| (1) | Subject to this Act and any other applicable legislation, any natural person in the Republic— |
| (b) | is entitled to use and enjoy coastal public property, provided such use— |
| (i) | does not adversely affect the rights of members of the public to use and enjoy the coastal public property; |
| (ii) | does not hinder the State in the performance of its duty to protect the environment; and |
| (1A) | Subject to subsections (2) and (3), no person may prevent access of coastal public property; |
[Subsection (1A) inserted by section 9(a) of Act No. 36 of 2014]
| (2) | This section does not prevent prohibitions or restrictions on access to, or the use of, any part of coastal public property— |
| (d) | in the interests of national security; or |
| (e) | in the national interest. |
| (a) | No access fee may be charged for access to coastal public property without the approval of the Minister. |
| (b) | The Minister may by notice in the Gazette publish maximum fees for access to coastal public property or infrastructure located therein, payable by persons in general or a category of persons. |
| (c) | Any person or organ of state may apply to the Minister to charge a fee in excess of the maximum published in terms of paragraph (b). |
| (d) | The provisions of paragraph (a) shall not apply to fees for the use of facilities or activities which are located on or in coastal public property. |
[Subsection (3) substituted by section 9(b) of Act No. 36 of 2014]
| (4) | The Minister, before granting approval for the imposition of a fee, must require a public participation process in accordance with Part 5 of Chapter 6 to enable interested and affected parties to make representations. |
| (5) | Subsections (3) and (4) do not apply to coastal public property— |
| (a) | for which a coastal use permit has been issued in terms of section 65; or |
| (b) | that is, or forms part of, a protected area, or a port or harbour. |
[Subsection (5) substituted by section 9(c) of Act No. 36 of 2014]
