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

Chapter 3 : Boundaries of Coastal Areas

28. Determining and adjusting coastal boundaries of coastal protection zone

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(1)The MEC may not determine or adjust the coastal boundaries of the coastal protection zone in a manner that changes the coastal boundaries of coastal public property.

 

(2)The MEC may include land that is not adjacent to coastal public property in the coastal protection zone.

 

(3)When determining or adjusting the coastal boundary of the coastal protection zone the MEC must take into account—
(a)the purpose for which the coastal protection zone is established;
(b)the importance for coastal management to incorporate into the coastal protection zone land inland of the high-water mark that is not coastal public property but that should be maintained in, or restored to, a natural or semi-natural state;
(c)the need to avoid risks posed by natural hazards to people, biodiversity, coastal public property and private property;
(d)the potential for the number and severity of natural disasters to increase due to the effects of global climate change and other impacts on the environment, and the importance of taking preventive measures to address these threats;
(e)the importance of allowing for the movement of the position of the high water mark over lime and of protecting the inland coastal boundary of coastal public property by demarcating a continuous strip of land adjacent to it; and
(f)any other factor that may be prescribed.

 

(4)The Minister, after consultation with the relevant MEC, must exercise the powers and perform the functions granted to the MEC in subsections (2) and (3), 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 (4) inserted by section 21 of Act No. 36 of 2014]