National Environmental Management Integrated Coastal Management Act

24. M a n a g e m e nt of special m a n a g e m e nt areas 10 Part 7 Coastal set-back lines 2 5. Establishment of coastal set-back lines C H A P T ER 3 B O U N D A R I ES OF C O A S T AL A R E AS 26. Determination and adjustment of coastal b o u n d a r i es D e t e r m i n i ng and adjusting coastal b o u n d a ry of coastal public property D e t e r m i n i ng and adjusting coastal b o u n d a r i es of coastal protection zone D e t e r m i n i ng and adjusting coastal b o u n d a r i es of coastal access land Entry onto land 27. 28. 29. 30. 3 1. M a r k i ng coastal b o u n d a r i es on zoning m a ps 32. E n d o r s e m e n ts by Registrar of D e e ds C H A P T ER 4 E S T U A R I ES 33. National estuarine m a n a g e m e nt protocol 34. Estuarine m a n a g e m e nt plans C H A P T ER 5 I N S T I T U T I O N AL A R R A N G E M E N TS Part 1 National Coastal Committee 35. 36. E s t a b l i s h m e nt and functions of National Coastal C o m m i t t ee C o m p o s i t i on of National Coastal C o m m i t t ee 37. Vacation of office and termination of m e m b e r s h ip 38. Designation and functions of provincial lead agency Part 2 Provincial lead agencies 15 20 25 30 35 8 No. 31884 GOVERNMENT GAZETTE. 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 Part 3 Provincial Coastal Committees 39. 4 0. Establishment and functions of Provincial Coastal C o m m i t t e es C o m p o s i t i on of Provincial Coastal C o m m i t t e es 4 1. Vacation of office and termination of m e m b e r s h ip 5 Part 4 Municipal Coastal Committees 4 2. Establishment and functions of Municipal Coastal C o m m i t t e es Part 5 Voluntary Coastal Officers 10 4 3. Voluntary coastal officers C H A P T ER 6 C O A S T AL M A N A G E M E NT Part 1 National coastal management programme 15 4 4. Preparation and adoption of national coastal m a n a g e m e nt p r o g r a m me 4 5. C o n t e n ts of national coastal m a n a g e m e nt p r o g r a m me Part 2 Provincial coastal management programmes 4 6. Preparation and adoption of provincial coastal m a n a g e m e nt p r o g r a m m es 20 4 7. C o n t e n ts of provincial coastal m a n a g e m e nt p r o g r a m m es Part 3 Municipal coastal management programmes 4 8. 4 9. Preparation and adoption of municipal coastal m a n a g e m e nt p r o g r a m m es C o n t e n ts of municipal coastal m a n a g e m e nt p r o g r a m m es 25 50. B y - l a ws Part 4 Co-ordination and alignment of plans and coastal management programmes 5 1. 52. 5 3. A l i g n m e nt of certain plans with coastal m a n a g e m e nt p r o g r a m m es Ensuring consistency b e t w e en coastal m a n a g e m e nt p r o g r a m m es and other statutory plans 30 Consultation and public participation Public participation Part 5 10 No. 31884 GOVERNMENT GAZETTE, 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 Part 6 Review of coastal management programmes 54. P o w e rs of Minister to review coastal m a n a g e m e nt p r o g r a m m es 5 5. R e v i ew of municipal coastal m a n a g e m e nt p r o g r a m m es Part 7 5 Coastal planning schemes 56. P l a n n i ng s c h e m es for areas within coastal zone 5 7. Coastal planning and land use s c h e m es of municipalities C H A P T ER 7 P R O T E C T I ON OF C O A S T AL R E S O U R C ES 10 Part 1 Assessing, avoiding and minimising adverse effects 5 8. 59. 60. Duty to avoid causing adverse effects on coastal e n v i r o n m e nt Coastal protection notice and coastal access notice Repair or removal of structures within coastal zone 15 6 1. Failure to c o m p ly with certain notices Part 2 Regulation of coastal zone 62. I m p l e m e n t a t i on of land use legislation in coastal protection zone Part 3 En vironmental authorisations 63. E n v i r o n m e n t al authorisations for coastal activities

64. Minister may grant e n v i r o n m e n t al authorisation in interests of w h o le c o m m u n i ty Part 4 Coastal leases and coastal concessions on coastal public property 6 5. Award of leases and c o n c e s s i o ns on coastal public property 66. Terms of coastal leases and coastal concessions Part 5 General provisions 67. 68. Temporary occupation of land within coastal zone A m e n d m e n t, revocation, suspension or cancellation of authorisations 20 25 30 12 No. 31884 GOVERNMENT GAZETTE, 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT. 2008 C H A P T ER 8 M A R I NE A ND C O A S T AL P O L L U T I ON C O N T R OL 6 9. 7 0. 7 1. 7 2. Discharge of effluent into coastal waters Prohibition of incineration or d u m p i ng at sea D u m p i ng permits E m e r g e n cy d u m p i ng at sea 7 3. National action list C H A P T ER 9 A P P E A LS 74. 7 5. 76. 77. A p p e a ls Advisory appeal panel Interim orders by Minister or M EC Proceedings of advisory appeal panel 78. Determination of appeal by M i n i s t er or M EC C H A P T ER 10 E N F O R C E M E NT 7 9. 80. 8 1. Offences Penalties Jurisdiction of courts 82. Actions in relation to coastal public property C H A P T ER 11 G E N E R AL P O W E RS A ND D U T I ES Part 1 Regulations 8 3. 84. 85. 86. Regulations by Minister Regulations by M E Cs General provisions applicable to regulations A m e n d m e nt of Schedule 2 Part 2 Powers to be exercised by Minister and MEC 87. P o w e rs to be exercised by Minister 88. Directives by M EC to municipalities Part 3 Delegations 89. 90. 9 1. Delegation by Minister Enforcement by Minister Delegation by M E Cs 14 No. 31884 GOVERNMENT GAZETTE, 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 Part 4 General matters 92. 9 3. Urgent action by Minister Information and reporting on coastal matters 94. Co-ordination of actions between p r o v i n c es and municipalities 5 C H A P T ER 12 M I S C E L L A N E O US M A T T E RS Part 1 Transitional provisions 95. 96. 97. 98. Existing leases on, or rights to, coastal public property 10 Unlawful structures on coastal public property Existing lawful activities in coastal zone Repeal and a m e n d m e nt of legislation 99. S a v i n gs

19. Before designating land as coastal access land or w i t h d r a w i ng any such 10 designation, a municipality m u s t— {a) (b) (c) assess the potential environmental impacts of doing so; consult with interested and affected parties in a c c o r d a n ce with Pari 5 of C h a p t er 6; and give notice of the intended designation or withdrawal of the designation to the o w n er of the land. 15 Responsibilities of m u n i c i p a l i t i es with regard to coastal a c c e ss l a nd 20. (1) A municipality in w h o se area coastal access land falls, m u s t— (a) (b) (c) signpost entry points to that coastal access land; control the use of, and activities on, that land; protect and enforce the rights of the public to use that land to gain access to coastal public property; (d) maintain that land so as to ensure that the public h as access lo the relevant coastal public properly; (/) (g) the provision and use of coastal access (e) w h e re appropriate and wilhin its available resources, p r o v i de facilities that p r o m o te access to eoaslal public property, including parking areas, toilets, b o a r d w a l ks and other amenities, taking into account the needs of physically disabled persons; that ensure infrastructure do not cause adverse effects to the e n v i r o n m e n t; r e m o ve any public access servitude that is causing or contributing to adverse effects that the municipality is unable lo prevent or to mitigate adequately; describe or otherwise indicate all coastal access land in any municipal coastal m a n a g e m e nt p r o g r a m me and in any municipal spatial d e v e l o p m e nt frame­ work prepared in terms of the Municipal S y s t e ms Act; perform any other actions that may be prescribed: and report lo the M EC within two years of this Acl c o m i ng into force on the measures taken to implement this section. land and associated (i) (j) (h) (2) A municipality may make by-laws for the proper implementation of subsection (1). 20 25 30 35 40 40 No. 31884 GOVERNMENT GAZETTE, 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 Part 4 Coastal waters Control and m a n a g e m e nt of coastal w a t e rs

50. A municipality may administer its coastal m a n a g e m e nt p r o g r a m me and m ay m a ke b y - l a ws to provide for the i m p l e m e n t a t i o n, administration and enforcement of the 45 coastal m a n a g e m e nt p r o g r a m m e. 66 No. 31884 GOVERNMENT GAZETTE. 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 Part 4 Co-ordination and alignment of plans and coastal management programmes A l i g n m e nt of certain p l a ns w i th coastal m a n a g e m e nt p r o g r a m m es

100. Limitation of liability

101. Short title L a ws repealed and a m e n d e d. Part 2 General S C H E D U LE 1 S C H E D U LE 2 15 20 Guidelines for the assessment of wastes or other material that may be c o n s i d e r ed for d u m p i ng at sea ( " t he Waste A s s e s s m e nt Guidelines*'). C H A P T ER 1 I N T E R P R E T A T I O N, O B J E C TS A ND A P P L I C A T I ON OF A CT 25 Definitions 1. (1) In this Act, unless the context indicates o t h e r w i s e— " a d m i r a l ty r e s e r v e" m e a ns any strip of land adjoining the inland side of the high-water mark which, when this Act look effect, w as state land reserved or designated on an official plan, deed of grant, title deed or other d o c u m e nt evidencing title or land-use rights as " a d m i r a l ty r e s e r v e ", " g o v e r n m e nt r e s e r v e ", " b e a ch r e s e r v e ", "coastal forest r e s e r v e" or other similar reserve; " a d v e r se effect" m e a ns any actual or potential impact on the e n v i r o n m e nt that impairs, or may impair, the e n v i r o n m e nt or any aspect of it to an extent that is more than trivial or insignificant and. without limiting the term, includes any actual or potential impact on the e n v i r o n m e nt that results i n— (a) a detrimental effect on the health or well-being of a person; 30 35 16 No. 31884 GOVERNMENT GAZETTE, 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 (b) (c) an impairment of the ability of any person or c o m m u n i ty to p r o v i de for their health, safety or social and e c o n o m ic needs; or a detrimental effect on the e n v i r o n m e nt d ue c u m u l a t i ve effect of that impact taken together with other i m p a c t s: to a significant impact or is that regarded as being in terms of section 1 of the National " a i r c r a f t" m e a ns an aircraft as defined E n v i r o n m e n t al M a n a g e m e nt Act; " a u t h o r i s a t i o n" m e a ns an authorisation under this Act, and includes a coastal waters discharge permit, a general authorisation, a d u m p i ng permit, a coastal lease, a coastal concession and any authorisation an authorisation under this Act, but e x c l u d es an e n v i r o n m e n t al authorisation; "Biodiversity A c t" m e a ns the National Environmental M a n a g e m e n t: Biodiversity Act, 2 0 04 (Act No. 10 of 2004); " b i o d i v e r s i t y" or "biological d i v e r s i t y" has the same m e a n i ng ascribed to it in the Biodiversity Act; "coastal access l a n d" m e a ns land designated as coastal access land in terms of section 18(1), read with section 2 6; "coastal a c t i v i t i e s" m e a ns coastal activities listed or specified in t e r ms of C h a p t er 5 of the National Environmental M a n a g e m e nt Act which take place in the coastal z o n e; "coastal c o n c e s s i o n" m e a ns a concession a w a r d ed in terms of section 65 read with section 9 5; "coastal e n v i r o n m e n t" m e a ns the e n v i r o n m e nt within the coastal z o n e; "coastal l e a s e" m e a ns a lease a w a r d ed in terms of section 65 read with section 9 5; "coastal m a n a g e m e n t" i n c l u d e s— (a) the regulation, m a n a g e m e n t, protection, conservation and rehabilitation of the coastal e n v i r o n m e n t; the regulation and m a n a g e m e nt of the use and d e v e l o p m e nt of the coastal zone and coastal resources; (b) (c) monitoring and enforcing c o m p l i a n ce with laws and policies that regulate (d) h u m an activities within the coastal zone: and planning in connection with the activities referred to in p a r a g r a p hs (a), (b) and (c): "coastal m a n a g e m e nt o b j e c t i v e" m e a ns a clearly defined objective established by a coastal m a n a g e m e nt p r o g r a m me for a specific area within the coastal zone which coastal m a n a g e m e nt must be directed at achieving; "coastal m a n a g e m e nt p r o g r a m m e" m e a ns municipal coastal m a n a g e m e nt p r o g r a m me established in terms of C h a p t er 6: "coastal p l a n n i ng s c h e m e" m e a ns a s c h e me t h a t— (a) reserves defined areas within the coastal zone to be used exclusively or mainly for specified p u r p o s e s; and prohibits or restricts any use of these areas in conflict with the t e r ms of the s c h e m e; the national or a provincial or (b) 5 10 15 20 25 30 35 40 "coastal protected a r e a" m e a ns a protected area that is situated wholly or partially within the coastal zone and that is m a n a g ed by. or on behalf of. an organ of state, but excludes any part of such a protected area that has been e x c i s ed from the coastal zone in t e r ms of section 22; 45 18 No. 31884 GOVERNMENT GAZETTE. II FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 in "coastal protection z o n e" m e a ns the coastal protection zone c o n t e m p l a t ed section 17; "coastal public p r o p e r t y" m e a ns coastal public property referred to in section 7; "coastal r e s o u r c e s" m e a ns any part of— (a) the cultural heritage of the Republic within the coastal zone, including shell m i d d e ns and traditional fish traps; or (b) the coastal e n v i r o n m e nt that is of actual or potential benefit to h u m a n s; "coastal s e t - b a ck l i n e" m e a ns a line d e t e r m i n ed by an M EC in a c c o r d a n ce with to d e m a r c a te an area within which d e v e l o p m e nt will be section 25 the objects of this Act or coastal prohibited or controlled m a n a g e m e nt objectives; "coastal w a t e r s" m e a n s— (a) marine waters that form part of the internal waters or territorial waters of the Republic referred to in sections 3 and 4 of the M a r i t i me Z o n es Act. 1994 (Act N o. 15 of 1994). respectively; and subject lo section 26. any estuary; in order to achieve in order (b) "coastal w e t l a n d" m e a n s— (a) (b) any wetland in the coastal z o n e: and i n c l u d e s— (i) land adjacent to coastal waters that is regularly or periodically inundated by water, salt marshes, m a n g r o ve areas, inter-tidal sand and mud Hats, marshes, and m i n or coastal streams regardless of w h e t h er they are of a saline, freshwater or brackish nature; and the water, the subsoil and substrata beneath, and bed and b a n ks of, any such wetland; (ii) the national d e p a r t m e nt responsible for e n v i r o n m e n t al "coastal z o n e" m e a ns the area c o m p r i s i ng coastal public properly, the coastal protection zone, coastal access land and coastal protected areas, the seashore, coastal waters and the exclusive e c o n o m ic zone and includes any aspect of the e n v i r o n m e nt on. in, under and above such area; " c o m p e t e nt a u t h o r i t y" m e a ns a c o m p e t e nt authority identified in t e r ms of section 2 4C of the National E n v i r o n m e n t al M a n a g e m e nt Act; "cultural h e r i t a g e" m e a ns any place or object of aesthetic, architectural, historical, scientific, social or spiritual value or significance; " D e p a r t m e n t" m e a ns affairs; " d e v e l o p m e n t ", in relation to a place, m e a ns any process initiated by a person to c h a n ge the use, physical nature or a p p e a r a n ce of that place, and i n c l u d e s— (a) the construction, erection, alteration, demolition or r e m o v al of a structure or building: (b) a process to rezone, subdivide or consolidate land; (c) c h a n g es to the existing or natural t o p o g r a p hy of the coastal z o n e; and the destruction or removal of indigenous or protected vegetation; (d) " D i r e c t o r - G e n e r a l" m e a ns the Director-General of the D e p a r t m e n t; " d u m p i ng at s e a" m e a n s— any deliberate disposal (a) operalional waste structure at sea; any deliberate disposal into the sea of a vessel, aircraft, platform or other m a n - m a de structure at sea; any storage of any waste or other material on or in the seabed, its subsoil or substrata: or any a b a n d o n m e nt or toppling at site of a platform or other structure at sea, for the sole purpose of deliberate disposal, but " d u m p i ng at s e a" d o es nol i n c l u d e— (i) into the sea of any waste or material other than from a vessel, aircraft, platform or other m a n - m a de ihe lawful disposal at sea through sea out-fall pipelines of any waste or other material generated on land: the lawful depositing of any substance or placing or a b a n d o n i ng of anything in the sea for a purpose other than mere disposal of it; or (ii) (d) (b) (c) 5 10 15 20 25 30 35 40 45 50 55 20 No. .31884 GOVERNMENT GAZETTE, II FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 (iii) disposing of or storing in the sea any tailings or other material from the bed or subsoil of coastal waters generated by the lawful exploration, exploitation and associated off-shore p r o c e s s i ng of mineral resources from the bed. subsoil or substrata of the sea; " d u m p i ng p e r m i t" m e a ns a permit granted under section 7 1; " d y n a m ic coastal p r o c e s s e s" m e a ns all natural processes continually reshaping the shoreline and near shore seabed and i n c l u d e s— (a) wind action; (b) w a ve action; currents: (c) tidal action; and id) (e) river flows; "effluent" m e a n s— (a) any liquid discharged into the coastal e n v i r o n m e nt as waste, and includes any substance dissolved or suspended in the liquid; or liquid which is a different temperature from the body of water into which it is being discharged; (b) " e n v i r o n m e n t" m e a ns " e n v i r o n m e n t" as defined in the National E n v i r o n m e n t al M a n a g e m e nt Act; " e n v i r o n m e n t al a u t h o r i s a t i o n" m e a ns an authorisation granted in respect of coastal activities by a competent authority in t e r ms of C h a p t er 5 of the National E n v i r o n m e n t al M a n a g e m e nt Act; " e s t u a r y" m e a ns a body of surface w a t e r— (a) that is part of a water course that is p e r m a n e n t ly or periodically open to the sea; 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 in respect of which the salinity is measurably higher as a result of the influence of the sea: (h) (c) " e x c l u s i ve e c o n o m ic z o n e" m e a ns the exclusive e c o n o m ic zone of the Republic referred to in section 7 of the M a r i t i me Z o n es Act. 1994 (Act N o. 15 of 1994); " G a z e O f ". when used in relation t o— (a) (b) (c) Gazette: the Minister, m e a ns the Government the M E C. m e a ns the Provincial Gazette: and a municipality, m e a ns the Provincial Gazette municipality is situated; of the province in which the line reached by coastal waters, but " g e n e r al a u t h o r i s a t i o n" m e a ns an authorisation u n d er section 6 9 ( 2 ); j " h i g h - w a t er m a r k" m e a ns the highest excluding any line reached as a result of— (a) exceptional or abnormal floods or storms that occur no more than once in ten years: or an estuary being closed to the sea: (b) " i n c i n e r a te at s e a" m e a ns the deliberate c o m b u s t i on of any material on board a vessel, platform or other m a n - m a de structure at sea for the purpose of disposing of it by thermal destruction, but does not include the c o m b u s t i on of operational waste from a vessel, aircraft, platform or other m a n - m a de structure at sea; "interests of the w h o le c o m m u n i t y" m e a ns c o m m u n i ty d e t e r m i n ed b y— (a) the collective interests of prioritising the collective interests in coastal public property of all p e r s o ns living in the Republic o v er the interests of a particular g r o up or sector of society; adopting a long-term perspective that takes into account the interests of future generations in inheriting coastal public properly and a coastal e n v i r o n m e nt characterised by healthy and productive e c o s y s t e ms and e c o n o m ic activities that are ecologically and socially sustainable; and taking into account the interests of other living o r g a n i s ms that are d e p e n d e nt on the coastal e n v i r o n m e n t: (b) (c) the 5 10 15 20 25 30 35 40 45 50 55 " i s s u i ng a u t h o r i t y" m e a ns the authority designated in t e r ms of this Act to issue authorisations; " l a nd d e v e l o p m e nt p l a n" m e a ns any plan that is p r e p a r ed or approved in terms of legislation regulating land d e v e l o p m e nt and that indicates the desirable uses for areas of land but does not create legal rights to use land; 60 No. 31884 GOVERNMENT GAZETTE, 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 " L a nd S u r v ey A c t" m e a ns the Land Survey Act, 1997 (Act N o. 8 of 1997); "land u se s c h e m e ", in relation to an area, m e a ns a s c h e me established by or under legislation and that creates or regulates the use of land in that area, and includes a land use s c h e m e, a town planning s c h e m e, a zoning s c h e me and any other similar instrument that identifies or regulates rights to use land; "littoral active z o n e" m e a ns any land forming part of, or adjacent to, the seashore that i s— (a) (b) unstable and d y n a m ic as a result of natural p r o c e s s e s; and characterised by d u n e s, beaches, sand bars and other landforms c o m p o s ed of is either unconsolidated unvegetated or only partially vegetated; sand, pebbles or other such material which "local c o m m u n i t y" m e a ns any c o m m u n i ty of people living, or having rights or interests, in a distinct geographical area within the coastal z o n e; " l o w - w a t er m a r k" m e a ns the lowesl line lo which coastal waters recede during spring tides; " M a r i ne Living R e s o u r c es A c t" m e a ns the M a r i ne Living R e s o u r c es Act, 1998 (Act N o. 18 of 1998): " M E C" m e a ns the m e m b er of the Executive Council of a coastal province w ho is responsible for the designated provincial lead agency in terms of this Act; " M i n i s t e r" m e a ns the Minister of Environmental Affairs and T o u r i s m; " m u n i c i p a l i t y "— (a) m e a ns a metropolitan, district or local municipality established in terms of the Local G o v e r n m e n t: Municipal Structures Act, 1998 (Act N o. 117 of 1998): or in relation to the implementation of a provision of this Act in an area w h i ch falls within both a local municipality and a district municipality, m e a n s— (i) (ii) the district municipality: or the local municipality, if the district municipality, by a g r e e m e nt with the local municipality, has assigned the i m p l e m e n t a t i on of that provision in thai area lo the local municipality: (b) " M u n i c i p al S y s t e ms A c t" m e a ns the Local G o v e r n m e n t: Municipal S y s t e ms Act. 2 0 00 (Act N o. 32 of 2 0 0 0 ); " N a t i o n al E n v i r o n m e n t al M a n a g e m e nt A c t" m e a ns the National E n v i r o n m e n­ tal M a n a g e m e nt Act. 1998 (Act N o. 107 of 1998): "national e s t u a r i ne m a n a g e m e nt p r o t o c o l" m e a ns c o n c e r n i ng the m a n a g e m e nt of estuaries contemplated in section 3 3; " N a t i o n al W a t er A c t" m e a ns the National Water Act. 1998 (Act N o. 36 of 1998); " o p e r a t i o n al w a s t e "— (a) m e a ns any waste or other material that is incidental to, or derived from, the normal operation of a vessel, aircraft, platform or other m a n - m a de structure and its e q u i p m e n t; and e x c l u d es any waste or other material thai is transported by or lo a vessel, the aircraft, platform or other m a n - m a de structure which purpose of disposing of that waste or other material, including any substances derived from treating it on board, at sea; is operated for the national protocol (b) the meaning assigned " o r g an of s t a t e" has the m e a n i ng assigned to it in section 239 of the C o n s t i t u t i o n; the National " p o l l u t i o n" has E n v i r o n m e n t al M a n a g e m e nt Act; " p r e s c r i b e" m e a ns prescribe by regulation; " p r o t e c t ed a r e a" m e a ns a prolected area referred to in section 9 of the Protected A r e as Act; in section 1 of to it 5 10 15 20 25 30 35 40 45 50 24 No.31884 GOVERNMENT GAZETTE. 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 "Protected A r e as A c t" m e a ns the National E n v i r o n m e n t al M a n a g e m e n t: Pro­ tected Areas Act, 2 0 03 (Act N o. 57 of 2 0 0 3 ); "provincial lead a g e n c y" m e a ns a provincial organ of state designated by the Premier of the province in terms of section 38 as the lead agency for coastal m a n a g e m e nt in the p r o v i n c e; " s e a" m e a ns all marine waters, i n c l u d i n g— (a) (b) (c) the high seas; all marine waters under the jurisdiction of any state; and the bed, subsoil and substrata beneath those waters, but does not estuaries; include " s e a s h o r e ", subject to section 26, m e a ns the area b e t w e en the l o w - w a t er mark and the high-water mark: " S o u th African aircraft" m e a ns any aircraft registered in the Republic in t e r ms of applicable legislation; " S o u th A f r i c an v e s s e l" m e a ns any vessel registered or d e e m ed to be registered in the R e p u b l ic in terms of applicable legislation; "special m a n a g e m e nt a r e a" m e a ns an area declared as such in terms of section 23; "this A c t" includes any regulation m a de in terms of this Act; "traditional c o u n c i l" m e a ns a traditional council established and recognised in terms of section 3 of the Traditional L e a d e r s h ip and G o v e r n a n ce F r a m e w o rk Act. 2 0 03 (Act No. 41 of 2003); " v e s s e l" m e a ns a waterborne craft of any kind, whether self-propelled or not, but d o es not include any m o o r ed floating structure that is not used as a m e a ns of transport by water; " w a s t e" m e a ns any substance, w h e t h er or not that substance can be re-used, recycled or r e c o v e r e d— (i) (ii) that is surplus, u n w a n t e d, rejected, discarded, a b a n d o n ed or disposed of; that the generator has no further use of, for the p u r p o s es of production, reprocessing or c o n s u m p t i o n; and that is discharged or deposited in a m a n n er that may detrimentally impact on the e n v i r o n m e n t; (iii) land which " W a s te A s s e s s m e nt G u i d e l i n e s" m e a ns the guidelines set out in Schedule 2; and " w e t l a n d" m e a ns terrestrial and aquatic- s y s t e ms where the water table is usually at or near the surface, or the land is periodically covered with shallow water, and which land in normal c i r c u m s t a n c es supports or would support vegetation typically adapted to life in saturated soil. (2) In this Act. a word or expression derived from a word or expression defined in is transitional between subsection (1) has a c o r r e s p o n d i ng m e a n i ng unless the context indicates o t h e r w i s e. O b j e c ts of Act

