National Environment Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008)Chapter 12 : Miscellaneous mattersPart 1 : Transitional provisions95. Existing leases on, or rights to, coastal public property |
| (1) | In order to enable the Minister to establish the nature and extent of existing uses within the coastal zone, the holder of a lease or right in terms of the Sea-shore Act, 1935 (Act No. 21 of 1935), or a lease within the admiralty reserve must, within 12 months of the commencement of this section, provide the Minister with a copy of the lease concluded in terms of the Sea-shore Act. |
| (2) | If a lease under the Sea-Shore Act— |
| (a) | relates to an activity that is not listed in terms of section 65(1)(a), that lease is no longer required and therefore lapses, and the activity may continue; |
| (b) | relates to an activity which is prohibited by notice in terms of section 65(1)(a)(i), that activity must stop within a period of 180 days from the date of publication of such notice; or |
| (c) | relates to an activity requiring a permit in terms of section 65(1)(a)(ii) application must be made for a coastal use permit in terms of section 65(3) within a period of 180 days of the publication of the notice listing such activities. |
| (3) | If an application for a coastal use permit contemplated in subsection 2(c) is refused, that activity must stop within a period of 180 days of receipt of the refusal. |
| (4) | Unless a person referred to in subsection (2)(c) is directed otherwise by a person acting in terms of this Act, it is not an offence for that person to continue with the activity if that person makes an application for a permit under section 65(3)(a) within 180 days as contemplated in subsection (2)(c) but has not yet been notified whether the application has been granted or refused. |
[Section 95 substituted by section 58 of Act No. 36 of 2014]