boundaries of the coastal proteclion zone in a manner that changes the coastal boundaries of coastal public I 0 property. (2) The MEC may ini.:lude land that is not adjacent 10 coastal public property in the coastal rrn1ection zone. (?,) When determining or adjusting the coastal boundary of the coastal pro1ce1ion zone the MEC must take into account- 15 ( a) the purpose !'or whid1 the rnastal protection zone is established: (b) the imrortarn:c for coastal management 10 i m:orroratc into the coastal protection zone land inland of the high-water mark that is nor coastal public property but that should be maintained in. or restored to. a natural or semi-natural stak; 20 (cj the need to avoid risks posed hy natural hazards to people. hio<livcrsity. coastal public property and private property: ( d) the potential for the number and severity of natural disasters to increase due to the dkcts of global climate change and other impacts on the environment , and the importance or taking preventive measures to address these threats; 25 ( c) the importance or allowing ror the movement of the positiPn of lhe high water mark owr time and of protecting the in land coastal houndary of coastal puhl iL· property by dcman:ating a eo111inuous strip of land adjacent to it: and (/) any other factor that may be prescribed. Determining and adjusting coastal boundaries of coastal access land 30 29. When determining or adjusting a coastal boundary of coastal access land a municipality must take into accl1unt ( u) the kind of public access required. and whether it is for (i) pedestrians: (ii I vehicles: 35 (iii) vessels: or (iv) any other kind of access: ( bJ any putential adverse effects that public access may cause. including tlrnse causcJ hy (i) associated infrastructure: 40 (ii) vehicles. vc~sels or other conveyances: and (iii) increased numbers of people: (c) the need for parking, recreational and ablutillll facilities: (d) any existing rights of way. public servitudes or customary means of gaining access to the seashore and coastal waters: 45 ( e) the need to protect any coaslal protected areas: and (/) the importance of not restricting the rights of land owners unreasonably. Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 48 Nu.Jl884 CiOVFRI\MFNT <,A1TTTr.. 11 1'1 -: HRUARY ~009 A<-t No. 24, 2(Hl8 N,\TIO~AI. "NVIRONMEI\TAL \1ANAGr.MEI\T: INTEGRATED COASTAL \,1ANAGl:MENT ACT. 2008 EntQ· onto land JO. (I) The Minister. an MEC or a municipality may, J"or the purpose of determining or adjusting a coastal boundary in terms of section 26, authorise any person to enter at any reasonable time, after n:asonabk nntiec lo the owner or occupier of land or premises, other than residential premises. without a warranL to- 5 (a) conduct any survey: ( h j gal her data: ( c) undertake an environmental assessment: (d} ered a beacon: or ( e) take any other steps that may be nei.:essary unJer this section. I 0 (2) Any pi::rson authorised in ll:rms uf subsection (I) 10 enter land or pn:mises must on demand by any person. produce prnor of his or hi:-r identity and authority to enter s uc:h land or prcmisi:-s. (3) Where the owner nf any land nr premises has refused entrance ur cannot be found, 1hc Ministi::r. an MEC or a municirmfity may apply lo the High Court for an appropriate 15 nnkr. (4) The Minister. an MEC nr a municipalily must compensate the owner for any damage, or repair any damage. arising from any act performed or carried out on the land or prernises in the exercise of any power conferred in terms nr this section. Marking coastal boundaries nn zoning maps 20 31. If the Minister, an MEC m a municipality determines or adjusts a coastal boundary in accordance with section 26. a local municipality within whose area of jurisdiction the coastal hPundary is situated must delineate that coastal boundary on a map or maps that form part of its 1.oning sc:hemc in order to enable the puhlic 10 determine the position of the coastal boundary in relation to existing cadastral 25 hnundarics. Endorsements by Registrar of Deeds 32. (I) The Minister. an MEC or a municipality. as may he appropriate. must notify the relevant Registrar of Deeds in \\Tiling whenever a cnastal boundary has been dctcrmined or adjusted in terms of section 26( 1) or an an:a or land has been demarcatcd :\0 in terms of section 26(2l. (2) The notification lo the relevant Registrar of Deeds rnust (u) include a description of the land involved: nr (b! hl' accompanied hy a diagram as delined in section I uf the Land Survey Act. l 997 (Act No. 8 of I YLJ7), ol' the land involved which is signed hy a land 15 surveyor. (1i) On receipt nf !he notification conlcrnplatcd in subsection (2). the relevant Registrar of Deeds must in accordance with section 3( I )(u'j of the Deeds Registries Act. I 937 (Act No. 47 or 19:\7 l. make a note in the relevant register of thl' ddermination or adjustmem \if' a coastal houndary or a dl'marcation. 40 CHAPTER 4 ESTllARIES National estuarine management protocol 33. (I) Estuaries within the Rcpuhlic must he managed in a l'o-nrdinatcd and dticient manner and in aecordanee with a national estuarine management protocol. 45 (2) The Minish:r. wilh the enncurn:nce of the Minister rcsponsihlc for water affairs. mu~l within fuur years of the commi::ncernenl of this Act prescrihc a national estuarine management prntocul. ( 3) The nalional estuarine management protonil must ( a) determine a strategic vision and objectives for achieving etkctivc integr.it e tl 50 nrnnagcment of e stuaries: ( h) set standards rur the management nf estuaries : Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za GOVEl{N!VIE'.'-ff GA/,ETTh. 11 Fl'.HKLJAKY '.1.00'l Att "iu. 24. 2008 NATIOS.-\1. l'SV1Ror,..;\1H\TAL MA'.'JA,(..,EMENT: INTEGR ,\Tl-'.D COASTAL MANAGF.\1E'.':T ACT. 2003 ( c) establish procedun;s or give guidance regarding how e-,;tu,tries must he managed and how the m,rnagement responsibilities ure to bc exercised hy dilkn:nl organs of state and other panics: (d) establish minimum n:quircmcnts for estuarine management plans; ( t'} identify whll must prepare estuarine management plans and !he process to be 5 followed in doing so: (I) specify the process for reviewing estuarine management plans lo ensure that they rnmply with the requirements of this Act; and (x) l:ic published for public conunenl in accordance with the procedure set oul in P,lrt 5 0 r Clrnpler 6. I() Estuarine management plan 34. (I) The responsible body contemplated in section :HO)(e) who develops an esluarine managcmenl plan must /aJ ftillow a puhli1: panicipa1ion process in accordance with Part 5 of Ch.ipter 6; and 15 (h) cn!'.un: tlrnl the estuarine management plan and the process hy which it is dc,dt1pcd arc L'onsistcnt with ( i) the natio11al estuarine managcmclll protocol: a11d (ii) the 11ational coastal managerm.mt programme and wi1h the applicable provincial coastal management progranHnt'. and muni1:ipal coastal 20 management programme rcfcmxl to in Pans I. 2 and > or Ch,tpter 6. (2) An estuarine management plan may form an integral pan of a provirn.: ial coastal management programme or a municipal coastal management programme. CHAPTERS INSTITUTIONAi, ARRAN(;EMENTS Part I ,\iational Coustal Committee Establishment and functions of National Coastal Committee 35. (I) The Mini~tcr must by notice in !he G(l-::,efre esl,thlish a '.'lational Coastal Committee and determine its po...,.'crs. JO (2) The Department must provide administrative support 10 the National Cow,tal Committee. (:'I) The Nc1tional Coastal Committee must promole inlcgrah:d coastal management in th1: Rcpuhlic and effective co-opcrntiw governance by cu-ordina1ing the effective irnplcmcntalitln or this Act and t)r the nalional coast;il management programme. and in 35 particular musl (o) promote imegrate<l coastal rnanagcrncnl (i) within e,tdl sphere of government: (ii) hctween dillcrcnt spheres of government: and (iii) he1w1:en organs of slate and other parties concerned wich \.'Oastal 40 management; (h> promote 1he integration of coastal managcrncnl concerns and ohjcclivcs inlu (i J 1hosc environmental implementation plnns and environmental manage ment plans referred to in Chapter ., or the :--.lational Environmenfal 4:'i [\,fanagcmcnl Act lo which they an: relevan,: (ii) national. provincial and municipal dcvclopment policies. plans and slratcgie\: ( iii l other plans. programmes and policic, of organs of s1at1.: whnsc aL·Jivi1i1.', may create adverse effects on the -.:oastal environment: and 50 (c) perform any fu nclion delegated to ii. Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za GOVERNMENT GAZETTE. 11 l+JiRLARY ~om Ac-t No. 24, 2008 t\ATJO\IAL ENVIRONMENTAL MANAGE\1ENT: lr\TEGRATH) COASTAL \,IA\IAGEMENT ACT. 2008 Composition of National Coastal Committee 36. (I) The Minister appoints the members of the National Coastal Com mi lice. (2) (a) The persons to be appointed in terms of subsection (I) must, by virtue of I.he nffice that they hold or their expertise, be able to assist the National Coastal Committee in fulfilling its functions. 5 (b) When appointing persons in terms of subsection (I), the Minister must ensure that the National Coastal Commillec includes ( i) persons with expertise in tic lds relevant to coastal management and coastal ecosystems: (ii) a representative from each Provincial Coastal Comrnith.:c: 10 (iii} oni.: or mon: rm:mhi.:rs representing: municipalities in the coastal znne: (iv) representatives nl' national governmi.:nt departments which play a signi ficanl role in un(krtaking or regulating activities that may have an adverse effect on the coastal env ironrnent. including representatives of the departments responsible for agrieullun.:. minerals and energy. transport. puhlic v..-orks, 15 provincial and lrn:al government. land affairs, water affairs and forestry and trade and industry: and (v} one or more members representing thi:- management authorities nf coastal prntc..:ted areas. Li) The Minister may. on the hasis of the criteria referred to in suhscction (2). 20 appoint (a) an alternate mernher for any mcmher of the National Coastal Commi11ec: and r h) a replaccmcnl for any member who vacates his or her otticc . (4) The Minister must. with thc consent of the Minister olTinance. deknnine the rnte of remuneration and the allowances payahli.: to any member of the National Coastal 25 Committee who is not an employee of an organ nf state. Vacation of office and termination of membership 37. (1) A mcmher of the National Coastal Cornmittcc vacates oHice if he or she ( u) becomes impaired to the cxtcnt that he or shl'. is unahle lo carry out his or her duties as a member of the N,llional Coastal Committee: .-~o (h) cL:ascs to hold any olllce nci.:cssary for his or her appoin1trn:nt to the National Coastal Cnmmilll'.l'.: or (c) tenders his or hcr rL:signation and a Minister accepts it. (2) The MinistL:r may terminate me.mhcrship of a member of the National Coastal Committee where- y:; (a) that mcmhl'.r fails tu perform the duties of a member as rL:quircd in terms or this Act: (h) that mernher obstructs or impedes the National Coastal Cumrnittee in the performance of its functions in lcrms of this Act: (c) that member hring.s the National Coastal Committee into disrepute: or 40 (di such termination is in the interest of the public . Part 2 Provi11cial lead agencies Designation and functions of provincial lead agency 38. ( l) Thc Premier or ead1 coastal province must, within two months of the 45 i.:ommcn..:ement ol' this Act designate a provincial organ of state to function as the lead agency for coastal management in the provincc and must ensure that there is at all times a lead agency rur eoastJl management in the province which is responsible to the MEC. 0) Each provinual kad agency must. within the province ((/ j en-ordinall'. thl'. implementation of the provincial coastal management 50 programme rckrred to in Part 2 of Chapter 6: Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 54 GOVFR:--ME:'-JT GAZETTL'., 11 FEBRUARY 2009 Al'! No. 24, 20011 NATIONAL EI\VIRONME:-;TAL :\1A'.'IAGEI\·1E1'T: l'.\'TFGRATED COASTAL MAI\AGE\1f'NT ACT. 2008 ( b) rnoni1m coastal managcrncnt in the province to ensure that it is undertaken in an integraled, elkctive and efficient manner and in accordance with th!..'. ohjccts of this Act: (c) monitor 1he s.tare of the environment in the C()astal !'.OHL'. and relevant trends affecting that environment, and idcn1ify provincial priority issues: 5 (tfj co-ordinate the prepara1ion nf a provincial state of the coast report required hy section 9~(2): I e) provide logis1ical and adminis1rn1ive support 10 the Provincial Coastal Com1ni1tcc established in accordam:c wiLh section 39: (/) review reports lhat rel ale 10 determinal ions and adjustments under Chaptcr 3 10 or that Cllncern policies that may impac\ on the coastal 1,om:: (g ) promote, in collaboratilln with otlH:r appropriate bodil.'.s and organisations. training. cducation and public awareness programmes relating 10 the protection. conservation and enhancement of the coastal env irunment and the suslainahle U'>e of coas1al resources: 15 ( Ir J take all reasonahly practical measures co monilor compliance with. and 10 ent'orce. this Act, eithcr alone m in co-operation with other cnforcemcnt agencies; and / i) perform any other functions assigned 10 it by the Minister or the MEC under this Act. 20 0) The Premier may assign s11me of the functions referred 10 in suhse,.:t ion (I) 10 any organ of slate other than the lead agency in the province . Part 3 Prorincial Coastal Committees Establishment and functions of' Provincial Coastal Committees 39. (I) Each MEC must within J 2 months (1f the commencement or this Act establish a Provincial Coastal (\,mrnillce r()r the province. (2) A Provincial C:Pastal Commith:e musl 1 cii promote integrak'd coastal nrnnage111en1 in the pnivi m:e and the co-ordinated and elkctivc i111plc1m:ntation of thi:-. /\ct and till' pro\'incial uiastal managl' - ,n mcnt prngrammc: (hJ advise the MEC. the provincial lead agency and the Nat]l)nal Coas1al Committee on matters cnncerning nJas1al rnanagL'mcnt in the provinl'e: (cJ advise tht: MEC on dev~loping, finalising. 1\:viewing and amending the provincial coastal management programme; .'15 (di promote a co-ordinated, indusi\'c and inwgratecl approach tu coastal management wi1hin the province hy providing a forum for, and promoting. dialogut:. co-operation and co-ordination hctween the key organs of slale and other persons involved in coastal management in the pruvincc: ( <' ) pnimote the integration of coastal management concerns aml tlbJcctives into 40 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 (/) perforn1 any function Jekgated to il. Composition of Provincial Coastal Committees 45 40. ( 11 Subject to subsection (5 ). the MEC must determine the composition of tht: Provincial Coaslal Cmnmiltec. and in doing so must take account of the dc..,irahility of ensuring the representation on the Provincial Coastal Committce of organs of stale and community groups or bodies which have a material and direct intcrcst in the conscrYation and management or the coast or the use of coastal 1-i:sourl'es including 50 Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za No. 31884 GOVER:'l\-lENT GA/.l'TTE. 11 1·1,HRUARY 2009 Al'l No. 24, 2008 '-JATIONAL ENVIKONMEt-,;TAL MAl\'AGEME\T INTEGKATED COASTAL \1A\"AGEMEVr ACT, 2008 representatives of government who play a significant role in undertaking or regulating activities that may have an adverse in1pac1 on the coastal environment. (2) The MEC must (o) appoint persons to the Provincial Coastal Committee who by virtue of the oflice that they hold or their expertise arc ahle to assist lhe Provincial Coastc1l 5 Curnmillcc in fu Ifill ing ils functions: and /h) when appoiniing persons in terms nfparagraph (a). ensure that the Provincial Coastal Commith.T includes (i) persons with expertise in fields relevant lo coastal management: (ii) one m more members representing municipalities in lhc coastal zone: 10 ( iii J one or more members representing community bc1sed and non-govern ment organisations; and (iv) one or more members representing scientilic or coastal research institutes. (:I) The MEC may. on the basis of the criteria referred to in subsections (I) and (2 ). 