7. Coastal public property consists of— 28 No. 31884 GOVERNMENT GAZETTE. II FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT. 2008 (a) (b) (c) (d) coastal waters; land s u b m e r g ed by coastal waters, i n c l u d i n g— (i) land flooded by coastal waters which subsequently b e c o m es part of the bed of coastal waters; and the substrata beneath such land; (ii) any island, w h e t h er natural or artificial, within coastal waters, but exclud­ i n g— (i) any part of an c o m m e n c e d; or any part of an artificially created island (other than the seashore of that island) that is p r o c l a i m ed by the Minister to be excluded from coastal public property; lawfully alienated before that was this Act island (ii) the seashore, but e x c l u d i n g— (i) any portion of the seashore below the high-water mark w h i ch w as lawfully alienated before the S e a - S h o re Act,") 9 35 (Act N o. 21 of 1935). took effect or which w as lawfully alienated in terms of that Act and which has not subsequently been re-incorporated into the s e a s h o r e; and any portion of a coastal cliff that w as lawfully alienated before this Act took effect and is not o w n ed by the State; (ii) (e) (f) (g) (h) the seashore of a privately o w n ed island within coastal waters; any admiralty reserve o w n ed by the State; any state-owned land declared under section 8 to be coastal public property; or any natural resources on or i n— (i) any coastal public property of a category mentioned in paragraph (a) to 5 10 15 20 (ii) (iii) (8)1 the exclusive e c o n o m ic zone, or the continental shelf as c o n t e m p l a t ed in sections 7 and 8 of the M a r i t i me Z o n es Act. 1994 (Act N o. 15 of 1994), respectively: or any harbour, work or other installation on or in any coastal public property of a category mentioned in paragraphs (a) to (h) that is o w n ed by an organ of state. in or on 25 30 E x t e n d i ng coastal public property 8. (1) T he Minister may. by notice in the Gazette, declare in the m a n n er c o n t e m p l a t ed in subsection (2) any state-owned land as coastal public property in o r d e r— (a) (b) (c) (d) (e) to i m p r o ve public access to the seashore; to protect sensitive coastal e c o s y s t e m s; to secure the natural functioning of d y n a m ic coastal p r o c e s s e s; to facilitate the a c h i e v e m e nt of any of the objects of this Act: or to protect p e o p l e, property and e c o n o m ic activities from risks arising from d y n a m ic coastal processes, including the risk of sea-level rise. land as coastal public property terms of in (2) Before declaring state-owned subsection (1). the Minister m u s t— (a) (b) consult with interested and affected parties; and obtain responsible for m a n a g i ng that state-owned land. the c o n c u r r e n ce of the Minister, or of the M EC of the p r o v i n c e, (3) T he declaration of state-owned in t e r ms of subsection (1) may only be w i t h d r a wn by the Minister by notice in the Gazette with the prior approval of Parliament. land as coastal public property (4) This section d o es not affect the application of section 2 6. 35 40 45 30 No. 31884 GOVERNMENT GAZETTE. II FEBRUARY 2009 Acl No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 A c q u i s i t i on of private l a nd by State 9. (1) The Minister, acting with the c o n c u r r e n ce of the Minister of Land Affairs, may acquire private land for the purpose of declaring that land as coastal public property, b y- (a) (b) (c) purchasing the land: e x c h a n g i ng the land for other land: or if no agreement a c c o r d a n ce with the Expropriation Act, 1975 (Act N o. 63 of 1975). (2) Land may be acquired in terms of this section only if it is being expropriated for is reached with the owner, by e x p r o p r i a t i ng the land in a purpose set out in section 8(1). D e s i g n a t i on of s t a t e - o w n ed l a nd for certain p u r p o s es 10. (1) The Minister may, by notice in the Gazette— (a) (b) designate stale-owned land vested in the national g o v e r n m e nt for the purpose of facilitating any of the matters m e n t i o n ed in section 8(1); or at any time withdraw a designation in terms of paragraph (a) by following the process described in subsection (2). (2) Before designating state-owned land in terms of subsection (1 )(a) or w i t h d r a w i ng a designation in t e r ms of subsection (\)(b) Ihe Minister m u s t— (a) (h) (c) the persons responsible for m a n a g i ng consult the M EC of the province c o n c e r n e d; consult the stale-owned interested and affected parties in terms of Part 5 of C h a p t er 6; and obtain the c o n c u r r e n ce of the Minister r e s p o n s i b le for m a n a g i ng that state- o w n ed land. land and (3) T he M EC may, by notice in the Gazette— (a) (b) land vested designate state-owned purpose of facilitating any of the matters m e n t i o n ed in section 8(1); or at any time withdraw a designation in terms of paragraph (a) in the m a n n er contemplated in subsection (4). in the provincial g o v e r n m e nt the for (4) Before designating state-owned land in terms of subsection (3)(c/) or w i t h d r a w i ng a designation in terms of subsection (3)(/;) the M EC m u s t— (a) (b) (c) the persons responsible consult the Minister; consult the state-owned interested and affected parties in terms of Part 5 of C h a p t er 6; and obtain the c o n c u r r e n ce of the M EC responsible for m a n a g i ng that state-owned land. for m a n a g i ng land and " 5 10 15 20 25 30 35 (5) State-owned land designated regarded as coastal public property. in terms of subsection (\)(a) or (3)fa) must be O w n e r s h ip of coastal public p r o p e r ty 11. (1) The o w n e r s h ip of coastal public properly vests in the citizens of the Republic and coastal public properly must be held in irusl by the State on behalf of the citizens of the Republic. 40 (2) Coastal public properly is inalienable and c a n n ot be sold, attached or acquired by prescription and rights over it cannot be acquired by prescription. State public trustee of coastal public p r o p e r ty

12. T he State, in its capacity as the public trustee of all coastal public property, m u s t— ensure that coastal public property is used, m a n a g e d, protected, c o n s e r v ed and e n h a n c ed in the interests of the w h o le c o m m u n i t y; and (a) 45 32 No. 31884 GOVERNMENT GAZETTE, II FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 (b) reasonable lake w h a t e v er ii considers necessary to conserve and protect coastal public properly for the benefit of present and future generations. legislative and other m e a s u r es A c c e ss to coastal public property 13. (1) Subject to this Act and any other applicable legislation, any natural person in 5 the R e p u b l i c— (a) (b) has a right of reasonable access to coastal public property; and is entitled to use and enjoy coastal public properly, p r o v i d ed such u s e— (i) does nol adversely affect the rights of m e m b e rs of the public to use and enjoy the coastal public properly; (ii) does not hinder the State in the p e r f o r m a n ce of its duty to protect the e n v i r o n m e n t; and (iii) does not cause an adverse effect. (2) This section d o es not prevent prohibitions or restrictions on access to. or the use of, any part of coastal public p r o p e r t y— (a) which is or forms part of a protected area; (b) (c) (d) (e) to protect the e n v i r o n m e n t, including biodiversity; in the interests of the whole c o m m u n i t y; in the interests of national security; or in the national interest. 10 15 20 (3) No fee m ay be charged for access to coastal public properly without the approval of the Minister. (4) T he Minister, before granting approval for the imposition of a fee. must require a public participation process in a c c o r d a n ce with Part 5 of C h a p t er 6 to e n a b le interested and affected parties to m a ke representations. 25 (5) Subsections (3) and (4) do not apply to coastal public p r o p e r t y— (a) (b) that has been leased; or that is. or forms part of. a protected area or the sea thai forms pari of a harbour or a proclaimed fishing harbour. Position of h i g h - w a t er m a rk 14. (1) If land has a curvilinear boundary e x l e n d i ng to, or a stated distance from, the high-water mark that curvilinear boundary m ay be substituted by a b o u n d a ry of another character by following the procedure prescribed by section 34 of the Land Survey Act, to the requirements of that section the written a g r e e m e nt provided referred to in that section must be signed b y— in addition that (a) (b) the Minister; and the holder of real rights in the land or in land c o n t i g u o us to it w h o se rights would be adversely affected by the replacement of the curvilinear boundary. (2) If a written agreement is not c o n c l u d ed in a c c o r d a n ce with subsection (1) and section 34 as read with section 29 of the Land Survey Act, s u b s e c t i o ns (.3) to (5) of section 29 of that Act apply with the necessary c h a n g e s. (3) O n ce a b o u n d a ry line has been established in terms of subsection (1) it shall be is in this Act unless a new b o u n d a ry regarded as the high-water mark as defined established in terms of subsection (4). (4) If the h i g h - w a t er mark m o v es inland of the natural curvilinear b o u n d a ry or the b o u n d a ry line established in terms of subsection (1) and r e m a i ns there for at least two years, a new b o u n d a ry line on. or inland of. the high-water mark as d e t e r m i n ed by natural indications, may be d e t e r m i n ed in a c c o r d a n ce with this section at the initiative of the S u r v e y o r - G e n e r al or by a written a g r e e m e nt referred to in subsection (1) being lodged with the Surveyor-General b y— (a) (b) fc) (d) the Minister; the municipality within w h o se area of jurisdiction situated: the o w n er of a land unit affected by the m o v e m e nt of the h i g h - w a t er m a r k: or ihe holder of real rights in a land unit affected by the m o v e m e nt of the high-waler mark. the b o u n d a ry line is (5) If the high-water mark m o v es inland of the b o u n d a ry line of a land unit due to the erosion of the coast, sea-level rise or other c a u s e s, and r e m a i ns inland of that b o u n d a ry line for a period of ihree years, Ihe o w n er of that land u n i t— 30 35 40 45 50 55 34 No. 318X4 GOVERNMENT GAZETTK. II FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT. 2008 (a) (b) loses o w n e r s h ip of" any portion of that land unit that is situated b e l ow the high-water m a r k; and is not entitled to c o m p e n s a t i on from the State for that loss of o w n e r s h i p, unless the m o v e m e nt of the high-water mark was caused by an intentional or negligent act or omission by an organ of state and w as a reasonably foreseeable c o n s e q u e n ce of that act or omission. formed part of (6) If accretion occurs, whether as a result of natural p r o c e s s es or h u m an activities, land which took effect and which subsequently b e c o m es situated inland of the high-water mark as a result of a c h a n ge in the position of the h i g h - w a t er mark, remains coastal public property, and d o es not b e c o me part of any adjoining property unless the property is b o u n d ed by the h i g h - w a t er mark or extends to a staled distance from the high-water mark. the seashore when this Act 5 10 M e a s u r es affecting erosion a nd accretion 15. (1) No person, o w n er or occupier of land adjacent to the s e a s h o re or other coastal public property capable of erosion or accretion may require any organ of state or any other person to take m e a s u r es to prevent the erosion or accretion of the seashore or such other coastal public property, or of land adjacent to coastal public property, unless the erosion is caused by an intentional acl or omission of that organ of state or other person. (2) No person may construct, maintain or extend any structure, or take other m e a s u r es on coastal public property to prevent or p r o m o te erosion or accrelion of the s e a s h o re except as provided for in this Act. 15 20 Part 2 Coastal protection zone C o m p o s i t i on of coastal protection z o ne 16. (1) Subject to subsection (2). the coastal protection zone consists of— 25 (a) (b) (c) (d) land falling within an area declared in terms of the E n v i r o n m e nt C o n s e r v a t i on Act, 1989 (Acl N o. 73 of 1989), as a sensitive coastal area within which activities identilied in terms of section 21(1) of that Act may not be undertaken without an authorisation; any part of the litloral active zone that is not coastal public property; any coastal protection area, or pari of such area, which is not coastal public property; any land unit situated wholly or partially within one kilometre of the high- water mark which, when this Acl c a me into f o r c e— (i) w as zoned for agricultural or u n d e t e r m i n ed use; or (ii) was not zoned and was not part of a lawfully established t o w n s h i p, urban 30 35 area or other h u m an settlement; 36 No. 31884 GOVERNMENT GAZETTE, II FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 (/) (e) (g) any land unit not referred to in paragraph (d) that is situated wholly or partially within 100 metres of the high-water mark; any coastal wetland, lake, lagoon or dam which is situated wholly or partially within a land unit referred to in paragraph (d)(\) or (e)\ any part of the seashore which is not coastal public property, including all privately o w n ed land below the h i g h - w a t er m a r k; any admiralty reserve which is not coastal public property: or any land that would be inundated by a 1:50 year flood or storm event. (2) An area forming part of the coastal protection zone, except an area referred to in subsection (\)(g) or (h). may be excised from the coastal protection zone in terms of section 26. (h) (i) P u r p o se of coastal protection z o ne

2. The objects of this Act a r e— (a) (b) (c) (d) (e) to d e t e r m i ne the coastal zone of the R e p u b l i c: to provide, within the f r a m e w o rk of the National E n v i r o n m e n t al M a n a g e m e nt Act, for the co-ordinated and integrated m a n a g e m e nt of the coastal zone by all in a c c o r d a n ce with the principles of co-operative spheres of g o v e r n m e nt g o v e r n a n c e; to preserve, protect, extend and e n h a n ce the status of coastal public property as being held in trust by the State on behalf of all South Africans, including future g e n e r a t i o n s; to secure equitable access to the opportunities and benefits of coastal public properly: and to give effect to the R e p u b l i c 's obligations regarding coastal m a n a g e m e nt and the marine e n v i r o n m e n t. in terms of international law 5 10 15 20 25 30 35 40 45 50 26 No. 31884 GOVERNMENT GAZETTE, 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT. 2008 S t a t e 's d u ty to fulfil e n v i r o n m e n t al rights in coastal e n v i r o n m e nt

3. In fulfilling the rights contained in section 24 of the Constitution of the R e p u b l ic of South Africa, the S l a t e— (a) through ils functionaries and institutions i m p l e m e n t i ng this Acl, must act as the trustee of the coastal z o n e; and 5 (b) must, in i m p l e m e n t i ng this Act, take reasonable m e a s u r es to achieve the progressive realisation of those rights in the interests of every person. A p p l i c a t i on of A ct 4. (1) This Act applies to the Republic, i n c l u d i n g— (a) (b) its internal waters, territorial waters, exclusive e c o n o m ic zone and continental shelf as described in the Maritime Z o n es Act. 1994 (Act N o. 15 of 1994); and the Prince E d w a rd Islands referred lo in the Prince E d w a rd Islands Act, 1948 (Act N o. 43 of 1948). (2) A provision of this Act which relates to d u m p i ng and incineration at sea applies to South African aircraft and vessels also when outside the R e p u b l i c. 10 15 A p p l i c a t i on of N a t i o n al E n v i r o n m e n t al M a n a g e m e nt Act 5. (1) This Act must, in relation to coastal m a n a g e m e n t, be read, interpreted and applied in conjunction with the National E n v i r o n m e n t al M a n a g e m e nt Act. (2) This Act must be regarded as a "specific e n v i r o n m e n t al m a n a g e m e nt A c t" as defined in section 1 of the National Environmental M a n a g e m e nt Act. 20 (3) C h a p t er 4 of the National E n v i r o n m e n t al M a n a g e m e nt Act applies lo the resolution of conflicts arising from the implementation of this A c l. Conflicts w i th o t h er legislation 6. (1) If there is a conflict relating lo coastal m a n a g e m e nt between a section of this Act and any other legislation existing when this Act takes effect, the section of this Acl prevails. 25 (2) A provision contained in this Act or the National E n v i r o n m e n t al M a n a g e m e nt Act, or in regulations m a de or authorisations issued under either Act. prevails if there is a conflict b e t w e en in an authorisation that has been saved in terms of section 99. that provision and a provision contained in regulations or 30 (3) Draft national legislation directly or indirectly a m e n d i ng this Act. or providing for this Act, m ay be that m ay conflict with legislation the e n a c t m e nt of subordinate introduced in P a r l i a m e n t— (a) (b) by the Minister only; or only after legislation. the Minister has been consulted on the c o n t e n ts of the draft 35 C H A P T ER 2 C O A S T AL Z O NE Part 1 Coastal public property 40 C o m p o s i t i on of coastal public property

