(1) Coastal public property consists of—
| (b) | land submerged by coastal waters, including— |
| (i) | land flooded by coastal waters which subsequently becomes part of the bed of coastal waters; and |
| (ii) | the substrata beneath such land; |
| (c) | any natural island within coastal waters; |
| (i) | the seashore of a natural or reclaimed island; and |
| (ii) | the seashore of reclaimed land; |
| (e) | subject to section 66A, any admiralty reserve owned by the State; |
| (g) | land reclaimed in terms of section 7C; or |
| (h) | any natural resources on or in any coastal public property of a category mentioned in paragraphs (a) to (g). |
| (2) | Notwithstanding the provisions of subsection (1), coastal public property does not include— |
| (i) | immovable structure, or part of an immovable structure; or |
| (ii) | installation or infrastructure located in a port or harbour, |
whether located on land or the seabed, lawfully constructed by an organ of state.
| (b) | any portion of the seashore below the high-water mark, which was lawfully alienated before the Sea-shore Act, 1935 (Act No. 21 of 1935), took effect, or which was lawfully alienated in terms of that Act, and which has not subsequently been re-incorporated into the seashore; |
| (c) | any part of an island that was lawfully alienated before this Act commenced; or |
| (d) | any portion of a coastal cliff that— |
| (i) | was lawfully alienated before this Act took effect; and |
| (ii) | is not owned by the State. |
[Section 7 substituted by section 5 of Act No. 36 of 2014]
