| (i) | be used exclusively or mainly for specified purposes or activities; or |
| (ii) | not be used for specified purposes or activities; and |
| (b) | prohibiting or restricting activities or uses of areas that do not comply with the rules of the scheme. |
| (2) | A coastal planning scheme must— |
| (a) | be established by notice in the Gazette; |
| (iii) | the applicable provincial coastal management programme; and |
| (iv) | any estuarine management plan applicable in the area; and |
| (c) | take into account any other applicable coastal management programmes. |
| (3) | A coastal planning scheme may be established and implemented for an area within the coastal zone by— |
| (a) | the Minister, after consultation with the MEC and with any authority that is responsible for managing an area to which the planning scheme applies, if the planning scheme applies to— |
| (i) | an area of coastal public property and is established to protect and control the use of marine living resources or to implement national norms or standards; or |
| (ii) | an area of the coastal zone that straddles the border between two provinces, or adjoins or straddles the borders of the Republic of South Africa; |
| (c) | the MEC, after consultation with the Minister and any authority that is responsible for managing an area to which the planning scheme applies, if the planning scheme is not one referred to in paragraph (a) or (b) and applies to an area of the coastal zone within the province; |
| (d) | the municipality, in consultation with the MEC and after consultation with any authority that is responsible for managing an area to which the planning scheme applies, if the planning scheme is not one referred to in paragraphs (a) or (b) and applies to an area falling within its jurisdiction; and |
| (e) | the management authority of a special management area, in consultation with the MEC and after consultation with the municipality, if the planning scheme only applies within that management area. |
| (4) | A coastal planning scheme established by— |
| (a) | the Minister takes precedence over any other coastal planning scheme; |
| (b) | the person in which the authority to manage a coastal protected area is vested, takes precedence within that protected area over any other coastal planning scheme except one established by the Minister; |
| (c) | an MEC takes precedence over any other coastal planning scheme except one established by the Minister or the management authority for a coastal protected area; or |
| (d) | a municipality takes precedence over any other coastal planning scheme except one established by the Minister or the MEC, or established within a coastal protected area by the management authority for that protected area. |
| (5) | A coastal planning scheme may only be established with the consent of— |
| (a) | the Minister, if the scheme applies to an area that extends into the sea further than 500 metres from the high-water mark or affects the protection or use of marine living resources; or |
| (b) | the relevant Minister responsible for navigation of vessels on the sea or vessels entering or leaving a port or harbour, if the scheme affects or restricts such vessels. |
[Subsection (5) substituted by section 29 of Act No. 36 of 2014]
| (6) | A coastal planning scheme may not create any rights to use land or coastal waters. |