17. T he coastal protection zone is established for enabling the use of land that is adjacent to coastal public property or that plays a significant role in a coastal e c o s y s t em to be m a n a g e d, regulated or restricted in order t o— (a) (/;) (c) protect the ecological integrity, natural character and the e c o n o m i c, social and aesthetic value of coastal public property: avoid increasing the effect or severity of natural h a z a r ds in the coastal z o n e: protect people, property and e c o n o m ic activities from risks arising from d y n a m ic coastal processes, including the risk of sea-level rise; (d) maintain the natural functioning of ihe littoral active zone; (e) maintain the productive capacity of the coastal zone by protecting the ecological integrity of the coastal e n v i r o n m e n t; and (/) m a ke land near the seashore available to organs of state and other authorised persons for— (i) performing rescue operations; or (ii) temporarily depositing objects and materials w a s h ed up by the sea or tidal waters. Part 3 Coastal access land 5 10 15 20 25 30 D e s i g n a t i on of coastal access land 18. (1) E a ch municipality whose area includes coastal public properly must within four years of the c o m m e n c e m e nt of this Act, m a ke a b y - l aw that designates strips of land as coastal access land in order to secure public access to that coastal public property. (2) Coastal access land is subject to a public access servitude in favour of the local it is situated and in terms of which municipality within whose area of jurisdiction m e m b e rs of the public may use that land to gain access to coastal public property. 35 (3) A municipality must implement subsection (1) subject t o— (a) the other provisions of this Act, i n c l u d i n g— (i) any prohibitions or restrictions referred to in section 13(2); and 40 38 No. 31884 GOVERNMENT GAZETTE, 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT. 2008 (ii) the national and applicable provincial coastal m a n a g e m e nt p r o g r a m m e s; and (b) any other applicable national or provincial legislalion. (4) No land within a harbour, defence or other strategic facility may be designated as coastal access land without the consent of the Minister responsible for that facility. 5 (5) Subject to section 19, a municipality may, on its o wn initiative or in r e s p o n se to a request from an organ of state or any other interested and affected party, w i t h d r aw the designation of any land as coastal access land. P r o c e ss for d e s i g n a t i ng a nd w i t h d r a w i ng designation of coastal a c c e ss land

100. N e i t h er the Stale nor any other person is liable for any d a m a ge or loss caused b y- (a) (b) the exercise ol any p o w er or the p e r f o r m a n ce of any duty in terms of this Act; or the failure to exercise any p o w er or perform any duly in terms of this Act. unless the exercise of or failure to exercise the power, or p e r f o r m a n ce or failure to perform the duty, was unlawful, negligent or in bad faith. 40 45 120 No. 31884 GOVERNMENT GAZETTE, 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 S h o rt title

101. This Act is called the National Environmental M a n a g e m e n t: Integrated Coastal M a n a g e m e nt Act, 2 0 0 7, and takes effect on a date or dates d e t e r m i n ed by the President by proclamation in the Gazette. S C H E D U LE 1 5 L A WS R E P E A L ED (Section 98) Number and year of the law Short title Extent of repeal or amendment Act N o. 21 of 19.35 S e a - s h o re Act, 1935 Repeal of the w h o l e, lo ihe e x t e nt that ii h as not b e en a s s i g n ed to p r o v i n c e s. A c! N o. 73 of 1980 D u m p i ng at Sea C o n t r ol Act, 1980 Repeal of the w h o le S C H E D U LE 2 (Section 71) G U I D E L I N ES F OR T HE A S S E S S M E NT OF W A S T ES OR O T H ER M A T E R I AL T H AT M AY BE C O N S I D E R ED F OR D U M P I NG AT S EA ("the Waste A s s e s s m e nt G u i d e l i n e s ") G E N E R AL

1. T h is S c h e d u le sets out guidelines for reducing the necessity for d u m p i ng at sea in a c c o r d a n ce with Schedule II to the Protocol the Prevention of M a r i ne Pollution by D u m p i ng of Wastes and O t h er Matters adopted on 7 N o v e m b er 1996. to the C o n v e n t i on on W A S TE P R E V E N T I ON A U D IT

2. T he initial stages in assessing alternatives to d u m p i ng at sea should, as appropriate, include an evaluation of— (a) (b) (e) the types, a m o u n ts and relative hazard of w a s t es g e n e r a t e d; details of the production process and the sources of w a s t es within that process; and the feasibility of the following waste reduction or prevention t e c h n i q u e s: (i) product reformulation; (ii) (iii) process modification; (iv) input substitution: and (v) on-site, closed-loop recycling. clean production technologies; 15 20 25 30 35 3. In general terms, if the required audit reveals that opportunities exist for waste prevention at its source, an applicant for a permit is e x p e c t ed to formulate and i m p l e m e nt a waste prevention strategy, in collaboration with the relevant local, provincial and national agencies, which includes specific waste reduction targets 40 122 No. 31884 GOVERNMENT GAZETTE, II FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 and provision for further waste prevention audits to ensure that these targets are being met. Permit issuance or renewal decisions must assure c o m p l i a n ce with any resulting waste reduction and prevention r e q u i r e m e n t s. 4. For dredged material and sewage sludge, the goal of waste m a n a g e m e nt should be to identify and control the sources of c o n t a m i n a t i o n. T h is should be achieved 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 objective is met, the p r o b l e ms of contaminated dredged material m ay be addressed by using disposal m a n a g e m e nt techniques at sea or on land. 5 10 C O N S I D E R A T I ON OF W A S TE M A N A G E M E NT O P T I O NS

5. Applications to d u mp wastes or other material must d e m o n s t r a te that appropriate consideration has been given to the following hierarchy of waste m a n a g e m e nt options, which implies an order of increasing environmental (a) (b) (c) (d) (e) re-use; off-site recycling; destruction of hazardous constituents; treatment to reduce or r e m o ve the h a z a r d o us constituents; and disposal on land, into air and in water. impact: 15

6. T he Minister will refuse to grant a permit if it is established that appropriate opportunities exist to re-use, recycle or treat the waste without u n d ue risks to h u m an health or the e n v i r o n m e nt or disproportionate costs. T he practical availability of other m e a ns of disposal should be considered in the light of a c o m p a r a t i ve risk assessment involving both d u m p i ng at sea and the alternatives. 20 C H E M I C A L, P H Y S I C AL A ND B I O L O G I C AL P R O P E R T I ES 25

7. A detailed description and characterisation of the wasle is an essential precondition for the consideration of alternatives and the basis for a decision as to whether a waste may be d u m p e d. If a waste is so poorly characterised that a proper assessment cannot be m a de of its potential impacts on health and the e n v i r o n m e n t, that wasle may not be d u m p e d. Characterisation of the wastes and their constituents must take into a c c o u n t— (a) (b) (c) (d) (e) origin, total a m o u n t, form and average c o m p o s i t i o n; properties: physical, c h e m i c a l, biochemical and biological; toxicity; persistence: physical, chemical and biological; and accumulation and biotransformation in biological materials or s e d i m e n t s. A C T I ON L I ST 8. from In selecting substances for consideration in the Action List referred to in section to toxic, persistent and b i o a c c u m u l a t i ve 7 8, the Minister will give priority substances mercury, a n t h r o p o g e n ic o r g a n o h a l o g e n s, petroleum h y d r o c a r b o n s, and, w h e n e v er relevant, arsenic, lead, copper, zinc, beryllium, c h r o m i u m, nickel and v a n a d i u m, organosilicon c o m­ p o u n d s, cyanides, fluorides and pesticides or than o r g a n o h a l o g e n s ). An Action List can also be used as a trigger m e c h a n i sm for further waste prevention considerations. their b y - p r o d u c ts other c a d m i u m, sources (e.g., 30 35 40 45 124 No. 31X84 GOVERNMENT GAZETTE. 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT. 2008

9. T he Action List must specify an upper level and m ay also specify a lower level. T he upper level should be set so as to avoid acute or chronic effects on h u m an health or on sensitive marine organisms representative of the marine e c o s y s t e m. Application of an Action List will result in three possible categories of waste: (a) wastes which contain specified substances, or which c a u se biological responses, e x c e e d i ng the relevant upper level shall not be d u m p e d, unless m a de acceptable for d u m p i ng at sea through the use of m a n a g e m e nt techniques or processes; (b) wastes which contain specified substances, or which c a u se biological responses, 5 below the relevant lower levels should be considered to be of little e n v i r o n m e n­ tal concern in relation to d u m p i ng at sea; and 10 (c) wastes which contain specified substances, or which c a u se biological responses, below the upper level but above the l o w er level require m o re detailed assessment before their suitability for d u m p i ng at sea can be d e t e r m i n e d. D U M P - S I TE S E L E C T I ON

10. T he Minister will require at least the following information before deciding 15 whether or not to approve a site for d u m p i ng at sea: (a) the physical, chemical and biological characteristics of the w a t e r - c o l u mn and the seabed: the location of amenities, values and other uses of the sea in the area under consideration; the assessment of the constituent fluxes associated with d u m p i ng at sea in relation to existing fluxes of substances in the m a r i ne e n v i r o n m e n t; the e c o n o m ic and operational feasibility; and any relevant coastal m a n a g e m e nt objectives. (b) (c) (d) (e) 20 A S S E S S M E NT OF P O T E N T I AL E F F E C TS 25

11. A s s e s s m e nt of potential effects should the '"Impact expected c o n s e q u e n c es of the sea or land disposal options, i.e.. the H y p o t h e s i s ". It provides a basis for deciding w h e t h er to approve or reject the proposed disposal option and for defining e n v i r o n m e n t al monitoring require­ ments. to a concise statement of lead

12. T he assessment for d u m p i ng at sea must information on waste characteristics, conditions at the proposed d u m p - s i te or d u m p - s i t e s, fluxes, and proposed disposal techniques and specify the potential effects on the environ­ ment, human health, living resources, amenities and other legitimate uses of the the nature, temporal and spatial scales and duration of sea. It must define expected impacts based on reasonably c o n s e r v a t i ve a s s u m p t i o n s. integrate

13. An analysis of each disposal option must be considered light of a c o m p a r a t i ve assessment of risks, e n v i r o n m e n t al costs, hazards, (including accidents), e c o n o m i cs and exclusion of future uses. If this assessment reveals that a d e q u a te information is not available to determine the likely effects of the p r o p o s ed disposal option then this option m ay not be considered the c o m p a r a t i ve a s s e s s m e nt s h o ws the d u m p i ng at sea option to be less preferable, following c o n c e r n s: h u m an health interpretation of In addition, further. in the the the if a permit for d u m p i ng will not be given. 30 35 40 126 No. 31HS4 GOVERNMENT GAZETTE. 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT. 2008

14. E a ch a s s e s s m e nt must c o n c l u de with a statement supporting a decision to issue or refuse a permit for d u m p i ng at sea. M O N I T O R I NG

15. M o n i t o r i ng is used to verify that permit conditions are m e t — c o m p l i a n ce m o n i t o r i n g — a nd that the a s s u m p t i o ns m a de during the permit r e v i ew and site to protect the e n v i r o n m e nt and selection process were correct and sufficient h u m an such monitoring health—field monitoring. p r o g r a m m es have clearly defined objectives. essential that is It P E R M IT A ND P E R M IT C O N D I T I O NS

16. A decision lo issue a permit will only be m a de if all impact e v a l u a l i o ns are c o m p l e t ed and the monitoring requirements are d e t e r m i n e d. T he c o n d i t i o ns of the permit must e n s u r e, as far as practicable, that adverse effects are m i n i m i s ed and the benefits m a x i m i s e d. A d u m p i ng permit issued must contain data and information s p e c i f y i n g— the types and sources of materials to be d u m p e d; (a) the location of the dump-sitef.v); (b) (c) the m e t h od of d u m p i ng at sea: and (d) monitoring and reporting requirements. the results of monitoring and

17. T he Minister will review permits for d u m p i ng at sea at regular intervals, taking the objectives of m o n i t o r i ng into account p r o g r a m m e s. R e v i ew of monitoring field indicate w h e t h er p r o g r a m m es need to be continued, revised or terminated and will contribute lo informed decisions regarding the c o n t i n u a n c e, modification or revocation of p e r m i t s. This provides an important feedback m e c h a n i sm for the protection of h u m an health and the marine e n v i r o n m e n t. results will 5 10 15 20 25

21. An organ of state that is legally responsible for controlling or m a n a g i ng any activity on or in coastal waters, must control and m a n a ge that a c t i v i t y— 5 (a) in the interests of the w h o le c o m m u n i t y; and (b) in a c c o r d a n ce with the R e p u b l i c 's obligations under international law. Part 5 Coastal protected areas E x c i s i on of p r o t e c t ed areas from coastal protection z o ne 10 22. (1) Subject to section 87. the M EC may by notice in the Gazette declare that with effect from a specified date the whole or any part of a protected area that is not coastal public property, will not form part of the coastal protection zone. (2) T he M EC may only publish a notice referred to in subsection (1) after consultation with the m a n a g e m e nt authority of the protected area, if he or she on r e a s o n a b le g r o u n ds believes that doing so will not prejudice the effective m a n a g e m e nt of the coastal zone. 15 Part 6 Special management areas D e c l a r a t i on of special m a n a g e m e nt a r e as 23. ( I) T he Minister may. after consultation with the M E C, by notice in the Gazette— 20 (a) declare an area that is wholly or partially within the coastal zone to be a special m a n a g e m e nt area; or (b) withdraw or a m e nd any declaration m a de in terms of paragraph (a). (2) Before declaring an area to be a special m a n a g e m e nt area, the Minister must give interested and affected parties an opportunity to m a ke representations in a c c o r d a n ce with Part 5 of C h a p t er 6. (3) An area may be declared as a special m a n a g e m e nt area only if e n v i r o n m e n t a l, cultural or s o c i o - e c o n o m ic conditions in that area require the introduction of m e a s u r es which are necessary in order to more effectively— (a) (b) (c) (d) attain the objectives of any coastal m a n a g e m e nt p r o g r a m me in the area; facilitate the m a n a g e m e nt of coastal resources by a local c o m m u n i t y; p r o m o te sustainable livelihoods for a local c o m m u n i t y; or conserve, protect or e n h a n ce coastal e c o s y s t e ms and biodiversity in the area. (4) T he Minister may prescribe specified activities which are prohibited in special m a n a g e m e nt areas taking into account the purpose for which the special m a n a g e m e nt area was declared. 25 30 35 M a n a g e m e nt of special m a n a g e m e nt a r e as 24. ( I) T he M i n i s t er may, by notice in the Gazette, appoint a m a n a g er for each special m a n a g e m e nt area. 42 No. 31884 GOVERNMENT GAZETTE. II FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 (2) T he m a n a g er must have sufficient expertise and capacity to m a n a ge the special it w as the objectives for w h i ch that will a c h i e ve in a m a n n er m a n a g e m e nt area established and may b e— (a) (b) (c) (d) a juristic person constituted for that p u r p o s e; an organ of state; a traditional council; or any other person with appropriate expertise and capacity. 5 (3) Before authorising the m a n a g er to begin m a n a g i ng the special m a n a g e m e nt area, the Minister must m a ke regulations t h a t— (a) (b) define the duties and p o w e rs of the manager; and prescribe rules to facilitate the a c h i e v e m e nt of the objectives for which the special m a n a g e m e nt area w as declared. 10 Part 7 Coastal set-back lines E s t a b l i s h m e nt of coastal s e t - b a ck lines 25. (1) An M EC must in regulations published in the Gazette— (a) (b) establish or c h a n ge coastal set-back l i n e s— to protect coastal public property, private property and public safety; (i) to protect the coastal protection z o n e: (ii) to preserve the aesthetic values of the coastal z o n e; or (iii) (iv) for any other reason consistent with the objectives of this Act; and prohibit or restrict the building, erection, alteration or extension of structures that are wholly or partially seaward of that coastal set-back line. (2) Before m a k i ng or a m e n d i ng the regulations referred to in subsection (1), the M EC m u s t— (a) (b) consult with any local municipality within w h o se area of jurisdiction coastal set-back line is, or will be, situated: and give interested and affected parlies an opportunity lo m a ke representations in a c c o r d a n ce with Part 5 of Chapter 6. the 15 20 25 (3) A local municipality within whose area of jurisdiction a coastal set-back line has been established must delineate the coastal set-back line on a m ap or m a ps that form part of its zoning s c h e me in order to enable the public to d e t e r m i ne the position of the set-back line in relation to existing cadastral boundaries. 30 (4) A coastal set-back line may be situated wholly or partially outside the coastal zone. C H A P T ER 3 B O U N D A R I ES OF C O A S T AL A R E AS D e t e r m i n a t i on and a d j u s t m e nt of coastal b o u n d a r i es 26. (1) T he coastal boundaries of— (a) (b) (c) coastal public property may be d e t e r m i n ed or adjusted by the Minister in a c c o r d a n ce with section 27 by notice in the Gazette; the coastal protection zone m ay be d e t e r m i n ed or adjusted by the M EC in a c c o r d a n ce with section 28 by notice in the Gazette: a special m a n a g e m e nt area may be d e t e r m i n ed or adjusted by the Minister in a c c o r d a n ce with section 23 by notice in the Gazette: and 35 40 44 No. 31884 GOVERNMENT GAZETTE. 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 (d) coastal access land may be determined or adjusted by the municipality a c c o r d a n ce with section 29 by notice in the Gazette. in (2) T he p o w er of the Minister to d e t e r m i ne or adjust the inland coastal b o u n d a ry of coastal public property to m a ke any consequential c h a n ge to an adjoining coastal b o u n d a ry of the coastal protection zone or coastal access land. in terms of section 27, the p o w er includes (3) T he coastal b o u n d a r i es referred to in subsection (1) may be d e t e r m i n ed or adjusted if— (a) (b) is uncertain or undefined; is subject to disputing claims; or that coastal b o u n d a r y— (i) (ii) (iii) has shifted due to natural or artificial processes: or the Minister, M EC or municipality concerned on r e a s o n a b le g r o u n ds believes that the objects of this Acl will be achieved m o re effectively by d o i ng so. 5 10 (4) W h en d e t e r m i n i ng or adjusting a coastal boundary in t e r ms of subsection (1), the 15 Minister, M EC or municipality in question m u s t— (a) (b) (c) give interested and affected parties an opportunity to m a ke representations in a c c o r d a n ce with Part 5 of Chapter 6; lake into a c c o u n t— (i) (ii) (iii) c o m p ly with any other requirements that may be prescribed. any representations m a de by interested and affected parties; the interests of any affected local c o m m u n i t y; any applicable coastal m a n a g e m e nt p r o g r a m m e; and 20 (5) If the Minister or M EC d e t e r m i n es or adjusts any coastal b o u n d a ry under this section, he or she must immediately inform any municipality within w h o se area of jurisdiction the coastal b o u n d a ry is situated to enable the municipality to reflect that coastal b o u n d a ry on its zoning m a ps in a c c o r d a n ce with section 3 1. 25 D e t e r m i n i ng a nd a d j u s t i ng coastal b o u n d a ry of coastal public p r o p e r ty 27. (1) W h en d e t e r m i n i ng or adjusting the inland coastal b o u n d a ry of coastal public- (a) (b) the periodic natural m o v e m e n ts in the high-water m a r k; and the erosion and accretion of the seashore; importance of ensuring property, the Minister must take into a c c o u n t— ihe d y n a m ic nature of the shoreline; the need to m a ke appropriate allowance for— (i) (ii) functioning of d y n a m ic coastal the processes and of extending the coastal b o u n d a r i es of coastal public property to include the littoral active zone and sensitive coastal e c o s y s t e m s, including coastal w e t l a n d s; the potential effects of projected rises in sea-level; and any other factor that may be prescribed. the natural id) (e) (c) 30 35 40 (2) T he Minister may exclude any area from coastal public property for g o v e r n m e nt purposes, by p r o c l a m a t i o n. (3) Before e x c l u d i ng any area from coastal public property in terms of subsection (2), the Minister must consult with interested and affected parties in terms of Part 5 of C h a p t er 6. 45 (4) T he Minister may exclude any area from coastal public property for any other purpose with the ratification of Parliament. (5) L a nd e x c l u d ed from coastal public property forms part of state o w n ed land. 46 No.31884 GOVERNMENT GAZETTE, 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT. 2008 (6) T he Minister may on application approve the reclamation ot'land. Such reclaimed land shall, unless excluded from coastal public property in terms of subsection (5), form part of coastal public property. (7) F or purposes of this section, " g o v e r n m e nt p u r p o s e s" m e a ns the exercise of functions by an organ of state that are in the national interest or in the interest of national security but d o es not include donation, leases of m o re than 20 years or alienation by that organ of slate. 5 D e t e r m i n i ng a nd a d j u s t i ng coastal b o u n d a r i es of coastal p r o t e c t i on z o ne 28. (1) T he M EC may not d e t e r m i ne or adjust the coastal b o u n d a r i es of the coastal the coastal boundaries of coastal public that c h a n g es protection zone in a m a n n er property. (2) T he M EC m ay include land that is not adjacent to coastal public property in the coastal protection zone. (3) W h en d e t e r m i n i ng or adjusting the coastal b o u n d a ry of the coastal protection zone the M EC must take into a c c o u n t— (a) (b) (c) (d) (e) (/) to importance incorporate in, or restored for coastal m a n a g e m e nt that should be maintained the p u r p o se for which the coastal protection zone is established: the coastal into the protection zone land inland of the high-water mark that is not coastal public- property but to, a natural or semi-natural state; the need to avoid risks posed by natural hazards to people, biodiversity, coastal public property and private property; the potential for the n u m b er and severity of natural disasters to increase d ue to the effects of global climate c h a n ge and other impacts on the e n v i r o n m e n t, and the i m p o r t a n ce of taking preventive m e a s u r es to address these threats; the i m p o r t a n ce of allowing for the m o v e m e nt of the position of the high water mark over lime and of protecting the inland coastal b o u n d a ry of coastal public property by d e m a r c a t i ng a c o n t i n u o us strip of land adjacent lo it; and any other factor thai may be prescribed. 10 15 20 25 D e t e r m i n i ng a nd a d j u s t i ng coastal b o u n d a r i es of coastal access l a nd 30

