I, Marthinus van Schalkwyk, the Minister of Environmental Affairs and Tourism, hereby publish the National Environmental Management: Integrated Coastal Management Bill for public comment.
THURSDAY 15 MARCH 2007. Comments received after this date may not be considered.
To establish a system of integrated coastal and estuarine management in South Africa, including norms, standards and policies, in order to promote the conservation of the coastal environment, and the ecologically sustainable development of the coastal zone; to define rights and duties in relation to the seashore and other coastal areas; to determine the responsibilities of organs of state in relation to the seashore and other coastal areas; to prohibit incineration at sea; to control dumping at sea, pollution in the coastal zone and other adverse effects on the coastal environment; to give effect to South Africa's international obligations in relation to coastal matters; and to provide for related matters.
Unlawful structures on coastal public property 101 . Existing lawful activities in coastal buffer zone 102.
Savings 104. Limitation of liability 105.
"Marine Living Resources Act" means the Marine Living Resources Act, 1998 (Act 18 -.
"wetland" means land which is transitional between terrestrial and aquatic systems where the water table is usually at or near the surface, or the land is periodically covered with shallow water, and which land in normal circumstances supports or would support vegetation typically adapted to life in saturated soil.
to secure equitable access to the opportunities and benefits of coastal public property; and to give effect to the Republic's obligations in terms of international law regarding coastal management.
through its functionaries and institutions implementing this Act, must act as the trustee of the coastal zone; and must, in implementing this Act, take reasonable measures to achieve the progressive realisation of those rights in the interests of every person.
its territorial waters, exclusive economic zone and continental shelf as described in the Maritime Zones Act, 1994 (Act 15 of 1994);and the Prince Edward Islands referred to in the Prince Edward Islands Act, 1948 (Act 43 of 1948).
A provision of this Act which relates to dumping and incineration at sea applies to South African aircraft and vessels also when outside the Republic.
in the national and local spheres of government; and in the provincial sphere of government, subject to section 146 of the Constitution.
This Act must be read with the National Environmental Management Act.
This Act must be regarded as a "specific environmental management Act" as defined in section 1 of the National Environmental Management Act.
Management Act applies to the resolution of conflicts arising from the implementation of this Act.
If there is a conflict between a section of this Act and other national legislation, the section of this Act prevails, if the conflict concerns coastal zone management.
A provision contained in this Act, in the National Environmental Management Act, or in regulations made, or an authorisation issued under, either Act, shall prevail if there is a conflict between that provision and a provision contained in regulations or in an authorisation that has been saved in terms of section 103 (1) or (2).
any portion of the seashore below the high-water mark which was lawfully alienated before the Sea-Shore Act, 1935 (Act 21 of 1935), took effect or which was lawfully alienated in terms of that Act and which has not subsequently been re-incorporated into the seashore; and any portion of a coastal cliff that was lawfully alienated before this Act took effect and is not owned by the state.
any harbour, work or other installation on or in any coastal public property of a category mentioned in paragraphs (a) to (h) that is owned by an organ of state.
to secure the natural functioning of dynamic coastal processes; or to facilitate the achievement of any of the objectives of this Act.
is adjacent to existing coastal public property; or forms part of the littoral active zone.
consult with interested and affected parties; and obtain the concurrence of the Cabinet member, or of the member of the Executive Council of the province, responsible for managing that state owned 1 and.
The declaration of state owned land as coastal public property in terms of subsection may only be withdrawn by the Minister by notice in the Guzette with the prior approval of Parliament.
This section does not affect the application of section 26.
exchanging the land for other land; or if no agreement is reached with the owner, by expropriating the land in accordance with the Expropriation Act, 1975 (Act 63 of 1975).
to (d); or at any time withdraw a designation in terms of paragraph (a).
consult the persons responsible for managing the state owned land; and obtain the concurrence of the Cabinet member responsible for managing that state owned land.
consult the persons responsible for managing the state owned land; and obtain the concurrence of the member of the Executive Council responsible for managing that state owned land.
must be regarded ascoastal public property.
The ownership of coastal public property vests in the citizens of the Republic and coastal public property must be held in trust by the state on behalf of the citizens of the Republic.
Coastal public property is inalienable and cannot be sold, attached, or acquired by prescription and rights over it cannot be acquired by prescription.
ensure that coastal public property is used, managed, protected, conserved and enhanced in the interests of the whole community; and take whatever reasonable legislative and other measures it considers necessary to conserve and protect coastal public property for the benefit of present and future generations.
does not prejudice the performance by the state of its duty to protect the environment; and does not cause an adverse effect.
in the interests of national security; or in the national interest.
No fee may be charged for access to coastal public property without the approval of the Minister.
The Minister, before granting approval for the imposition of a fee, must undertake a public participation process in accordance with Part 5 of Chapter 6 to enable interested and affected parties to make representations.
that has been leased; or that is, or forms part of, a protected area.
loses ownership of any portion of that land that becomes situated below the high-water mark; and is not entitled to compensation.
If accretion occurs, whether as a result of natural processes or human activities, land which formed part of the seashore when this Act took effect and which subsequently becomes situated inland of the high-water mark as a result of a change in the position of the high-water mark, remains part of the seashore, and does not become part of any adjoining property that has a boundary extending to, or to a stated distance from, the high-water mark.
The owner or occupier of land adjacent to the seashore or other coastal public property capable of erosion may not require any organ of state or any other person to take measures to prevent the erosion of the seashore or such other coastal public property, or of land adjacent to coastal public property, unless the erosion is a reasonably foreseeable consequence of an action by that organ of state or other person.
No person may construct, maintain or extend any structure, or take other measures on coastal public property to prevent or promote erosion or accretion of the seashore except as provided for in this Act.
any part of the seashore which is not coastal public property, including all privately owned land below the high water mark; or any admiralty reserve which is not coastal public property.
or (h), may be excised from the coastal buffer zone in terms of section 26.
performing rescue operations; or temporarily depositing objects and materials washed up by the sea or tidal waters.
Each municipality whose area includes coastal public property must within four years of the commencement of this Act, make a by-law that designates strips of land adjacent to that coastal public property as coastal access land in order to secure public access to that coastal public property.
Coastal access land is subject to a public access servitude in favour of the local municipality within whose area of jurisdiction it is situated and in terms of which members of the public may use that land to gain access to coastal public property.
any other applicable national or provincial legislation.
No land within a harbour, defence or other strategic facility may be designated as coastal access land without the consent of the Cabinet member responsible for that facility.
any public right of way, municipal servitude or other land which the public were entitled to use to gain access to public coastal property when this Act commenced; and any place which, for at least five years immediately prior to the cornmencement of this Act, had been used by the public to gain access to public coastal property, including access to boat launching sites and proclaimed fishing harbours.
and organ of state or any other interested and affect party, withdraw the designation of any land as coastal access land.
