National Environment Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008)Chapter 6 : Coastal ManagementPart 4 : Co-ordination and alignment of plans and coastal management programmes52. Ensuring consistency between coastal management programmes and other statutory plans |
| (1) | For the purposes of this section, "statutory plan" means a plan, policy or programme adopted by an organ of state that may affect coastal management, and without limitation, may include— |
| (a) | an environmental implementation or environmental management plan prepared in terms of Chapter 3 of the National Environmental Management Act; |
| (b) | an integrated development plan adopted by a municipality in terms of the Municipal Systems Act; |
| (c) | the national biodiversity framework referred to in section 38 of the Biodiversity Act and a bioregional plan prepared in terms of that Act; |
| (d) | a provincial or municipal land development plan; |
| (e) | a provincial strategic policy and plan concerned with promoting sustainable development; and |
| (2) | 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. |
| (3) | 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. |
| (4) | 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. |
| (5) | 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), (3) or (4) to ensure 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. |
| (6) | Conflicts between a coastal management programme and other statutory plans must be resolved in a manner that best promotes the objects of this Act. |
| (7) | Once the parties referred to in subsection (5) have resolved the conflict they must make appropriate amendments to one or more of such conflicting plans. |