51. An environmental implementation or e n v i r o n m e n t al m a n a g e m e nt plan in terms of C h a p t er 3 of the National E n v i r o n m e n t al M a n a g e m e nt Act, an integrated d e v e l o p m e nt plan land terms of d e v e l o p m e nt plan m u s t— the Municipal S y s t e ms Act and a provincial or municipal in (a) (b) (c) the national coastal m a n a g e m e nt p r o g r a m me and any be aligned with applicable provincial coastal m a n a g e m e nt p r o g r a m m e; contain those provisions of the national coastal m a n a g e m e nt p r o g r a m me and any applicable provincial coastal m a n a g e m e nt p r o g r a m me that specifically applies to it; and g i ve effect to the national coastal m a n a g e m e nt p r o g r a m me and any applicable provincial coastal m a n a g e m e nt p r o g r a m m e. 5 10 E n s u r i ng consistency b e t w e en coastal m a n a g e m e nt p r o g r a m m es and o t h er statutory p l a ns 15 52. (1) For the purposes of this section, "statutory p l a n" m e a ns a plan, policy or p r o g r a m me adopted by an organ of state that may affect coastal m a n a g e m e n t, and without limitation, m ay i n c l u d e— (a) (b) (c) (d) (e) (/) an e n v i r o n m e n t al implementation or e n v i r o n m e n t al m a n a g e m e nt plan pre- pared in terms of C h a p t er 3 of the National E n v i r o n m e n t al M a n a g e m e nt Act; an integrated d e v e l o p m e nt plan adopted by a municipality in terms of the M u n i c i p al S y s t e ms Act; the national biodiversity Biodiversity Act and a bioregional plan prepared in terms of that Act; a provincial or municipal land d e v e l o p m e nt plan; a provincial strategic policy and plan c o n c e r n ed with p r o m o t i ng sustainable d e v e l o p m e n t: and the national estuarine m a n a g e m e nt protocol. in section 38 of framework referred the to 20 25 (2) T he Minister must ensure that there is consistency between the national coastal 30 m a n a g e m e nl plan and other statutory plans adopted by a national organ of stale. (3) T he M EC must ensure thai there is consistency b e t w e en the provincial coastal m a n a g e m e nt plan and other statutory plans adopted by either a national or a provincial organ of state. (4) Each municipality in the coastal zone must ensure that its integrated d e v e l o p m e nt is consistent with other statutory plan (including its spatial d e v e l o p m e nt framework) plans adopted by either a national or a provincial organ of state. 35 (5) If there is a conflict between the provisions of a coastal m a n a g e m e nt p r o g r a m me and the provisions of another statutory plan, the person responsible u n d er subsections (2). (3) or (4) to ensure consistency must discuss the conflict with the organ of state responsible for that statutory plan in order to resolve the conflict, failing w h i ch the conflict must be dealt with in accordance with C h a p t er 4 of the National E n v i r o n m e n t al M a n a g e m e nt Act. 40 (6) Conflicts between a coastal m a n a g e m e nt p r o g r a m me and other statutory plans must be resolved in a m a n n er that best p r o m o t es the objects of this Act. 45 (7) O n ce the parties referred to in subsection (5) have resolved the conflict they must m a ke appropriate a m e n d m e n ts to one or more of such conflicting plans. 68 No. 31884 GOVERNMENT GAZETTh. II FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT. 2008 PartS Public participation C o n s u l t a t i on a nd public participation 5 3. (1) Before exercising a power, which this section, in the Minister, M E C, municipality or other person this Act requires to be exercised a c c o r d a n ce with exercising that p o w er m u s t— (a) (b) (c) consult with all Ministers, M E Cs or municipalities w h o se areas of responsibilities will be affected by the exercise of the p o w e rs in a c c o r d a n ce with the principles of co-operative g o v e r n a n ce as set out in C h a p t er 3 of the Constitution; publish or broadcast his or her intention to do so in a m a n n er that is reasonably likely to bring it to the attention of the public; and by notice in the Gazette— (i) invite m e m b e rs of the public to submit, within no less than 30 d a ys of such notice, written the p r o p o s ed exercise of p o w e r; and contain sufficient information to enable m e m b e rs of the public to submit representations or objections. representations or objections (ii) to 5 10 15 Part 6 Review of coastal management programmes 20 P o w e rs of M i n i s t er to review coastal m a n a g e m e nt p r o g r a m m es 54. (1) T he Minister may at any time review any provincial coastal m a n a g e m e nt p r o g r a m m e. (2) T he Minister must, in r e v i e w i ng the provincial coastal m a n a g e m e nt p r o g r a m m e, d e t e r m i ne whether or not it— (a) meets the r e q u i r e m e n ts specified in section 4 7; (h) (c) (d) is consistent with the national coastal m a n a g e m e nt p r o g r a m m e; gives a d e q u a te protection to coastal public property; and provides an appropriate policy framework for establishing an effective and efficient system of coastal m a n a g e m e n t. (3) If the M i n i s t er believes that a provincial coastal m a n a g e m e nt p r o g r a m me d o es not meet all the criteria referred to in subsection (2). the Minister must by notice to the M EC of the province c o n c e r n e d, require the M EC to a m e nd or replace the provincial coastal m a n a g e m e nt p r o g r a m me wilhin a reasonable period, which must be specified in the notice. 25 30 35 (4) An M EC w ho receives a notice in terms of subsection (3) must a m e nd or replace the provincial coastal m a n a g e m e nt p r o g r a m me by following the s a me procedure used to prepare and adopt it in terms of this Act. except that the new or a m e n d ed coastal m a n a g e m e nt p r o g r a m me may not be finally adopted without the consent of the Minister. (5) (a) T he Minister m ay request an M EC to review a municipal coastal m a n a g e m e nt 40 p r o g r a m me under section 5 5. (b) If the M EC is unable or unwilling to review the municipal coastal m a n a g e m e nt p r o g r a m me within a reasonable period, the Minister may do so. in which c a se section 55 applies with the necessary c h a n g e s. R e v i ew of m u n i c i p al coastal m a n a g e m e nt p r o g r a m m es 45 55. (1) T he M EC may at any time review a municipal coastal m a n a g e m e nt p r o g r a m m e. 70 No. 31884 GOVERNMENT GAZBTTK. 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 (2) The M EC must, in reviewing the municipal coastal m a n a g e m e nt p r o g r a m m e, determine whether or not it— (a) m e e ts the r e q u i r e m e n ts specified in section 4 9; (b) is consistent with p r o g r a m m e s; gives adequate protection lo coastal public property; and the national and (c) (d) was prepared in a m a n n er that allowed for effective participation by interested the provincial coastal m a n a g e m e nt and affected parties. (3) If, after considering the advice of the Provincial Coastal C o m m i t t e e, the M EC believes that a municipal coastal m a n a g e m e nt p r o g r a m me does not meet all the criteria referred to in subsection (2), the M EC must, by notice to the municipality c o n c e r n e d, require the municipal coastal m a n a g e m e nt p r o g r a m me within a reasonable period, which must be specified in the notice. to a m e nd or replace the municipality (4) A municipality that receives a notice in t e r ms of subsection (3), must a m e nd or replace the municipal coastal m a n a g e m e nt p r o g r a m me by following the same procedure used to prepare and adopt it in terms of this Act except that the new or a m e n d ed coastal m a n a g e m e nt p r o g r a m me may not be finally adopted without the consent of the M E C. Part 7 Coastal planning schemes P l a n n i ng s c h e m es for areas within coastal z o ne 5 6. (1) A coastal p l a n n i ng s c h e me is a s c h e me that facilitates the attainment of coastal m a n a g e m e nt objectives b y— (a) (b) defining areas within the coastal zone or coastal m a n a g e m e nt area which m a y— (i) be used exclusively or mainly for specified purposes or activities: or (ii) not be used for specified p u r p o s es or activities; and prohibiting or restricting activities or uses of areas that do not c o m p ly with the rules of the s c h e m e. (2) A coastal planning s c h e me m u s t— (a) (b) (c) be eslablished by notice in the Gazette; be consistent w i t h— (i) (ii) (iii) (iv) lake into account any other applicable coastal m a n a g e m e nt p r o g r a m m e s. this Act; the national coastal m a n a g e m e nt p r o g r a m m e; the applicable provincial coastal m a n a g e m e nt p r o g r a m m e: and any estuarine m a n a g e m e nt plan applicable in the area; and (3) A coastal planning s c h e me may be established and i m p l e m e n t ed for an area within the coastal zone b y— (a) the Minister, after consultation with the M EC and with any authority that is responsible for m a n a g i ng an area to which the planning s c h e me applies, if the planning s c h e me applies t o— (i) an area of coastal public property and is established to protect and control the use of marine living resources or to implement national n o r ms or standards', or an area of t wo provinces, or adjoins or straddles the borders of the Republic of South Africa; the border b e t w e en the coastal z o ne that straddles (ii) 5 10 15 20 25 30 35 40 45 72 No. 31X84 GOVERNMENT GAZETTE, II FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT. 2008 (b) (c) (d) (e) the Minister and any authority the person in which the authority to m a n a ge a coastal protected area is vested, if the planning s c h e me only applies within that protected area; the M E C, after consultation with is responsible for m a n a g i ng an area to which the p l a n n i ng s c h e me applies, if the planning s c h e me is not one referred to in p a r a g r a ph (a) ar(b) and applies to an area of the coastal zone within the p r o v i n c e; the municipality, in consultation with the M EC and after consultation with any authority that is responsible for m a n a g i ng an area to which the p l a n n i ng s c h e me applies, if the planning s c h e me is not one referred to in p a r a g r a p hs (a) or (b) and applies to an area falling within its j u r i s d i c t i o n; and the m a n a g e m e nt authority of a special m a n a g e m e nt area, in consultation with the M EC and after consultation with the municipality, if the planning s c h e me only applies within that m a n a g e m e nt area. that (4) A coastal planning s c h e me established b y— (a) (b) (c) (d) the Minister takes precedence over any other coastal planning s c h e m e: the person in which the authority to m a n a ge a coastal protected area is vested, takes p r e c e d e n ce within that protected area o v er any other coastal p l a n n i ng s c h e me except one established by the Minister; an M EC takes p r e c e d e n ce over any other coastal p l a n n i ng s c h e me except o ne established by for a coastal protected area; or a municipality takes precedence over any other coastal p l a n n i ng s c h e me except one established by the Minister or the M E C, or established within a coastal protected area by the m a n a g e m e nt authority for that protected area. the m a n a g e m e nt authority the Minister or 5 10 15 20 (5) A coastal planning s c h e me may only be established with the c o n s e nt of— 25 (a) (b) the Minister, if the s c h e me applies to an area thai e x t e n ds into the sea further than 5 00 metres from the h i g h - w a t er m a rk or affects the protection or use of marine living resources: or the Minister of Transport, if the s c h e m e— (i) (ii) affects the navigation of vessels on the sea; or restricts vessels entering or leaving a harbour. 30 (6) A coastal planning s c h e me may not create any rights to use land or coastal waters. Coastal p l a n n i ng a nd land use s c h e m es of m u n i c i p a l i t i es 57. (1) Subject to section 56(5), a coastal planning s c h e me of a municipality may form, and be enforced as part of, any land use s c h e me a d o p t ed by the municipality. 35 (2) (a) A municipality m ay not adopt a land use s c h e me that is inconsistent with a coastal p l a n n i ng s c h e me established in terms of this Act. (b) If there is a conflict between a municipal land use s c h e me established after the c o m m e n c e m e nt of this Act and a coastal planning s c h e me m a de in t e r ms of this A c t. the coastal p l a n n i ng s c h e me shall prevail. 40 74 No. 31884 GOVERNMENT GAZETTE, 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT. 2008 C H A P T ER 7 P R O T E C T I ON OF C O A S T AL E N V I R O N M E NT Part 1 Assessing, avoiding and minimising adverse effects D u ty to avoid c a u s i ng a d v e r se effects on coastal e n v i r o n m e nt 58. ( I) (a) Section 28 of the National E n v i r o n m e n t al M a n a g e m e nt Act applies, subject to the necessary c h a n g e s, to any impact caused by any person and that has an adverse effect on the coastal e n v i r o n m e n t. (i) (b) F or the p u r p o s es of the application of section 28 a reference in that section t o— "significant pollution or degradation of the e n v i r o n m e n t" must be read as including an adverse effect on the coastal e n v i r o n m e n t; " e n v i r o n m e n t" must be read as including the coastal e n v i r o n m e n t; and " e n v i r o n m e n t al m a n a g e m e nt p l a n" must be read as m a n a g e m e nt p r o g r a m me applicable in the area c o n c e r n e d. including a coastal (ii) (iii) (2) For the p u r p o s es of subsection ( 1 )— (a) (b) the Minister may, by notice in the Gazette, d e t e r m i ne thai an impact or activity described in the notice must be p r e s u m e d, until the contrary is p r o v e d, to result in an adverse effect; and the persons lo w h om section 28(1) and (2) of the National E n v i r o n m e n t al M a n a g e m e nt Act applies must be regarded as i n c l u d i n g— (i) (ii) a user of coastal public property; the owner, occupier, person in control of or user of land or p r e m i s es on which an activity thai caused or is likely to cause an adverse effect occurred, is occurring or is planned; the o w n er or person in charge of a vessel, aircraft, platform or structure at sea, or the o w n er or driver of a vehicle, in respect of which any activity thai caused or is likely to cause an adverse effect occurred, is o c c u r r i ng or is planned; the operator of a pipeline that ends in the coastal z o n e: or any person w ho produced or discharged a substance w h i ch caused, is causing or is likely to cause, an adverse effect. (iii) (iv) (v) 5 10 15 20 25 30 Coastal protection notice and coastal access notice 59. ( 1) If the Minister has reason to believe that a person is carrying out, or intends to carry out, an activity that is having, or is likely to have, an adverse effect on the coastal issue a written coastal to subsection (2), he or she may e n v i r o n m e nt protection notice to the person responsible for that a c t i v i t y— then, subject 35 (a) (b) prohibiting the activity if it is not already prohibited in t e r ms of this Act: and instructing that p e r s o n— (i) to take appropriate steps in terms of this Act or any other a p p l i c a b le legislation lo protect the e n v i r o n m e n t; to investigate and evaluate the impact of an activity on an aspect of the coastal e n v i r o n m e nt the National E n v i r o n m e n t al M a n a g e m e nt Acl; or lo stop or p o s t p o ne the activity for a r e a s o n a b le period to allow for the investigation to be carried out and for the Minister or M EC to e v a l u a te the report. in a c c o r d a n ce with C h a p t er 5 of (ii) (iii) 40 45 (2) Before exercising a p o w er to issue a coastal protection notice u n d er subsection (1). the Minister m u s t— 76 No. 11HH4 GOVERNMENT GAZETTE, 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 (a) (b) to consult with any other organ of state that authorised, or is c o m p e t e nt authorise, the undertaking of the activity or proposed activity c o n c e r n e d; and give the person to w h om the coastal protection notice is to be a d d r e s s e d, an opportunity of m a k i ng representations. (3) N o t w i t h s t a n d i ng section 8 7, the p o w er of the Minister to issue a coastal protection 5 notice in terms of subsection (1) may only be delegated t o— (a) (b) the M E C. w ho may subdelegate this p o w er to a municipality in that p r o v i n c e; or an official in the D e p a r t m e n t. (4) A coastal protection notice in terms of subsection ( 1 )— (a) must s t a t e— (i) (ii) (ii) the reasons for the notice: the period within which anything required by the notice must be carried out: and that the person to w h om it is addressed may appeal against ihe notice in terms of Chapter 9: (b) may instruct the person to w h om it is addressed, a m o ng other m a t t e r s— (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) to build, maintain or d e m o l i sh any specified w o r k s; to close a public access or prevent unauthorised access to coastal public properly at a specified place; to plant, cultivate, preserve or stop d a m a g i ng i n d i g e n o us vegetation at a specified place; to stop altering the geographical features of land at a specified place; to build or maintain any specified w o r ks at a specified place to protect land from wind erosion; to rehabilitate land at a specified place; to r e m o ve stock from land; or to take m e a s u r es to protecl indigenous fauna. 10 15 20 25 (5) If the Minister has reason to believe that a person is carrying out, or intends to carry out. an activity that is having, or is likely to have, an adverse effect on the rights of natural persons to gain access to. use and enjoy coastal public property, the Minister may issue a written coastal access notice to that p e r s o n— 30 (a) (b) prohibiting the activity if it is not already prohibited in terms of this Act; and instructing that person to take appropriate steps in t e r ms of this Act or any other applicable to allow natural persons access to the coastal public properly. legislation 35 (6) W h en issuing a notice c o n t e m p l a t ed in subsection (5), subsections (2), (3) and (4) apply with the necessary c h a n g e s. R e p a ir or r e m o v al of s t r u c t u r es within coastal z o ne 60. (1) T he Minister or M E C. m ay issue a written repair or removal notice to any 40 person responsible for a structure on or within the coastal zone if that s t r u c t u r e— (a) (h) its existence, because of is having or is likely to have an adverse effect on the coastal e n v i r o n m e nt by virtue of il has been a b a n d o n e d; or has been erected, constructed or upgraded in contravention of this Act or any other law. its condition or because (2) Before exercising a p o w er to issue a repair and r e m o v al notice u n d er subsection (1). the Minister or M EC m u s t— (a) (b) to consult with any other organ of stale that authorised or is c o m p e t e nt authorise the undertaking of the activity or p r o p o s ed activity c o n c e r n e d: and give the person to w h om the repair and removal notice is to be addressed an opportunity to m a ke representations. 45 50 78 No. 31884 GOVERNMENT GAZETTE. 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 (3) N o t w i t h s t a n d i ng section 89 the p o w e i n s t e ad of issuing a notice in a c c o r d a n ce with subsection (4)r of the Minister to issue a repair and removal notice in terms of subsection ( I) may only be delegated t o— (a) (b) the M EC w ho m ay subdelegate this p o w er to a municipality in that p r o v i n c e; or an official in the relevant department. 