A municipality may withdraw the designation of any land as coastal access land by following the same procedure as is required to designate land as coastal access land.
consult with interested and affected parties in accordance with Part 5 of Chapter 6; and give notice of the intended designation or withdrawal of the designation to the owner of the land.
describe or otherwise indicate all coastal access land in any municipal coastal management programme and in any municipal spatial development framework prepared in terms of the Municipal Systems Act; and perform any other actions that may be prescribed.
A municipality may make by-laws for the proper implementation of subsection (1).
in the interests of the whole community; and in accordance with the Republic's obligations under international law.
Subject to section 92, the MEC may by notice in the Gazette declare that with effect from a specified date the whole or any part of a protected area, that is not coastal public property, will not form part of the coastal buffer zone.
The MEC may only publish a notice referred to in subsection (1) if he or she reasonably believes that doing so will not prejudice the effective management of the coastal zone.
declare an area that is wholly or partially within the coastal zone to be a special management area; or withdraw or amend any declaration in terms of paragraph (a).
Before declaring an area to be a special management area, the MEC must give interested and affected parties an opportunity to make representations in accordance with Part 5 of Chapter 6.
The MEC must by notice in the Gazette, appoint a manager for each special management area.
a traditional authority; or any other person with appropriate expertise and capacity.
define the duties and powers of the manager; and prescribe rules to facilitate the achievement of the objectives for which the special management area was declared.
The MEC may not make regulations for the management of a special management area that conflict with any regulations applicable to the management of a protected area within the special management area.
to preserve the aesthetic values of the coastal zone; or 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.
Before making or amending the regulations referred to in subsection (I), consult with any local municipality within whose area of jurisdiction the coastal set-back line is, or will be, situated; and give interested and affected parties an opportunity to make representations in accordance with Part 5 of Chapter 6.
A local municipality within whose area of jurisdiction a coastal set-back line has been established must immediately delineate the coastal set-back line on a map or maps that form part of its zoning scheme in order to enable the public to determine the position of the set-back line in relation to existing cadastral boundaries.
A coastal set-back line may be situated wholly or partially outside the coastal zone.
coastal access land may be determined or adjusted by the municipality in accordance with sections 29 by notice in the Gazette.
The power of the Minister to determine or adjust the inland boundary of coastal public property includes the power to make any consequential change to an adjoining boundary of the coastal buffer zone or coastal access land.
has shifted due to natural or artificial processes; or the Minister, MEC or municipality concerned reasonably believes that the objectives of this Act will be achieved more effectively by doing so.
any applicable coastal management programme, and comply with any other requirements that may be prescribed.
If the Minister or MEC determines or adjusts any boundary under this section, he or she must immediately inform any municipality within whose area of jurisdiction the boundary is situated to enable the municipality to reflect that boundary on its zoning maps in accordance with section 31.
any other factor that may be prescribed.
The MEC may not determine or adjust the boundaries of the coastal buffer zone in a manner that changes the boundaries of coastal public property.
The MEC may include land that is not adjacent to coastal public property in the coastal buffer zone.
the importance of allowing for the movement of the position of the high water mark over time and of protecting the inland boundary of coastal public property by demarcating a continuous strip of land adjacent to it; and any other factor that may be prescribed.
the need to protect any coastal protected areas; and the importance of not restricting the rights of land owners unreasonably.
erect a beacon; or take any other steps that may be necessary.
If the Minister, the MEC or a municipality determines or adjusts a boundary in accordance with section 26, a local municipality within whose area of jurisdiction the boundary is situated must immediately delineate that boundary on a map or maps that form part of its zoning scheme in order to enable the public to determine the position of the boundary in relation to existing cadastral boundaries.
or section 26(3).
include a description of the land involved; or be accompanied by a diagram of the land involved which is signed by a land surveyor.
On receipt of the notification, the Registrar of Deeds must make the applicable endorsements on all deeds and other records that may be affected by the determination or adjustment of a boundary or a demarcation.
Estuaries within the Republic must be managed in a co-ordinated and efficient manner in and in accordance with a national estuarine management protocol.
The Minister, with the concurrence of the member of the Cabinet responsible for water affairs, must within four years of the commencement of this Act, prescribe the national estuarine management protocol.
identify who must prepare estuarine management plans and the process to be followed in doing so; and specify the process for reviewing estuarine management plans to ensure that they comply with the requirements of this Act.
the national estuarine management protocol; and the national coastal management programme and with the applicable provincial coastal management programme and municipal coastal management programme referred to in Parts 1,2 and 3 of Chapter 6.
An estuarine management plan may form an integral part of a provincial coastal management programme or a municipal coastal management programme.
The Minister may by notice in the Gazette establish a National Coastal Committee and determine its powers.
The Department must provide administrative support to the National Coastal Committee.
perform any function delegated to it.
The Minister shall appoint the members of the National Coastal Committee.
one or more members representing municipalities in the coastal zone; and representatives of national government departments who play a significant role in undertaking or regulating activities that may have an adverse effect on the coastal environment, including representatives of the Department of Minerals and Energy, the Department of Transport, the Department of Public Works, the Department of Land Affairs, the Department of Water Affairs and Forestry and the Department of Trade and industries.
an alternate member for any member of the National Coastal Committee; and a replacement for any member who vacates his or her office.
The Minister must, with the consent of the Minister of Finance, determine the rate of remuneration and the allowances payable to any member of the National Coastal Committee who is not an employee of an organ of state.
The Premier of each coastal province must within two months of the commencement of this Act designate a provincial organ of state to function as the lead agency for coastal management in the province and must ensure that there is at all times a lead agency for coastal management in the province which is responsible to the MEC.
take all reasonably practical measures to monitor compliance with, and enforce this Act, either alone or in co-operation with other enforcement agencies; and perform any other functions assigned to it by the Minister or the MEC under this Act.
The Premier may assign some of the functions referred to in subsection (1) to any organ of State other than the lead agency in the province.
Each MEC must within twelve months of the commencement of this Act establish a Provincial Coastal Committee for the province.
promote the integration of coastal management concerns and objectives into the plans, programmes and policies of other organs of state whose activities may have caused or may cause adverse effects on the coastal environment; and perform any function delegated to it.