15 appoint ( a) an alternate memher for any memher of the Provincial Coastal Committee: and (h) a rL~placcmcnt for any mcmher who vacalcs his or her office. (4) The MEC must. with the consent of the MEC rcspnnsihle for finance in the 20 province. Jctcrmi nc the rate of remuneration and the allowances payable 10 any member of the Provincial Coastal Commitlee •Nho is not an employee of an organ of state. (:'i) The Dircctur-Gencral may appoint a memher of the Department to participate as a non-voting mcmhcr of a Provincial Coastal Committee and may ilppoint an al1.erna1e or repla.:emcnc for any such member. 25 Vacation of office and termination of membership 41. ( 1 J A memher or a Provim:ial Coastal Commillec vacates oltice i r he or she ( a) hccomcs impaired to the extent that he or she is unable lo carry out his or her duties as a member of the Provincial Coastal Commiflee: (/J) ceases to hold any onice necessary for his or her appoimmcnl 10 the Provincial :m Coastal Commillec: ur (c) ccnders his or her resignation and lhc MEC accepts it. 12) The MEC may lcrminate rnernhership nf the memher of the Provincial Coaqal Commiuec ,vhcre ( aJ he or she fails to pcrfurrn the duties of a mcmhcr as required in terms of this 15 Act: (h) he or she ohscructs or impedes the Provincial Coastal Commillcc in thc perfi.mnance uf lls functinns in tl.!rms of this Act: (cl he or she brings the Provincial Coastal Commillee into disrepu1c : or (d) sud1 termination is in the interest or the public 40 Part 4 Municipal Coastal Committee.1· Establishment and functions of municipal coastal commiUecs 42. ( l) Each metropolitan rnuntcipality and each dist.rict municipality that has jurisdi.:tion over any part of lhe i:oastal zone may csrnhlish a coastal cornmillee for the 45 municipality and. subject to suhsection (4). determine its powers. (2) Any lo..:al municipality that has jurisdic1ion over any pilrt of the coastal zone may establish a .:oasral comrnitke for the munic.:ipality and. suh jcct to subsection <4), determine its powers. which may indudc lhe power to establish local subcommillces or the municipal coastal comrnittee. 50 (:\) A municipal coastal commillcc contelllplated in subsections (I) and (2) may include Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za No .. 118X4 GOVER:-.:MENT GA/J·TTF. 11 f'J-,BRCARY 21)09 Act \'o. 24, 2008 NATIONAL hNVIRONMFNTAL MANAGE\<IEI\T. INTEGRATED CO,\STAL MANAGE\1ENT ACT. 2008 (u) persons with expertise in fields relevant to coastal management; anJ (b) representatives of the management authorities of coastal prnlc<.:tcd areas or special management areas within the municipality: and (c) n;prescntativcs of communiti<.:s or organisations with a particular interest in contrihuting to effective coastal management. such as port authllritics, organs .S 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 co ordinated and effective implementation of this Acl and thi.: municipal coastal 10 management programmi.:: (hi advis..: 1hc municipal manager, the municipal counc:il and 1he provincial coas1al committee on 111a1ters concerning coastal management within the area ufjurisdiuion of the municipal coastal committee; ( c) advise thi.: munic:ipality on developing. finalising. reviewing and amending 15 the munic:ipal coastal management programme: (di promote a <.:o-ordinatcd. inclusi vc and integrated approach to coas1al managemcnl within the munis:ipality hy providing a forum for, and promoting. dialogue. co-operation and co-ordination bi.:twccn th;: ki.:y organs of state and other persons involved in c(1astal management within its ari.:a of 20 jurisdit:tiun: ( e) promote the integration of n1as1al management com:erns and ohjedives into the munic:ipality's integrated <lt.!velupment plan and spatial development frami.:work and into u1her municipal plans. programme.~ and policii.:s that affect 1hc coastal environment: anLI 2.'i (./) perform any coastal governance func1ion dekga1ed to it. Part 5 Voluntary Coastal Officers Voluntary coastal officers 43, (I) The MEC or a coastal province may appoint any mcm hi.:r of the puhlic who has 30 appropriate cxperlisc as a volun1ary coaslal ofliei.:r. (2J A volunlary n1as1al olfo:.:cr must cxcr;:ise 1hc powers and pcrrnrrn 1hi.: dutii.:, assigned Ill him or her hy the MEC in a manner 1ha1 conserves and prokcts coastal puhlic prope11y. n) The MEC must- 35 (a) prescribe !he powers and duties of voluntary coas1al ofticcrs; (h) clearly delinc the ri.:spnnsihilities and du1ii.:s of each voluntary coaslal nllici.:r in his or her lclter nf appointment; and ( c) issue each voluntary coastal nllicer with an iden1ity c:ard that confirms his nr her appointment. 40 ( 4) A voluntary coastal (lfli;:cr who is exercising powers or performing functillns in 1crms of 1his Act must produce his or her idenlily card al lhe n:quesl of a memher of the puhlic. CHAPTERfi COASTAL MANAGEMENT Part 1 National coastal management programme Preparation and adoption of national coastal management programme 44. ( l) The Minister 45 Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 60 No. 31884 GOVERNMENT GA/.f:TTI ' . 11 t+.ttRl!ARY 2009 Act 'io. 24, 2008 NATIONAL ENVIRONMENTAL MA'.\AC,EMENT: INTh(;R/ITED COASTAL MANAGEMJ-:vr ACT, 2008 (a) must \1,,·ithin four years after this Act takes effect. prepare anJ adopt a national coastal management programme for managing the coastal zone; (h) must review the programme at least once every five years; and r c) may, when necessary, amend the programme. (2) lkfore adopting a programme contemplated in suhsection (1 )(a). the Minister 5 must hy notice in the Ga::,ette invite mernhers of the puhlic lo suhmit Lo the Minister, within 30 days of such notice. written representations on or ohjections to the programme. (1) The Minister must, within 60 days of the adoption of the national coastal management programme or of any suhstantial amendment Lo it- I 0 (a) give notice to the puhlic (i) of the adoption of the programme; and (ii) that copies of, or extracts from, the programme are availahle for puhlic inspec1ion at spccified plai:cs: and ( h) puhlicise a summary of the programme. 15 Contents of national coastal management programme 45. ( I ) The national coastal management program mi: musi (a) be a policy directive on integrated coastal management: and ( h) prov idc for an intcgrated, co-ordinated and uniform approa<.:h to coastal management hy organs of slate in all spheres of governrncnt , non- 20 governmental organisations, the privati: scdor and lo<.:al <.:ommunitics . (2) The national coastal management programme must include the following <.:ornpom;nts : ( o) A national vision !'or rnastal management in the Repuhlic. including the sustainahle usc of coastal resoun:cs: 25 (bJ national coastal management ohjcctivcs; ( c) priorities and strategies to achieve those ohjectives: (d) performance indicators to measure progress with thc achicvemcnt of those objectives; / c) norms and standards for the managern(·nt or- 30 (it the Ulastal tone generally : (ii f the specili<.: i.:ornponents of the coastal zonc; and (/J a rramework for co-operati w gnvcrnance to i mplemenl mcasures concerning coastal manugi:rncnt that (i) identifies 1hc rcsponsihilities of different organs uf stale. including their 35 responsihilitie~ in relation to marginalised or previously di sadvantaged cornmuniLie~ that arc dependent on coastal resourci:s for their livdihoml: and (ii) facilitatcs ctHmlinated and integrated coastal management. Part 2 Provincial coastal management programme.~ Preparation and adoption of provincial coastal management programmes 46. ( 1 ) The MEC t11' each coastal province 40 ( a) must within four years or the cornnu::ncement of this Act, prepare and adort a provirn:ial coastal management programme for managing the coastal zonc in 45 the provincc: (h) must review thc programme at least nni:e every fivc years: and ( c) may. when ncecssary. amend the programme. (2) Befon: adurting. a programme contemplated in subsection ( l )fa). the MEC must hv nutici: in the Ga::.erre invite memhers or the puhlic lo suhrnit to the MEC. within 10 50 d;1ys of such not1Cc. written rq1res,:ntatinns on or ohjcctions tu lln; prugranune. Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za No. J 1884 GOVERr\ME'.JT GAZETTE. 11 FE8Rl JARY 2009 Act No. 24, 2008 "IATIONAL ENVIRONMEr\TAL MANAGEMENT: 1:--JTEGRAlTD COASTAL MANAGl-'MENT ACT. 2008 (3) The MEC must, within 60 days or the adoption of the provincial coastal management programme or or any suhslanlial amcndmenl tn it / a) give notice to the puhl ic (i) of 1he adoption of the programme; and (ii) that copies of, or extracts from. the programme are availahle for puhlic 5 inspection al specified places; and (hj puhlicise a summary of the programme. (4) 1f the province has a provincial land development plan or an int.cgrated development plan. programme or strntegy, its coastal management programme may form part of Iha! plan, program rm: or strategy. 10 Contents of provincial coastal management programmes 47. (I) A provincial coastal management rrograrnme must (a) he a provincial rolicy dirccti ve for the management of the coastal 10ne in the province; ( bt prov idc for an integrated. coordinated and uniform approach 10 coaslal 15 management in the provirn;c; and ( c·) he consistent with (i) the national coastal management programme; and (ii) the national estuarine management protocol. (2) A provincial coastal managcmrnl programme must include- 20 (aj a vision !"or the management of the coastal zone in the province. including the sustainahlc use of coastal n::sources; ( bj tht! niastal management objectives for the coastal zone in the province and for specilic parts of the coastal zone; ( c) priorities and strategics- 25 (i) to achieve the coastal management objectives of the province; (ii) to assist in the achievement of the national coastal management objectives as applicahk in the province; (iii) 10 Jevdop equarine management plans for cstuarics in the province; anJ (d! pcrformancc indicators lo mcasun; progress with the achicvcmcnt of those 30 oh icctives. (JJ A provincial coastal managemenc programme may include a programme of projected cx.penditure and investment hy the provincial government in order to impkrrn:nl the provincial coast.al management programme. Part 3 Municipal coastal managemellf programmes Preparation and adoption of municipal coastal management programmes 48. (I) A coastal municipality /a) must. within four years of the uimmcnccment of this Acl, prepare and adopt 35 a municipal coastal management programme for managing the coastal zone nr 40 specitic parts of the coastal znnc in the municipality: (hJ must review any programme adopted by it at least once every five years: and ( cj may. when necessary. amend the programme. (2) Rcfore adopting a programme contemplated in suhsection ( 1 )( a), a municipality must hy notice in the Ga::erre invite members of the public lo submit written 45 representations on or objections to the programme in accordance with the procedure contcmplatcd in Chapter 4 of the Municipal Systems Act. (1i) A municipality must. within 60 days of the adoptil>n or the municipal coastal management programme or of any suhstantial amendment to it (aj give 1111ticc 10 the puhlic--- 50 { i) of the adoption nf the programme; and Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 64 OOVER\MENT GAZETTE. 11 PEBRUARY 200') Ad !'lo. 2-i, 2008 1',ATIO;-.;AL E!\JVIROI\IMF.i\TAL MA:\AGEMENT: INTEGRATED COASTAL MANAGEME!\T ACT. 2008 (ii) that copies of, ur extracts from the programme are availahle frlr puhlic inspection at specified places; and (h) puhlicise a summary of the programme. (4) A municipality may pn::p□ re and adopl a coas1al managemrnt programme as part of an integrated <lcvdnprncnt plan and spatial devdopment framework adop1ed in 5 aecordancc with the Municipal Systems;\.:( and if it docs so, compliance wi1h the puhlic participation requiremen1s prescrihcd in terms of lhc Municipal Systems Act for 1he preparation and adoption of inlegratc<l dcvclopmenl plans will be regarded as compliance with puhlic parlii.:ipalion ri.:quirements in 11.:rms or this Act. Contents of municipal coastal management programmes 10 49. ( I ) A municipal coastal managemcnt programme mus! ( a) he a cohcrenl municipal pnliey directive for lhe management of the coastal zone within the junsdiction of the municipality; and (h) be consistent with ( i) the national and provincial coastal managcmrnt programmes: and IS (ii) the natrnnal cstuarine management protocol. (2) A municipal coastal management programme must include ( a) a, is ion fnr the management of 1hc coastal zone within thc jurisdiclion of the municipality, indu<ling the sustainahle use of 1.:oastal resources: ( b) the coastal managemrnt ohjectivcs for the coastal zone within lhe jurisdiction 20 <if the municipality: (c) prioritil.'s and s1ra1egies (i) to achieve the coastal management ohjectives of the municipality: and (ii) to assist in the achievement of the national and provincial coastal management ohjcctivcs as may he applicahlc in the muniripality: 25 (iii) to address the high pcrcentagc of v:11.:ant plots and the low occupancy levels of rcsidt·mial dwellings: {iv) to Ct]uitably designate wncs as cnntemplati:J in section 5NI )(a)(i) for !hi: purposes of mixed cost housing and taking into account the needs of previously disadvantaged individuals: 30 (v) tn address coastal erosion am.I accretion: and I v1) In deal ,vith au:ess issues. ( d) performance indicators to measure progress with the achievement of those ohjcctivcs. ( 3) A municipal coastal managcmcnt pnlgrammc may induJe- Yi (u) a programme of projectcd expenditure and investment hy 1he municipality in coastal m • .rnagcmenl infrastructure or in order IO imple1rn:nt any coas1al management prugramme; ( h) a dcscripr.ion of speciiic areas within the coastal zone that require special coastal management. and management strategies for those areas : 40 (c) estuarine 111anagcmcn1 plans: and (d! any other mallcr that may be prescribed. By-laws SO. A. muni1..-ipality may administer its coastal management programme and may make by-laws 10 provide for the implementation. administration and cnfon:i.:ment of thi.: 45 coastal management programme. Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za t,;o. 31884 GOVEl{f',;ME"IT GAZhTTE. 11 FEBRCAl{Y 2009 ,\fl :,,;o. 24, 2008 NATIO!'.AL hNVIRO:-.MhNTAL MANAGE\-IENT: ]]\ rEGRATED COASTAL \-!Ar-.;AGr.\-1F"IT ACT. 2008 Part 4 Co-ordi11atio11 a11d 11lig11me11t "f pla11.f and coastal management programmes Alignment of certain plans with coastal management programmes 51. An cnvironmenlal impkmenta1inn or environmental management plan in terms of Chapter~ of !he National Environmental Management Act. an integrated Jevclopmenl i plan in ti .. ·rn1s of the Municipal Systems Ad and a provim:ial or munic:ipal land Jevdopmcnt plan mus1 ( a) be aligned wi1h 1hc national coastal management progrmmnc an<l any applicable pn,vincial ux1stal m,1nagemem program1m:; I bJ contain those provisions of the national coastal management programme and I 0 any applicable provin<:ial coastal management programme thal spec:itically applies to ii: and ( c) give effect to the national coastal managemeni programme and any ,1pplic:ahlc provincial coastal management programme. Ensuring consistenQ' between coastal management programmes and other 15 statutory plans 52. ( I l ror the purposes of this scdion. ··statutory plan" means a plan. pol i<.