5 (4) A repair and removal notice in terms of subsection ( 1 )— (a) must s t a t e— (i) (ii) the reasons for the notice; and that the person to w h om it is a d d r e s s ed may appeal against the notice in terms of Chapter 9; and 10 (b) may instruct the person responsible for the s t r u c t u r e— (i) (ii) (iii) (iv) to r e m o ve the structure from the coastal zone or place w h e re it is situated within a specified period; to rehabilitate the site and as far as is reasonable, to restore it to a natural state; to repair the structure to the satisfaction of the Minister or the M EC within the time stated in the notice; or to take any other appropriate steps in terms of this Act or any other applicable legislation to secure the r e m o v al or repair of the structure. (5) If a person responsible for a structure referred to in subsection (1) cannot readily be found, the Minister or the M E C. instead of issuing a notice in a c c o r d a n ce with subsection (4), m a y— (a) (b) and once a week publish a notice that c o m p l i es with the provisions of subsection (2) once in the Gazette in a n e w s p a p er circulating in the area in which the structure in question is situated; and affix a copy of the notice to the structure in question d u r i ng the period of advertisement. t wo c o n s e c u t i ve w e e ks for 15 20 25 Failure to c o m p ly with c e r t a in notices 6 1. If a person fails lo c o m p ly with a notice issued in terms of section 59( I) or (5) or section 60(1) which requires that person to carry out any specific action, or if the person responsible is not identified after publication of a notice in t e r ms of section 6 0 ( 5 ). the Minister or the M EC who issued the notice may instruct a p p r o p r i a te persons t o— 30 (a) (b) the person carry out what is required by the notice; and from recover c i r c u m s t a n c es referred found lo be responsible for the structure, the costs reasonably carrying out the required action. the lo in section 60(4) from any person s u b s e q u e n t ly in the notice w as addressed, or lo w h om incurred in 35 Part 2 Regulation of coastal zone 40 I m p l e m e n t a t i on of land use legislation in coastal p r o t e c t i on z o ne 62. (1) An organ of state that is responsible for i m p l e m e n t i ng national, provincial or municipal legislation that regulates the planning or d e v e l o p m e nt of land must, in a m a n n er that c o n f o r ms to the principles of co-operative g o v e r n a n ce contained in C h a p t er 3 of the Constitution, apply that legislation in relation to land in the coastal protection zone is established as set out in section 17. to the p u r p o s es for which the protection zone that gives effect in a way 45 (2) An organ of state may not authorise land within the coastal protection zone lo be used for any activity that may have an adverse effect on the coastal e n v i r o n m e nt without first c o n s i d e r i ng an environmental impact assessment report. 50 80 No.31884 GOVERNMENT GAZETTE, II FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT. 2008 Part 3 En vironmental authorisations E n v i r o n m e n t al a u t h o r i s a t i o ns for coastal activities 6 3. ( I) W h e re an e n v i r o n m e n t al authorisation in terms of C h a p t er 5 of the National the c o m p e t e nt E n v i r o n m e n t al M a n a g e m e nt Act authority must take into account all relevant factors, i n c l u d i n g— for coastal activities, is required (a) (b) the representations m a de by the applicant and by interested and affected parties; the extent authorisations; in the past c o m p l i ed with similar the applicant has to which (e) (d) (c) whether coastal public property, the coastal protection zone or coastal access land will be affected, and if so, the extent to which the proposed d e v e l o p m e nt or activity is consistent with the purpose for establishing and protecting those areas; the estuarine m a n a g e m e nt plans, coastal m a n a g e m e nt p r o g r a m m es and coastal m a n a g e m e nt objectives applicable in the area; the s o c i o - e c o n o m ic impact if the activity— (i) (ii) the the coastal e n v i r o n m e n t. including the c u m u l a t i ve effect of its impact together with those of existing activities; the likely impact of coastal e n v i r o n m e n t al processes on the p r o p o s ed activity; and the objects of this Act, where applicable. is authorised; is not authorised; impact of likely the proposed activity on (h) (g) (f) (2) T he c o m p e t e nt authority may not issue an e n v i r o n m e n t al authorisation if the d e v e l o p m e nt or activity for which authorisation is s o u g h t— (a) (b) (c) (d) (e) is situated within coastal public property and is inconsistent with ihe objective of conserving and e n h a n c i ng coastal public property for the benefit of current and future generations; is situated within the coastal protection zone and is inconsistent with the pur­ pose for which a coastal protection zone is established as set out in section 17; is situated within coastal access land and is inconsistent with the purpose for which coastal access land is designated as set out in section 18; is likely to cause irreversible or long-lasting adverse effects to any aspect of the coastal e n v i r o n m e nt that cannot satisfactorily be mitigated; is likely p r o c e s s e s; to be significantly d a m a g ed or prejudiced by d y n a m ic coastal if) would substantially prejudice the a c h i e v e m e nt of any coastal m a n a g e m e nt objective: or (g) would be contrary to the interests of the whole c o m m u n i t y. (3) N o t w i t h s t a n d i ng subsection (2). the c o m p e t e nt authority may issue an environ­ mental authorisation in respect of an activity or a d e v e l o p m e nt that d o es not meet the criteria referred to in subsection (2)(a). (b) or (c) if— 5 10 15 20 25 30 35 40 (a) (b) ihe very nature of the proposed activity or d e v e l o p m e nt requires it to be located within coastal public property, the coastal protection z o ne or coastal access land; or the proposed activity or d e v e l o p m e nt will provide important services to the public when using coastal public property, the coastal protection zone, coastal access land or a coastal protected area. 45 50 82 No. 31884 GOVERNMENT GAZETTE. 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT. 2008 (4) If an application for an environmental authorisation cannot be approved by the c o m p e t e nt authority because of a provision of subsection (2), but the c o m p e t e nt authority believes that issuing the authorisation would be in the public interest, the competent authority may refer the application for consideration by the Minister in terms of section 64. 5 (5) T he c o m p e t e nt authority must ensure the t e r ms and c o n d i t i o ns of any environmental authorisation are consistent with any applicable coastal m a n a g e m e nt p r o g r a m m es and p r o m o te the attainment of coastal m a n a g e m e nt objectives in the area concerned. that (6) W h e re an environmental authorisation is not required for coastal activities, the list such activities requiring a permit or licence. Minister may, by notice in the Gazette 10 M i n i s t er m ay grant e n v i r o n m e n t al a u t h o r i s a t i on in interests of w h o le c o m m u n i ty 64. (1) If an application for an e n v i r o n m e n t al authorisation is referred to the Minister in terms of section 63(4) the Minister may, after consultation with the M EC of the relevant province, issue or authorise the other relevant c o m p e t e nt authority to issue the environmental authorisation— (a) (b) for which the environmental authorisation is if the activity o v e r w h e l m i n g ly in the interests of the whole c o m m u n i ty despite the adverse effect it is likely to cause to the coastal zone; and on condition that any mitigated as far as is reasonably possible. irreversible or long-lasting adverse effects must be is required 15 20 (2) Before deciding the application, the Minister may require the applicant lo furnish additional information, including the results of any further studies undertaken. Part 4 Coastal leases and coastal concessions on coastal public property 25 A w a rd of leases a nd c o n c e s s i o ns on coastal public p r o p e r ty 65. (1) Subject lo sections 67 and 9 5, no person may occupy any part of, or site on. or construct or erect any building, road, barrier or structure on or in. coastal public properly except under and in a c c o r d a n ce with a coastal lease a w a r d ed by the Minister in terms of this Chapter. (2) Subject to section 9 5, no person m ay claim an exclusive right to use or exploit any specific coastal resource in any part of. or that is derived from, coastal public properly unless he or s h e— (a) (b) is e m p o w e r ed by national legislation to do so; or is authorised to do so in terms of— (i) (ii) a coastal concession a w a r d ed by the Minister in terms of this C h a p t e r; or an authorisation issued under the M a r i ne Living R e s o u r c es Act. (3) A coastal lease or coastal concession may be awarded by the Minister e i t h e r— 30 35 (a) (b) on application by a person; or if the Minister so d e t e r m i n es in any specific case, through a prescribed bid process. 40 (4) An application for a coastal lease or coastal concession must be lodged in the prescribed manner. (5) A coastal lease or coastal concession a w a r d ed in t e r ms of this C h a p t er d o es not relieve the lessee or concessionaire from the obligation t o— 45 84 No. 11884 GOVERNMENT GAZETTE, 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 (a) (h) obtain any other authorisation that may be required in terms of this Act or other legislation; or c o m p ly with any other legislation. T e r ms of coastal leases a nd coastal c o n c e s s i o ns 66. ( I) A coastal lease or coastal c o n c e s s i o n— (a) must be a w a r d ed for a fixed period of time of not m o re than 20 years; (b) to any prescribed conditions or as m ay be d e t e r m i n ed by is subject Minister in any specific case; and the (c) must provide for the p a y m e nt by the lessee or c o n c e s s i o n a i re of a reasonable rent. (2) A coastal lease or coastal concession on land that is partially or completely s u b m e r g ed by coastal waters may authorise the lessee to use the water either exclusively or for specified purposes. Part 5 General provisions T e m p o r a ry o c c u p a t i on of land within coastal z o ne 67. (1) Subject to the Expropriation Act, 1975 (Act N o. 63 of 1975). the Minister may direct that land within the coastal zone be temporarily o c c u p i ed to build, maintain or repair w o r ks to implement a coastal m a n a g e m e nt p r o g r a m m e, or to respond to pollution incidents or e m e r g e n cy situations, and may for this p u r p o s e— (a) (b) (c) take from the land stone, gravel, sand, earth or other material; deposit materials on it; and construct and use temporary works on it, including roads. (2) N o t w i t h s t a n d i ng section 89, the p o w e rs of the Minister in terms of subsection (1) may be delegated t o— (a) (b) the M E C, w ho may subdelegate this p o w er to a municipality in that p r o v i n c e; or an official in that Department. (3) If the land is private property, the Minister or the M E C, acting in terms of subsection (1), must, before the land is occupied, give the occupier and the o w n er of the land reasonable notice, in writing, of the intention to occupy and the purpose of the occupation. A m e n d m e n t, revocation, s u s p e n s i on or cancellation of a u t h o r i s a t i o ns 68. (1) An issuing authority may a m e n d, revoke, suspend or cancel an authorisation issued in terms of this Act. if— (a) (b) (c) the holder of the authorisation contravenes or fails to c o m p ly with a condition subject to which the authorisation w as issued; it is in conflict with a coastal m a n a g e m e nt p r o g r a m me or will significantly prejudice the attainment of a coastal m a n a g e m e nt objective; c h a n g es in circumstances require such a m e n d m e n t, revocation, s u s p e n s i on or cancellation: or it is necessary to meet the R e p u b l i c 's international obligations. issuing authority must by written notice delivered to the holder of the authorisation, or sent by registered post to the h o l d e r 's last k n o wn address, request the holder to m a ke written representations within a period of 30 d a ys from the date of the notice as to w hy the authorisation should not be a m e n d e d, revoked, s u s p e n d ed or cancelled, as the case may be. (d) (2) An 5 10 15 20 25 30 35 40 45 86 No. 31884 GOVERNMENT GAZETTE, 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT. 2008 the matter in the light of all relevant c i r c u m s t a n c e s, (3) After the expiry of the period referred to in subsection (2) the issuing authority including any must consider representations m a de by the holder, and m a y— r e v o ke the authorisation; suspend the authorisation for a period determined by the issuing authority; cancel the authorisation from a date determined by the issuing authority; alter the terms or conditions of the authorisation; or decide not to a m e n d, revoke, suspend or cancel the authorisation. (a) (b) (c) (d) (e) (4) N o t w i t h s t a n d i ng subsections (2) and (3), the issuing authority may, w h e n e v er it is in the interests of the promotion, protection or utilisation on a sustainable basis of the coastal zone, at any time by written notice to the holder of an authorisation a m e n d, revoke, suspend or cancel the authorisation. (5) If the issuing authority intends to exercise the p o w e rs under subsection (4), subsection (2) apply with the necessary c h a n g e s. (6) If the Minister or an issuing authority has reason to believe that it is urgently necessary to exercise p o w e rs under subsections (1), (3) or (4) in order to protect the coastal e n v i r o n m e nt or h u m an health and well-being, the Minister or issuing authority may. by notice to the holder of an authorisation, temporarily suspend the authorisation and then follow the p r o c e d u re referred to in subsection (3). 5 10 15 (7) A competent authority, w h en exercising the p o w er to a m e n d, w i t h d r aw or suspend an environmental authorisation in terms of the National E n v i r o n m e n t al M a n a g e m e nt Act, must consider the factors referred to in subsections (1), (4), (5) and (6) with the necessary c h a n g e s. 20 C H A P T ER 8 M A R I NE A ND C O A S T AL P O L L U T I ON C O N T R OL 25 D i s c h a r ge of effluent into coastal w a t e rs 6 9. (1) No person may discharge effluent that originates from a source on land into coastal waters except in lerms of a general authorisation c o n t e m p l a t ed in subsection (2) or a coastal waters discharge permit issued under this section by the Minister after consultation with ihe Minister responsible for water affairs in instances of discharge of effluent into an estuary. 30 (2) T he Minister may by notice in the Gazette into an estuary, only after consultation with into coastal waters, and authorise p e r s o ns in g e n e r a l, or a in instances of the Minister category of p e r s o n s, to discharge effluent discharge of effluent responsible for water affairs. 35 (3) A ny person w ho wishes to discharge effluent into coastal waters in c i r c u m s t a n c es that are not authorised under a general authorisation referred to in subsection (2) must apply to the D e p a r t m e nt for a coastal waters discharge permit. (4) Any person w ho at the c o m m e n c e m e nt of this Act is discharging effluent into coastal waters and w ho is not authorised to do so in terms of a general authorisation under subsection (2) must apply to the Department for a coastal waters discharge p e r m i t— 40 (a) within 24 m o n t hs of the date of c o m m e n c e m e nt of this Act if the d i s c h a r ge is in terms of a licence or authorisation under the National Water Act; or (b) within 36 m o n t hs of the dale of c o m m e n c e m e nt of this Act if the discharge is 45 a continuation of an existing lawful water use within the m e a n i ng of section 32 or 33 of the National Water Act. (5) U n l e ss a person referred to in subsection (4) is directed otherwise by a person 88 No. 31884 GOVERNMENT GAZETTE, 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 acting in terms of this Act or the National Water Act, it is not an offence for that person to discharge effluent that originates from a source on land into coastal waters if— (a) (b) that person has m a de an application under subsection (4) but has not yet been notified whether the application has been granted or refused; or the applicable period referred to in subsection (4)<a) or (/?) has not yet expired. 5 (6) A person w ho discharges effluent into coastal w a t e r s— (a) must not waste water; (b) may only do so to the extent that it is not reasonably practicable to return any freshwater in that effluent to the water resource from which it w as taken; (c) must discharge the effluent subject to any condition contained in the relevant 10 authorisation; (d) must c o m p ly with any applicable waste standards or water m a n a g e i n e nt practices prescribed under this Act or under section 29 of the National Water Act or any Act of Parliament specifically dealing with waste, unless the conditions of the relevant authorisation provide otherwise; and (7) T he Minister, and in instances of discharge of effluent (e) must register the discharge with the d e p a r t m e nt responsible for water affairs. into an estuary, with the c o n c u r r e n ce of the Minister responsible for water affairs, must, when deciding w h e t h er or not to issue a general authorisation c o n t e m p l a t ed in subsection (2) or to grant an application for a coastal waters discharge permit, take into account all relevant factors, i n c l u d i n g— (a) (b) is authorised; is not authorised: the interests of the whole c o m m u n i t y; the s o c i o - e c o n o m ic impact if the d i s p o s a l— (i) (ii) the coastal m a n a g e m e nt p r o g r a m m es and estuarine m a n a g e m e nt plans applicable in the area; the the coastal e n v i r o n m e n t, impact of including, the c u m u l a t i ve effect of its impact together with those of existing point and non-point discharges. the R e p u b l i c 's obligations under international law; the factors listed in section 27 of the National Water Act: and any other factors that may be prescribed. (c) (d) (e) (/) (g) the p r o p o s ed disposal on likely (8) T he Minister may not grant an application in terms of subsection (3) for a coastal waters discharge permit if doing so is l i k e l y— (a) (b) (c) to cause irreversible or long-lasting adverse effects that cannot satisfactorily be mitigated; to prejudice objective contained in a coastal m a n a g e m e nt p r o g r a m m e; or to be contrary to the interests of the whole c o m m u n i t y. the a c h i e v e m e nt of any coastal m a n a g e m e nt significantly (9) (a) T he Director-General must within five years of the date of c o m m e n c e m e nt of this A c t— (i) (ii) review all authorisations issued before the c o m m e n c e m e nt of this Act that authorise the discharge of effluent into coastal waters; and in consultation with the director-general of the d e p a r t m e nt responsible for water affairs undertake a joint review of all authorisations issued before the that authorised into c o m m e n c e m e nt of this Act estuaries, in order those authorisations the extent comply with the r e q u i r e m e n ts of this Act and of other applicable legislation. (b) After any such review the Director-General must m a ke r e c o m m e n d a t i o ns lo the the discharge of effluent to which to determine Minister and lo the Minister responsible for water affairs as to w h e t h er or n o t— (i) (ii) (iii) the discharge should be prohibited; in the case of a discharge into the sea, w h e t h er or not a permit should be issued under subsection (1); in the case of a discharge into an estuary, whether or not the discharge should 15 20 25 30 35 40 45 50 55 90 No. 31884 GOVERNMENT GAZETTE, II FEBRUARY 2009 Act No. 24. 