Subject to subsection (5), the MEC must determine the composition of the Provincial Coastal Committee, and in doing so must take account of the desirability of ensuring the representation on the Provincial Coastal Committee of organs of state and community groups or bodies which have a material and direct interest in the conservation and management of the coast or the use of coastal resources.
persons with expertise in fields relevant to coastal management; and one or more members representing municipalities in the coastal zone.
an alternate member for any member of the Provincial Coastal Committee; and a replacement for any member who vacates his or her office.
The MEC must, with the consent of the MEC responsible for finance in the province, determine the rate of remuneration and the allowances payable to any member of the Provincial Coastal Committee who is not an employee of an organ of state.
The Director-General may appoint a member of the Department to participate as a non-voting member of a Provincial Coastal Committee and may appoint an alternate or replacement for any such member.
The MEC of a coastal province may appoint any member of the public who has appropriate expertise as a voluntary coastal officer.
A voluntary coastal officer must exercise the powers and perform the duties assigned to him or her by the MEC in a manner that conserves and protects coastal public property.
clearly define the responsibilities and duties of each voluntary coastal officer in their letter of appointment; and issue each voluntary coastal officer with an identify card that confirms their appointment.
A voluntary coastal officer who is exercising powers or performing functions in terms of this Act must produce his or her identity card at the request of a member of the public.
must review the programme at least once every five years; and may, when necessary, amend the programme.
of the adoption of the programme; and that copies of, or extracts from the programme are available for public inspection at specified places; and publicise a summary of the programme.
be a policy directive on integrated coastal management; and provide for an integrated, co-ordinated and uniform approach to coastal management by organs of state in all spheres of government, non-governmental organisations, the private sector and local communities.
identifies the responsibilities of different organs of state, including their responsibilities in relation to marginalised or previously disadvantaged communities that are dependent on coastal resources for their livelihoods; and facilitates co-ordinated and integrated coastal management.
The Minister must, within 12 months of the commencement of this Act by notice in the Gazette, identify the coastal management roles and responsibilities of the coastal provinces, coastal municipalities and other organs of state.
Before issuing the notice referred to in subsection (l), the Minister must consult with the authorities identified in the notice.
If the province has a provincial land development plan or an integrated development plan, programme or strategy, its coastal management programme may form part of that plan, programme or strategy.
the national coastal management programme; and the national estuarine management protocol.
to develop estuarine management plans for estuaries in the province; and performance indicators to measure progress with the achievement of those objectives.
A provincial coastal management programme may include a programme of projected expenditure and investment by the provincial government in order to implement the provincial coastal management programme.
must review any programme adopted by it at least once every five years; and may, when necessary, amend the programme.
A municipality may prepare and adopt a coastal management programme as part of an integrated development plan and spatial development framework adopted in accordance with the Municipal Systems Act and if it does so, compliance with the public participation requirements prescribed in terms of the Municipal Systems Act for the preparation and adoption of integrated development plans will be regarded as compliance with public participation requirements in terms of this Act.
the national and provincial coastal management programmes; and the National Estuarine Management Protocol.
to assist in the achievement of the national and provincial coastal management objectives as may be applicable in the municipality; and performance indicators to measure progress with the achievement of those objectives.
estuarine management plans; and any other matter that may be prescribed.
By-laws A Municipality may administer its coastal management programme and may make by-laws to provide for the implementation, administration and enforcement of the coastal management programme.
contain those provisions of the national coastal management programme and any applicable provincial coastal management programme that specifically applies to it; and give effect to the national coastal management programme and any applicable provincial coastal management programme.
a provincial strategic policy and plan concerned with promoting sustainable development; and the National Estuarine Management Protocol.
The Minister must ensure that there is consistency between the national coastal management plan and other statutory plans adopted by a national organ of state.
The MEC must ensure that there is consistency between the provincial coastal management plan and other statutory plans adopted by either a national or a provincial organ of state.
Each municipality in the coastal zone must ensure that its integrated development plan (including its spatial development framework) is consistent with other statutory plans adopted by either a national or a provincial organ of state.
If there is a conflict between the provisions of a coastal management programme and the provisions of another statutory plan, the person responsible under subsections (2), or (4) for ensuring consistency must discuss the conflict with the organ of state responsible for that statutory plan in order to resolve the conflict, failing which the conflict must be dealt with in accordance with Chapter 4 of the National Environmental Management Act.
Conflicts between a coastal management programme and other statutory plans must be resolved in a manner that best promotes the objects of this Act.
or (4) for ensuring consistency has agreed with the organs of state that is responsible for a statutory plan that is in conflict with the relevant coastal management programme on how best to resolve a conflict, they must make appropriate amendments to one or more of the conflicting plans in order to eliminate or resolve the conflict.
consult with interested and affected parties by means of a fair consultative process that enables them to participate effectively in the decision-making process; and take account of the representations and objections received during the consultative process before exercising the power.
any national, provincial or municipal organ of state whose area of responsibility may be significantly affected by the exercise of the power must be regarded as interested and affected parties.
require interested and affected parties to register as such in order to participate in a decision-making process provided that the registration requirement does not unfairly prejudice or exclude any group of interested and affected parties; and allow an interested or affected parties to make oral representations or objections in order to enable them to participate more effectively in the decision-making process.
contain sufficient information to enable interested and affected parties to make meaningful representation or objections, and if appropriate, state where to obtain further information; and explain how interested and affected parties may make representations and participate in the decision-making process.
A decision-maker that believes that it does not have sufficient information to make a decision that it is required by this Act to make, may at any time within the period allowed for making the decision, in writing request an organ of state, a person making an application under this Act, or any interested and affected party, to provide information or to comment within a specified period.
A decision-maker may regard any person who does not provide the information requested or comment within the period specified in terms of subsection (1) as not having any comment to make or information to furnish.
consider information or comments provided after any specified period, whether or not an extension was granted, if it is satisfied that there are exceptional circumstances that justify doing so.
The Minister may at any time review any provincial coastal management programme.
gives adequate protection to coastal public property; and provides an appropriate policy framework for establishing an effective and efficient system of coastal management based on the coastal management principles.
If the Minister believes that a provincial coastal management programme does not meet all the criteria referred to in subsection (2), the Minister must by notice to the MEC of the province concerned, require the MEC to amend or replace the provincial coastal management programme in order to meet the requirements stipulated in sub-section (2) within a reasonable period, which must be specified in the notice.
An MEC who receives a notice in terms of subsection (3) must amend or replace the coastal management programme by following the same procedure used to prepare and approve it under this Act except that the new or amended coastal management programme may not be finally approved without the consent of the Minister.
The Minister may request an MEC to review a municipal coastal management programme under section 54, and if the MEC is unable or unwilling to do so within a reasonable period the Minister may do so and section 54 will apply with necessary modifications to a review by the Minister.