·y or programme adopted hy an organ of stale that may affect coastal rnanagemenl. and without limitation, may im:lude (a) an environmental implementation or environmental management plan pre- ~O pareJ in terms of Chapter 3 of the National Environmental Management Act; (h) an intcgratc<l Jevclopmenl plan adopted by a municipality in terms of the Municipal System~ Act: (r) the national biodiversity framework n:li:rred tn in section .W, t1f the Riodin;rsi1y Act and a hioregional plan prepared in terms of that Act; 25 tel) a provincial or muni-:ipal land development plan: ( e) a provim:ial strategic policy and plan com:erncd with promoting sustainahk lkvclopmcnt: and (/) the national estuarine management protocol. (2) The Minister must ensure that there is consistency he1ween the national <.:oastal ,o managcmcni pl.111 and other statutory plans adopted hy a national nrg,111 of stale . (3) The MFC must ensure that there is .:onsistem:y hctwcen the provincial <.:oas1~il managcment plan and other statutory plans adopted hy either a national or a provincial organ of slate. (41 Each municipality in the cuastal zone must ensure 1ha1 its i111egrated devclop1rn:n1 ~5 plan (indurJing its spatial devl'iopmem rramcwurk) is consistent wi1h other stalutory plans aJopled by eith,:r a national or a provincial organ of state. (."i) If there is a conllict between the provisions of a n,aslal management programme and the provisions of another statutory plan, lhe person responsihlc urnkr suhscctions (2). (3) or (4) to ensure consistency must discuss the conflict with the organ of state 40 responsible for that statutor)' plan in order to resolve the conflict- failing which the eonllict must he dealt with in accordance with Chapter 4 of the National Environmental Management Ac:1. (6) Conflicts between a c:oastal management programme and <llht:r statutory plans must he res1)[ vcd in a manner that best promotes the ohjccts of this Act. 45 (7) Once the parties referred tu in subsection (5) have resolved the contlic:1 they must make appropriate amendments to one or more of such conlfo.:ting phtns. Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za GOVERNMENT GA/.HTF. 11 rFRRU,\RY ~00<; A<-t No. 24, 2008 t\/\TIONAL ENVJRONMl :C'ITAL MANACEMr.NT: INTE(,RATED COASTAL MANAGEMENT ACT. 2008 Part 5 Public participation Consultation and puhlic participation 53. (I) Before exercising a pown, which this Act rcquin:s 10 he exercised in accnrdancc with this sect.ion. the Minister, MEC, municipality or other person 5 c.xercising tlwr puwcr must-· (Cl) consult with all Ministcrs, MEC's or municipalities whose areas of n.:sponsihilitic.~ will he affectcLI hy the exercise Dr the pliwcrs in accoruance with thl' principks of en-operative govnnancc as si.:t out in Chaplcr 3 ol lhc Conslitution: 10 / h ) puhl ish or hwadcast his or her intenl ion to do so in a manner that i~ reasonahly likdy to hring it to the allention of the puhlic: and /<) hy nolicc in 1hc Ga;,crre (i) invik memhers of thc puhlic to suhmil. within no lcs<; than 30 Jays of such notice . wTittcn repn:scntations or ohjections to the pmposed 1 .S exercise of power; .ind rii) contain sutlicis:nt information to cnah!e mcmhcrs of th.: puhlii.: to suhmit rcrrcscntations or ohjl'ctions. Part 6 Review of coastal management programme.~ Powers of Minister to review coastal management programmes 54. (I) Thi.: Ministl'r may ut any time review any provincial coastal management progra11mK·. (2) The Minister must, in reviewing Lhc provini.:ial coastal management programme. 20 determine whether or nnt il~ 2:'i (u) mccls the requin:mcnls ~pci.:ifil'd in section 47: I /1 J is ctinsisti.:nt with thc national coastal management programme: ( c) givi.:s adc4uatc protc.:tion lo coastal puhl1.: prop.:rty: an<l (d) proviucs an appropriatL: polil')' rramcwurk ror estahlishing an dk:ctin' and c/Jicicn! system of coastal management. 30 (.\) If thc Minisler hcliews that a provincial coastal management programme drn.:s not meet all the lTitcria rcfcrrcu to in suhsection (2). the Minister must hy no1icc 10 thc MEC of the provinL·c concerned. rc4uire the MEC to mnend or replace the pwvincial coastal managcmcnl pmgrammc within a rcasonahlc perm<l. \vhid1 must he spccitic<l in the noti.:e. 3:'i (4) An MEC who receives a notin.~ in terms or suhscction (3) must amend or rcplm:e the provinl·ial coast,11 managemem programme hy following the same pro..:edure used to prepare and auopl it in terms of this Act. except that the ncw or amended coastal management prngrarnmc may nm hc ti nally adopted without the consent nf the Minister. (5) (a/ The Minister may request an MEC Lo review a municipal coastal management 40 programme undcr section 55. ( /)) If thc MEC is unahlc or unwilling w review the municipal t:oastal management programme within a reaslinahlc period. the Minister may do so. in w·hid1 casl' sel'lion .S:'i applies with the nL:ccssary changes. Review of municipal coastal management programmes 55. (I) Thc MEC may al any tinll.: review a muni.:ipal coastal management prngr,unme. 45 Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za ;[) GOVl'RNME:,rr GAZHTf'. 11 f'l:13RUARY '.:'OO'J Act No. 24, 2008 "JATION1\I. E'.\VIROI\ME>il,'IL M/\:-.IAGFMF.'-IT: INTl'GRAJl,J) COASTAL MANAGEMEf\T ACT. '.:'008 (2) The MEC must. in rcvicw·ing the municipal coastal management programme. determine whe1hcr or not it ( a) meets the rcquiremen1s spcci lied in section 49: (b) is consiste1H with the national and the provincial coastal managcmcn1 programmes: 5 ( c) gives adequate protection to coastal public property: and (d} was prepared in a manner that allowed for effective participation hy intt:rested and alkcted parties. (3) IL after considering the advice of the Provincial Coastal Committee. tht.:: MEC believes that a municipal coast;il management programme does not meet all the criteria I 0 referred to in sub!-.cction (2). the MEC mus(. by nut ice to the municipality concerned, require the municipality Lo amt.::nd or n:place the municipal coastal managcment programme within a rcastmahle period. which must he specified in the notice. ( 4) A municipality that receivcs a notice in tcrms of subsection ( .'). musl amend or replace the municipal coastal management programme by following the same procedure 15 used Lo prepare and ::idopt it in tcnns of 1his Act cxcepl that the new or amended coastal management prtigramme may nut he finally adopted without the consenl of the MEC. Part 7 Comtal plan1Jing schemes Planning schemes for areas within coastal zone 56. ( 1 ) A coastal planning scheme is a scheme that facilitates the attainmi:nt of coastal management ohje~'.Li ves by ( a} defining arcas within the coastal zone or coastal management area which may 20 ( i) he used aclusively or mainly for specified purposes or activities: m 25 (ii) rwt he used for specilkd purposes or activi1ies: and ( /)) prohihi1ing llr rcs1ricting activities or uses of areas lhat do not comply wi1h the rules of the scheme. (2) A (oas1al planning scheme rnust (o) he cs1ahlishcd by noli<.:c in the Go::.erre: .30 (hi hL' consislcnt with (i) thisAcl: (ii) the national coastal management programme: (iii) the applicahk provincial coastal management programme: and (iv) any eswarinc management plan applicahlc in the area; and Yi /cl take into 1.1ccuunt any other applicable coastal management pro:;.r,unmes. ( 3) A coastal plarming schcrnc may he estahlished ,md implernenled for an area within the coastal zonc by ( a) the Minister. after consultation with the MEC and with any authority that is responsihlc for managing an area to which the planning scheme applies. if the 40 planning sd1emc applies IO (i) an area or coastal public properly and is estahl ished to protect and control the use of marine Irving resources or to implement natioirnl norms or standards: (lf (ii) an area of the cm1stal mm: that straddles the border hetween two 45 provinces, or .adjoins or straddles lhc borders or the Republic of South Al"rica: Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 72 GOVERNMENT GAZETTI'. 11 FEBRUARY 1009 Ad :\o. 24, ZOOK NATIONAL i--::-;vIRONMf-:NTAL MANAGr.ME.'JT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 (h) the person in which the authority to manage a coastal protected area is wsted, if the planning scheme only applies within that protected area; (c) the MEC. alkr consultation with the Minister and any authority that is n:sponsihlc for managing an area to which the planning scheme applies, if the planning scheme is not one referred to in paragraph (a) or (h) and applies to an 5 area ol' the coastal wne within the prov i nee: (d) the municipality, in Cl)nsullation with the MEC and i.i1kr consultatil1n with any authority that is responsihlc for managing an area to which the planning scheme applies, if the planning scheme is not one referred to in paragraphs (u) or ( b) and applies to an area falling within its jurisdiction: and I 0 ( e j the management authority of a special management area, in i.:onsultation with the MEC and afcer consultation with the munii.:ipality, if the planning sd1eme only applies within that management area. (4) A coastal planning sd1cmc cstahlishcd by ( a) the Mi nistcr takes pn.>LTdcncc Dvcr any other coastal planning scheme: 15 ( bi the person in which the authnrity to manage a coastal protected area is vested. takes precedence within that protected area over any other coastal planning scheme except one estahlished hy the Minister; ( !' i an '.\1.EC Lakes precedence uver any olher i.:oastal planning sd1cme except tine cst:ihlished hy the Minister or the management authority for a coastal 20 protected art:a; or (d) a municipality takt:s precedence over any other coastal planning sd1ernc nn:pt one cslahlishcd hy Lhc Minister or the MEC, or e"tahltshed within a i.:oastal protected urea by the munagement authority for that protected area. (5) A coastal planning scht:mt: may only he established with the consent of- 25 ( a) the Minister, if the scheme applies to an area that extends inw the sea further than 500 metres l'rom the high-water mark or affects the protection or use of marine living n:sourccs: or (h) tht: Minister of Transport, il'Lhe schcmc (i) affects the navigation nf vessds on the sea: or :m (ii) restricts vessels entering or leaving a harbour. (6) A i.:nastal planning scl1eme may not ncatc any rights 10 use land or cnastal waters, Coastal planning and land use schemes of municipalities 57. (I) Subject to section 56(5). a coastal planning scheme of a munidpc11i1y may form. and he .:nforccd as pan ol', any land use scheme adopted hy the municipality. J5 (2J (u} A municipality may not adopt a land usc scheme !hat is ini.:onsistcnl with a coastal planning scheme established in terms of this Ai.:t. (hi If there is a i.:onftict between a municipal land use scheme established after the commcm:cmcnt of this Acl. aml a i.:nastal planning scheme madt: in terms of I his Act, the coastal pl,mning scheme shall prevail. 40 Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 74 No.1lXX4 GOVEl{!',"MENT G1\ZETTE. 11 1+:HRL'.ARY 2009 Act No. 24, 2008 NATIO'.\AL 1-'.NVIRONMhNTAI. \1ANAGFMFNT: INTl'.ClRATl ' D COASTAL \1A\AGE~vJE:--.T 1\CT. 2008 CHAPTER 7 PROTECTION OF COASTAL ENVIRONMENT Part 1 Assessing, avoiding and minimising advene effects Duty to avoid causing adverse effects on coastal environment 5 58. ( l) (o) Section 28 nf the National Environmental Management Act arplies. suhject to tht: necessary changes. to any impact caused by any person and 1hat has an adverse effect on the coastal envininmcnt. (b) For the ruqrn,-es ,,r the application of section 28 a refc:rence in that seclion to (il ·•signilicant pollution or degradation of the environment" must he read as 10 induding an adverse effect on the euastal environment: (ii) "environment'' must be read as including the coastal environment: and (iii) "environmental managernelll plan" must he read as including a coastal management programme applicahlc in the area corn:;crncd. (2) For the purposes of suhsection ( 1 )- 15 ( a) tht: M inistt'r may, hy notice in the Ga~ette. determine thal an impact or activity described in the notice must he presumed, until the comrary is proved, to result in an adverse effect: and ( h) the persons Ln \.vhom se.:tion 28(1) and (2) of the National Environmental Management !\.:t applies must he regarded as inc.:luding- 20 (i l a user of eLJastal publil' prnpeny: ( ii l the owner. occupier, person in control of or user of land or premises on whid1 an activity that caused or is likely lo cause an adverse effect occurred. is occurring or is planned: (iii} the nwncr or pcrsnn in charge of a vessel. airi.:raft. platform or strudure 25 at sea, or the owner or driver of a vehicle. in rcspe.:t of which any activity that caused or 1s likely t(l <.:ausc an adverse effect o.:l.'.urred. i~ occurring or is planned; (iv) the opcralllr of a pipeline that ends in the coastal wne: or ( v) any person who produced or discharged a substance which caused, is 30 causing or is likely to c.n1se. an adverse effect. Coastal protection notice and coastal access notice 59. ( l) Ir the \1inisler has n:ason tu helievc that a person is carrying out. or in1cnds to carry nut. an m:tivity that is having. or is likely to have. an adverse effect on the coastal en, irnnment then. subject to ,-ubsection (2 ), he or sht: may issue a writtt:n cnas1al J5 protection notice to the person responsible for that acti vily ( a) prohibiting the activity if it is no! already prohibited in terms ol' this Act: and (h) instructing rhat person (iJ to take appropriate steps in 1erms of this A.:t or any other applkable legislation to protect the envininment: 40 (ii) 10 investigate and evaluate the impact of an auivity on an aspect of tl1e .:oastal environment in accordance with Chapter 5 of the National Environmental Management Al't: or tiii) 10 slop or postpunc the activity for a reasonable period to allow for the investigation to he carried out and for the Minister or MEC Lo evaluate 45 the report. (~) Before exercising a power to issue a l.'.naswl protection notice under suhscction (I). the Minister mml Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 76 GOYERNMl-''\JT GA/.l'"ITE. 11 1-EKRt:/\RY 2009 Act Nu. 24, 2008 l\ATl!.l~AL 1-'NVIRO'\JMEt,;TAL MA\jA(il:'\11-'NT: lNTEGR/\TED COASTAL \·IA'.