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

Chapter 2 : Coastal Zone

Part 5 : Coastal protected areas

22. Excision of protected areas from coastal protection zone
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(1)Subject to section 87, the MEC may by notice in the Gazette declare that with effect from a specified date the whole or any part of a protected area that is not coastal public property, will not form part of the coastal protection zone.

 

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

 

(3)The Minister, after consultation with the relevant MEC, must exercise the powers and perform the functions granted to the MEC in this section, if such power relates to any part of an area that—
(a)is a national protected area as defined in the Protected Areas Act;
(b)straddles a coastal boundary between two provinces; or
(c)extends up to, or straddles, the borders of the Republic.

[Subsection (3) inserted by section 16 of Act No. 36 of 2014]