The MEC may at any time review a municipal coastal management programme.
gives adequate protection to coastal public property; and was prepared in a manner that allowed for effective participation by interested and affected parties.
If, after considering the advice of the Provincial Coastal Committee, the MEC believes that a provincial coastal management programme does not meet all the criteria referred to in subsection (2), the MEC must by notice to the municipality concerned, require the municipality to amend or replace the municipal coastal management programme in order to meet the requirements of the MEC within a reasonable period, which must be specified in the notice.
A municipality that receives a notice in terms of subsection (3) must amend or replace the coastal management programme by following the same procedure used to prepare and approve it under this Act except that the new or amended coastal management programme may not be finally approved without the consent of the MEC.
take into account any other applicable coastal management programmes.
the municipality, in consultation with the MEC and after consultation with any authority that is responsible for managing an area to which the zoning scheme applies, if the zoning scheme is not one referred to in paragraphs (a) or (b) and applies to an area falling within its jurisdiction; and the management authority of a special management area, in consultation with the MEC and after consultation with the municipality, if the zoning scheme only applies within that management area.
an MEC takes precedence over any other coastal zoning scheme except one established by the Minister or the management authority for a coastal protected area; or a municipality takes precedence over any other coastal zoning scheme except one established by the Minister or the MEC, or established within a coastal protected area by the management authority for that protected area.
affects the navigation of vessels on the sea; or restricts vessels entering or leaving a harbour.
A coastal zoning scheme may not create any rights to use land or coastal waters.
Subject to section 55(5), a coastal zoning scheme of a municipality may form, and be enforced as part of, any land use scheme adopted by the municipality.
A municipality must not adopt a land use scheme that is inconsistent with a coastal zoning scheme made in terms of this Act and if there is a conflict between a municipal land use scheme established after the commencement of this Act and a coastal zoning scheme made in terms of this Act, the coastal zoning scheme shall prevail.
"environmental management plan" must be read as including a coastal management programme applicable in the area concerned.
the operator of a pipeline that ends in the coastal zone; or any person who produced a substance which caused, is causing or is likely to cause an adverse effect.
Before granting an authorisation or consent referred to in subsection (l), the organ of State concerned must undertake a public participation process in accordance with Part 5 of Chapter 6.
to stop or postpone the activity for a reasonable period to allow for the investigation to be carried out and for the Minister or MEC to evaluate the report.
consult with any other organ of state that authorised or is competent to authorise, the undertaking of the activity or proposed activity concerned; and give the person to whom the coastal protection notice is to be addressed an opportunity of making representations.
The power of the Minister to issue a coastal protection notice in terms of subsection is delegated to the MEC but may be exercised by the Minister in accordance with section 96.
to take measures to protect indigenous fauna.
is having or is likely to have an adverse effect on the coastal environment, by virtue of its existence, because of its condition, or because it has been abandoned; or has been erected, constructed or upgraded in contravention of any law including this Act.
The power of the Minister to issue a repair and removal notice in terms of subsection is delegated to the MEC but may be exercised by the Minister in accordance with section 96.
to repair the structure to the satisfaction of the Minister, MEC or municipality 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 removal or repair of the structure.
publish a notice that complies with the provisions of subsection (3) once in the Gazette and once a week for two consecutive weeks in a newspaper circulating in the area in which the structure in question is situated; and affix a copy of the notice to the structure in question during the period of advertisement.
from any person subsequently found to be responsible for the structure, the costs reasonably incurred in carrying out the required action.
An organ of state that is responsible for implementing national, provincial and municipal legislation that regulates the planning or development of land must apply that legislation in relation to land in the coastal buffer zone in a way that gives effect to the purposes for which the buffer zone is established as set out in section 17.
An organ of state may not authorise land within the coastal buffer zone to be used for any activity that may have an adverse effect on the coastal environment without first considering an environmental impact assessment report.
Subject to subsection (2) and section 101, the activities listed in Part A of Schedule 3 are prohibited within the coastal buffer zone.
the socio-economic benefits of the activity outweigh the potential adverse effects on the coastal environment; and the activity would be in the interests of the whole community.
consider an environmental impact assessment report on the proposed activity; and consult with interested and affected parties.
A special permit must be subject to appropriate conditions to minimise any adverse effects on the coastal environment.
Subject to subsection (2), no person may undertake an activity listed in Part B of Schedule 3 or a development that involves such an activity, within the coastal buffer zone except under and in accordance with a coastal use permit.
that is authorised in terms of a special permit issued under section 63 (2); or that has been exempted from the provisions of this section in regulations prescribed by the Minister.
Subject to subsection (2), no person may undertake on coastal public property or within the exclusive economic zone an activity listed in Part C of Schedule 3, or a development that involves such an activity, except under and in accordance with, a coastal use permit.
a regulation; or a provincial or municipal coastal management programme applicable in the area.
The Minister may, by notice in the Gazette, declare any activity that takes place partially or wholly within coastal public property or the exclusive economic zone and that involves the charging of any person for experiencing or using any aspect of the environment, to be a controlled commercial activity.
No person may carry out a controlled commercial activity except under and in accordance with a coastal use permit.
An application for a coastal use permit must be made to the issuing authority designated in regulations prescribed by the Minister.
to (e) inclusive.
the coastal management programmes and coastal management objectives applicable in the area; (d) the socio-economic impact if the activity is authorised and if it is not; and the likely impact of the proposed activity on the coastal environment.
the proposed activity or development will provide services necessary or convenient for the public when using coastal public property or a coastal protected area.
an authority whose consent is required for the issue of the coastal use permit, refuses to give that consent.
If an application for a coastal use permit cannot be approved by the issuing authority because of a provision of subsection 9, but the issuing authority believes that issuing the permit would be in the public interest, the issuing authority may refer the application for consideration by the Minister in terms of section 69.
The issuing authority must ensure that the terms and conditions of any permit are consistent with any applicable coastal management programmes and promote the attainment of coastal management objectives in the area concerned.
The competent authority for the purposes of issuing a special permit or a coastal use permit to undertake an activity listed in Schedule 3, or a development that involves such an activity, must as far as practicable in the circumstances, co-ordinate or consolidate its application and decision-making processes with those of other organs of state without whose approval or consent the activity or development may not be undertaken.
act jointly with the other organs of state referred to in (1) and issue a single integrated special permit or an integrated coastal use permit that grants approval for the proposed activity or development for the purposes of this Act and of any other legislation specified in the permit; or issue the special permit or coastal use permit as part of a consolidated authorisation consisting of authorisations issued under different legislation by the persons competent to do so, that have been consolidated into a single document in order to ensure that the terms and conditions imposed by each competent authority are comprehensive and mutually consistent.
making process for issuing that integrated permit must comply with both the requirements of this Act and of that other legislation.
must identify the authority or authorities that have issued it; and if it is to be regarded as an approval or an authorisation under other legislation, must state this and identify each such approval or authorisation; and must indicate to whom applications for any amendment or cancellation of the integrated permit must be made.