\AGl'.!V1hNT ACT. ~00~ ( a) consult with any other organ or stale that authorised, or is competent to authorist:, the undertaking of the activity or proposed activity concerned: and (b) give the person to whom the rnastal protection notice is lo he addressed, an opportunity of making representations. (J) Notwithstanding section 87. the power or the Minister to issue a coastal protect ion 5 notice in terms or suhscction ( 1) may only he delegated lo· (a) the MFC, who rnay suhdclegate 1his power to a municipality in that province: or (h) an ollicial in lhe Dl'.partmcnl. (4) /\ coastal protection notice in tl'.rms of suhsc1:tion (I)- 10 ( a) must stalc (i) the reasons for the notice: (u) the period within which anything required hy the notice must be carried out: and (ii) that the person to wlwm it is mldressed may appeal against the notice in 15 tt..'rms of Chaptt!r 9: ( h) may instruct the person to whom it is addressed. among other mattcrs (i) lo huild. maintain or demolish any spl'.cilicd works: (i1) to closl'. a public access or rrevcnt unauthorised access to coastal public property at a specified place: 20 (iii) to plant. cultivate. preserve or stop damaging indigenous vegetation at a specihcd place: (iv) tll stop altning the geographical fcaturl'.s of land at a specified plact..': (v) to huild or maintain any specified works at a spccilit..'d plact..' to pml\.'ct land from wind erosion: 25 (vi) to rdrnbilitatc land at a specified place; (vii) 10 remove stock from land: or (viii) to take measures tn protect indigl'.nous fauna. (5) If the Minislt..'r has reason to helil'.ve that a person is carrying out. cir intends to carry out. an activity 1ha1 is lrnving. or is I ikely to hilve. an adverse effect on the rights -~() of natural persons to gain access to. use and enjoy coastal publ it: property. the Minister may issue a written cnastal access notice to that person /a) pwhihiting the auivity if it is ntll already prohihitl'.d in 1crms of this Act: and (h! instructing 1hat pcrs!in to take arprnpriate steps in tl'.rms ol" this /\ci or any other applicahlc legislation 10 allow m11ural persons access 10 the coastal :i,s publii: properly. (6) Whrn issuing a notice contemplatt..'d in suhsection (5). suhseccions (2 ). (3) anJ (4 l apply with thl'. nl'.ccssary changes. Repair or rcmo,·al of structures within coastal zone 60. (I) Th.: Minister or MEC. may issue a written repair or removal notice to any 40 person rcsponsihk for a sirudurc on or within the coastal Wilt' if that slrudure ( o) is having or is likely to h.Jvc an adverse effect llll the coast.al cnvironml'.nl hy virtue of its t..'Xistcnce. ht..'causc of its condition or hecausc it has hccn ahandonL·d: or ( h) has heen crl'.Ctl'.d. constructed or upgraded in contravention of this Act or any 45 other lav.0• (2) Before exercising a power IO issue a rt..'pair and rl'.moval noticl'. under suhsection (I). the Minister or MEC must ( a) ..:on suit with any uther organ of state thai authorised nr is competent to authorise the undertaking or the aeii vity or proposed activity rnnt.:erned: and 50 ( b) give che pt!rson to whom the rq1air and removal notice is lo he addressed an opportunity 10 make representations. Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 78 No.-1I884 GOVERI\MENT CAZFTTE. 11 l·+:flfWARY 2009 Act :>,11, 24, 2008 NATIOI\AL J-:,VIRONME.\/TAL MANAGEME:-lT: INTEGRATED COASTA.L l\1A\'AGEIV!Er-.T ACT. 2()()8 (3) Notwithstanding section 89 the powcinstcad of issuing a notice in accordance with subsection ( 4 Jr of the Minisll~r to issue a repair and removal notice in terms of suhsection (I) may only he delegated to ( a) the MEC who may subdelegate this power to a municipality in that province: ITT 5 (/J) an ollicial in the relevant dcpartmrnt. ( 4) A repair and removal notice in terms or subsection (I) ( a) mus[ slate ( i) the reasons for the notice: and (ii) that the person to whom it is addressed may appeal against the noti .. ·c in 10 terms of Chapter 9: and (hJ may instruct the person responsible for the structurc (i) to remove the structure from the coastal zone or place where it i~ situated within a spcci!ied period: (ii) to rehabilitate the site and as l'ar as is reasonahle, to restore it to a nalllrnl 15 state: (iii) to repair the structure to the satisfaction of the Minister or the MEC within the time stated in the miticc; or (iv) tt1 take any tllher approrriatc steps in terms of this Act or any other aprlicable legislation to secure the removal or repair of the structure . 20 (5) If a person responsible for a structure referred to in suhsection (I) cannot readily be found. the Minister or the MEC. instead of issuing: a notice in accordance with subsection (4), rnay (a) publish a notice that complies with the rrovisions ofsuhsection (2) once in the Cu::,crte and oni:e a week for I wo consecutive weeks in a newspaper 25 circulating in the area in whii:h the structure in question is situated: and (b) alfix a copy of the notice lo the structure in question during the period ol" advertisement. Failure to comply with certain notices 61. If a persnn fails Ill n)mply with a notice issued in \l: rms oi'sc\:tion 59( I) or (51 or 30 section 60( I) which rcquin;s that pcrson to carry out any spcci(ic action. or i I" the person responsible is ntit identilied after publication nf a m1tice in terms or seclit1n 60(5). the Minister or the MEC who issued the notice nrny instruct apprnpriate pcr.,ons tn- ( a) carry out what is required hy the notice: and (h) recover from the person to whom the notice was addressed. m in the ?,5 l·ircumstances referred to in section 60( 4) from any person subsequently found to he responsihle for the qructure. the costs reasonahly i ncurrcd in carrying out the n:quin:d actinn. Part 2 Regulation <~/' coastal wne Implementation of land use legislation in coastal protection zone 62. ( I) An organ of state thal i., responsihk for implementing nati nnal. provincial or municipal legislation that regulates the planning or development of land must. in a manner that conforms to the principles of en-operative governance contained in Chapter 40 3 of the Cunstitution. apply that legislation in relation to land in the cnas1al protect inn 45 zune in a \vay that gives effect to the purposes l'or which the protc\:tion zone is established as set Olli in section 17. i 2) An organ of slate may not autht,rise land within the coastal pro!eetinn zone to hi: used for any ae1ivtty that may have an adverse effect on the coastal environment w·ithout first considering an environmcntal irnpact assessment report. 50 Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 80 GOVl--:R'.\MEt-:T GAZl::TTE, 11 FEBRUARY 2009 Act No. 2", 2008 '.\ATIONAL 1-'JWIRONME\TAL MAKAGEMEKT: l'ffl--:GRAn--:D COASTAL \.IANAGFMI--ST ACT. 2008 Part 3 E11viro11mental authorisations EnYironrncntal authorisations for coastal actiYities 63. (I} Whi.:re an environmental authnrismion in terms of Chapter 5 of the National Environmental \1anagcmcnt Ad is required for coastal activitii.:s, the comrctcnt 5 authority must take into account all relevant factors , including (a) the n:prescntations made hy the applicant and hy intcrcsled and affected panics; ( h) the cxtcnl lo wlm..·h the applicant has in the past complied with similar authorisations: 10 ( c) whether coastal puhlic property. the coastal protection zone or coastal access land will he affected, and if so, the extent lo which lhe proposed development or activity is consisicnt with the purpose for establishing and protecting tho~c areas: (d) the estuarine management plans , coastal management programmes and 15 coastal management ohjectivcs applicahle in the area; (cJ the socio-enmomic impact if the activity (iJ is authorised: (ii) is not authorised: (f) the likely impact of the proposed activity on the coastal environment, 20 induding the cumulative effrct of its impact together with those of existing activities; (g) the likely i rnpact of coastal environmental pmcesscs on the proposed activity: and (h) the ohjccts of I.his Act, where applicahlc. 25 (2) The r,:ompetent authority may nnt issue an environmental authorisation if the development or ac1i,•ity for which authorisation is sought /11) is situated within coastal puhlic property and is inconsistent with the cih iecti,·c of conscr\'ing and enham.:ing coa:-.taf public property for the hendit of L'UITCnt and future generations; .:10 ( h) is situated within the coastal protection znne and is inconsistcnl with the pur pose for which a coast;:il protection zone is estahfished as set out in section 17; ( c) is siwated within coastal accc-.s land and is inconsistent with the purpo~e for which coastal au:css land is designated as sci out in section 1 K: (d) is likely to cause irreversible or long-lasting adverse effeclS to any aspect of :15 the coastal environment that cannot satisfactorily he mitigated: ( t) is likely to he significantly damaged or prejudiced by dynamic coastal processes: (/) would suhstantially prejudice 1he achii.:vement ol' any coastal management objective: or 40 (R) would he contrary to the intcresh of the whole: community. (:\) Nolv.'ithstanding suhscction (2 ), thc competent authori1y may issue an environ mental authorisation in respect <if an activity or a di.:vclopmcnt that docs not meet the criteria referred to in subsection (2)(a), ib) or ( t'} if ( ll) the very nature of the propost'd acli vity or development rcqu ires it to he 45 localed within t:oastal public property. the coastal pro1cction wne or coastal access land; or lb! the proposed activity or development will provide imponant services IO the puhlic when using rna~tal public properly, the coastal protection zone, l'Oastal m.:cess land or a coastal protected area. 50 Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za N(). :11884 GOVER:\MENT GAZETTE. l I f-EHIWARY 2009 Act Nn, 24, 2008 l\:ATIOKAL E~VIROKME:-;TAL MANAGE\.IEKT: INTFGRATl-'.D COASTAL MANAGE\1EKT ACT. ~008 (4) If an application for an environmental authorisation cannot be approved by the competent authority because of a provision of subsection (2). but the competent authority be] ieves that issuing the authorisation would be in the public i ntcrcsl, the competent authority may refer the application for consideration hy the Minister in tcnns of scc1ion 64. 5 (5) The 1:ompetent authority must ensure that the terms and con<lHions of any environmental authorisation are 1:onsistent with any applicahk coastal manage1m:n1 programmes and promote the attainment of coastal management ohjc1:tives in the arc:i cnncerncd. (6) Where an t.:nvironmerual authori<;ation is not required for coastal activities , the 10 Minis1er may. hy notice in the Ga::.cfle list such activities requiring a permit or licence. Minister may grant environmental authorisation in interests of whole community 64. ( 1) If an application for an environmental authorisation is referred to the Minister in terms of sedion 63(4) lhe Minisll~r may, after consultation with the MEC of Lhe relevant province, issue or authorise the other relevant competent authority to issue the 15 en vironrrn:ntal aurhorisation ( a> if the activity for which tht.: environ mental authorisation is requin:d is overwhelmingly in the interests of th<: \Vholc community despite the advnsc effect ii is likely to cause 10 the coastal zone: and (b) on condirion thar any irreversible or long-lasting adverse effects must he 20 mitigarcd as far as is reasonably possible. (2) Bcfon: deciding the application, the Minister may require the applicant I(> furnish additional in formation. including the results of any further studies undertaken. Part 4 Coastal lea.~es and coastal concessions 011 coastal public property Award of leases and concessions on coastal puhlic property 65. i I! Subject 10 se1:1ions 67 and 95 . no per,;on may occupy ,my part of. or site on. nr con-.trnct or acct any buiklinf!. mad. harrier nr struL·turl' on or in. coJstal publil· properly except under and in a-:cordancc with a coastal k:ase awarded hy 1hc Minister m terms of 25 this Chapter. .1i0 (2) Suhjcct to section 95. no person may claim an exclusive right to use or exploit any specific n1astal resource in any part of. or that is derived from. coastal public propt.:rty unless he or she /a) is empowered by national legislation to <lo so; or ( I,) is authorised 10 do so in terms of- 35 (i) a coastal concession awarded by the Minister in terms of this Chapter: or (ii) an authorisation issued under the Marine Living Resources Ad. (>) A L"oastal lease or coastal concession may he a\-varded by the Minister cirhcr (aJ on applic,1tion by a person : or (b ) if the Minis11:r so determines in any specific case. 1hrough a prescribed hid 40 process. (41 An application for a coastal lease or coastal concession must he lodged in the pn:scrihcd manner. ( 5 I A coastal kasc or coastal nmcessitin awarded in tt.:nns of this Chapter docs m11 relieve the lessee or concessionaire from the obligation to- 45 Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 84 Nn . . 1 I XK-l liOVER!',;MENT GAZJ-:TTE. 11 l'FHRL:ARY 2009 Al·t ~o. 24, 2008 !\ATIO.\'AL ENVIRO\'MF.t,.;TAL MANAGPv!J-::'-JT: l'ffEGlU,H.D COASTAL MANAGE\,1ENT ACT. 2008 (a) ohtain any other au1horisation that may he required in terms of this Acl or other legislation: or (h) cnmrly with any other legislation. Terms of coastal leases and coastal concessions 66. ( I ) A coastal ka,e Dr coastal concession- :'i /1.1} must he awarded for a tixcd period llf time of not more than 20 years: lb) is suhjcct lo any presi.:rihed rnn<litions or as mav he determined hv the Minister in any spc<.:i fie i.:asc: and • " ( c} must provide for the payment by the lessee or i.:nm.:cssionaire or a reasonable n.:nt. IO (2) J\ cnast.11 lc.1.,c or coastal conl:essinn on land that is partially m completely su h1mTged hy coastal w<.1ters may authorise the ksscc to use chc water either cxi.:lusivdy or for speci lied rurposi::s. Part 5 General prtll'i.~frms Temporary occupation of land within coi,stal zone 67. (I) Su~jcct lo the Expropriation Act. 197.'i (Act No. 63 of 1975). the Minister may din~c1 that land within the coastal zone be temporarily nccL1picd 10 build. maintuin or repair works to implement a coastal management programme. or to n:spond to pollution 15 im:idcnts or cmcrgeni.:y situations, and may ror this purpose- 20 ( a) take rwm the land stone. gravel. sand. earth or ocher material: (h) depnsil mall'f'ials on it: and ( c) construct and L1se 1ernporary works un it. including mads. (2) Notwithstanding sec1ion 89. the powers of the Minister in terms of ~uhseuion (I) may he dch.:gated 10 25 /ll) 1he MEC who may suhdelegate this power to a municipality in that province: or lh) an olfa·i,11 in 1hat Department. (> I If the land i, pri v.ice property. che Minister or th;: MEC. acting in terms ~ir suhseuion (I). must. hel"ore the land is lll'l·upicd. give the oi.:rnpier and the ()wncr 1ir thl' :m land reasonahk notice. in writing. nf thi.: intention to occupy and the purpose of lhe occupation. Amendment, revocation, suspension or cam:ellation of authorisations 68. (I) An issuing authority may amend. revoke. suspend or i.:ancel mi authorisation i~sucd in terms (lf 1his AcL if- >'.'i / ll J the holder of the authorisation contravcnl.!s or fails tu L'l>mply with a crnHlition suhjeel to w·-hich the authorisatinn was issued: (hi it is in rnnllicl wilh a rnasLal management programme llf will signiliL°,Lillly prejudice the at1ainmcnt of a rnaslal management oh jel'live: /c) drnnges in L°in.:urnstances require such amendment, revocation. suspension or 40 cancdlalion: or (d) it is necessary 10 mecl the Repuhlii.:'s intcrnulional ohligations. (2) An issuing authority must hy wrilten notice deli vercd Ill Lhe hold.:r of the authorisation. ur sent hy registered post 10 the hnldcr's last knnwn address. requ..:st the holder w make wrilten rcprcsentatinns within a period of 30 days from the date or thi: 45 notice as 10 why the au1horisa1 ion should not hL' amended. rL'vokcd. suspended or can~·ellcd. as rhe case may he. Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 86 No .. >1884 GOVl-:l{NMf-NT GA/.1-'TTE. 11 FEBRCARY 2009 Act No. 24, 200!! '-lATIONAL ENV!RONME\ITAL MANAGEMENT: l~TEGRAl"Ell COASTAL MANAGE.'vlkNT ACT. 1008 (1) Afler the expiry of the period rel'erred to in suhst:ction (2) the issuing authority must consider the matter i 11 the light of all relevant circums1ances, including any representations made hy the holder. and may ( o) revoke the aurhorisation: I I>) suspend rhe authnrisation for a periud dctermi ned hy the issuing authority: 5 ( c) cancel 1hc authorisation fmm a date determined hy the issuing ,lLilhority: (d) aller the lerms or conditions pf the authorisation: or (c) decide not to amend. revoke, suspend or caned 1he authori~ation. ( 4) Notwi1hstandi ng suhsectiPns (2) and n ). the issuing au1hority may, whenever i1 is in the interests or the promotion, protection or utilisation on a sustainahlc hasis of the IO coastal zone. at any time hy written nnl iL·c to 1he holder of an authorisati(111 amend. revoke, suspend or rnncel 1he au1horisa1ion. (5) If the issuing authority intends 10 t~xercise the powers under suhst:uion (4). subsec1ion (2) apply with the nect:ssary changes. (fl) II' the Minister or an issuing authority has reason to helicve that it is urgently 15 necessary to exercise powers under suhseclions (I). (I) or (4) in order to protect the coastal environment or human health an<l well-being. the Minister or issuing authority may. hy noti.:e lo the [wider or an authorisation, temporarily suspend the authorisation and then follow the procedure rcfem;d Lo in suhscclion (3 ). (7) ;\ competent authority. when exercising the power to amend, withdraw or suspend 20 an environmental authorisation in terms of the National Environmental Management Act. must consider the factors rcl'errl'd to in suhsections (I), ( 4 ), (5) and (6) with the necessary changes. ('.HAPTER 8 MARINE AND COASTAL POLLUTION CONTROL Discharge of efiluent into coastal waters 69. ( I) l\o person may disdwrge dlluent that originates from a soun:c on land into coastal waters cxL-ept in terms uf a general autlwrisation contemplated in subsection (2) 25 or a coastal waters discharge permit is,ued under tins section hy the Minister al"tcr L'L)nsultation with the Minister respnnsink for water affairs in instances ol discharge of 30 etllUL·nt into an estuary. (2) The Minister may hy notice in the Ga:;e11e authorise persons in general. or a category ot' persons, to discharge effluent intll coastal waters. and in instances of dhcharge of eltluent into an i:stuary, only arter consultation with the Minister responsible for water affairs. 35 (3) Any person who wishes to discharge ellluent into coastal waters in circumstances that arc not authorised under a general authorisation referred lo in subsection (2) must apply to the Department for a coastal waters discharge permit. (4) Any person who at the commencement of this Act is discharging enlucnt into ~·oastal waters and v.·ho is not authorised to do so in terms of a general authorisation 40 under suhscction (2) must apply 10 1he Department for a coastal waters di"chargc permit ( a) within 24 momhs of the dali.: of commencement of 1his Act if the discharge is in terms (1f a licence or authorisution under the National Water Act; or (/J) within 36 months of the date or commencement of 1his ;\ct if the discharge is 45 a conlinuaLilln or an existing lawful water use within the meaning of section 32 or T~ of the National Water Act. (5) L.:nlcss a pt:rson referred tn in suhscction (4) is directed otherwise hy a person Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za GOVERNMc'H GAZETTE. 11 !-+.BRUARY 2009 Al-t Nu. 24, 2001! NATIONAL ENVIRONME'-ITAL MAN1\GEMENT: INTFGJUTED COASTAL MANAGEMENT ACT, 2008 acting in terms of this Act or the National Water Act. it is TIil! an offence for that person to discharge cllluent that originates from a source on land into coastal waters if- ( a) that person has made an appliL:ation under subsccrion (4) hut has not yet heen notified whether the application has been granted or rduscd; or ( b) the applicable period rdcrrcd to in suhsection ( 4 )( a) or ( b) has not yet expired. 5 (6) A person who discharges dllucnt into coastal waters ( a) must not waste water: (h) may only do so to the extent that it is not reasonahly praeticahk to return any rreshwaier in that diluent to the water n.::source frnm which it was taken: (c) must discharge the ellluent suh je~·t to any condition contained in the relevant 10 aulhori .~ation: ( d) must comply with any applicable waste standards or water management practices prescribed under this Act or under secllon 29 of the National Water /\ct or any Act ol" Parliamem spe(.'.itically dealing with waste. unless the conJ itinn~ of the relevant au1hnrisa1ion provide nthcrwise: and 15 f e I must register the discharge with the department responsihle for water affairs. (7) Th..: Minister. and in instances of discharge of dlluenr into an estuary. wi1.h the concurrcn,x of the Minister responsihk for water affairs. musl, when deciding whether or not to issue a general authnrisation contemplated in suhsection ( 2) or tu grant an application for a coastal waters discharge permit, take into account all relevant factors. 20 including (a) the interests of the whulc community: (h) tht: socio-economic impact if the disposal (i) is authorised: (ii J is not authorised: 25 ( c) the coastal management programmes and estuarine management plans appl icahlc 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 nf existing point and non-point discharges. 10 ( e) the Rcpuhl ic \ oh ligations under i nternm ion al law: (fJ the facti irs listed in sL·Uion 27 of the National Water Act; and (g ) ,my other factors that may he prescrihed. (8) The Minister may nnt grant an application in terms ofsuhscctinn U) for a coastal waters discharge permit ir doing so is lih,Jy- 35 (u ) to cau~e irrcversihk or [png--lasting adverse effec.:ts that cannot satisfacwrily be mitigated: /bJ to prejudice signiticanlly the achicvemcnt uf any coastal managcment ohjecti ve c.:nntai ned in :1 coastal management programme: or ( cl to he c,Hllrary to the interests of the whole communicy. --W (lJ) / u) The Director--Grneral must within five years \lf the date of commencement Df this Act (il review all authorisations issued hdore the conunencemcnt or lhis AL't that authorise the discharge uf ellluent into coastal waters: and (ii) in consultation with the director-general nf the department responsihk for 45 water affairs undertake a joint review· of all authorisati\rns issued he fore the rnmmencement of thi~ Act that authorised the discharge of dllucnt into estuaries. in order to determine the cxt..:nt to which those autlmrisations rnmply with the re4uiremen1s of this Act and of other applicahh: legislation. (h) Arter uny such review the Director-General must make recommendatinns 10 1he SO Minister and 1() the Minister responsihk for watt:r affairs as to '.vhether ur not ( i) the discharge should he prohihiled: (ii) in the case of a discharge into the sea. whether or not a permit should he issued under suhsection (I): (iii) in the 1.:asL' or a dischargt: intt1 an estuary, whether or not the discharge should 55 Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za ')(I No.Jl884 GOVERNME"IT GA/1-:TTE. 11 1-+BRLJ\l{Y 2009 Act No. 24, 21H}8 :-;ATIO'\IAL ENVIRONME'.'JTAL .\1ANAGr.MEKT: I1\'TEGRATED COASTAL .\IA'.\AGL'v!ENT ACT. 2008 he authorised in Ienns of a permit issued under suhsection ( I) and a pi.::rmit issued undi.::r the National Water Acl. ( IO) The Minister. and in instances when: the discharge takes plan: into an estuary. wilh the concurrence of thi: \1inistcr responsihlc filr water affairs. must as soon as possible after recommendations contemplated in section (9)( h) have hecn n:ccived . 5 decide whether or not to issue a pi.::rrnit or permits referred 10 in subsection (9) and the conditions that will apply to any permits issued. hut hcfore doing so. must give the holders or the authorisations a reasonable opportunity of making represemations. ( l l) An organ nf -;tate that issues a permit under subsection (I) must report every three years in the prcscrihcd form to the National Coastal Committee on I.he status of each l 0 pipeline that discharges clllucnl into mast al waters and its impact on the coastal environment. ( 12) The .\1inis1er may, when performing functions in terms of subsections ( 1). (7) and ( I 0) , enter into un agreement with any rncmher of Cahincl. Prohibition of incineration or dumping at sea 15 70. ( 11 Suhje<.:t to subsection (2). no per~on may ( a) incmcrace at sea any waste or other maccrial (i) within the coastal waters or the exclusive economic ztine: or (ii} ahoard a South African ve ssel: (/)) import into the Republic any waste or other material tu he dumped or 20 incinerated at sea within the coastal waters or the exclusive econt>n1ic zone: (c) export from thi: Ri:puhlic any waste or other material Lo he dumped or incincralcd ( i) on the high seas; or (ii) in an area of the sea under the jurisdiction of another state: 25 (d) load any waste or other material to be dumped or incinerated at sea onto any vessel. aircraft platform or other structure at any plaec in the Republic, including the exclusive economic Zlllle. unless the master llf the vessel. aircraft. platform or other structure produces written proof 1l1at the dumping at sea tif 1ha1 waste or other mall'rial has heen authorised in term s of a dumping :\0 permit granted under section 71: (e) except on the au1hon1y or a dumping permit granti:d u11<.kr section 71 (i) dump al sea any waste or other material within the coastal v.-atcrs or thi: exclusive economic zone: or (ii) dump from a South Al'rican vessel. aircraft, platform or other man-made 35 structure al sea, any waste or other material on the high seas: or ({) dump from a Sou1h African vessel. aircrar1, platform or other man-made structure at sea. any v,'aste or other material in any area of the sea under the Jurisdiction of another state, cxn:pt with the written permission of that state. 0) It is a dcl'cncc lo a charge in terms of suhscction ( I )(e)(i) or (ii) IO show- 40 (aJ that adverse weather conditions ni:ce~sitatcd the dumping or incineration a1 sea in mder 111 sec ure the sakty of human life or or 1hc vessel. aircraft, platform or structure in ques tiPn: or 01) that there was a dang.er to human life or a real threat 10 the vessel. aircraft. platform nr structure in question. that there appeared to be no reasnnahlc 45 allernalivc to dumping or incineration at sea. and that it is prohahle thal the adverse effecls arising from tht.: dumping or incincratit>n at sea were less than would otherwise have occurred: and Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 92 GOVERNMEJ\T (iA/.1:'J'lr.. 11 rr.RRUARY 2009 Act !'in. 24, 2008 NATIOJ\,\L Fl\VJRO:-.:MbNTAL \-1Al\JA0r.ME.\IT: INTF.GR.'\TFD COASTAi. rv11\J\AGEME'r-.'T ACT. '.!008 (c) that in either rnse. the dumping or im:inerntion at sea was conducted in a manner 1hat minimised any at:tual or polential adverse effocts and was n:ported to the Departmelll without dday. Dumping permits 71. (I) A person who wishes to dump at sea any waste or 01her material must- 5 (a) apply in writing to the Minister in the form stipulated hy the Minister for a dumping permit that authoriscs the waste or other material to he loaded .1hoan.l a vessel. aircr.1f1. platform or other structure and to he dumped al sea; and (h) pay the prescribed fee. (2) When dccit.lin~ an application l"t,r a dumping permit n1n1ernpluled in ~uhsection IO ( l ). the Minislcr rnusl have rcgart.l to (ll) the Waste /\ssessmenl Guidelines set out in Schedule 2: ( b) any cna~tal management programme applicable in the an.:a ; (cj the Jikdy environmental impau of the proposed activity: (d) national kgislation dealing wi1h wuste: 15 ( c J thi.: imcrests of 1hc whulc community: (.f) trans boundary imrac1s and i ntc:rnat ion al ohligations .:1n<l standards: and ( g) any ollu:r faL:turs that m.1y he presi.:ribed. <3) The Miniswr may nnt grunt a dumping permit that :.1uthorises 1he dumping of any waste or other material. olher than- 20 ( a J d11·dged material; (hJ sev.age sludge: (c) lish waste. or material rcsulling from industrial lish pro~·essing operations: (d) vesscls ;ind platforms ur other man-made structures at sea: (e) inert. inorganil' geologkal material; 25 (.f) nrganic material pf natural origin: or (g/ hulky items primarily cnmprising iron. steel. concrete and similarly non lrnrmruI materials for which the concern is physical imp,Kt. and limited lo those circumst:rnces where such wastes .tfl' generated al lncations. such as small islands with isolated communities. having no practicahk ,KTcss to 30 disposal options other than dumping at sea. (4) Thc Minister may not issue a dumping permit il~ (ai the waste or uthcr 111aterial proposed for dumping cunt.tins (i) levels of rad ioaL:tivity greater than as defincd hy the lnternationul All>mii.: Energy Ag:cncy and adopled hy the contracting parties to the Protocol to .l5 the Convention on the Prevention or Marine Pollution hy Dumping of Wastes and Other Maner adopted on 7 November 1996: or (ii) material which is capable or creating floating dehris or otlwrwise contributing tn the pollution of the marine environnwnt and which could he removed from lhe material proposed for dumping: 40 ( b1 dumping the was1c or other material in quest ion (i) is I ikcly In cause irrever~ihle or long-lasting adverse cffcct~ that cannot satisfactorily he mitigalcd: (ii) would cause a serious uhstacle to fishing or navigation: (iii) would pn!judice the a.:hievcmcnl of any coast.al management ohjei.:tivc ~5 contained in a coastal managernenl programme; (ivl would he contrary lo the ohligations or the Republic under international law: or (v) would hc contrary lo the intcre~ts or the wholc cummunity. (5) A dumping perm it must he issued rnr a specified period of not more than two years 50 hut may he renewed llOC~ for a period of not mori.: than two years. Emergency dumping at sea 72. (I) The Minister 111ay in relation to any application for a dumping pcrmil rdcrred Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za No. )188-l GOVEHNMEl',;T GAZETTE. I I f·Hl!WARY 2009 Act No, 24, 2008 NATIONAL Er,..;VIRONME\ITAL MANACiEME.\IT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 lo i 11 section 71 dispense with any prcscrihcd procedure. ind uding any consultation and public participation processes. if. ( a J the dumping at sea of a 4uantily of any particular waste or other material is necessary 1n avert an emergency that poses an unacceptahk: risk Lo the environment or to human health or safety: and 5 (b) then: is no other l"casihle solution. (2) Before issuing a permit in the circumstances contemplated in subsection (I). the Minister must consult with ( a) any ltircign stale that is likely to he affct:lt'd hy the proposed dumpinf at sca: and 10 (b) the lnternatinnal Maritime Organisation. ( 3) The Minister must ( a) as far as rcasonahly possihk in thl'. circumstances, follow any nxommenda 1ions received i"rorn th e l111erna1ional Maritime Organisation when imposing permit conditions regarding the procedures 10 he l<.lllowed in conducting thc 15 loading or dumping al sea llf the rekvant 4uanti1y of wasle or tlthcr material: and (h) inform the International Maritime Organisation of any action taken under this sc.:tion within a reasonahle reriod thereafter. :"-lational action list 73. (I) The Ministcr must prog:ressivcly and subject to available resources. devdop a national action list 10 provide a mechanism for screening waste and othl'.r material on the hasis of their potcntial effect on human health and the marine cnvironmcnl. ('.2) The national action list must 20 ( a) he developed in accordance with the Waste Asscssment Guidelines set out in 25 Schedule 2: and ( b) contain the presi.:ribed inl"nrmation . Appeals CHAPTER 9 APPEALS 74. ( l) A person [() whom a coastal pro1cctinn n()tice or coastal access not ice in terms of section 59 or a repair and rcnwval notice in terms of section 60. has hcen issued . may lodge a wrilten appeal against that notice with ( a) the Minister. i I" the not ice was issued hy an MEC or hy a perslm exercising powers which have heen dckgatcd hy the Ministn 1t1 such person in tcrms of :t'i this Act: nr (/J) the MEC of the province concerned . if the notice was issued hy a municipality in tha1 provincc or hy a rcrson cxcrcising rowers ddegated hy the MEC in terms of this J\c1. (2) A person who is dissatisfied with any decision taken tn issue. refuse. amend. -4-0 suspend or cancel an authorisation. may lodge a wrinen appeal against that decision with (uJ the Minislcr. if the decision was taken hy ..i person exercising pnwers which havc heen delegated hy the Minister to such person in terms or this AL·t: or (h) thc MEC of the province rnncerned. ii" the decision was taken by- 45 ( i) a person exercising powers granted or delegated to the MEC that have hecn dclegatcd hy the MEC (ii) a provincial nrgan of state: or fiitJ a municirality in that rrnvince. nJ An arpcal made under suhsection {I) or (2) must- 50 (a/ be lodged within 30 days oi" the appellant heing given the notice in tcrrns of SL'.Ction 59 or 60. or hcing nutificd of the de..:ision. ur if the appellant is not Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za No. Jlt\84 GOVhRI\MFNT (jAZETTE. 