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 be authorised in terms of a permit issued under subsection (1) and a permit issued under the National Water Act. (10) T he Minister, and in instances where the discharge takes place into an estuary, with the c o n c u r r e n ce of the Minister responsible for water affairs, must as soon as possible after r e c o m m e n d a t i o ns c o n t e m p l a t ed in section (9)(b) h a ve been received, decide w h e t h er or not to issue a permit or permits referred to in subsection (9) and the conditions that will apply to any permits issued, but before d o i ng so, must give the holders of the authorisations a reasonable opportunity of m a k i ng representations. (11) An organ of state that issues a permit under subsection (1) must report every three years in the prescribed form to the National Coastal C o m m i t t ee on the status of each pipeline the coastal e n v i r o n m e n t. into coastal waters and that discharges effluent its impact on (12) T he M i n i s t er may, when performing functions in t e r ms of subsections (1), (7) and (10). enter into an a g r e e m e nt with any m e m b er of C a b i n e t. Prohibition of incineration or d u m p i ng at sea 70. (1) Subject to subsection (2). no person m a y— aboard a South African vessel: the Republic any waste or other material into the Republic any waste or other material incinerate at sea any waste or other m a t e r i a l— (i) within the coastal waters or the exclusive e c o n o m ic z o n e: or (ii) import to be d u m p ed or incinerated at sea within the coastal waters or the e x c l u s i ve e c o n o m ic z o n e: to be d u m p ed or export from i n c i n e r a t e d— (i) on the high seas; or (ii) load any waste or other material to be d u m p ed or incinerated at sea onto any in the Republic, vessel, aircraft, platform or other structure at any place including the vessel, the exclusive e c o n o m ic zone, unless the m a s t er of aircraft, platform or other structure produces written proof that the d u m p i ng at sea of that waste or other material has been authorised in t e r ms of a d u m p i ng permit granted under section 7 1: except on the authority of a d u m p i ng permit granted u n d er section 71 — (i) d u mp at sea any waste or other material within the coastal waters or the in an area of the sea under the jurisdiction of another state; 5 10 15 20 25 30 exclusive e c o n o m ic z o n e: or (ii) d u mp from a South African vessel, aircraft, platform or other m a n - m a de 35 structure at sea, any waste or other material on the high seas; or d u mp from a South African vessel, aircraft, platform or other m a n - m a de structure at sea, any waste or other material in any area of the sea under the jurisdiction of another state, except with the written permission of that state. (2) It is a defence to a charge in terms of subsection (\)(e)(\) or (ii) to s h o w— 40 (a) (b) that adverse weather conditions necessitated the d u m p i ng or incineration at sea in order to secure the safety of h u m an life or of the vessel, aircraft, platform or structure in question: or that there w as a d a n g er to h u m an life or a real threat to the vessel, aircraft, platform or structure in question, that there a p p e a r ed to be no reasonable alternative to d u m p i ng or incineration at sea, and that it is probable that the adverse effects arising from the d u m p i ng or incineration at sea were less than w o u ld otherwise have occurred; and 45 (a) (b) (c) (d) (e) (f) 92 No. 31884 GOVERNMENT GAZETTE. 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 (c) that in either ease, the d u m p i ng or incineration at sea w as c o n d u c t ed in a m a n n er that m i n i m i s ed any actual or potential adverse effects and w as reported to the D e p a r t m e nt without delay. D u m p i ng p e r m i ts 7 1. (1) A person w ho wishes to d u mp at sea any waste or other material m u s t— 5 (a) (b) apply in writing to the Minister in the form stipulated by the Minister for a d u m p i ng permit that authorises the waste or other material to be loaded aboard a vessel, aircraft, platform or other structure and to be d u m p ed at sea; and pay the prescribed fee. (2) W h en deciding an application for a d u m p i ng permit c o n t e m p l a t ed in subsection 10 (1). the Minister musl have regard t o— (a) (b) (c) (d) (e) (/) (g) the Waste A s s e s s m e nt G u i d e l i n es set out in S c h e d u le 2; any coastal m a n a g e m e nt p r o g r a m me applicable in the area; the likely e n v i r o n m e n t al impact of the proposed activity; national legislation dealing with w a s t e; the interests of the w h o le c o m m u n i t y; transboundary impacts and international obligations and standards; and any other factors that may be prescribed. (.3) T he Minister may not grant a d u m p i ng permit that authorises the d u m p i ng of any (a) (b) (c) (d) (e) (f) (g) waste or other material, other t h a n— dredged material; s e w a ge sludge: fish waste, or material resulting from industrial fish p r o c e s s i ng o p e r a t i o n s; vessels and platforms or other m a n - m a de structures at sea; inert, inorganic geological material; organic material of natural origin: or bulky iron, steel, concrele and similarly non- harmful materials for which the c o n c e rn is physical impact, and limited to those c i r c u m s t a n c es where such wastes are generated at locations, such as small isolated c o m m u n i t i e s, having no practicable access to disposal options other than d u m p i ng at sea. items primarily comprising islands with (4) T he Minister m ay not issue a d u m p i ng permit if— (a) the waste or other material p r o p o s ed for d u m p i ng c o n t a i n s— (i) levels of radioactivity greater than as defined by the International A t o m ic Energy A g e n cy and adopted by the contracting parties to the Protocol lo the C o n v e n t i on on the Prevention of M a r i ne Pollution by D u m p i ng of Wastes and Other M a t t er adopted on 7 N o v e m b er 1996; or is capable of creating floating debris or otherwise contributing to the pollution of the m a r i ne e n v i r o n m e nt and which could be r e m o v ed from the material proposed for d u m p i n g; (ii) material w h i ch 15 20 25 30 35 40 (b) d u m p i ng the waste or other material in q u e s t i o n— (i) is likely to c a u se irreversible or long-lasting adverse effects that cannot satisfactorily be mitigated; (ii) would cause a serious obstacle to fishing or navigation; (iii) would prejudice the a c h i e v e m e nt of any coastal m a n a g e m e nt objective 45 contained in a coastal m a n a g e m e nt p r o g r a m m e; (iv) would be contrary to the obligations of the Republic under international law; or (v) would be contrary to the interests of the w h o le c o m m u n i t y. (5) A d u m p i ng permit must be issued for a specified period of not m o re than two years 50 but may be r e n e w ed once for a period of not more than t wo years. E m e r g e n cy d u m p i ng at sea 7 2. (1) The Minister may in relation to any application for a d u m p i ng permit referred 94 No. 31884 GOVERNMENT GAZETTE. II FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 to in section 71 dispense with any prescribed procedure, including any consultation and public participation processes, if— (a) (b) the d u m p i ng at sea of a quantity of any particular waste or other material is necessary the to avert an e m e r g e n cy e n v i r o n m e nt or to h u m an health or safety; and there is no other feasible solution. that poses an unacceptable risk to (2) Before issuing a permit in the c i r c u m s t a n c es c o n t e m p l a t ed in subsection (1), the Minister must consult w i t h— (a) (b) any foreign stale that is likely to be affected by the proposed d u m p i ng at sea; and the International Maritime Organisation. (3) T he Minister m u s t— (a) (b) as far as reasonably possible in the c i r c u m s t a n c e s, follow any r e c o m m e n d a­ tions received from the International M a r i t i me Organisation when i m p o s i ng permit conditions regarding the p r o c e d u r es to be followed in c o n d u c t i ng the loading or d u m p i ng at sea of the relevant quantity of waste or other material: and inform the International Maritime Organisation of any action taken u n d er this section within a reasonable period thereafter. N a t i o n al action list 5 10 15 20 7 3. (1) T he Minister must progressively and subject to available r e s o u r c e s, d e v e l op a national action list to provide a m e c h a n i sm for screening waste and other material on the basis of their potential effect on h u m an health and the m a r i ne e n v i r o n m e n t. (2) T he national action list m u s t— (a) fb) be developed in a c c o r d a n ce with the Waste A s s e s s m e nt G u i d e l i n es set out in Schedule 2: and contain ihe prescribed information. 25 C H A P T ER 9 A P P E A LS A p p e a ls 30 7 4. (1) A person to w h om a coastal protection notice or coastal access notice in terms of section 59 or a repair and removal notice in t e r ms of section 6 0, has been issued, may lodge a written appeal against that notice w i t h— (a) (b) the Minister, if the notice was issued by an M EC or by a person exercising powers which have been delegated by the Minister to such person in terms of this Act: or the M EC of the province c o n c e r n e d, if the notice was issued by a municipality in that province or by a person exercising p o w e rs delegated by the M EC in terms of this Act. 35 (2) A person w ho is dissatisfied with any decision taken to issue, refuse, a m e n d, suspend or cancel an authorisation, may lodge a written appeal against that decision w i t h— 40 (a) (b) the Minister, if the decision w as taken by a person exercising p o w e rs w h i ch have been delegated by the Minister to such person in terms of this A c t; or the M EC of the p r o v i n ce c o n c e r n e d, if the decision w as taken b y— (i) a person exercising p o w e rs granted or delegated to the M EC that have been delegated by the M E C; a provincial organ of state; or a municipality in that p r o v i n c e. (ii) (iii) (3) An appeal m a de under subsection (1) or (2) m u s t— (a) be lodged within 30 days of the appellant being given the notice in terms of section 59 or 60, or being notified of the decision, or if the appellant is not 45 50 96 No. 31884 GOVERNMENT GAZETTE, II FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT. 2008 given a notice or notified of the decision, within 60 d a ys of the relevant decision being a n n o u n c e d; stale clearly the g r o u n ds of the appeal; state briefly the facts on which the appellant relies and include any relevant that was not placed before I he d e c i s i o n - m a k er and which the information appellant believes should be considered on appeal; and c o m p ly with any other requirements that may be prescribed. (b) (c) (d) (4) An appeal under this section does not suspend an authorisation or an e x e m p t i o n, or any provision or condition of an authorisation, or any notice issued u n d er C h a p t er 7, unless the Minister or M EC directs o t h e r w i s e. (5) T he Minister or M EC may, on good cause s h o w n, extend the period within which an appeal may be lodged in terms of this Chapter. (6) T he Minister or M EC may dismiss an appeal that he or she considers to be trivial, frivolous or manifestly without merit. 5 10 (7) A p p e a ls against a decision involving an e n v i r o n m e n t al authorisation must be dealt 15 with in terms of the National E n v i r o n m e n t al M a n a g e m e nt Act. A d v i s o ry A p p e al panel 7 5. (1) T he Minister or an M EC may appoint an advisory appeal panel to c o n s i d er and advise the Minister or the M EC on an appeal. (2) An advisory appeal panel must consist of an uneven n u m b er of m e m b e r s. (3) T he m e m b e rs appointed by the Minister or an M EC m u s t— {a) (b) have suitable qualifications and experience in relation to the matters that must be considered in the appeal; and be c o m m i t t ed to the objects of this Act. (4) A person may not be appointed as a m e m b er of the appeal panel if he or s h e— (a) was involved in any way in the m a k i ng of the decision appealed against; (b) or any spouse, partner or close family m e m b er of that person has a personal or private interest in the appeal: is an unrehabilitated insolvent; has. as a result of improper conduct, been r e m o v ed from an office of trust; or has been declared by a court to be mentally ill or disordered. (c) id) (e) (5) T he Minister, with the consent of the Minister of F i n a n c e, or the M E C. with the consent of the m e m b er of the provincial executive council responsible for finance, must d e t e r m i ne the rate of remuneration and the a l l o w a n c es payable to any m e m b er of an advisory appeal panel w ho is not an e m p l o y ee of an organ of state. I n t e r im o r d e rs by M i n i s t er or M EC 20 25 30 35 76. (1) T he Minister or an M EC may, at any time after an appeal has been lodged, m a ke any interim order pending the determination of the appeal, that he or she considers equitable or appropriate to achieve the objects of this Act. (2) Without limiting the generality of subsection (1) an interim order m a y— 40 (a) (b) (c) (d) preserve existing rights or an existing state of affairs b e t w e en the parlies to the p r o c e e d i n g s: provide for interim protection of the coastal e n v i r o n m e n t; suspend or temporarily stay a notice or any part of it; or deal with procedural issues. 45 (3) T he Minister or an M EC may make an interim order at his or her o wn initiative, or in response to an application by the appeal panel or a party to the appeal p r o c e e d i n g s. 98 No. 31884 GOVERNMENT GA/.HTTE. II FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT. 2008 (4) If a party to the p r o c e e d i n gs applies for an interim order, the Minister or an M EC must give the parties lo the p r o c e e d i n gs a reasonable opportunity to m a ke oral or written submissions, but may m a ke an interim order pending the m a k i ng of s u b m i s s i o ns by the parties, if the Minister or an M EC has reason to believe that doing so w o u ld be j u st or desirable in order to protect the coastal e n v i r o n m e n t. 5 Proceedings of a d v i s o ry a p p e al panel 77. (1) The chairperson of an advisory appeal panel decides w h en and where the panel meets. (2) An advisory appeal panel must give the appellant, the person w ho m a de the decision or g a ve the notice appealed against, and any other interested and affected parties, a reasonable opportunity of m a k i ng written submissions, and m ay allow oral representations to be m a d e. 10 (3) An advisory appeal p a n e l— (a) must act fairly; (b) may d e t e r m i ne its o wn procedures; (c) may c o n v e ne hearings and m a ke orders concerning preliminary and p r o c e­ dural matters; fd) may s u m m on and e x a m i ne witnesses on oath; fe) must, in considering the merits of an appeal, have regard t o— (i) (ii) the objects of this Act: and any relevant coastal m a n a g e m e nt objectives or standards and relevant policies; and (iii) guidelines published or endorsed by the D e p a r t m e nt or the provincial 15 20 lead agency concerned. (4) An advisory appeal panel must give a written report to the Minister or an M E C, 25 setting out its findings and r e c o m m e n d a t i o n s. (5) T he decision of the majority of the m e m b e rs of an advisory appeal panel is the decision of the panel, but the chairperson must ensure that any dissenting o p i n i o ns by m e m b e rs are recorded in the written report of the panel. D e t e r m i n a t i on of a p p e al by M i n i s t er or M EC fa) (b) 7 8. (1) T he Minister or an M EC must consider the appeal and m a y— dismiss the appeal and confirm the decision appealed against: uphold pari or all of the appeal and either vary the decision appealed against or set aside the decision and m a ke a new decision; or refer the appeal back to the appeal panel with directions to investigate and consider specific facts or issues and lo report back to the M i n i s t er or M E C. fc) (2) In determining an appeal the Minister or an M EC must have regard t o— fa) (b) fc) (he objects of this Act; any relevant coastal m a n a g e m e nt objectives; and the findings and r e c o m m e n d a t i o ns of the appeal panel, but is not b o u nd by them. C H A P T ER 10 E N F O R C E M E NT 30 35 40 Offences 7 9. (1) A person is guilty of a category one offence if that p e r s o n— 45 fa) discharges effluent originating from a source on land into coastal waters in contravention of section 6 9; 100 No. 31884 GOVERNMENT GAZETTE, 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 (b) (c) (d) (e) (f) (g) (h) to be d u m p ed or incinerates at sea any waste or material in contravention of section 7 0; loads, imports or exports any waste or other material incinerated at sea in contravention of section 7 0; d u m ps any waste at sea in contravention of section 7 0; d u m ps any waste or other material at sea without a d u m p i ng permit contravention of section 70; alters any authorisation; fabricates or forges any d o c u m e nt for the purpose of passing it off as an authorisation; passes, uses, alters or has purporting to be an authorisation; or in possession any altered or false d o c u m e nt in (i) m a k es any false statement or report, for the purpose of obtaining or objecting to an authorisation. (2) A person is guilty of a category t wo offence if that p e r s o n— (a) (b) (c) fails to comply with a repair and removal notice issued in terms of section 60; hinders or interferes with a duly authorised person exercising a p o w er or performing a duty in terms of this Act; or knowingly falsely represents that he or she is a person authorised to exercise p o w e rs in terms of this Act; 5 10 15 (3) A person w ho is the holder of an authorisation is guilty of a category three offence 20 if that p e r s o n— (a) (b) (c) to c o m p ly with a condition c o n t r a v e n es or fails authorisation has been issued; performs an activity for which the authorisation was issued otherwise than in a c c o r d a n ce with any conditions subject to which the authorisation w as issued; or allows any other person to do, or to omit to do, anything w h i ch is an offence in terms of paragraph (a) or (b). to w h i ch subject the (4) A person is guilty of a category three offence if that p e r s o n— fails to comply with a coastal protection notice or access notice issued in t e r ms of section 5 9; or c o n t r a v e n es any other provision of this Act which subsection (1). (2) or (3). is not referred to in (a) (b) Penalties 25 30 8 0. (1) A person w ho is guilty of a category one offence referred to in section 79( 1) 35 may be sentenced to a fine of up to R5 0 00 0 00 or to i m p r i s o n m e nt for a period of up to ten years, or to both such line and i m p r i s o n m e n t. (2) A person w ho is guilty of a category t wo offence referred to in section 79(2) may be sentenced on a first conviction for that offence to a line of up to R 5 00 0 00 or to imprisonment or c o m m u n i ty service for a period of up to five years, or to both such line, i m p r i s o n m e nt or c o m m u n i ty service. 40 (3) A person w ho is guilty of a category three offence referred to in section 79(3) may be sentenced on a first conviction for that offence to a fine of up to R 50 0 00 or c o m m u n i ty service for a period of up to six m o n t hs or to both such fine and c o m m u n i ty service. 45 (4) A person w ho is guilty of a category two or three offence may be s e n t e n c ed on a second conviction for that offence as if he or she has c o m m i t t ed a category one or t wo offence. (5) A court that sentences any p e r s o n— (a) to c o m m u n i ty service for an offence in t e r ms of this Act must i m p o se a form of c o m m u n i ty service which benefits the coastal e n v i r o n m e n t, unless it is not possible to impose such a sentence in the c i r c u m s t a n c e s; 50 102 No. 31884 GOVERNMENT GAZETTE. 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT. 2008 (b) for any offence authorisation granted to the offender under this Act. in terms of this Act, may suspend, r e v o ke or cancel an J u r i s d i c t i on of c o u r ts 8 1. If a person is charged with the c o m m i s s i on of an offence in t e r ms of this Act on, in or above coastal waters, a court w h o se area of jurisdiction abuts on the coastal waters has jurisdiction in the prosecution of the offence. 5 A c t i o ns in relation to coastal z o ne

