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

Chapter 5 : Institutional Arrangmenets

Part 2 : Provincial lead agencies

38. Designation and functions of provincial lead agency

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(1)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.

 

(2)Each provincial lead agency must, within the province—
(a)co-ordinate the implementation of the provincial coastal management programme referred to in Part 2 of Chapter 6;
(b)monitor coastal management in the province to ensure that it is undertaken in an integrated, effective and efficient manner and in accordance with the objects of this Act;
(c)monitor the state of the environment in the coastal zone and relevant trends affecting that environment, and identify provincial priority issues;
(d)co-ordinate the preparation of a provincial state of the coast report required by section 93(2);
(e)provide logistical and administrative support to the Provincial Coastal Committee established in accordance with section 39;
(f)review reports that relate to determinations and adjustments under Chapter 3 or that concern policies that may impact on the coastal zone;
(g)promote, in collaboration with other appropriate bodies and organisations, training, education and public awareness programmes relating to the protection, conservation and enhancement of the coastal environment and the sustainable use of coastal resources;
(h)take all reasonably practical measures to monitor compliance with, and to enforce, this Act, either alone or in co-operation with other enforcement agencies; and
(i)perform any other functions assigned to it by the Minister or the MEC under this Act.

 

(3)The Premier may assign any of the functions referred to in subsection (2) to any organ of state other than the lead agency in the province.

[Subsection (3) substituted by section 27 of Act No. 36 of 2014]