11 FEllRCARY 2009 Ac\ No. 24, 2008 !'iArlONAL b.NVJRONMENTAL MANAGEMENT: INTEGRAr!-:D COASTAL MANAGEMENT ACT. :!008 given a not.ice or notified of the decision. within 60 days of the relevant decision being announced: (b) state ch:arly the grounds uf the appeal: (c) state hriclly the fact.~ on which the appellant relics and include any relevant inform<1tion that was not placed before the lkeision-makcr and which the 5 appellant believes should he considered on appeal ; and (d) comply with any other requirements that may he prescribed. (4) An appeal under this seclion docs not suspend an authorisation or an exemption, or any provision or condition of an authorisatillll. or any notice issued under Chapter 7. unless the Minister or MEC directs 11thnwise. 10 (5) The Minister or MEC may. on good cause shown. extend the period within which an ..ippeal may he lndgcd in terms nf 1his Chapter. (n) The Minis1er nr MEC may dismi:-.;s an appeal that he or she consider-. 10 be trivial. frivolous or rmrnifrstly without merit. ( 7) Appeals against a decision involving an environmental authorisation musl he dealt 15 with in terms of the National Environmental Management Act. Advisory Appeal panel 75. (I) The Minister or an MEC may appoint an advisory appeal panel 10 consider and advise the Minister or the MEC on an appeal. (2) An advisory appeal panel must consist of an uneven number of n11.:rnhers. 20 (3) The rm:mhns appointed by the Minister nr an MEC must ( 11) have suitable 4ualilications and expnicnce in rdation to the matters that must be considered in the appeal: and (hJ be ,:nmmined to the objects of this Act. (4) A person may not be appointed a~ a member of the appeal panel if he or she- 25 (ai was involved in any way in the making of the chxision appealed against: ( h) or any spouse. partner or ,Jose family mcmhn of that person has a personal or private i nten:st in the appeal; (c) is an unrdiabilitated insolvent; ( d) has, as a result of impwpcr -:unduct, bcl'.n n.:moved from an olfire of trust: or 30 (e) has heen deL·lared hy a l'l>url Lo be mentally ill or disordered. (5) The Minister. with the consenl of the Minislcr of hnance. or the MEC with the consent ul" the rncrnher ol' the provincial executive council responsihk for finance, must dctennine the rate ()f remuneration and thi; allowances p:iyahle to any memher of an advisory appeal panel who is not an l'.rllployee of an ,1rgan of stale. Yi Interim orders by Minister or MEC 76. ( l) The Minis1er or an \1EC may. al any lime alkr an appeal has heen lodged. make any inlerim order pending the dctermina1ion of the appeal. that he or she considers equitahle or appropriate lo achieve the objects of this Acl. (::!) Without limiting the generality of suhsel'lion (I) an interim order may- 40 (a) preserve ,.;xisting righls or an existing stale of affairs hctwern the panics to llle proceedings: (hi provide for interim protection of the coastal environment; ( c) suspend or ti:mporarily stay a notice or any part of it; or (d) deal with procedural issues. 45 (l) The Minister or an MEC may rnake an interim order at his or her own initiative. or in response to an application hy the appeal panel or a pany to the appeal prni:eedings. Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 98 No. 31H84 GOVERNMl::NT Gi\ /ETTE. 11 l+:BRL'ARY 2009 Act ' . 24, 2008 NATIONAL E\VIRO:'\MENTAL MANAGE!'..-11-'.NT: I1\TH,R ATED COASTAL MANA(;J,Jl,1ENT ACT. 2008 (4) If a parry lo th.: proceedings arplies for an int.:rim order, 1hc Minister or an MEC musl give the parties 10 the rrncccdings a rcasonah!i: opponunicy co make oral or written suhmissions, bul may make an interim order pending the making of suhmission s hy the parties, if the Minister or an MEC has reason to helievc that do ing so would he just or desirable in order lo proteCI lhc coastal environment. 5 Proceedings of advisory appeal panel 77. (I) The chairpers()n of an advisory arpcal panel decicks when and where the panel meets. (2) An advisory appeal panel must give the appellant. the person who made the decision or gave the notice appealed against, and any other intn.:sted and alkcted to parties. a r.:a-,onahk opportunity or making wrillcn suhrnissions. and nwy allow oral reprcscnt.alions to hi: mad.:. (.l.} An :idvisory arreal panel ( a) must Jct fairly: (b) may ddcrrnine its own prnccdur.:s: 15 (CJ may conwnc hearings and make orders concerning preliminary and proce dural matters: (d) may summon and examine witnesses on oath: ( e) must, in rnnsidering the merits of an appeal. have regard to (i) thi: oh iccts of this Act : .-ind (ii) any reli.:vant coastal management ohjcctivcs or st.andards and relevant policies; and {iii) guidelines puhlished or endorsed by the Department or the provincial lead agcncy concerned. 20 (4) An advisory arpcal rancl must give a written report to the Minister or an MEC. 25 setting out its findings and recommendations. (5) The decision of the majority of the members of an advisory appeal panel is the decision of the p..JneL hut the diairpcrson must cnsun: that any di ssenting opinions hy mcrnhLTS arc recorded in the written report or 1hi.: rancl. Determination of appeal by Minister or MEC 7K {I} The Minister or an M[C must consider the arpcal and may / a) dismiss the appeal and con lirm the decision appealed against : (h) uphold part or all o!' the appeal and either vary 1hc deci sion appcakd againsl or set aside the decision and make a new decision: or (1·) rcfi.:r the appeal hack to the appeal panel with directions to investigate and 35 consider srccitic facts or issues and to rept1rt back to the \1inister or MEC. (~) In determining an apreal thL: Minister llr an MEC must have regard to /a) the n!)jccts l1f this Act: ( hJ any relevant coastal management ohjectives: and {(') 1hc findings and rcrnmmendations of the appeal paneL hut is not hound by 40 them. Offences CHAPTER HI ENFORCEMENT 79. ( I) /\ person is guilty or a catcgury one offence if that person- 45 (a) discharges eftluent originating from a source on land into coastal waters in cL1ntr..iven1ion of ~ection 69: Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 100 Nu. 31X84 C.,OVERNMENT GA/FfTI:, 11 H -' 8RUARY 2009 Ari No. 24, 21H}8 1\/ATIO'\/J\L ENVIRON\-11-il\ rAl. MA'./AGEMENT: INTEGRATED COASTAL MANAGEMENT ACT. 2008 (h) irn.:inerate.s at. sea any waste or material in contravemion or section 70: (c) loads, imports or exports any waste or other material lo he dumped or incinerated at sea in contravention or section 70: (d) dumps any wasli: al si:a in contravention of section 70: (e) dumps any waste or other material at sea without a dumping pi:rmiL in 5 ~·ontravention of section 70: ({! ahcrs any authorisation: (g) i'ahricatcs or forges any document for the purpose of passing it off as an authorisation: ( h) passes. uses. alters or has in possession any ahered or false Jornrnenl I 0 purporting to he an authorisation: m (i) makes any fabe statement or report. for the purpose of obtaining or ohjL~cting to an aul horisation. (2) A person is guilty of a category two offence if that person ( u) fails to comply with a repair anJ removal notice issued in ti:rms or section 60: 15 (h) hinders or interferes with a duly authorised person exercising a power or performing a duty in terms of this Act: or ( c) knowingly falsely represents that he or she is a person authoriscd to exercise powers in terms of this Act; n) A person who is the holder of an authorisation is guilty of a category three offen ce 20 if that person ( a) contravenes or fails to comply with a condition subject to which the auttrnrisation has heen issued: (h) performs an activity for whidi the authorisation was issui:d otherwise than in accordance with any t:onditions suhjct:t to which Lhc authmisation was issued: 25 or ( c) allows any other person 10 do. or to omit to do. anything which is an offi;:nce in terms or paragraph (a) or ( /)). (4) A person is guilty oi' a category three offern;c if that pcrson (a) fails t.o comply with a coastal protection notice or access notici: issued in terms 30 of si:cti<1n 59: nr (b) contravenes any other provision of this Act which is not referred to in suhscction ( I J. (2) or O ). Penalties 80. ( 1) A pcr~on who is guilty nf a category one offence rckrrcd lo in section 79( I ) 15 may he scnti:nced 10 a fine of up Lu R5 000 CK)() lll' 10 imprisonment for a period of up to ten years. or to hoth such 1 inc and imprisnnmi:nt. (2) A persnn who is guilty of a category two otkncc ri:ri:rrcd lo in section 79(2) may he sentenced on a first conviction for that offence to a tini: of up to RSOO 000 or to imprisonrncnl or community service for a period of up to five years, or tn hoth such line. 40 imprisonment or con1n1Unity ~ervice. (I) A person who is guil1 y or a catcgmy thrci: offcnt:e referred to in si;:ction 790) may he sentenced on a llrst conviction for that offence to a fine of up to R50 000 l>r cmnrnunity service for a period of up co six months or 10 hoth such fine and community Sl'.fVICC. 45 (4) A person who is guilty or a cati.:gory two or three Llffence may be sentenced on a second conviction for that offence as if he or she has committed a category one or two otfrncc. (5) A n1un tha1 sentences any pi.!rson (aJ to community service for an offence in terms of this Act must impnsc a f'orm SO of community si:rvicc which hi:nel1ls the coastal environment. unless it is not possible to impose such a si:ntenci: in thi: circumstances: Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za I02 GOVEl{'.\"MEI\T GA/.FTTF, 11 FF.RRUARY 2009 Mt No. 24, 2008 :-:ATIO'-IAL ENVIR0~\1EI\TA1. MA:\ACEME'.\JT 1!'-JTECRATED COASTAL \1ANAGF.MF:-.:T ACT, 2008 ( /J) for any otknce in terms of this Act, may suspend, rcvoke or cancel an authorisation granted to the offender under this Act. Jurisdiction of courts 81. If a person is charged with the commission of an offence in terms of this Act on. in or abDvc coa-.Lal wall.:r~. a court whose area of.jurisdiction abuts on the coastal waters 5 has jurisdiction in 1he prosecution of the nffence. Actions in relation to coastal :wne 82. The Minister. an MEC or a municipality concerned rnay (a) in~titute legal proceedings or take other appwpriatc rncasun;s (i) Lti pn:vent damage. or recover damages for harm suffered to coastal I 0 public property or the coastal environment: or (ii) to abate nuisances affecting the rights of the public in i1s use and enjoyment or coastal public properly: and ( /J) accept service of kgal processes and defend any legal proceedings instil u1ed in c1mncction with coastal public propcrty. 15 CHAPTER 11 GENERAL POV\"ERS AND DUTIES Regulations by 1\Jinister Part I Regula/ions 83. ( I l The Mmistcr may make regulations relating to any matter which this Acl require, tn he dealt with in n.:gulations or that may he necessary 10 ra,.'ililali.! lhl' implementation nf this /\ct. including. hut not limited lo, rcgulations relating m ( u J the implementaliun anJ en forccrnent of the national coastal rnanage11ll'Ill 20 prugrammc: 2:5 ( b) the sustai nahle use of coastal resources in order 10 add re..,.., poverty m communicies depcndcnt on coastal resources for their livelihood: (c} the sustainahlc use of cuastal resources; (d) coastal public properly. including regulations conccrning (i) public access to coastal public pwperty: ~() (ii I thc rehabilitation of coastal public property: (iii) fees. costs and rents for the use of coastal public properly: and (iv) rescarch conduch:d within. or in respect or. coastal public pn)perty: ( e) lhe typc and formal or dala to he submilted to the Department or other organs of stalt' for the purposes of monitoring the coastal environment and the JS impkmentatiun of this Act or maintaining a coaslal information systcm: (/) 1 he cs tab I ishrncnt of national norms. standards and frameworks to implement this Act, including: systcms. guidclirn:s. protocols. procedures. standarus and me1hods. concerning (i) thc content and regular rcvision of thc coastal managemcnt programmcs 40 of provinces and municipalities; (ii) the implementation and cnforccmcnt or coastal managl'nH:nt progr..immcs: Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 104 l\o . . \ I X8-l GOVFRKMENT GA/ETTF. 11 FEHR LARY 2009 Act No. 24. 20118 l\'ATIO:'\AL ENVIRONMEI\TAL. MA!\ACl'MENT ll\/TEGRi\TI-'.[) COASTAi. M/\NAGEMEI\T ACT. 2008 (iii) the moniloring of the implem1:ntation of coastal management programm1:s and the performance of any functions contemplated in this Au. including indicators to evaluate clkcti vencss and progress; (iv) the amrnJmcnt nf coastal planning schemes: (vl the quality of coastal public property and coastal ecosystems; .'i (vil the factors that must he taken into accounl when deciding aprlications; (vii) the circumstances in which cx1:mption may he given from compliance with a coastal management programme: (viii) the uses of the coastal zone that do not conform with the n.:lcvanl coas1al planning scheme: \() ( ix) the outrnrrn:s 1hat mus! he achieved by managing and treating all or any ca1egory of elllucnl. discharges from storm-water drains. or waste or other material. he fore it is discharged or deposited on or in coastal public propeny or in a place within the coastal zone rrom where it. is likdy 10 enter coastal puhlic proreny. induding those relating lo 1he l,.ind, l.'i quantily and charac1t:ristics of etllucnt waste or other material that may he discharged or dcposited: (x) who should monitor and analyse cflluem. wash.: mother material refcrn:-d tu in suhparagraph (ix) and lhc methods thar should he used lo dn so; (xi) 1he appoinlmenl, !raining, powers and supervision of voluntary coastal 20 onicers; (xii) puhlic safdy and behaviour on coastal puhlic rropcny: or (xiii) any activity which has an adverse effect on the coastal environment. ( JO the procedures to he followed with the lodging and consideration of applica1ions for authorisa1ions, including ~ 25 ( i J the conditions with which aprlicanrs must comply before or after the lodging or their applications; (iiJ the application fees to he paid; (iii) 1hc alllhnrilies 1h:i1 will he compc1cn1 to issue the different categories or authorisation: 30 (iv J thi: consultalion procedures lo he fol lowed with organs of statc and other inlcresll:d and affected parlies; (v) thc authoritic~ whose consent is n.:quiri:d hefure pcrmils may he issued: (vii 1he procedurL·~ fur objecting lo such applicaliorn,; (vii I the powers or issuing aullwrilies when considering and deciding ~uch ~.'i applications: (viii) the ra.:1ms that must he laken inlo accounl when deciding applications: (ix) the circumstances in which applicalions must he refused or may he approved and guidelines as lo the conditions on which permits may or 111ust he issued: 40 ( x) the hid prm:css to he follt,wed for the award Pr coastal leases and cnastal Ct.mcess1ons : ( h) 1he contents of authorisations: (i) the giving ol'securily in respect of any obligation lhal may arise frnm carrying out ac1ivi1ics aulhmised hy rcrmils. coastal leases or coastal concessions, and 45 1he form of such securi1y ; (j) the pmce<lure to be followed in connection with the lodging and com,idcration llf appeals in lcrms of Chapter 9, induding (i) 1he fees to he paid: (ii) 1he conditions with which appellants must comply heforc or after the 50 lodging of their appeals : (iiiJ 1hc powers or. and the procedure to he followed by. an MEC when considering and deciding such appeals: Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 106 No .. , 1884 GOVER"IYIENT CAZFTff. 