National Environment Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008)Chapter 7 : Protection of Coastal ResourcesPart 1 : Assessing, avoiding and minimising adverse effects58. Duty to avoid causing adverse effects on coastal environment |
(1)
| (a) | Section 28 of the National Environmental Management Act applies, subject to the necessary changes, to any impact caused by any person and that has an adverse effect on the coastal environment. |
| (b) | For the purposes of the application of section 28 a reference in that section to— |
| (i) | "significant pollution or degradation of the environment" must be read as including an adverse effect on the coastal environment; |
| (ii) | "environment" must be read as including the coastal environment; and |
| (iii) | "environmental management plan" must be read as including a coastal management programme applicable in the area concerned. |
| (2) | For the purposes of subsection (1)— |
| (a) | the Minister may, by notice in the Gazette, determine that an impact or activity described in the notice must be presumed, until the contrary is proved, to result in an adverse effect; and |
| (b) | the persons to whom section 28(1) and (2) of the National Environmental Management Act applies must be regarded as including— |
| (i) | a user of coastal public property; |
| (ii) | the owner, occupier, person in control of or user of land or premises on which an activity that caused or is likely to cause an adverse effect occurred, is occurring or is planned; |
| (iii) | the owner or person in charge of a vessel, aircraft, platform or structure at sea, or the owner or driver of a vehicle, in respect of which any activity that caused or is likely to cause an adverse effect occurred, is occurring or is planned; |
| (iv) | the operator of a pipeline that ends in the coastal zone; or |
| (v) | any person who produced or discharged a substance which caused, is causing or is likely to cause, an adverse effect. |