Unless an integrated permit provides otherwise, any provisions of it is enforceable both in terms of this Act and in terms of any other statutory provision in terms of which it was issued, except that a provision that could not lawfully have been included in a permit issued exclusively under other legislation cannot be enforced under that legislation.
The Minister may prescribe that an environmental authorisation may be regarded as a coastal use permit for the purposes of this Act, either generally or in specific circumstances.
if the activity for which the permit is required is overwhelmingly in the interests of the whole community despite the adverse effect it is likely to cause to the coastal zone; and on condition that any irreversible or long-lasting adverse effects must be mitigated as far as is reasonably possible.
Before deciding the application, the Minster may require the applicant to furnish additional information, including the results of any further studies undertaken.
Subject to sections 72 and 100, no person may occupy any part of, or site on, or construct or erect any building, road, or structure on or in, coastal public property except under and in accordance with a coastal land lease awarded by the Minister in terms of this Chapter.
a coastal concession awarded by the Minister in terms of this Chapter; or an authorisation issued under the Marine Living Resources Act.
on application by a person; or if the Minister so determines in any specific case, through a prescribed bid process.
An application for a coastal land lease or coastal concession must be lodged in the prescribed manner.
to obtain any other authorisation that may be required in terms of other legislation; or to comply with any other legislation.
is subject to any prescribed conditions or as may be determined by the Minister in any specific case; and must provide for the payment by the lessee or concessionaire of a reasonable rent or royalty.
A coastal land lease or coastal concession on land that is partially or completely submerged by coastal waters may authorise the lessee to use the water above that land either exclusively or for specified purposes.
deposit materials on it; and construct and use temporary works on it, including roads.
The powers of the Minister in terms of subsection (1) are delegated to the MEC but may be exercised by the Minister in accordance with section 96.
If the land is private property, the MEC or Minister acting in terms of subsection (1) must, before occupying the land, give the occupier and the owner of the land reasonable notice, in writing, of the intention to occupy and such occupation shall be considered a deprivation.
changes in circumstances require such amendment, revocation, suspension or cancellation; or it is necessary to meet the Republic's international obligations.
An issuing authority must by written notice delivered to the holder of the authorisation, or sent by registered post to the holder's last known address, request the holder to make written representations within a period of 30 days fiom the date of the notice, why the authorisation should not be amended, revoked, suspended or cancelled, as the case may be.
alter the terms or conditions of the authorisation; or decide not to amend, revoke, suspend or cancel the authorisation.
Notwithstanding the provisions of subsections (2) and (3), the Minister may, whenever he or she is of the opinion that it is in the interests of the promotion, protection or utilisation on a sustainable basis of the coastal zone, at any time by written notice to the holder of a authorisation amend, revoke, suspend or cancel the authorisation.
If the Minister intends to exercise the powers under sub-regulation (4), then the provisions of subsection (2) apply with the relevant changes.
If the Minister or an issuing authority has reason to believe that it is necessary to exercise powers under subsections (3) or (4) urgently in order to protect the coastal environment or human health and well-being, the Minister or issuing authority may, by notice to the holder of an authorisation, temporarily suspend the authorisation and then follow the procedure in subsection (2).
No person shall discharge effluent that originates from a source on land into coastal waters except in terms of a general authorisation referred to in subsection (2) or a coastal waters discharge permit issued under this section by the Minister after consultation with the member of the Cabinet responsible for water affairs.
The Minister, after consultation with the member of the Cabinet responsible for water affairs, may by notice in the Gazette generally authorise all, or a category of persons to discharge effluent into coastal waters.
Any person who wishes to discharge effluent into coastal waters in circumstances that are not authorised under a general authorisation referred to in subsection (2) must apply to the Department for a coastal waters discharge permit.
within 24 months of the date of commencement of this Act if the discharge is in terms of a licence or authorisation under the National Water Act; or within 36 months of the date of commencement of this Act if the discharge is a continuation of an existing lawful water use in terms of sections 32 or 33 of the National Water Act.
or (b) has not yet expired.
must comply with any applicable waste standards or water management practices prescribed under this Act or under section 23 of the National Water Act, unless the conditions of the relevant authorisation provide otherwise; and must register the discharge with the Department of Water Affairs and Forestry.
the factors listed in section 27 of the National Water Act: and any other factors that may be prescribed.
to prejudice significantly the achievement of any objective set out in the national coastal management programme or the applicable provincial coastal management programme; or to be contrary to the interests of the whole community.
of the National Water Act.
Minister and the member of the Cabinet responsible for water affairs must within five years of the commencement of this Act decide whether or not to issue a permit or permits referred to in subsection (10) and the conditions that will apply to any permits issued, but before doing so, must give the holders of authorisations issued prior to the commencement of this Act a reasonable opportunity ot making representations.
(1 1) An organ of state that issues a permit under subsection (1) must report every three years in the prescribed form to the National Coastal Committee on the status of each pipeline that discharges effluent into coastal waters and its impacts on the coastal environment.
dump at sea any waste or other material within the coastal waters or the exclusive economic zone; or dump from a South African vessel, aircraft, platform or other man-made structure at sea, any waste or other material on the high seas; or dump from a South African vessel, aircraft, platform or other man-made structure at sea, any waste or other material in any area of the sea under the jurisdiction of another state, except under and in accordance with the written permission of that state.
that adverse weather conditions necessitated the dumping or incineration at sea in order to secure the safety of human life or of the vessel, aircraft, platform or structure in question; or that there was a danger to human life or a real threat to the vessel, aircraft, platform or structure in question, that there appeared to be no reasonable alternative to dumping or incineration at sea, and that it is probable that the adverse effects arising from the dumping or incineration at sea were less than would otherwise have occurred; and that in either case, the dumping or incineration at sea was conducted in a manner that minimised any actual or potential adverse effects and was without delay reported to the Department.
apply in writing to the Minister in the form stipulated by the Minister for a dumping permit that authorises the waste or other material to be loaded aboard a vessel, aircraft, platform or other structure and to be dumped at sea; and pay the prescribed fee.
the interests of the whole community; and any other factors that may be prescribed.
organic material of natural origin; or bulky items primarily comprising iron, steel, concrete and similarly non-harmful materials for which the concern is physical impact, and limited to those circumstances where such wastes are generated at locations, such as small islands with isolated communities, having no practicable access to disposal options other than dumping at sea.
would be contrary to the obligations of the Republic under international law; or would be contrary to the interests of the whole community.