11 FEBRUARY 20119 Act "lo. 24, 2008 NATIONAL Ei\VIR.01\MENTAL MANA(a-'MENT: INTEGRATED COASTAL MANAGEMENT ACT. 2008 (iv) tht.: t.:in:ums1ances in which ;:i temporary stay may he granted in the cmTying out of notices in terms of section 59 or 60. or an amendment. revocation. suspension or cant.:cllation of permits. leases or concessions in terms or section 68: ( kj mt.:thods. procedures and conditions of enforcing comp! iancc with 5 authoris..itions: (/) the issuing and contrnts of notices to persons who have contravened or failed to comply with ( i) a provision of this Act: (ii) a coastal management rrogramme: or 10 (iii) ci cundition or a pt.:nnit, coastal ka,;c or coastal concession: (111) training. cdut.:ation unJ puhlic awareness programmes lm the protection. conservation and enhancement of the coastal environment and the sustainahle use of coa~tal resourci.::s; ( 11) the presence and use of vd1icks and aircraft within the coastal zone: 15 (o) the presl'.ncc and recreational use l,f vessels on coa~lal wakrs: (J!) the seizing. removal and disposal of vehicles. vessel.~, aircraft or pmpcrty su-.pcctcd of hcing uscJ in the commission of an offence under this Act and of coastal resources suspected of huving hem ilk-gaily ohlained: (q) methoJs. procedures and conditions {'or obtaining access to relevant informa- 20 tion. inl·luding entry to private propcrty: and ( r) the is-.uing anJ contents of permits or I icenccs. (2) The Minister rnu .~t nhlain the consrnt of the Minister of Finance hefon: making any regulation that· (a) will entail the expenditure of funds in future years: or 25 (bJ prescribes upplicatiun fees for. or other monies in relation to, dumping permits or u1as1al waters Jischarge permits . (3) The Minister must consult with (a) the Minister of Finance hdorc making any regulations imposing fees, t.:osts or rents: 30 / h) the Minister responsible for water affairs befon.: making any regulations conn:rni ng estuaries: or (,') the MEC and municipc1li1ies bcfilrc making uny regulations concerning the coastal 1.one within that province. Regulations by MECs 84. ( I) The MEC or a provinci.: may. after consultation with the Miniswr, make regulation~ that are consisti.:nt with any national norms or standards that may have heen prescrihed. n:lating to / a) the impkmt.:nlalion and enforcement of thi.: coastal management programme of the province: 40 (/,) the management of the coastal protection rnne within the province; I,·) the use of coastal puhlic property for recreational purposes; Id) the impounding. removal and disposal of vehicles. vessels, ain:raft or property found ahandoned on coastal puhlic property: ( e) the granting nf permission for the erection. placing. alteration or l!Xtcnsion of 45 a structure that is wholly or partially seaward of a coastal set-hack line and the process to he i'ollowt.:d for acquiring such permission. im.:luding the authority by whom . the circumstances in which and lhc conditions on which such pcnni~sion may be given: (f) the impkmelllation within the province of any national norm . framework or 50 stand:.ml rdcrrcd to in scctilin 8.1( 1 )({J: (g) the management nf special management areas: or Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 108 No.31884 GOVERNMF.'IT GAZETTE. 11 J-THJH .IAl<Y 2009 Act No. 2-1, 2008 'IATIONAL ENVIRONMENTAL MANAGE~H-'NT: INTt'.(iRATED COASTAL MANAGEMENT ACT. 2008 (Ii) any other matter rderrcd to in scctitrn 81( I), other than in paragraph (f) of that scc1ion. that may he necessary to facilitate the implementation Df this Act in 1he pnivince. (2) / y regulation which will entail the cxpenditun: of funds in future years may he made only with the concurrence of the MEC rcsponsihle for finance in the provim:c. 5 General provisions applicable to regulations 85. (I) The Minister or MEC must puhlish draft regulations for puhlic curnment and must take any suhmissions received into account hefnn: making any regulations in terms pf sections 83 or 84. (2) Subsct:tion (I) nccJ nut he applied in the case of a minor ur a mere technical 10 amendment to n.:gulations. (3) Rcgulatinns made in terms of section 83 or 84 may (a) restrict , prohihit nr control any act that may have an adverse effect on the coastal environment. either ahsolutcly or conditionally: (h) applygcncrally- 15 (i) throughout the Rcpuhlic or pwvince. as the case may he. or only in a specified area or category of areas; (ii) to all persons or only 10 a spcci!icd category or persons: (iii) 10 all pmhihitcd aclivitics or only Lo a specified activity or category of ac1ivitics; or 20 (ivJ tu all types or waste lll' 01hcr materials or only to specified waste or other material or a catcgory of wastc or other material; (c) dilkrcntiate helwccn Jitlcrcnt (i) areas or categories or areas: ( ii J persons or categories of persons: 25 (iii) ..ictivities or categories of activities: or (iv) types of ,.vast cs or other materials or catq~ories of types of waste or other materials; (d) provide that any person whn cnntravcncs or rails to comply with a provision thereof is guilly or an offence and lii.lhle on convir.:tion to -- ~O (iJ imprisumm:nt ror a period not cxcecdtng two years: (ii) an appropriate line: or (iii) both such linl' and imprisonmcnL Amendment of Schedule 2 86. The Minister m;.iy hy nnticc in the Gu;.erte amend Scheduk 2 sn as to ensure that .15 it continues to give cffcct 10 the Repuhlic.:'s ohligations under intcrnation;.il law. Part 2 Powers to be exercised by Millister and MEC rowers to he exercised b}' l\'linister 87. (I) The Minister must cxcrcisc thc powers granted to the MEC in terms or scc.:tion 40 22 to excise all or part of a protected area from the t:mstal protcc1iun wne. if all or any part of that area ( a) extends into the sc.;a for nlllre than 500 metres from !he high water mark: Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 110 GOVER"l:\,tEJ\T GA/:1-'TTE, 11 rf3.BRUARY 200') Act No. 24, 2008 I\ATIO"IAL ENVIRONMl-'NTAL MA:--AGEME'JT: INTEGRATED COASTAL MANAGEME~T ACT 200!\ ( b) is a naliomd protected area as defined in the Protcded Areas J\<:L; ( c) straddles a coastal houndary hetwccn two provinces: or (d) extends up to, or straddks. the hon.h:r~ or the RepubliL: of South Africa. (2) If subsection (I) applies. the rdcrenu: 10 Jhe MF.C in section 22 must he read as a n:fcrcnce to the Minister. 5 Directives by MEC to municipalities 88.( I) An MEC may in writing direct a municipality to take specified measures if the MEC is satis!ied that the municipality is nut taking adequate measures to ( u) prevent or remedy advcr.sc effects Dn 1hc coastal environment: (h) adopt or implement a municipal cnustal management programme: or IO ( C) giw effect 10 lhe provincial coastal management programme (2) The MEC may not issue a directive under suhsecrion (I) without tirst consulting with the municipality and giving it a reasonahlc opportunity to make representations. (T) If the municipality does 1101 enmply with a directive under suhsection (I) the MEC may use any powers granted to the MEC under this Act to take measures to prevent or 15 l"L'rnedy adverse effects on the coasLul cnvironmcm. to implement or monitor comp] iancc with provincial norms and standards, or to give effect to the provincial coastal management programme. Part 3 Delegations and enforcemeflt Delegation by :\-'linister 89. (I) The Minister may delegate any pnwer or duty assigned to the Minister in terms of this Act Lo ( u i the Direclor-Gcnt.:ral or tu other onicials in the Depanmcnt: (b! an MEC. ny agreement with that MEC: Pr f c) any 01her organ or stale. statutory functionary. traditional council or management authority of a sp,'cial management area. hy agreement with that organ uf slati:. s\a\utory ftrnllionary. trndllional council Llf managcment :.iuthority. 20 25 (2) A Jclcgation in terms of suhscction (I)- JO (ii) is suhjcct to any lirnilations. conditions and directions the Minister m;1y impose: (h} is whject to consuliation with the rl'lernnt MEC if the organ of slate Lo whom the power or duty 1s delegated is a municipali1y: (c) mus! he in writing; :15 (d) may include the power to suhdl.'l.:-gate: and ( e) docs not divest the Minister uf the responsihil ity concerning the exercise uf the power or 1he performance of the duty. (3) The \1inister must gi vc nm ice in the (;a:.('tf(' of any delegation of a power or duty to an \1EC, an organ of state. a stmulory functionary. a traditional council or a 40 managerni;:nl authnrity of a special management area. (4) ThL' Minister may conlirrn, vary or revoke any decision made taken in consequence of a delegation or suhddegalion in 1em1~ of a prov i~ion of this Act or of a statute n:pe; iled by this Acl. Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 112 "J(l JJl\114 GO\/l-'.R'l ,v11'.:,,n GAZETTE, 11 l'hHRUARY 2009 Ad ~o. 24, 2008 NATIONAL 1-::\VIRONM!-'.NTI\L \<1A\'1\GEMl'.'-IT: lf',;TEGRATl'.D COASTAL MANAGEMJ-XI" ACT. 2008 (5) The Minister /a) may rwt delega1e a power or du1y ves1ed in 1he Minister ( i) lo make regulations : (ii) to puhlish notices in 1he Ga::.etre; or (iii) 10 appoinl the members of the Nalional Coastal Committee: and 5 (bJ may withdraw by nolicc in writing any delegation made in 1errns or a pmvision of this J\cl or of a s1a1u1c rt!peakd hy 1his Act. Enforcement by \linister 90. (I) The Minister may in writing request an MEC lD takl; speci1ied measures if rhe Minister is satisfied that 1he MEC is not laking adequate measures to- IO (a/ pn:venl or remedy adverse effects on coastal public property; ( hi implement or monitor compliance with national norms and slandards; (c) give elfrcl lo the national coastal management programme: or (d) estahlish sci -had lines IO implement or monilor crnnpliance wilh provincial norms and standards. 15 (2) If 1he MEC docs not comply with a re4ucs1 under suhsection (I) the Minish:r may exercise any p()wcrs given lo the MEC hy this Acl in order 10 take any measures referred to in 1l1L' request. including the power ( aj Lo issue coastal protection or coastal access notices and repair and removal notices delegated to the MEC in terms of sections 59 and 60. respectively: 20 (b} lo lake mc:asures and to recover cosls in lerrns of section 61; am.I ( c) lo allow temporary occupation of land within 1he coastal zone and lo take other measures in lerms or section 6 7. (3) The Minister may not take any measures under suhsection (2) without flr-;t consulting with the MEC and giving the MEC a reasonable opportunity lo make 25 representations. Dele~ation hy 1\1 ECs 91. ( 1 ) An MEC may delegate any f)llWl:r or duty assigned nr Lklegated lo him or her 1 n terms of this Act lo / a) the head of the provincial IL'ad agency; 1,r ~O (IJ) any other nrgan of slate. a statutory fum:1ionary. a traditional CllUncil or a management authority of a special rnanagemenl area. hy agreement. (2) A ddega1ion in terms of subsection ( I J (a) is suh icc1 lo any limilations, i;ondilions and directions 1ha1 the MEC may impose: 35 (b) must he in writing: (c/ may indude the power tn suhdekgate: and (d) docs nol divest the MEC of the responsibility concerning the exercise or the power or the performance of the duty. n / The MEC may confirm. vary or rernkc any decision taken as a consequence of a 40 delegalilin or suhddcgali(ln in terms of 1his section. (4lThe MEC (u/ may not de-le-gale a power or duty vested in the MFC (i) t!l make regulations: or (ii) lo puhlish notices in the Ga~effe: or 45 (iii) to appoint the members of the Provincial Coastal Commillct:: eontem plated in scction 39: and (b) may withdraw any delegation hy notice in writing. Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 114 No. 3 1!'.84 GOVl'RNMENT GAZETTE. 11 FE81WARY 2009 Ac-1 No. 24, 2008 N,\TIONAL El',;Vll<ONMENTAL MANAGE\-1ENT; J;\ITEGRATFI) COASTAL MAN,'\GrMhNT ACT, 2008 Part4 General matters Urgent action by ~inistcr 92. (I) The Minister may issue a verhal directive to any responsihle pcrsun to stay an activity if sud1 activity poses- 5 ( a) an immediate risk of serious danger to the puhlic or pmpcny; or {h) an immediate risk nf seriou:-. damage. or putcntially significant detriment. 10 the environim:nt. ( 2) Suhject to subsection (3 ). a verbal directive contemplated in suhscction ( 1) must he confirmed in writing at the earliest opportunity. which must he within seven days. 10 (3) When issuing a verhal directive conlcmplated in suhscction (I). the provisions of section 59( 1 ). (3) and < 4) or flO( I). (3) and ( 4) aprly with the necessary changes. Information and reporting on coastal matters 93. ( I ) The Minisler must progressively. and within thl: available resources of lhl: Departmen1. make suftkienc information available and accessihle to the puhlil: l.'i concerning the protection and management of the c1mstal zone tu enable the puhlic 10 mah an informed d.:l:ision of th<: extent to which the St.itc is fulfilling its duty in terms of sel'tion ?, (2) The MEC musc (aJ pn:pare a report on the scate of the coastal environment in the province every 20 four years. which must contain any information pres\.:ri hed by the :vtinister: ( h) updute the report ont.:e applil:ablc information perLaining to the rnas1al environment under the jurisdil:tion of the MEC becomes available; and ( I') submit the reror1 and evt:ry updatt: to 1he Mini stt:r. (3) The Miniscer must prepare and regularly update a na1ional report on 1hc state oi"thl: 25 l:oastal environment based un provin-:i,11 reports suhmiued to the Minislcr in terms uf suhscl'lil,n (2). Co-ordination of actions between provinces and municipalities 94. The MEC must ( a} liaise with rnastal municipalities in the province to l:L)-ordinat,~ a-:tions taken ?,O in terms pf this Acl hy provincial organs of stall: in the prnvm-:e with actions taken hy municipalilics: and (hi monitor con1pliance hy such municipalities wi1h this Act. CHAPTER 12 \11SCELLANEOUS MATTERS Part I Transitional provi.~ions Existing leases on, or rights to, coastal public property 95. ( I J Subject to subsection (3). this /\l't docs not atfoct the continuation of.-·· (u/ .-i lawful lcuse on coastal public property. inL:luding u por1 or harhour. that 40 cxis1cd whL:n 1his Ai.:t took effect; or Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 116 GOVr.){~\1ENT GAZETTE. 11 !-'EHR LARY 2009 Act 'io. 24, 2008 NArlONAL FI\VIRONMENTAL MAI\AGEME'-IT INTFGRATEIJ COASTAL MANACiF\11cl\T ACT. 2008 (h) a vcs1cd right to use or exploit any spccili.: coastal resource on or in coastal puhlic property. including a right Lo prmpect f,x or mine minerals. or to explore for or exploit pctrnleurn resour.:es that existed when this /\ct tnok c!Te.:t. (2) The holder of a lease or right referred to in suhscction ( 1) must within 24- months .'i of the commencement of this Act ( uJ notify the Minister. in writing. of 1hc cxi!