29. W h en d e t e r m i n i ng or adjusting a coastal boundary of coastal access land a municipality must take into a c c o u n t— (a) (b) (c) (d) (e) (f) pedestrians; any other kind of access; the kind of public access required, and w h e t h er it is for— (i) (ii) vehicles; (iii) vessels; or (iv) any potential adverse effects that public access may cause, including caused b y— (i) (ii) vehicles, vessels or other c o n v e y a n c e s; and (iii) the need for parking, recreational and ablution facilities; any existing rights of way, public servitudes or customary m e a ns of g a i n i ng access to the seashore and coastal waters; the need to protect any coastal protected areas; and the i m p o r t a n ce of not restricting the rights of land o w n e rs unreasonably. increased n u m b e rs of people; associated infrastructure; those 35 40 45 48 No. 31884 GOVERNMENT GAZETTE. 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 E n t ry o n to l a nd 3 0. (1) The Minister, an M EC or a municipality may, for the purpose of d e t e r m i n i ng or adjusting a coastal boundary in terms of section 26, authorise any person to enter at any reasonable time, after reasonable notice to the o w n er or occupier of land or p r e m i s e s, other than residential premises, without a warrant, t o— (a) (b) (c) (d) (e) conduct any survey; gather data; undertake an e n v i r o n m e n t al assessment; erect a b e a c o n; or take any other steps that may be necessary under this section. 5 10 (2) A ny person authorised in terms of subsection ( I) to enter land or premises must on d e m a nd by any person, produce proof of his or her identity and authority to enter such land or p r e m i s e s. (3) W h e re the o w n er of any land or premises has refused e n t r a n ce or cannot be found, the Minister, an M EC or a municipality may apply to the High C o u rt for an appropriate order. 15 (4) T he Minister, an M EC or a municipality must c o m p e n s a te the o w n er for any d a m a g e, or repair any d a m a g e, arising from any act performed or carried out on the land or premises in the exercise of any p o w er conferred in terms of this section. M a r k i ng coastal b o u n d a r i es on z o n i ng m a ps 3 1. If the Minister, an M EC or a municipality d e t e r m i n es or adjusts a coastal b o u n d a ry in accordance with section 26. a local municipality within w h o se area of jurisdiction the coastal b o u n d a ry is situated must delineate that coastal b o u n d a ry on a m ap or m a ps that form part of its zoning s c h e me to d e t e r m i ne to existing cadastral the coastal b o u n d a ry b o u n d a r i e s. in order to enable the public in relation the position of 20 25 E n d o r s e m e n ts by R e g i s t r ar of D e e ds 32. (1) T he Minister, an M EC or a municipality, as may be appropriate, must notify in writing w h e n e v er a coastal boundary has been the relevant Registrar of D e e ds d e t e r m i n ed or adjusted in terms of section 26( I) or an area or land has been d e m a r c a t ed in terms of section 26(2). 30 (a) (b) (2) T he notification to the relevant Registrar of D e e ds m u s t— include a description of the land involved; or be a c c o m p a n i ed by a d i a g r am as defined in section I of the L a nd Survey Act. 1997 (Act N o. 8 of 1997), of the land involved which is signed by a land surveyor. (3) On receipt of the notification c o n t e m p l a t ed relevant Registrar of D e e ds must in a c c o r d a n ce with section 3( 1)(w) of the D e e ds Registries Act, 1937 (Act N o. 47 of 1937), m a ke a note in the relevant register of the determination or adjustment of a coastal boundary or a d e m a r c a t i o n. in subsection (2), the 35 40 C H A P T ER 4 E S T U A R I ES N a t i o n al e s t u a r i ne m a n a g e m e nt protocol 3 3. ( I) Estuaries within the Republic must be m a n a g ed in a co-ordinated and efficient m a n n er and in a c c o r d a n ce with a national estuarine m a n a g e m e nt protocol. 45 (2) T he Minister, with the c o n c u r r e n ce of the Minister responsible for water affairs, must within four years of the c o m m e n c e m e nt of this Act prescribe a national estuarine m a n a g e m e nt protocol. (3) T he national estuarine m a n a g e m e nt protocol m u s t— (a) (b) d e t e r m i ne a strategic vision and objectives for achieving effective integrated m a n a g e m e nt of esluaries; set standards for the m a n a g e m e nt of estuaries; 50 50 No. 31884 GOVERNMENT GAZETTE. 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 (c) (d) (e) if) (g) establish p r o c e d u r es or give g u i d a n ce regarding h ow estuaries must be m a n a g ed and h ow the m a n a g e m e nt responsibilities are to be exercised by different organs of state and other parties; establish m i n i m um r e q u i r e m e n ts for estuarine m a n a g e m e nt plans; identify w ho must prepare estuarine m a n a g e m e nt plans and the p r o c e ss to be followed in doing so; specify the process for reviewing estuarine m a n a g e m e nt plans to e n s u re that they c o m p ly with the r e q u i r e m e n ts of this Act; and be published for public c o m m e nt in a c c o r d a n ce with the p r o c e d u re set out in Part 5 of C h a p t er 6. 5 10 E s t u a r i ne m a n a g e m e nt plan 34. (1) T he responsible b o dy contemplated in section 33(3)(>) w ho d e v e l o ps an estuarine m a n a g e m e nt plan must — fa) (b) follow a public participation process in a c c o r d a n ce with Part 5 of C h a p t er 6; and ensure that the estuarine m a n a g e m e nt plan and the p r o c e ss by which it is developed are consistent w i t h— (i) (ii) the national estuarine m a n a g e m e nt protocol; and the national coastal m a n a g e m e nt p r o g r a m me and with the applicable provincial coastal m a n a g e m e nt p r o g r a m me and m u n i c i p al coastal m a n a g e m e nt p r o g r a m me referred to in Parts 1, 2 and 3 of C h a p t er 6. 15 20 (2) An estuarine m a n a g e m e nt plan m ay form an integral part of a provincial coastal m a n a g e m e nt p r o g r a m me or a municipal coastal m a n a g e m e nt p r o g r a m m e. C H A P T ER 5 I N S T I T U T I O N AL A R R A N G E M E N TS 25 Part 1 National Coastal Committee E s t a b l i s h m e nt and functions of N a t i o n al Coastal C o m m i t t ee 35. (1) T he Minister must by notice in the Gazette establish a National Coastal C o m m i t t ee and d e t e r m i ne its p o w e r s. (2) T he D e p a r t m e nt must provide administrative support to the National Coastal C o m m i t t e e. (3) T he National Coastal C o m m i t t ee must p r o m o te integrated coastal m a n a g e m e nt in the effective the Republic and effective co-operative g o v e r n a n ce by c o - o r d i n a t i ng i m p l e m e n t a t i on of this Act and of the national coastal m a n a g e m e nt p r o g r a m m e, and in particular m u s t— p r o m o te integrated coastal m a n a g e m e n t— (i) within each sphere of g o v e r n m e n t; (ii) between different spheres of g o v e r n m e n t; and (iii) between organs of stale and other parties c o n c e r n ed with coastal (a) (b) m a n a g e m e n t; the p r o m o te i n t o— (i) integration of coastal m a n a g e m e nt c o n c e r ns and objectives those e n v i r o n m e n t al i m p l e m e n t a t i on plans and e n v i r o n m e n t al m a n a g e­ ment plans referred to in C h a p t er 3 of the National E n v i r o n m e n t al M a n a g e m e nt Acl to which they are relevant; (ii) national, provincial and municipal d e v e l o p m e nt policies, plans and strategies; (iii) other plans, p r o g r a m m es and policies of organs of stale w h o se activities may create adverse effects on the coastal e n v i r o n m e n t; and 50 (c) perform any function delegated to it. 30 35 40 45 52 No. 31884 GOVERNMENT GAZETTE, 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 C o m p o s i t i on of N a t i o n al Coastal C o m m i t t ee 36. ( I) T he Minister appoints the m e m b e rs of the National Coastal C o m m i t t e e. (2) (a) T he persons to be appointed in terms of subsection (1) must, by virtue of the office that they hold or their expertise, be able to assist the National Coastal C o m m i t t ee in fulfilling its functions. (b) W h en appointing persons in terms of subsection (1), the Minister must ensure that the National Coastal C o m m i t t ee i n c l u d e s— (i) persons with expertise in fields relevant to coastal m a n a g e m e nt and coastal e c o s y s t e m s; a representative from each Provincial Coastal C o m m i t t e e; (ii) (iii) one or more m e m b e rs representing municipalities in the coastal z o n e; (iv) representatives of national g o v e r n m e nt d e p a r t m e n ts which play a significant role in undertaking or regulating activities that may h a ve an adverse effect on the coastal e n v i r o n m e n t, the d e p a r t m e n ts responsible for agriculture, minerals and energy, transport, public w o r k s, provincial and local g o v e r n m e n t, land affairs, water affairs and forestry and trade and industry; and representatives of including 5 10 15 (v) one or more m e m b e rs representing the m a n a g e m e nt authorities of coastal protected areas. (3) T he Minister may, on the basis of the criteria referred to in subsection (2), 20 a p p o i n t— (a) (b) an alternate m e m b er for any m e m b er of the National Coastal C o m m i t t e e; and a replacement for any m e m b er w ho vacates his or her office. (4) T he Minister must, with the consent of the Minister of F i n a n c e, d e t e r m i ne the rate of r e m u n e r a t i on and the a l l o w a n c es p a y a b le to any m e m b er of the National Coastal C o m m i t t ee w ho is not an e m p l o y ee of an organ of state. 25 Vacation of office a nd t e r m i n a t i on of m e m b e r s h ip 37. (1) A m e m b er of the National Coastal C o m m i t t ee vacates office if he or s h e— (a) (b) (c) b e c o m es impaired to the extent that he or she is unable to carry out his or her duties as a m e m b er of the National Coastal C o m m i t t e e; ceases to hold any office necessary for his or her a p p o i n t m e nt to the National Coastal C o m m i t t e e; or tenders his or her resignation and a Minister accepts it. (2) T he Minister m ay terminate m e m b e r s h ip of a m e m b er of the National Coastal C o m m i t t ee w h e r e— (a) (h) (c) (d) that m e m b er fails to perform the duties of a m e m b er as required in terms of this Act; (hat m e m b er obstructs or i m p e d es the National Coastal C o m m i t t ee p e r f o r m a n ce of its functions in t e r ms of this Act; that m e m b er brings the National Coastal C o m m i t t ee into d i s r e p u t e; or such termination is in the interest of the public. in the Part 2 Provincial lead agencies D e s i g n a t i on a nd f u n c t i o ns of provincial l e ad a g e n cy 38. (1) T he Premier of each coastal p r o v i n ce must, within the c o m m e n c e m e nt of this Act, designate a provincial organ of state to function as the lead agency for coastal m a n a g e m e nt in the province and must ensure that there is at all t i m es a lead agency for coastal m a n a g e m e nt in the province which is responsible to the M E C. t wo m o n t hs of (2) E a ch provincial lead agency must, within the p r o v i n c e— (a) co-ordinate p r o g r a m me referred to in Part 2 of C h a p t er 6; implementation of the the provincial coastal m a n a g e m e nt 30 35 40 45 50 54 No. 31884 GOVERNMENT GAZETTE, 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 (b) monitor coastal m a n a g e m e nt in the province to ensure that it is undertaken in the in a c c o r d a n ce with an integrated, effective and efficient m a n n er and objects of this Act; (c) m o n i t or the state of the e n v i r o n m e nt in the coastal z o ne and relevant trends (d) (e) (f) (g) (/() (i) to support the Provincial Coastal logistical and administrative affecting that environment, and identify provincial priority issues; co-ordinate the preparation of a provincial state of the coast report required by section 93(2); provide C o m m i t t ee established in a c c o r d a n ce with section 3 9; review reports that relate lo d e t e r m i n a t i o ns and adjustments under C h a p t er 3 or that concern policies that may impact on the coastal z o n e: p r o m o t e, in collaboration with other appropriate bodies and organisations, training, education and public a w a r e n e ss p r o g r a m m es the protection, conservation and e n h a n c e m e nt of the coastal e n v i r o n m e nt and the sustainable use of coastal resources; lake all reasonably practical measures to m o n i t or c o m p l i a n ce with, and to enforce, this Act, either alone or in co-operation with other enforcement a g e n c i e s; and perform any other functions assigned to it by the Minister or the M EC under this Act. relating to (3) T he Premier m ay assign s o me of the functions referred to in subsection (1) to any organ of state other than the lead agency in the p r o v i n c e. Part 3 Provincial Coastal Committees E s t a b l i s h m e nt a nd functions of Provincial Coastal C o m m i t t e es 39. ( 1) E a ch M EC must within 12 m o n t hs of the c o m m e n c e m e nt of this Act establish a Provincial Coastal C o m m i t t ee for the province. (2) A Provincial Coastal C o m m i t t ee m u s t— (a) (b) (c) (d) (e) (f) the provincial lead agency and the National Coastal p r o m o te integrated coastal m a n a g e m e nt in the p r o v i n ce and the co-ordinated and effective implementation of this Act and the provincial coastal m a n a g e- ment p r o g r a m m e; advise the M E C, C o m m i t t ee on matters concerning coastal m a n a g e m e nt in the p r o v i n c e; the M EC on d e v e l o p i n g, finalising, r e v i e w i ng and a m e n d i ng advise provincial coastal m a n a g e m e nt p r o g r a m m e; p r o m o te a co-ordinated, to coastal m a n a g e m e nt within the province by p r o v i d i ng a forum for, and p r o m o t i n g, dialogue, co-operation and co-ordination b e t w e en the key organs of state and other persons involved in coastal m a n a g e m e nt in the p r o v i n c e: p r o m o te the integration of coastal m a n a g e m e nt c o n c e r ns and objectives into the plans, p r o g r a m m es and policies of other o r g a ns of slate w h o se activities may have caused or m ay cause adverse effects on the coastal e n v i r o n m e n t; and perform any function delegated to it. integrated a p p r o a ch inclusive and the C o m p o s i t i on of Provincial Coastal C o m m i t t e es 40. ( I) Subject to subsection (5). the M EC must d e t e r m i ne the c o m p o s i t i on of the Provincial Coastal C o m m i t t e e, and in doing so must take account of the desirability of ensuring the representation on the Provincial Coastal C o m m i t t ee of organs of state and c o m m u n i ty g r o u ps or bodies which have a material and direct the conservation and m a n a g e m e nt of the coast or the use of coastal resources including interest in 5 10 15 20 25 30 35 40 45 50 5(> No. 31884 GOVERNMENT GAZETTE, 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT. 2008 representatives of g o v e r n m e nt w ho play a significant role in u n d e r t a k i ng or regulating activities that may have an adverse impact on the coastal e n v i r o n m e n t. (2) T he M EC m u s t— (a) appoint persons to the Provincial Coastal C o m m i t t ee w ho by virtue of the office that they hold or their expertise are able to assist the Provincial Coastal C o m m i t t ee in fulfilling ils functions; and 5 (b) w h en appointing persons in terms of paragraph (a), ensure that the Provincial Coastal C o m m i t t ee i n c l u d e s— (i) persons with expertise in fields relevant to coastal m a n a g e m e n t; (ii) one or more m e m b e rs representing municipalities in the coastal z o n e; (iii) one or more m e m b e rs representing c o m m u n i ty based and n o n - g o v e r n­ 10 ment organisations; and (iv) one or m o re m e m b e rs institutes. representing scientific or coastal research (3) T he M EC may, on the basis of the criteria referred to in subsections (1) and (2). 15 a p p o i n t— (b) (a) an alternate m e m b er for any m e m b er of the Provincial Coastal C o m m i t t e e: and a replacement for any m e m b er w ho vacates his or her office. (4) T he M EC must, with the consent of the M EC responsible for in the province, d e t e r m i ne the rate of remuneration and the a l l o w a n c es payable to any m e m b er of the Provincial Coastal C o m m i t t ee w ho is not an e m p l o y ee of an organ of state. finance 20 (5) T he Director-General m ay appoint a m e m b er of the D e p a r t m e nt to participate as a non-voting m e m b er of a Provincial Coastal C o m m i t t ee and m ay appoint an alternate or replacement for any such member. 25 Vacation of office a nd t e r m i n a t i on of m e m b e r s h ip 41. (1) A m e m b er of a Provincial Coastal C o m m i t t ee vacates office if he or s h e— (a) (b) (c) b e c o m es impaired to the extent that he or she is unable to carry out his or her duties as a m e m b er of the Provincial Coastal C o m m i t t e e: ceases to hold any office necessary for his or her a p p o i n t m e nt to the Provincial Coastal C o m m i t t e e; or tenders his or her resignation and the M EC accepts it. (2) T he M EC may terminate m e m b e r s h ip of the m e m b er of ihe Provincial Coastal C o m m i t t ee w h e r e— (a) (b) (c) (d) he or she fails to perform the duties of a m e m b er as required in terms of this Act; he or she obstructs or impedes p e r f o r m a n ce of its functions in terms of this Act; he or she brings the Provincial Coastal C o m m i t t ee into d i s r e p u t e: or such termination is in the interest of the public. the Provincial Coastal C o m m i t t ee in the 30 35 40 Part 4 Municipal Coastal Committees E s t a b l i s h m e nt a nd functions of m u n i c i p al coastal c o m m i t t e es 42. (1) Each metropolitan municipality and each district municipality that has jurisdiction over any part of the coastal zone may establish a coastal c o m m i t t ee for the municipality and. subject to subsection (4), determine its p o w e r s. 45 (2) A ny local municipality that has jurisdiction over any pari of the coastal z o ne may establish a coastal c o m m i t t ee (4). d e t e r m i ne its p o w e r s, which may include the p o w er to establish local s u b c o m m i t t e es of the municipal coastal c o m m i t t e e. the municipality and. subject to subsection for 50 (3) A municipal coastal c o m m i t t ee contemplated in subsections ( I) and (2) may i n c l u d e— No. 31884 GOVERNMENT GAZETTE. II FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT. 2008 (c) (a) (b) persons with expertise in fields relevant to coastal m a n a g e m e n t: and representatives of the m a n a g e m e nt authorities of coastal protected areas or special m a n a g e m e nt areas within the municipality; and representatives of c o m m u n i t i es or organisations with a particular interest in contributing to effective coastal m a n a g e m e n t, such as port authorities, o r g a ns of state, persons w h o se livelihoods or businesses rely on the use of coastal resources, environmental interest g r o u ps and research organisations. (4) A municipal coastal c o m m i t t ee c o n t e m p l a t ed in subsections (1) and (2) m a y— p r o m o te the c o­ ordinated and effective implementation of this Act and the municipal coastal m a n a g e m e nt p r o g r a m m e: advise the provincial coastal c o m m i t t ee on matters concerning coastal m a n a g e m e nt within the area of jurisdiction of the municipal coastal c o m m i t t e e; advise the municipality on d e v e l o p i n g, finalising, r e v i e w i ng and a m e n d i ng the municipal coastal m a n a g e m e nt p r o g r a m m e; integrated coastal m a n a g e m e nt the municipal council and in the municipality and the municipal manager, (b) (a) (c) inclusive and integrated a p p r o a ch ihe municipality by providing a lo coastal (el) p r o m o te a co-ordinated, m a n a g e m e nt within and p r o m o t i n g, dialogue, co-operation and co-ordination between the key o r g a ns of stale and other persons involved in coastal m a n a g e m e nt within its area of jurisdiction; p r o m o te the integration of coastal m a n a g e m e nt concerns and objectives into integrated d e v e l o p m e nt plan and spatial d e v e l o p m e nt the municipality's that f r a m e w o rk and into other municipal plans, p r o g r a m m es and policies affect the coastal e n v i r o n m e n t; and perform any coastal g o v e r n a n ce function delegated to it. forum for, (e) (f) 5 10 15 20 25 Part 5 Voluntary Coastal Officers Voluntary coastal officers 4 3. ( I) T he M EC of a coastal province may appoint any m e m b er of the public w ho has 30 appropriate expertise as a voluntary coastal officer. (2) A voluntary coastal officer must exercise the p o w e rs and perform the duties assigned to him or her by the M EC in a m a n n er that c o n s e r v es and protects coastal public property. (3) T he M EC m u s t— (a) (b) (c) prescribe the p o w e rs and duties of voluntary coastal officers; clearly define the responsibilities and duties of each voluntary coastal officer in his or her letter of a p p o i n t m e n t; and issue each voluntary coastal officer with an identity card that confirms his or her a p p o i n t m e n t. (4) A voluntary coastal officer w ho is exercising p o w e rs or performing functions in terms of this Act must produce his or her identity card at the request of a m e m b er of the public. C H A P T ER 6 C O A S T AL M A N A G E M E NT Part I National coastal management programme P r e p a r a t i on a nd a d o p t i on of national coastal m a n a g e m e nt p r o g r a m me 4 4. (1) T he M i n i s t e r— 35 40 45 60 No. 31884 GOVERNMENT GAZETTE, II FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 (a) must within four years after this Act takes effect, prepare and adopt a national coastal m a n a g e m e nt p r o g r a m me for m a n a g i ng the coastal z o n e; (b) must review the p r o g r a m me at least once every five years; and (c) may, w h en necessary, a m e nd the p r o g r a m m e. (2) Before adopting a p r o g r a m me c o n t e m p l a t ed must by notice in the Gazette within 30 days of such notice, written p r o g r a m m e. the Minister invite m e m b e rs of the public to submit to the Minister, the representations on or objections in subsection (\)(a), to (3) T he Minister must, within 60 days of the adoption of m a n a g e m e nt p r o g r a m me or of any substantial a m e n d m e nt to i t— the national coastal (a) (b) give notice to the p u b l i c— (i) of the adoption of the p r o g r a m m e; and (ii) that copies of, or extracts from, the p r o g r a m me are available for public inspection at specified places; and publicise a s u m m a ry of the p r o g r a m m e. C o n t e n ts of national coastal m a n a g e m e nt p r o g r a m me 4 5. (1) T he national coastal m a n a g e m e nt p r o g r a m me m u s t— (a) (b) be a policy directive on integrated coastal m a n a g e m e n t; and provide for an m a n a g e m e nt by organs of g o v e r n m e n t al organisations, the private sector and local c o m m u n i t i e s. integrated, co-ordinated and uniform a p p r o a ch in all to coastal spheres of g o v e r n m e n t, non- state (2) T he national coastal m a n a g e m e nt p r o g r a m me must include the following c o m p o n e n t s: (a) A national vision for coastal m a n a g e m e nt in the R e p u b l i c, including the (b) (c) (d) (e) (/) sustainable use of coastal resources; national coastal m a n a g e m e nt objectives; priorities and strategies to achieve those objectives; performance indicators to m e a s u re progress with the a c h i e v e m e nt of those objectives; n o r ms and standards for the m a n a g e m e nt of— (i) (ii) a framework for co-operative g o v e r n a n ce to i m p l e m e nt m e a s u r es concerning coastal m a n a g e m e nt t h a t— (i) the coastal zone generally; the specific c o m p o n e n ts of the coastal z o n e; and identifies the responsibilities of different organs of state, including their responsibilities in relation to marginalised or previously d i s a d v a n t a g ed c o m m u n i t i es that are d e p e n d e nt on coastal resources for their livelihood; and facilitates co-ordinated and integrated coastal m a n a g e m e n t. (ii) 5 10 15 20 25 30 35 Part 2 40 Provincial coastal management programmes P r e p a r a t i on a nd a d o p t i on of provincial coastal m a n a g e m e nt p r o g r a m m es 46. ( I) T he M EC of each coastal p r o v i n c e— (a) must within four years of the c o m m e n c e m e nt of this Act, prepare and adopt a provincial coastal m a n a g e m e nt p r o g r a m me for m a n a g i ng the coastal zone in the province; 45 (b) must review the p r o g r a m me at least once every five years; and (c) may. when necessary, a m e nd the p r o g r a m m e. (2) Before a d o p t i ng a p r o g r a m me c o n t e m p l a t ed in subsection (1 )(a). the M EC must invite m e m b e rs of the public to submit to the M E C. within 30 by notice in the Gazette d a ys of such notice, written representations on or objections to the p r o g r a m m e. 50 62 No. 31884 GOVERNMENT GAZETTE. 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 (3) T he M EC must, within 60 days of the adoption of the provincial coastal m a n a g e m e nt p r o g r a m me or of any substantial a m e n d m e nt to it— (a) give notice to the p u b l i c— (i) of the adoption of the p r o g r a m m e; and (ii) that copies of, or extracts from, the p r o g r a m me are available for public inspection at specified places; and publicise a s u m m a ry of the p r o g r a m m e. the province has a provincial integrated d e v e l o p m e nt plan, p r o g r a m me or strategy, its coastal m a n a g e m e nt p r o g r a m me may form part of that plan, p r o g r a m me or strategy. land d e v e l o p m e nt plan or an (b) (4) If C o n t e n ts of provincial coastal m a n a g e m e nt p r o g r a m m es 47. (1) A provincial coastal m a n a g e m e nt p r o g r a m me m u s t— (a) (b) be a provincial policy directive for the m a n a g e m e nt of the coastal zone in the p r o v i n c e; provide m a n a g e m e nt in the p r o v i n c e; and integrated, coordinated and uniform a p p r o a ch to coastal for an ([•) be consistent w i t h— (i) (ii) the national coastal m a n a g e m e nt p r o g r a m m e; and the national estuarine m a n a g e m e nt protocol. (2) A provincial coastal m a n a g e m e nt p r o g r a m me must i n c l u d e— (a) (b) (c) (d) a vision for the m a n a g e m e nt of the coastal zone in the p r o v i n c e, including the sustainable use of coastal resources; the coastal m a n a g e m e nt objectives for the coastal zone in the p r o v i n ce and for specific parts of the coastal z o n e; priorities and s t r a t e g i e s— (i) (ii) to achieve the coastal m a n a g e m e nt objectives of the p r o v i n c e; to assist objectives as applicable in the province; (iii) to d e v e l op estuarine m a n a g e m e nt plans for estuaries in the p r o v i n c e; and performance indicators to m e a s u re progress with the a c h i e v e m e nt of those objectives. the national coastal m a n a g e m e nt the a c h i e v e m e nt of in 5 10 15 20 25 30 (3) A provincial coastal m a n a g e m e nt p r o g r a m me may projected e x p e n d i t u re and i m p l e m e nt the provincial coastal m a n a g e m e nt p r o g r a m m e. investment by the provincial g o v e r n m e nt include a p r o g r a m me of lo in order Part 3 35 Municipal coastal management programmes P r e p a r a t i on a nd a d o p t i on of m u n i c i p al coastal m a n a g e m e nt p r o g r a m m es 48. ( I) A coastal m u n i c i p a l i t y— (a) must, within four years of the c o m m e n c e m e nt of this Act, prepare and adopt a m u n i c i p al coastal m a n a g e m e nt p r o g r a m me for m a n a g i ng the coastal zone or specific parts of the coastal zone in the municipality; 40 (b) must review any p r o g r a m me adopted by it at least o n ce every live y e a r s; and (c) may, w h en necessary, a m e nd the p r o g r a m m e. (2) Before a d o p t i ng a p r o g r a m me contemplated in subsection (\)(a), a municipality to submit written must by notice representations on or objections to the p r o g r a m me in a c c o r d a n ce with the p r o c e d u re c o n t e m p l a t ed in C h a p t er 4 of the Municipal S y s t e ms Act. invite m e m b e rs of the Gazette the public in (3) A municipality must, within 60 days of the adoption of the m u n i c i p al coastal m a n a g e m e nt p r o g r a m me or of any substantial a m e n d m e nt to it— (a) give notice to the p u b l i c— (i) of the adoption of the p r o g r a m m e; and 45 50 No. 31884 GOVERNMENT GAZF.TTE. 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT. 2008 (ii) thai copies of, or extracts from the p r o g r a m me are available for public inspection at specified places; and publicise a s u m m a ry of the p r o g r a m m e. (b) (4) A municipality may prepare and adopt a coastal m a n a g e m e nt p r o g r a m me as part in of an integrated d e v e l o p m e nt plan and spatial d e v e l o p m e nt framework adopted a c c o r d a n ce with the Municipal S y s t e ms Act and if it does so, c o m p l i a n ce with the public participation r e q u i r e m e n ts prescribed in terms of the M u n i c i p al S y s t e ms Act for the preparation and adoption of regarded as c o m p l i a n ce with public participation requirements in terms of this Act. integrated d e v e l o p m e nt plans will be C o n t e n ts of m u n i c i p al coastal m a n a g e m e nt p r o g r a m m es 49. ( 1) A municipal coastal m a n a g e m e nt p r o g r a m me m u s t— (a) (b) be a coherent municipal policy directive for the m a n a g e m e nt of the coastal zone within the jurisdiction of the municipality; and be consistent w i t h— (i) (ii) the national and provincial coastal m a n a g e m e nt p r o g r a m m e s; and the national estuarine m a n a g e m e nt protocol. (2) A municipal coastal m a n a g e m e nt p r o g r a m me must i n c l u d e— (a) (b) (c) (d) in the a c h i e v e m e nt of the national and provincial coastal a vision for the m a n a g e m e nt of the coastal zone within the jurisdiction of the municipality, including the sustainable use of coastal resources; the coastal m a n a g e m e nt objectives for the coastal zone within the jurisdiction of the municipality; priorities and s t r a t e g i e s— (i) (ii) to achieve the coastal m a n a g e m e nt objectives of the municipality; and to assist m a n a g e m e nt objectives as may be applicable in the municipality; to address the high percentage of vacant plots and the low o c c u p a n cy levels of residential d w e l l i n g s; to equitably designate zones as contemplated in section 5 6 ( l ) ( a ) ( i) for the p u r p o s es of mixed cost housing and taking into account the needs of previously disadvantaged individuals; to address coastal erosion and accretion; and to deal with access issues. (v) (vi) performance indicators to m e a s u re progress with the a c h i e v e m e nt of those objectives. (iii) (iv) (3) A municipal coastal m a n a g e m e nt p r o g r a m me may i n c l u d e— infrastructure or a p r o g r a m me of projected expenditure and investment by the municipality in coastal m a n a g e m e nt implement any coastal m a n a g e m e nt p r o g r a m m e; a description of specific areas within the coastal zone that require special coastal m a n a g e m e n t, and m a n a g e m e nt strategies for those areas; estuarine m a n a g e m e nt plans; and any other matter that may be prescribed. in order to (a) (h) (c) (d) By-laws 5 10 15 20 25 30 35 40