A dumping permit may not be issued for a period exceeding twelve months and shall automatically lapse at the end of the period for which it was issued.
the dumping at sea of a quantity of any particular waste or other material is necessary, in the opinion of the Minister, to avert an emergency that poses an unacceptable risk to the environment or to human health or safety; and there is no other feasible solution.
any foreign state that is likely to be affected by the proposed dumping at sea; and the International Maritime Organisation.
as far as reasonably possible in the circumstances, follow any recommendations received from the International Maritime Organisation when imposing permit conditions regarding the procedures to be followed in conducting the loading or dumping at sea of the relevant quantity of waste or other material; and inform the International Maritime Organisation of any action taken under this section within a reasonable period thereafter.
The Minister must progressively and subject to available resources, develop a national action list to provide a mechanism for screening waste and other material on the basis of their potential effect on human health and the marine environment.
be developed in accordance with the Waste Assessment Guidelines set out in Scheduie 2; and contain the prescribed information.
the Minister if the notice was issued by an MEC; or the MEC of the province concerned, if the notice was issued by a person exercising powers delegated by the MEC or by a municipality in that province.
a provincial organ of state; or a municipality in that province.
state briefly the facts on which the appellant relies and include any relevant information that was not placed before the decision-maker and which the appellant believes should be considered on appeal; and comply with any requirements that may be prescribed.
An appeal under this section does not suspend an authorisation or an exemption, or any provision or condition of an authorisation, or any notice issued under Chapter 7, unless the Minister or MEC directs otherwise.
The Minister or MEC may extend the period within which appeals may be lodged and may accept an appeal delivered out of time if he or she considers it is equitable to do so.
The Minister or MEC may dismiss an appeal that he or she considers to be trivial, frivolous or manifestly without merit.
Minister or the MEC on an appeal.
not appoint a person if that person, or any spouse, partner or close family member of that person, has a personal or private interest in the appeal.
The Minister with the consent of the Minister of Finance, or the MEC with the consent of the member of the provincial executive council responsible for finance, must determine the rate of remuneration and the allowances payable to any member of an appeal panel who is not an employee of an organ of state.
No person may institute an action against a member of an appeal panel for anything that the member said, did, or omitted to do, while acting in good faith with the intention of performing his or her functions as a member.
The Minister or MEC may, at any time after an appeal has been lodged, make any interim order pending the determination of the appeal, that he or she considers equitable or appropriate to achieve the purposes of this Act.
deal with procedural issues.
The Minister or an MEC may make an interim order at his or her own initiative, or in response to an application by the appeal panel or a party to the appeal proceedings.
If a party to the proceedings applies for an interim order, the Minister or MEC must give the parties to the proceedings a reasonable opportunity to make oral or written submissions, but may make an interim order pending the making of submissions by the parties if the Minister or MEC has reason to believe that doing so would be just or desirable in order to protect the coastal environment.
The chairperson of an appeal panel decides when and where the panel meets.
An appeal panel must give the appellant, the person who made the decision or gave the notice appealed against, and any other interested and affeFted parties, a reasonable opportunity of making written submissions, and may allow oral representations to be made.
and guidelines published or endorsed by the Department or the provincial lead agency.
An appeal panel must give a written report to the Minister or MEC setting out its findings and recommendations.
The decision of the majority of the ineinbers of an appeal panel is the decision of the panel but the chairperson must ensure that any dissenting opinions by members are recorded in the written report of the panel.
uphold part or all of the appeal and either vary the decision appealed against or set aside the decision and make a new decision; or 9 c refer the appeal back to the appeal panel with directions to investigate and consider specific facts or issues and to report back to the Minster or MEC.
the purpose of this Act and any relevant coastal management objectives; and the findings and recommendations of the appeal panel, but is not bound by them.
dumps any waste or other material at sea without a dumping permit in contravention of section 75(2).
knowingly makes any false statement or report, for the purpose of obtaining or objecting to, a permit, lease or concession.
undertakes an activity listed in Part B of Schedule 3, or a development that involves such an activity, without a coastal use permit in ternis of section 63; or undertakes a controlled commercial activity in contravention of section 66.
performs an activity for which the authorisation was issued or awarded otherwise than in accordance with any conditions subject to which the authorisation was issued or awarded; or permits or allows any other person to do, or to omit to do, anything which is an offence in terms of paragraph (a) or (b).
A person who is guilty of a category one offence referred to in section 84 may be sentenced to a fine of up to five million Rand or imprisonment for a period of up to ten years. or to both a fine and such imprisonment.
000 (five hundred thousand Rands) or to imprisonment or community service for a period of up to five years, or to a combination of a fine, imprisonment and community service.
(twenty thousand Rands) or community service for a period of up to six months or to both a fine and such service.
A person who is guilty of a category two or three offence may be sentenced on a second conviction for that offence as if he or she has committed a category one or two offence, respectively.
for any offence in terms of this Act, may suspend, revoke or cancel an authorisation or permit granted to the offender under this Act.
A magistrate's court has jurisdiction in the prosecution of any offence in terms of this Act and to impose any penalty provided for in this Act.
If a person is charged with the commission of an offence in terms of this Act on, in or above coastal waters, a court whose area of jurisdiction abuts on the coastal waters has jurisdiction in the prosecution of the offence.
accept service of legal processes and defend any legal proceedings instituted in connection with coastal public property.
the sustainable use of coastal resources;.
the authorities that will be competent to issue the different categ6rie.
the presence and use of vehicles and aircraft within the coastal zone; the presence and recreational use of vessels on coastal waters ; the seizing, removal and disposal of vehicles, vessels, aircraft or property suspected of being used in the commission of an offence under this Act and of coastal resources suspected of having been illegally obtained; and methods, procedures and conditions for obtaining access to relevant information, including entry to private property.
will entail the expenditure of funds in future years; or prescribes application fees for, or other charges in relation to, dumping permits or coastal waters discharge permits.
the MEC before making any regulations concerning the coastal zone within that province.
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 fgllowed for acquiring such permission, including. the authority by whom, the circumstances in which.
of that section, that may be necessary to facilitate the implementation of this Act in the province.
Any regulation which will entail the expenditure of funds in future years may be made only with the concurrence of the MEC responsible for finance in the province.
The Minister or MEC must publish draft regulations for public comment and must take any submissions received into account before making any regulations in terms of section 88 or 89.
Subsection (1) need not be applied to a minor or a mere technical amendment to regulations.
both a fine and imprisonment.
