| (1) | If the Minister or MEC has reason to believe that a person has, either prior to or after the commencement of this Act, carried out, is carrying out, or intends to carry out, an activity that has, is having, or is likely to have, an adverse effect on the coastal environment then, subject to subsection (2), he or she may issue a written coastal protection notice to the person responsible for that activity— |
[Words preceding subsection (1)(a) substituted by section 30(a) of Act No. 36 of 2014]
| (a) | prohibiting the activity if it is not already prohibited in terms of this Act; and |
| (b) | instructing that person— |
| (i) | to take appropriate steps in terms of this Act or any other applicable legislation to protect the environment; |
| (iii) | to stop or postpone the activity for a reasonable period to allow for the investigation to be carried out and for the Minister or MEC to evaluate the report. |
| (2) | Before exercising a power to issue a coastal protection notice under subsection (1) the Minister or MEC must— |
[Words preceding subsection (2)(a) substituted by section 30(b) of Act No. 36 of 2014]
| (a) | consult with any other organ of state that authorised, or is competent to authorise, the undertaking of the activity or proposed activity concerned; and |
| (b) | give the person to whom the coastal protection notice is to be addressed, an opportunity of making representations. |
| (3) | [Subsection (3) deleted by section 30(c) of Act No. 36 of 2014] |
| (4) | A coastal protection notice in terms of subsection (1)— |
| (i) | the reasons for the notice: |
| (ii) | the period within which anything required by the notice must be carried out; and |
| (iii) | that the person to whom it is addressed may appeal against the notice in terms of Chapter 9; |
[Subsection (4)(a) substituted by section 30(d) of Act No. 36 of 2014]
| (b) | may instruct the person to whom it is addressed, among other matters— |
| (i) | to build, maintain or demolish any specified works; |
| (iii) | to plant, cultivate, preserve or stop damaging indigenous vegetation at a specified place; |
| (iv) | to stop altering the geographical features of land at a specified place; |
| (v) | to build or maintain any specified works at a specified place to protect land from wind erosion; |
| (vi) | to rehabilitate land at a specified place; |
| (vii) | to remove stock from land; or |
| (viii) | to take measures to protect indigenous fauna. |
| (5) | If the Minister or MEC has reason to believe that a person has, either prior to or after the commencement of this Act, carried out, is carrying out, or intends to carry out, an activity that is having, or is likely to have, an adverse effect on the rights of natural persons to gain access to, use and enjoy coastal public property, the Minister or MEC may issue a written coastal access notice to that person— |
[Words preceding subsection (5)(a) substituted by section 30(e) of Act No. 36 of 2014]
| (a) | prohibiting the activity if it is not already prohibited in terms of this Act; and |
| (b) | instructing that person to take appropriate steps in terms of this Act or any other applicable legislation to allow natural persons access to the coastal public property. |
| (6) | When issuing a notice contemplated in subsection (5), subsections (2) and (4) apply with the necessary changes. |
[Subsection (6) substituted by section 30(f) of Act No. 36 of 2014]
