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

Chapter 7 : Protection of Coastal Resources

Part 5 : General provisions

67. Temporary occupation of land within coastal zone

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(1)Subject to the Expropriation Act, 1975 (Act No. 63 of 1975), the Minister may direct that land within the coastal zone be temporarily occupied to build, maintain or repair works to implement a coastal management programme, or to respond to pollution incidents or emergency situations, and may for this purpose—
(a)take from the land stone, gravel, sand, earth or other material;
(b)deposit materials on it; and
(c)construct and use temporary works on it, including roads.

 

(2)Notwithstanding section 89, the powers of the Minister in terms of subsection (1) may be delegated to—
(a)the MEC, who may subdelegate this power to a municipality in that province; or
(b)an official in that Department.

 

(3)If the land is private property, the Minister or the MEC, acting in terms of subsection (1), must, before the land is occupied, give the occupier and the owner of the land reasonable notice, in writing, of the intention to occupy and the purpose of the occupation.