Schedule 3 after consultation with any organ of state that is responsible for authorising any development or activity that the Minister proposes to include in, or delete from, that Schedule.
straddles a boundary between two provinces; or extends up to, or straddles, the borders of the Republic of South Africa.
If subsection (1) applies, references in sections 22,23,24,25,26, and 27 to the MEC must be read as reference to the Minister and the reference in section 23 to the Minister must be read as a reference to the MEC.
If an MEC has reason to believe that a municipality is not taking adequate measures to prevent or remedy adverse effects on the coastal environment, to implement or monitor compliance with provincial norms and standards, or to give effect to the provincial coastal management programme, the MEC may in writing direct the municipality to take specified measures to do so.
The MEC must not give a directive under subsection (1) without first consulting with the municipality and giving it a reasonable opportunity to make representations.
If the municipality does not comply with a directive under subsectgon may use any powers granted to the MEC under this Act to take measures to prevent or remedy adverse effects on the coastal environment, to implement or monitor compliance with provincial norms and standards, or to give effect to the provincial coastal management programme.
any other organ of state, statutory functionary, or management authority of a special management area, by agreement with that organ of state, statutory functionary or management authority.
may include the power to sub-delegate; and does not divest the Minister of the responsibility concerning the exercise of the power or the performance of the duty.
The Minister must give notice in the Gazette of any delegation of a power or duty to an MEC, organ of state or statutory functionary.
The Minister may confirm, vary or revoke any decision made using a power granted by a delegation or sub-delegation in terms of a provision of this Act or of a statute repealed by this Act.
may withdraw by notice in writing any delegation in terms of a provision of this Act or of a statute repealed by this Act.
If the Minister has reason to believe that an MEC is not taking adequate measures to prevent or remedy adverse effects on coastal public property, to implement or monitor compliance with national norms and standards, or to give effect to the national coastal management programme, the Minister may in writing request the MEC to take specified measures to do so.
to take measures and to recover costs in terms of section 61; and to allow temporary occupation of land within the coastal zone and to take other measures in terms of section 72.
The Minister must not take any measures under subsection (2) without first consulting with the MEC and giving the MEC a reasonable opportunity to make representations.
the head of the provincial lead agency; or any other organ of state or a statutory functionary. by agreement with that organ of state or statutory functionary.
may include the power to sub-delegate; and does not divest the MEC of the responsibility concerning the exercise of the power or the performance of the duty.
The MEC may confirm, vary or revoke any decision made using a power granted by a delegation or sub-delegation in terms of this section.
to make regulations; or to publish notices in the Gazette; or to appoint the members of the Provincial Coastal Committee; or may withdraw any delegation by notice in writing.
The Minister must progressively, and within the available resources of the Department, make available and accessible to the public sufficient information concerning the protection and management of the coastal zone to enable the public to make an informed decision of the extent to which the State is fulfilling its duty in terns of section 3.
immediately update the report once applicable information pertaining to the coastal environment under the jurisdiction of the MEC becomes available; and submit the report and every update to the Minister.
The Minister must prepare and regularly update a national report on the state of the coastal environment based on provincial reports submitted to the Minister in terms of subsection (2).
and monitor compliance by such municipalities with this Act.
a lawful lease on land or premises that forms part of coastal public property, including a port or harbour, that existed when this Act took effect; or a vested right to use or exploit any specific coastal resource 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 when this Act took effect.
notify the Minister, in writing, of the existence of that lease or right; and provide the Minister with a copy of any documents evidencing that lease or right.
24 months after the commencement of this Act if the holder of that lease or right does not comply with subsection (2).
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 Chapter 7.
the activity applied for would have or is likely to have serious adverse effects on the coastal environment; or the Minister has reason to believe that granting the application would be inconsistent with the objects of the Act or would prejudice the attainment of a coastal management objective.
apply for a coastal land lease in terms of Chapter 7; or demolish the building or structure and as far as reasonably possible, restore the site to its condition before the building or other structure was built.
If a person referred to in subsection (1) applies for a coastal land lease in accordance with subsection (1) and the application is refused by the Minister, that person must demolish the building or structure and, within a reasonable period, as determined by the Minister when refusing the application, as far as reasonably possible restore the site to its condition before the building or other structure was built.
If a person who in terms of subsection (2) is obliged to demolish the building or structure and to restore the site to its original condition, fails to do so within the period specified by the Minister, the Minister or the MEC may issue a written repair and removal notice to that person under section 60.
9 of 1992 of the former Republic of the Transkei; or any legal proceedings commenced after the commencement of this Act to enforce any notice served prior to the commencement of this section that required the addressee to vacate or demolish any building or structure that was constructed unlawfully on the seashore, within the admiralty reserve, or within the coastal conservation areas referred to in paragraph (a).
abstracting water from coastal waters must be regarded to be the holder of a coastal use permit issued under section 65 that authorises that activity.
Any person referred to in subsection (I), who within 24 months of the commencement of this Act applies to the Minister for special permit or to the relevant issuing authority for a coastal use permit that will authorise the continuation of the activity referred to in subsection (l), shall continue to be regarded as the holder of the special permit or coastal use permit applied for until the Minister or the issuing authority decides whether to grant or refuse the application.
During the 24 month period referred to in subsection (l), the Minister may issue a special permit and the relevant issuing authority may issue coastal use permit authority to any person referred to in subsection (l), even if that person has not applied for it, provided that before doing so the Minister or issuing authority gives that person a reasonable opportunity to make representations.
or the lapsing of a lease or right under section 1 102. Repeal and amendment of legislation The legislation referred to in Schedule 1 is repealed and amended to the extent indicated in the third column of that Schedule.
Anything else done in terms of legislation repealed in terms of section 102 which can or must be done in terms of this Act must be regarded as having been done in terms of this Act.
The White Paper.
Sustainable Coastal Development in South Africa of April 2000 must be regarded as the national coastal management programme until a national coastal management programme has been adopted in accordance with section 41.
acts in the mistaken belief that they are validly exercising a power or performing a duty in terms of this Act; or fails to exercise any power or perform any duty in terms of this Act.
does not protect the State or any other person from liability if the person who caused the damage or loss acted negligently or in bad faith.
Short title This Act is the Integrated Coastal Management Act, 2006, and takes effect on a date or dates determined by the President by proclamation.
Control of Dumping at Repeal sections 41 to 46 inclusive. Amend section 1 by deleting.the definition of "coastal conservation area" and replacing it with: ""coastal buffer zone" has the same meaning as in the National Environmental Management: Coastal Zone Act, 2002" Replace all references to "coastal conservation area" in the Act with references to "coastal buffer zone" Repeal Sections 39 and 40.