82. T he Minister, an M EC or a municipality c o n c e r n ed m a y— (a) institute legal p r o c e e d i n gs or take other appropriate m e a s u r e s— lo prevent d a m a g e, or recover d a m a g es for harm suffered (i) public property or the coastal e n v i r o n m e n t; or lo abate nuisances affecting enjoyment of coastal public property; and the rights of the public (ii) in to coastal 10 its use and (b) accept service of legal processes and defend any legal p r o c e e d i n gs instituted in connection with coastal public properly. 15 C H A P T ER 11 G E N E R AL P O W E RS A ND D U T I ES Part I Regulations R e g u l a t i o ns by M i n i s t er 8 3. (1) T he Minister may m a ke regulations relating to any matter which this Act the requires lo facilitate implementation of this Act. including, but not limited to, regulations relating t o— in regulations or that may be necessary to be dealt with (a) (/;) (c) (d) (e) (/) in in order to address poverty implementation and enforcement of the national coastal m a n a g e m e nt the p r o g r a m m e; the sustainable use of coastal resources c o m m u n i t i es dependent on coastal resources for their livelihood; the sustainable use of coastal resources; coastal public property, including regulations c o n c e r n i n g— (i) public access to coastal public property; (ii) the rehabilitation of coastal public property; (iii) fees, costs and rents for the use of coastal public properly; and research conducted within, or in respect of, coastal public property: (iv) the type and format of data to be submitted to the D e p a r t m e nt or other o r g a ns of state for the purposes of monitoring the coastal e n v i r o n m e nt and the implementation of this Act or maintaining a coastal information system; the establishment of national n o r m s, standards and f r a m e w o r ks to i m p l e m e nt this Act, including systems, guidelines, protocols, p r o c e d u r e s, standards and m e t h o d s, c o n c e r n i n g— (i) the content and regular revision of the coastal m a n a g e m e nt p r o g r a m m es of provinces and municipalities; the p r o g r a m m e s: implementation coastal m a n a g e m e nt enforcement and (ii) of 20 25 30 35 40 104 No. .11884 GOVERNMENT GAZETTE, 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 (iii) (iv) (v) (vi) (vii) (viii) (ix) of of the coastal m a n a g e m e nt implementation the monitoring p r o g r a m m es and the performance of any functions c o n t e m p l a t ed in this Act, including indicators to evaluate effectiveness and progress; the a m e n d m e nt of coastal planning s c h e m e s; the quality of coastal public property and coastal e c o s y s t e m s; the factors that must be taken into account w h en deciding applications; the c i r c u m s t a n c es in which e x e m p t i on may be given from c o m p l i a n ce with a coastal m a n a g e m e nt p r o g r a m m e; the uses of the coastal zone that do not conform with the relevant coastal planning s c h e m e; ihe o u t c o m es that must be achieved by m a n a g i ng and treating all or any category of effluent, discharges from s t o r m - w a t er drains, or waste or other material, before it is discharged or deposited on or in coastal public property or in a place within the coastal zone from w h e re it is likely lo enter coastal public property, the kind, quantity and characteristics of effluent, waste or other material that may be discharged or deposited; those relating including to 5 10 15 (x) w ho should monitor and analyse effluent, waste or other material referred (xi) to in s u b p a r a g r a ph (ix) and the m e t h o ds that should be used to do so; the appointment, training, p o w e rs and supervision of voluntary coastal officers; 20 (xii) public safety and behaviour on coastal public property; or (xiii) any activity which has an adverse effect on ihe coastal e n v i r o n m e n t. (g) (Ii) (i) (j) lodging and consideration of the the p r o c e d u r es applications for authorisations, including — (i) followed with to be the conditions with which applicants must c o m p ly before or after the lodging of their applications; the application fees to be paid; the authorities that will be competent to issue the different c a t e g o r i es of authorisation: the consultation p r o c e d u r es to be followed with organs of stale and other interested and affected parties; the authorities whose consent is required before permits m ay be issued; the procedures for objecting lo such applications; the p o w e rs of issuing authorities w h en considering and deciding such applications: the factors that must be taken into account when deciding applications; the c i r c u m s t a n c es in which applications must be refused or m ay be approved and guidelines as to the conditions on which permits may or must be issued; the bid process to be followed for the award of coastal leases and coastal c o n c e s s i o n s: (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) the contents of authorisations; the giving of security in respect of any obligation that may arise from carrying out activities authorised by permits, coastal leases or coastal c o n c e s s i o n s, and the form of such security; the procedure to be followed in connection with the lodging and c o n s i d e r a t i on of appeals in t e r ms of C h a p t er 9, i n c l u d i n g— (i) (ii) the fees to be paid; the conditions with which appellants must c o m p ly before or after the lodging of their a p p e a l s; the p o w e rs of, and the procedure considering and d e c i d i ng such appeals; to be followed by. an M EC w h en (iii) 25 30 35 40 45 50 106 No. 31884 GOVERNMENT GAZETTE, II FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 (iv) in which a temporary stay may be granted in the ihe c i r c u m s t a n c es carrying out of notices in terms of section 59 or 60, or an a m e n d m e n t, revocation, suspension or cancellation of permits, leases or c o n c e s s i o ns in terms of section 6 8; and procedures c o m p l i a n ce with conditions enforcing of (k) m e t h o d s, (I) (m) (/;) (o) (p) a provision of this Act; a coastal m a n a g e m e nt p r o g r a m m e; or a condition of a permit, coastal lease or coastal concession; authorisations; the issuing and contents of notices to persons w ho have c o n t r a v e n ed or failed to c o m p ly w i t h— (i) (ii) (iii) training, education and public a w a r e n e ss p r o g r a m m es on the protection, conservation and e n h a n c e m e nt of the coastal e n v i r o n m e nt and the sustainable use of coastal resources; the presence and use of vehicles and aircraft within the coastal zone; the presence and recreational use of vessels on coastal w a t e r s: the seizing, removal and disposal of vehicles, vessels, aircraft or property suspected of being used in the c o m m i s s i on of an offence under this Act and of coastal resources suspected of having been illegally obtained; 5 10 15 iq) m e t h o d s, procedures and conditions for obtaining access to relevant in form a- 20 tion, including entry to private property; and the issuing and c o n t e n ts of permits or licences. (r) (2) T he Minister must obtain the consent of the Minister of Finance before m a k i ng any regulation t h a t— (a) will entail the expenditure of funds in future years; or (b) prescribes application fees for, or other m o n i es in relation to, d u m p i ng permits or coastal waters discharge permits. 25 (3) T he Minister must consult with — (a) (b) (c) the Minister of F i n a n ce before m a k i ng any regulations i m p o s i ng fees, costs or rents; the Minister responsible for water affairs before m a k i ng any c o n c e r n i ng estuaries: or the M EC and municipalities before m a k i ng any regulations c o n c e r n i ng the coastal zone within that province. regulations R e g u l a t i o ns by M E Cs 84. (1) The M EC of a province may, after consultation with the Minister, m a ke regulations that are consistent with any national n o r ms or standards that may have been prescribed, relating t o— (a) (b) (c) id) (c) (f) (g) the implementation and enforcement of the coastal m a n a g e m e nt p r o g r a m me of the province; the m a n a g e m e nt of the coastal protection zone within the p r o v i n c e; the use of coastal public property for recreational p u r p o s e s; the i m p o u n d i n g, removal and disposal of vehicles, vessels, aircraft or property found a b a n d o n ed on coastal public property; the granting of permission for the erection, placing, alteration or extension of a structure that is wholly or partially seaward of a coastal set-back line and the process to be followed for acquiring such permission, including the authority by w h o m, the c i r c u m s t a n c es in which and the c o n d i t i o ns on which such permission may be given; Ihe implementation within the province of any national n o r m, framework or standard referred to in section 83(1)(/); the m a n a g e m e nt of special m a n a g e m e nt areas; or 30 35 40 45 50 108 No. 31884 GOVERNMENT GAZETTE, 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT. 2008 (Ii) any other matter referred to in section 83( 1), other than in p a r a g r a ph (f) of that section, that may he necessary lo facilitate the i m p l e m e n t a t i on of this Act in the p r o v i n c e. (2) Any regulation w h i ch will entail the expenditure of funds in future years m ay be m a de only with the c o n c u r r e n ce of the M EC responsible for finance in the province. 5 G e n e r al provisions a p p l i c a b le to regulations 85. ( I) T he Minister or M EC must publish draft regulations for public c o m m e nt and must take any s u b m i s s i o ns received into account before m a k i ng any regulations in terms of sections 83 or 84. (2) Subsection ( I) need not be applied in the case of a m i n or or a m e re technical 10 a m e n d m e nt to regulations. (3) R e g u l a t i o ns m a de in terms of section 83 or 84 m a y— (a) (b) (c) (d) restrict, prohibit or control any acl that may have an adverse effect on the coastal e n v i r o n m e n t, either absolutely or conditionally; apply g e n e r a l l y— (i) throughout the Republic or province, as the case m ay be, or only in a specified area or category of areas; to all persons or only to a specified category of p e r s o n s; lo all prohibited activities or only to a specified activity or category of activities; or to all types of waste or other materials or only to specified waste or other material or a category of waste or other material; (ii) (iii) (iv) differentiate between different— (i) areas or categories of areas; (ii) persons or categories of persons; (iii) (i v) activities or categories of activities; or types of wastes or other materials or categories of types of wasle or other materials; provide that any person w ho contravenes or fails to c o m p ly with a provision thereof is guilty of an offence and liable on conviction l o— (i) (ii) (iii) both such fine and imprisonment. i m p r i s o n m e nt for a period not e x c e e d i ng t wo years; an appropriate fine; or 15 20 25 30 A m e n d m e nt of S c h e d u le 2 8 6. T he Minister may by notice in the Gazette a m e nd Schedule 2 so as to ensure that 35 it c o n t i n u es to give effect lo the R e p u b l i c 's obligations under international law. Part 2 Powers to be exercised by Minister and MEC P o w e rs to be e x e r c i s ed by Minister 8 7. (1) The Minister must exercise the p o w e rs granted to the M EC in t e r ms of section 22 to excise all or part of a protected area from the coastal protection zone, if all or any part of that a r e a— 40 [a) e x t e n ds into the sea for more than 5 00 m e t r es from the high water mark: 110 No. 31884 GOVERNMENT GAZETTE, 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 (b) (c) (d) is a national protected area as defined in the Protected A r e as A c t; straddles a coastal b o u n d a ry between t wo provinces; or extends up to, or straddles, the borders of the R e p u b l ic of South Africa. (2) If subsection (1) applies, the reference to the M EC in section 22 must be read as a reference to the Minister. Directives by M EC to m u n i c i p a l i t i es 88.( 1) An M EC m ay in writing direct a municipality to take specified m e a s u r es if the M EC is satisfied that the municipality is not taking adequate m e a s u r es t o— (a) (b) (c) prevent or r e m e dy adverse effects on the coastal e n v i r o n m e n t: adopt or i m p l e m e nt a municipal coastal m a n a g e m e nt p r o g r a m m e; or give effect to the provincial coastal m a n a g e m e nt p r o g r a m m e. (2) T he M EC m ay not issue a directive under subsection (1) without first c o n s u l t i ng with the municipality and g i v i ng it a reasonable opportunity to m a ke representations. (3) If the municipality d o es not c o m p ly with a directive under subsection (1) the M EC may use any p o w e rs granted to the M EC under this Act to take m e a s u r es to prevent or r e m e dy a d v e r se effects on the coastal e n v i r o n m e n t, to i m p l e m e nt or monitor c o m p l i a n ce the provincial coastal with provincial n o r ms and standards, or m a n a g e m e nt p r o g r a m m e. to give effect to 5 10 15 Part 3 Delegations and enforcement 20 D e l e g a t i on by M i n i s t er 8 9. ( I) The Minister m ay delegate any p o w er or duty assigned to the Minister in terms of this Act t o— (a) (b) (c) the Director-General or to other officials in the D e p a r t m e n t: an M E C, by a g r e e m e nt with that M E C; or any other organ of stale, statutory traditional council or m a n a g e m e nt authority of a special m a n a g e m e nt area, by a g r e e m e nt with that organ of state, statutory traditional council or m a n a g e m e nt authority. functionary, functionary, (2) A delegation in terms of subsection ( 1 )— to any (a) limitations, conditions and directions the Minister may is subject i m p o s e: is subject to consultation with the relevant M EC if the organ of slate to w h om the p o w er or duty is delegated is a municipality; (b) (c) must be in writing; (d) may include the p o w er to subdelegate: and (e) does not divest the Minister of the responsibility c o n c e r n i ng the exercise of the p o w er or the p e r f o r m a n ce of the duty. 25 30 35 (3) T he Minister must give notice in the Gazette of any delegation of a p o w er or duty to an M E C, an organ of state, a statutory functionary, a traditional council or a 40 m a n a g e m e nt authority of a special m a n a g e m e nt area. (4) T he Minister may confirm, vary or r e v o ke any decision m a de in c o n s e q u e n ce of a delegation or subdelegation in terms of a provision of this Act or of a statute repealed by this Act. taken 112 No. 31884 GOVERNMENT GAZETTE, 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 (5) T he M i n i s t e r— (a) m ay not delegate a p o w er or duty vested in the M i n i s t e r— (i) (ii) (iii) to m a ke regulations; to publish notiees in the Gazette; or to appoint the m e m b e rs of the National Coastal C o m m i t t e e; and (b) may withdraw by notice in writing any delegation m a de in terms of a provision of this Act or of a statute repealed by this Act. E n f o r c e m e nt by M i n i s t er 90. (1) T he Minister m ay in writing request an M EC to take specified m e a s u r es if the Minister is satisfied that the M EC is not taking a d e q u a te m e a s u r es t o— prevent or r e m e dy adverse effects on coastal public properly; i m p l e m e nt or monitor c o m p l i a n ce with national n o r ms and standards; give effect to the national coastal m a n a g e m e nt p r o g r a m m e; or (a) (b) (c) (cl) establish set-back lines to i m p l e m e nt or monitor c o m p l i a n ce with provincial norms and standards. (2) If the M EC d o es not comply with a request u n d er subsection (1) the Minister may exercise any p o w e rs given to the M EC by this Act in order to take any m e a s u r es referred to in the request, including the p o w e r— (a) fb) (c) to issue coastal protection or coastal access notices and repair and r e m o v al notices delegated to the M EC in terms of sections 59 and 6 0, respectively; lo lake m e a s u r es and to recover costs in terms of section 6 1; and to allow temporary occupation of land within the coastal zone and to take other measures in terms of section 67. (3) T he Minister may not lake any m e a s u r es under subsection (2) without consulting with representations. the M EC and giving the M EC a reasonable opportunity D e l e g a t i on by M E Cs first to m a ke 5 10 15 20 25 91. ( I) An M EC may delegate any p o w er or duly assigned or delegated lo him or her in terms of this Act t o— (a) (b) the head of the provincial lead a g e n c y; or any other organ of slate, a statutory functionary, a traditional council or a m a n a g e m e nt authority of a special m a n a g e m e nt area, by a g r e e m e n t. 30 (2) A delegation in terms of subsection (1) — (a) is subject i m p o s e; to any limitations, conditions and directions that the M EC may 35 (b) must be in writing; (<) may include the p o w er to s u b d e l e g a t e; and (d) does not divest the M EC of the responsibility c o n c e r n i ng the exercise of the p o w er or the p e r f o r m a n ce of the duty. (3) T he M EC may confirm, vary or r e v o ke any d e c i s i on taken as a c o n s e q u e n ce of a 40 delegation or subdelegation in terms of this section. (4) T he M E C— (a) may not delegate a p o w er or duty vested in the M E C— (i) (ii) (iii) to m a ke regulations; or lo publish notices in the Gazette; or to appoint the m e m b e rs of the Provincial Coastal C o m m i t t ee c o n t e m­ plated in section 39; and 45 (b) may w i t h d r aw any delegation by notice in writing. 114 No. 31884 GOVERNMENT GAZETTE. 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 Part 4 General matters U r g e nt a c t i on by M i n i s t er 92. (1) T he Minister may issue a verbal directive to any r e s p o n s i b le person to stay an activity if such activity p o s e s— 5 (a) (b) an i m m e d i a te risk of serious d a n g er to the public or property; or an i m m e d i a te risk of serious d a m a g e, or potentially significant detriment, to the e n v i r o n m e n t. (2) Subject to subsection (3), a verbal directive c o n t e m p l a t ed in subsection (1) must be confirmed in writing at the earliest opportunity, which must be within seven d a y s. 10 (3) W h en issuing a verbal directive c o n t e m p l a t ed in subsection (1), the provisions of section 59(1). (3) and (4) or 60(1), (3) and (4) apply with the necessary c h a n g e s. I n f o r m a t i on a nd reporting on coastal m a t t e rs 93. (1) The Minister must progressively, and within the available resources of the D e p a r t m e n t, m a ke the public c o n c e r n i ng the protection and m a n a g e m e nt of the coastal zone to enable the public to m a ke an informed decision of the extent to which the State is fulfilling its duty in lerms of section 3. available and accessible information sufficient to (2) T he M EC m u s t- fa) (b) (c) prepare a report on the state of the coastal e n v i r o n m e nt in the p r o v i n ce every four years, which must contain any information prescribed by the Minister; update the coastal e n v i r o n m e nt under the jurisdiction of the M EC b e c o m es a v a i l a b l e; and submit the report and every update to the Minister. the report once applicable information pertaining to 15 20 (3) T he Minister must prepare and regularly update a national report on the state of the coastal e n v i r o n m e nt based on provincial reports s u b m i t t ed to the Minister in terms of subsection (2). 25 C o - o r d i n a t i on of actions b e t w e en p r o v i n c es and m u n i c i p a l i t i es 9 4. T he M EC m u s t— (a) liaise with coastal municipalities in the p r o v i n ce to c o - o r d i n a te actions taken in lerms of this Ael by provincial organs of state in the p r o v i n ce with actions taken by municipalities; and 30 (b) m o n i t or c o m p l i a n ce by such municipalities with this Act. C H A P T ER 12 M I S C E L L A N E O US M A T T E RS 35 Part 1 Transitional provisions Existing leases o n, or rights to, coastal public p r o p e r ty 9 5. (1) Subject to subsection (3). this Act does not affect the c o n t i n u a t i on of— (a) a lawful existed w h en this Act took effect; or lease on coastal public property, including a port or harbour, that 40 116 No. .11884 GOVERNMENT GAZETTE. 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT, 2008 (b) a vested right to use or exploit any specific coastal r e s o u r ce on or in coastal public property, including a right to prospect for or mine minerals, or to explore for or exploit petroleum resources that existed w h en this Act took effect. (2) T he holder of a lease or right referred to in subsection (1) must within 24 m o n t hs 5 of the c o m m e n c e m e nt of this A c t— (a) (b) notify the Minister, in writing, of the existence of that lease or right; and provide the Minister with a copy of any d o c u m e n ts e v i d e n c i ng that lease or right. (3) A person may undertake any activity authorised by a lease or right referred to in in terms of subsection ( I) without obtaining a coastal lease or a coastal concession C h a p t er 7 for a m a x i m um period of — 10 (a) (b) 48 m o n t hs after the c o m m e n c e m e nt of this Act, if the holder of that lease or right complies with subsection (2); or 24 m o n t hs after the c o m m e n c e m e nt of this Act, if the holder of that lease or right does not c o m p ly with subsection (2). (4) After the end of the period referred to in subsection (3), no person may continue with or carry out an activity that was permitted under that lease or right except in terms of a coastal lease or a coastal concession awarded to that person in terms of C h a p t er 7. (5) An application by a person contemplated in subsection (4) for a coastal lease or 15 20 coastal c o n c e s s i o n— (a) m u s t— (i) be considered taking into account the existing lease or right and any losses or hardships the applicant and other persons m ay suffer; and (ii) be decided within six m o n t hs from the date the application w as lodged; 25 (b) may be refused if— (i) (ii) the activity applied for would have or is likely to have serious a d v e r se effects on the coastal e n v i r o n m e n t; or the Minister has reason to believe that granting the application w o u ld be inconsistent with the objects of the Act or would prejudice the attainment of a coastal m a n a g e m e nt objective. U n l a w f ul s t r u c t u r es on coastal public property 96. (1) Subject to the Prevention of Illegal Eviction from and Unlawful O c c u p a t i on of Land Act. 1998 (Act No. 19 of 1998), and subsection (4). a person w h o, before this Act took effect, had unlawfully constructed a building or other structure on coastal public property or w h o, w h en this Act took effect, occupied a building or other structure unlawfully built on coastal public properly must, within 12 m o n t hs of the c o m m e n c e­ ment of this Act, e i t h e r— (a) (b) apply for a coastal lease in t e r ms of C h a p t er 7; or d e m o l i sh the building or structure and as far as reasonably possible, restore the site to its condition before the building or other structure w as built. (2) If a person referred to in subsection (1) applies for a coastal lease in a c c o r d a n ce with subsection (I) and the application is refused by the Minister, that person musi d e m o l i sh the building or structure and, within a reasonable period, as d e t e r m i n ed by the Minister when refusing the application, as far as reasonably possible restore the site to its condition before the building or other structure was built. 30 35 40 45 (3) If a person w ho in t e r ms of subsection (2) is obliged lo d e m o l i sh the building or structure and to restore the site to its original condition, fails to do so within the period specified by the Minister, the Minister or the M EC may, under section 6 0, issue a written repair or removal notice to that person. 50 118 No. 31884 GOVERNMENT GAZETTE. 11 FEBRUARY 2009 Act No. 24, 2008 NATIONAL ENVIRONMENTAL MANAGEMENT: INTEGRATED COASTAL MANAGEMENT ACT. 2008 (4) This section d o es not affect— (a) (b) (c) any legal proceedings that c o m m e n c ed prior to the c o m m e n c e m e nt of this Act to enforce any prohibition or restriction on construction or other activities in terms of any other law; any legal p r o c e e d i n gs to that enforce any notice served prior to the c o m m e n c e m e nt of this section required the addressee to vacate or d e m o l i sh any building or structure that was constructed unlawfully; or any rights a person may have in terms of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act, 1998 (Act N o. 19 of 1998). the c o m m e n c e m e nt of instituted after this Act Existing lawful activities in coastal z o ne 97. (1) For a period of 24 months after the c o m m e n c e m e nt of this Act, any person w h o, when this Act c o m m e n c e d, was lawfully e n g a g ed i n— (a) (b) in the coastal zone, an activity requiring an e n v i r o n m e n t al carrying out, authorisation; abstracting water from coastal waters, must be regarded to be the holder of an e n v i r o n m e n t al authorisation that authorises that activity. to referred (2) A ny person the c o m m e n c e m e nt of this Act applies for an e n v i r o n m e n t al authorisation that will authorise the continuation of the activity referred to be regarded as the holder of the authorisation until the c o m p e t e nt authority decides whether to grant or refuse the application. to in subsection (1). shall continue ( I) w ho within 24 m o n t hs of in subsection (3) This section does not affect— (a) (b) the p o w e rs of an issuing authority under section 68 to a m e n d, r e v o k e, suspend or cancel an authorisation; or any obligation which a person referred to in subsection (1) may have u n d er section 96(2). 5 10 15 20 25 Repeal of legislation 9 8. T he laws referred to in Schedule 1 are hereby repealed to the extent indicated in 30 the third column of that Schedule. S a v i n gs 9 9. (1) Subject to section 6 any regulation m a de in t e r ms of a provision repealed u n d er section 98 r e m a i ns valid to the extent that it is consistent with this Act and shall be regarded as having been m a de in terms of this Act. 35 (2) A n y t h i ng else done in terms of legislation repealed in terms of section 98 w h i ch can or must be done in t e r ms of this Act must be regarded as having been done in terms of this Act. Part 2 General L i m i t a t i on of liability