-.lCnce of that lease or right: and (h) provide the Minister with a copy of any documents evidencing that lease or right. (3) A person may undertake any acLivity authorised hy a 11::ase or right referre<l w in 10 suhse<.:1ion (I) without ohtaining a coastal lease or a ctiastal comxssion in terms of Chapter 7 for a maximum period of ( a) 48 months after the commencement oi' this Au. i r the holder or that leas.: or right complies with suhsection (2): nr ( /J) 24 111on1hs after the rnmmenccmcnl or 1his Act. if !he holder of that kase or l .'i righ1 does not comply wi1h suhscction (2). (4) Arter the end of the period referred lo in suhs~ction (.l), no person may continue with or carry out an activity that was permitted under that lease or right except in 1erms of a coastal lease or a coas1al concc-.sion ;iwardcd 10 that pcrst•n in terms of Chaplcr 7. (5) An application hy a pc1-.~t1n contemplated in subsection ( 4) l"or a t:t)astal lease or 20 coastal concession / a} must (i) he considered laking into m:count the existing lease or right anJ any losses or hardships the applicant and other persons may suffer; and (ii) be dc<.:ided within six mon1hs from the date thc application was lodged : 25 (/J) m.iy he refused if (i) the .ic:tivity applied for would have or is likely Ill have serious adverse effects on 1he coastal environment: or (ii) lhc Minister h,ts reason to believe that granting the application would he inrnnsistenl wilh the objects of the Act or wnuld prejudice the attainment JO or a L·oastal managcrn.:nl Phjc(:tivc. Unlawful structures on coast.ii public property 96. (I) Subject 10 the Preven11Dn of llkgal Eviction from and Lnlawful Dc<.:upation of Land Act. I 1)9X (Act No. I 9 of 199K). and suhsi.:clion (4). a person who. before this Act took effect. had uni awfully constructed a building or other structure on coastal ruhli..: 1,5 properly m who. when this Act took .:ffect. Dcrnpied a building or other s1ru<.:1ure unlawfully huih on coaslal puhlic property 1nust. within 12 months of the commence ment of this Act. either ( a) apply for a coaswl kase in terms of Charter 7: or (h) demolish the building or structure and as far as reasonably possihlc. rcstorc 40 the site 10 its condition before the building or other structure was built. (2) If a person rel~rrcd to in suhscction (I) applies for a coastal lease in accordance with suhseelion (I) and the applicalion is refused by the Minister, that person must demolish the huilding or structure and. wil hin a reasonahle period, as determined hy the Minister when refusing the applicatiml, as for as reasonably possihle nistore the site to 45 its wndi1ion before the huilding or other structure was built. 0) If a person who in terms of suhsc<.:Lion (2) is llhliged Ill demolish the building nr structure and 10 resltlfe the site to its origmal condition. fails tn do so within the p.:riod spccilied hy the Minister. the Minister or the MEC may, under se.:tion 60. issue a written repair or remov.11 notic.: to that person. 50 Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za I IX COVERNMENT GAl'.ETTE. 11 f'ERRUARY ~009 Ad No. 24, 2008 \lATION!\L ENYJIH)N\.IENTAL \.1Ai\ACl'Mf-<.f\T: ll\'TEGRATED COASTAL MANAGE/v1E:-;T ACT. 2008 ( 4 l This section docs not affect ( a) any legal prm:ccdings that commenced prior to the commencement of this Act tn enforce any prohibition or restriction on construction or other activities in terms tll' any other law; (hj any legal proceedings instituted afler the commcrn:cmcnt of this Ac\ to 5 cnfon:c any notice served prior to the commencc1m:nt of this se~·1ion chat required the addressee to vacate or demolish any building or structure that was constructed unlawfully; or l e ) any rights a person may have in terms of che Prevention of Illegal Eviction from and Unlawful Oceupatitin of Land Act. 1998 (Act No. 19 or 199~). 10 Existing lawful activities in coastal zone 97. ( l) For a period of :24 months after the wmrnencernent of this Act. any pcrsnn who, when this Act commenced, was hiwfully engaged in ( u) carrying out. in the coastal zone, an activity requiring an environmental authorisation; 15 (h) ahstraccing water from coastal waters, must he regarded to he the holder of an environmental authorisation that autlrnriscs 1h~11 activity. (2) Any person n:ferred to in suhsection (I) who within 24 months of the commencement or this Act applies for an environmental authorisation that wi II authorise 20 the continuation of the activity referred to in suhsection (I). shall continue to he regarded as the holder ol'thc authorisation until the cnrnpetcnl authority decides whether to grant or rcrusc the application. 0) This section docs not affect ( a) the power;, of an is.suing authority under s1::uion 68 co amend, revoke, suspend 25 or cancel an authorisation; or (h) any nhligalitin which a person referred to in suhscct ion (I) may have under seclinn 96(2) . Repeal of legislation 98. The laws rdern:d 10 in Sd1edulc I arc hrn:hy repealed to the extent indicated in 10 the third column of that Schedule. Savings 99. ( l) Suhjccl to section 6 any regulation made in terms ora provision repealed under Sl'Ctitrn 98 renwins valid lo the extent that ii is n,nsistent Vl'ilh clus Act and shall he regarded as having been made in terms or 1his Act. 15 (2) Anything else done in terms of legislation repealed in terms of section 98 which can or must he done in terms of this Act must be regarded as having hccn done in terms of this Act. Part 2 General Limitation of liability 100. Neither the State nor any other person is liable for any damage or loss caused hy / ri) the exerci-;c or any power Dr the performance of any duty in terms of this Act: 40 or 45 ( bi the failure to excrci~e any power nr perform any duly in terms of this Act. unless the exercbe or or failure f() exercise the pm.vcr. or performance or failure 10 pcrl'linn the duty. was unlawrut. negligent or in had fo1th. Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za Polity~ a 120 GOVl'R~MENT G,\ZETTE. 11 H '.BIWAlff 2009 Act !lio. 24, 2008 NATIO'\AL H\VlR<>'sMENTi\L M1\NAGEMENT: 11\TEGRATED COASTAL MANAGEMENT ACT. ~008 Short title 101. This Act is called Lhc Nalional F.nvironmenlal Management: Jntegnt1cd Cnastal Managcmcnl Act, 2007. and takes effect on a date or dates determined by the President hy proclamation in the Ga-;etre . !\'umber and }'ear of the law Act l\o. 21 111' I 9Vi Act :'\lo. 7"', nf 1980 SCHEDULE I LAWS REPEALED / Section 98) Short title Extent of repeal or amendment Sea-shore /\ct. 1935 Repeal of the whok. to the ex.tent that ii has not been assigned lo provinces. Dumping at Sea Repeal of the whole Control Act, 1980 SCHEDULE 2 (Section 71) GUIDELINES FOR THE ASSESSMENT OF WASTES OR OTHER '.\1ATERIAL THAT MAY BE CONSIDERED FOR DUMPING AT SEA ("the Waste Assessment Guidelines") GEl\ERAL 1. This Schedule si.:ts ou1 guidclirn.:s for ri.:ducing the necessity for dumping al sca in accordance with Scheduk II 10 1hc Pro1ocol to the Convention on the Prevention of Marine Pollution by Dumping of Was1es and Other Mailers adoptcd 011 7 Nowmhcr 1996. WASTE PREVENTJON AUDIT 2. The initial stagi.:s in assi.:ssing alti.:rnativcs to dumping at sea should. as appropriate. include an evaluation of (a) 1he types. amounts and rdali ve ha,:ard of wastes gencrnted: ( b) details of the production process and the sources of wastes within tl1at process: 5 10 15 20 25 and ~O (ci 1he feasibility of the following waste reduction ur prevention techniques: (i) product reformulation: (ii) dean production tcdrnologics; (iii) process moditica1ion: (iv) input substitution: and ~5 ( v) on-site. closed-loop recycling. 3. ln general terms, if lhc required audit reveals that opportunities exist for waste prevention al ils source, an applicant for a permit is expected to formulate and implcmc111 a ,vastc pn:vcntion strategy, in collahoralion with the rclcvanl local. provincial and national agcneics. which includes spci.:iti-: waste reduc1ion targt:Ls 40 Polity~ a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za I'.''.' GOVERNMEl',;T GA/.ET"l'E. 11 1+:IWLJl\]{Y '.'009 Act No. 24, 2ll08 r\ATIO:'JAL ENVIRON\1Ef'.;TAL MI\\AGEMENT: lNTt::GRATED COASTAL MANAGEMFVf ACT, 2008 and provision for fun her waste prevention audits to cnsrnT that these targets are heing 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 managemenl should he lo identify and control the sources of contamination. This should he achieved 5 through implementation of waste prevention strategies and requires collabora tion between the relevant local. provincial and national agencies involved with the control of point and non-point sources of pollution. Until this oh iectivc is met. the prohlems of contaminated dredged material may he addressed hy using disposal management te chniques at sea or nn land. I 0 CONSIDERATION OF WASTE MANAGEMENT OPTIONS 5. Applications to dump wastes or other material must demonstrate that appropriate consideration has been given to the following hierarchy of waste manage ment options. which implies an order of incn.:asing: environmental impact: (a) re-use: 15 (b) off-site recycling: (c) destruction oC haLardous constituents; (d) treatment to rc<lul'e or rcnwve the hazardous consLituents: and (e) disposal on land. into air and in water. 6. The Minister will refuse to grant a permit ir it is established that appropriate 20 opportunities exist to re-use. recycle or treat the waste •.vithout undut: risks to human health or the environment or disproportionate costs. The practical availability of other means of disposal should be considcn:d in the light of a comparative risk assessment involving hot.h dumping at sea and the alternatives. CHE\11CAL, PHYSICAL AND BIOLOGICAL PROPERTIES 7. A detailed descriptinn and charactcrisacion of the waste is an essential precondition for the cnnsidcration uf altcrnati ves and the basis for a decision as 10 whether a waste may he dumped. If a waste is so poorly characterised that a prnper assessment cannot he made of its potential impacts on health and the 25 environmt:nt, that waste may not be dumped. .10 Characterisation of the wastes and their constituents must take into accounl (a) origin. total amount. form and average Cllnlposition: (h) properties: physical. chemical, hiochemical and biological: (c) toxicity: (d) persistence: physical. chemi(·al and hiologicaL and ~5 (c) acrnmulation amt biotransformation in biological materials or sediments . ACTI0'.'1 LIST 8. In selecting substances for wnsideration in the Action Lisi referred to in section 78, the Minis1er will give priority 10 toxic, persistent and bioaccumulative substances from anthropogenic sources (e.g,. cadmium . mercury. 40 organohalogens. petrokum hydrocarhons, and. whi.:ncvcr relevant. arsenic. lead. copper. 1.inc. beryllium. chromium. nickel and vanadium. organosilicon com pounds. cyanidcs. lluoridcs and pesticides or their by-products other than organohalogens). An Action List can alsu be used as a trigger mechanism l'or l"unhcr waste prevention .,;onsiderations. 45 Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 124 No.3 ! !\X4 GOVERN\1F.I\T GAZETTE. 11 1-EfWUAlff 2009 Act !'.o. 24, 20011 '.\IATIONAI. rNVIRON\IENTAL \tAr--.;i\Gl:ME~T: IKIH ;l{ATED COASTAL MA!\:AGEMF:\T ACT. 2008 9. The Aclil>n List must specify an upper kvcl and may also specify a lower level. The upper level should he set so as to avoid acute or chronic effects on human health oron sensitive marine organisms representative of the marine ecosystem. Application of an Action List will result in three possible categories of waste: (a) wasll:s which contain specified substances. or which cause biological n.:sponscs, 5 exceeding 1he relevant upper level shall not he dumped. unless madc acccptahlc ror dumping at sea 1hrough the use of management techniques or processes: (h) wastes which contain specified subs1an<.:cs, or which cause hiological responses. hclow thi.: rclcvani lower levels should he considered to he of lillle environmen tal concern in relation lo dumping at sea; and I 0 (c) wastes which contain specified suhstances. or which cause hiological n:sponses. below Liu: upper level hut ahove the lower kvel require more detailed assessment hefore their suitahility for dumping at sea can he determined. DUMP-SITE SELECTION 10. The M iniscer will require at least the following information heforc deciding 15 whether or not 10 appnive a site for dumping ai sea: (a) the physical. chemical and hiolofical characteristics of the water-column and th1c seahed: (h) the location of amenities, values and other uses of the sea in the area under rnnsideration; 20 (c) the assessment of I.he constituent lluxes associated with dumping: at sea in rclatilln Lo existing fluxes of substances in the marine environment: (di the economic and operational fcasihility: and (e) any relevant coastal management oh.1ectives. ASSESSMENT OF POTENTIAL EFFECTS 11. Assl'ssrncnt of potential effec1s should lead to a concise statement nf the expL'L'lcd nmsequcnces of the SL'.t or land disposal options. i.e .. the "Impact Hyplllhcsis". It provides a hasis for deciding whether to appro,c or reject the proposed disposal option and for delining environmental monitt1ring require me 111 s. 12. The ass~·ssrnent for dumping at sea must integrate information on waste charactcri•-tics, conditions at the proposed dump-site or dump-sites. fluxes. and proposed tfo,posal techniques and sp.::cify the potential effects on the environ ment. human health, living resources. amenities and olher legitimate uses of the sea. II must ddine the nature. temporal and spatial scaks and duration or 35 cxpeeled impacts hased on reasonably conservative assumptions. 13. An analysis nf each disposal option muc;t he considered in tlw light of a cornparalive 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 availahle 40 to determine the likely effects of the proposed disposal option then chis option may not he considered further. ln addition. if the interpretation of the comparative assessment shows the dumping al sea option to be less prckrahlc. a permit for dumping will not he given. Polity~a Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za 126 Nn. 31~K-l GOVERNMENT GAZETTI:. 11 1-'EBRIJARY 2009 Act No. 24, 20118 NATIONAL ENVIRONMENTAi. MA\A<JEMENT: INTl,GRATED COASTAL '.\1A:\AGEME:\T ACT. 200~ 14. Each assessrnenl must conclude with a statement supporting a decision to issue or refuse a permit for dumping al sea. MONITORING 15. Monitoring is used to verify that permi1 conditions are met-compliance moni1oring--and that the assumptions made during the permit review and site 5 selection process were correct and sufficient 10 proteu the environment and human health- field monitoring. It is essential that ~uch monitoring programmes have ckarly Jelincd ohjcctives. PERMIT AND PERMIT CONDITIONS 16. A decision to issue a permil will only he made if all impact evaluations are 10 completed and the monitoring requirements are determined. The comlitions of the permit must ensure. as far as practicahlc, that adverse effects arc minimised and the hcnefits maximised. A dumping permit issued must conlain J;.ita and information specifying (a) the types and sources or materials to he dumped : I 5 (h) Lhe location tif the dump-site(s): (c) Lhe method nf dumping al sea: and (d) moniloring and reporting requirements . 17. The Minister will review permits for dumping at sea at regular intervals, taking into accuunt lhc results of monitoring and the objectives of monitoring 20 programmes. Review of monituring resulls will indicate whe1hcr lidd programmes need 1n he continued. r~vised or lerminated and will c,mlrihu1c to informed decisions regarding the continuance. modifkation or revoca1ion of permits. This providi::s an important fccdhack mechanism for the protection of human health ,ind 1hc marine cnvironmcnl. 25 Polity~a