Replace all references to "coastal conservation area" in the Act with references to "coastal buffer zone".
"unalienated State land" and replacing it with "the common property of the people of the Republic".
This Schedule sets out guidelines for reducing the necessity for dumping at sea in accordance with Schedule I1 to the Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matters adopted on 7 November 1996.
input substitution: and on-site, closed-loop recycling.
In general terms, if the required audit reveals that opportunities exist for waste prevention at source, an applicant for a perrnit is expected to formulate and implement a waste prevention strategy, in collaboration with the relevant local, provincial and national agencies, which includes specific waste reduction targets and provision for further waste prevention audits to ensure that these targets are being met. Permit issuance or renewal decisions must assure compliance with any resulting waste reduction and prevention requirements.
For dredged material and sewage sludge, the goal of waste management should be to identify and control the sources of contamination. This should be achieved through implementation of waste prevention strategies and requires collaboration between the relevant local, provincial and national agencies involved with the control of point and non-point sources of pollution. Until this objective is met, the problems of contaminated dredged material may be addressed by using disposal management techniques at sea or on land.
treatment to reduce or remove the hazardous constituents; and disposal on land, into air and in water.
The Minister must refuse to grant a permit if it is established that appropriate opportunities exist to re-use, recycle or treat the waste without undue risks to human health or the environment or disproportionate costs. The practical availability of other means of disposal should be considered in the light of a comparative risk assessment involving both dumping at sea and the alternatives.
A detailed description and characterization of the waste is an essential precondition for the consideration of alternatives and the basis for a decision as to whether a waste may be dumped. If a waste is so poorly characterized that proper assessment cannot be made of its potential impacts on human health and the environment, that waste may not be dumped.
persistence: physical, chemical and biological; and accumulation and biotransformation in biological materials or sediments.
In selecting substances for consideration in the Action List referred to in section 78, the Minister must give priority to toxic. persistent and bioaccumulative substances from anthropogenic sources (e.g., cadmium, mercury, organohalogens, petroleum hydrocarbons, and, whenever relevant, arsenic, lead, copper, zinc, beryllium, chromium, nickel and vanadium, organosilicon compounds, cyanides, fluorides and pesticides or their by-products other than organohalogens). An Action List can also be used as a trigger mechanism for further waste prevention considerations.
The Action List must specify an upper level and may also specify a lower level. The upper level should be set so as to avoid acute or chronic effects on human health or on sensitive marine organisms representative of the marine ecosystem.
wastes which contain specified substances, or which cause biological responses, below the relevant lower levels should be considered to be of little environmental concern in relation to dumping at sea; and wastes which contain specified substances, or which cause biological responses, below the upper level but above the lower level require more detailed assessment before their suitability for dumping at sea can be determined.
the economic and operational feasibility; and any relevant coastal management objectives.
Assessment of potential effects should lead to a concise statement of the expected consequences of the sea or land disposal options, Le., the "Impact Hypothesis". It provides a basis for deciding whether to approve or reject the proposed disposal option and for defining environmental monitoring requirements.
The assessment for dumping at sea must integrate information on waste characteristics, conditions at the proposed dump-site(s), fluxes, and proposed disposal techniques and specify the potential effects on the environment, human health, living resources, amenities and other legitimate uses of the sea.
the nature, temporal and spatial scales and duration of expected impacts based on reasonably conservative assumptions.
An analysis of each disposal option must be considered in the light of a comparative assessment of the following concerns: human health risks, environmental costs, hazards, (including accidents), economics and exclusion of future uses. If this assessment reveals that adequate information is not available to determine the likely effects of the proposed disposal option then this option may not be considered further. In addition, if the interpretation of the comparative assessment shows the dumping at sea option to be less preferable, a permit for dumping may not be given.
Each assessment must conclude with a statement supporting a decision to issue or refuse a permit for dumping at sea.
Monitoring is used to verify that permit conditions are met -compliance monitoring -and that the assumptions made during the permit review and site selection process were correct and sufficient to protect the environment and human health -field monitoring. It is essential that such monitoring programmes have clearly defined objectives.
A decision to issue a permit may only be made if all impact evaluations are completed and the monitoring requirements are determined. The conditions of the permit must ensure, as far as practicable, that adverse effects are minimized and the benefits maximized.
the method of dumping at sea; and monitoring and reporting requirements.
The Minister must review permits for dumping at sea at regular intervals, taking into account the results of monitoring and the objectives of monitoring programmes.
continued, revised or terminated and will contribute to informed decisions regarding the continuance, modification or revocation of permits. This provides an important feedback mechanism for the protection of human health and the marine environment.
A.l The construction or alteration of railways, highways or inter-city roads, or service areas associated with such railways, highways or roads.
A.2 Mining or quarrying.
A.3 The construction of aerial high-tension cables.
A.4 The disposal of solid waste, rubble. unprocessed sewage or any other effluent likely to cause an adverse effect on the coastal environment.
B. 1 The draining or reclaiming of any coastal wetland.
B.2 The erection. construction, placing, or any significant alteration or extension of a building or structure.
B.3 The construction or any significant alteration or extension of a road.
B.4 The winning of stones. gravel. or sand.
The ploughing or cultivation of land which has not at any time during the preceding ten years been cultivated.
B.6 The clearing of indigenous vegetation other than cultivated indigenous vegetation.
B.7 The breeding, cultivation or farming of marine living resources or aquatic animals or aquatic plants.
B.8 The stabilization or destabilization of dunes.
B.9 The landing or use of aircraft.
placing, alteration or extension of a building or structure on or in any coastal public property, including an artificial reef, or any structure designed to prevent coastal erosion or to promote accretion of the seashore.
C.2 The disturbance of any coastal public property in a manner that has or is likely to have an adverse effect on the coastal environment, including any excavations, dredging, draining, drilling or tunnelling.
C.3 The destruction, damage or disturbance of any coastal public property in a manner that has or is likely to have an adverse effect on biodiversity or habitat.
C.4 The breeding, cultivation or farming of marine living resources or aquatic animals or aquatic plants.
The introduction of any species of alien invasive plant, exotic or non-endemic animal, exotic or non-endemic pathogens or living modified organism into coastal public property or into a place from which it is likely to invade coastal public property.
The occupation of any coastal public property.
C.7 The abstraction of water from coastal waters for agricultural, commercia1 or industrial purposes, including for aquaculture and desalination, or in a manner that is likely to have an adverse effect.
C.9 The carrying on of any other activity which in terms of a coastal management programme is prohibited without a permit.
C. 10 The stabilization or destabilization of dunes.
C.11 The landing or use of aircraft.