National Environment Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008)NoticesCoastal Management Line for Garden Route National Park in terms of Section 25(1) read with Section 25(5)(a) of the Act2. Purpose and Declaration |
| 2.1. | The Act provides for the declaration of CMLs in terms of section 25. |
| 2.2 | Section 25(1), read with section 25(5) of the Act, empowers the Minister to declare a CML— |
| (a) | to protect coastal public property, private property and public safety; |
| (b) | to protect the coastal protection zone; |
| (c) | to preserve the aesthetic values of the coastal zone; or |
| (d) | for any other reason consistent with the objectives of the Act. |
| 2.3 | Section 25(5) of the Act obliges the Minister, after consultation with the relevant MEC, to exercise the powers and perform the functions in section 25 if such power relates to any part of an area that— |
| (a) | is a national protected area as defined in the Protected Areas Act; |
| (b) | straddles a coastal boundary between two provinces; or |
| (c) | extends up to, or straddles, the borders of the Republic. |
| 2.4 | The objectives for declaring the GRNP CML are to— |
| (a) | minimise the human and environmental conflicts that occur in the coastal areas of the GRNP; |
| (b) | provide measures to control and manage development to avoid coastal risks and vulnerability emanating from coastal processes that could impact on property, human life, social dynamics and economic opportunities; and |
| (c) | provide additional mechanisms for preserving coastal spaces that have social importance such as cultural and heritage sites as identified in the Garden Route National Park Management Plan. |
| 2.5 | The Minister is, in terms of section 25(5) of the Act, empowered to declare the CML within the boundaries of the GRNP since the park is a national protected area in terms of the Protected Areas Act. |
| 2.6 | A single, interrupted CML is hereby adopted in terms of section 25(1)(b), (c) and (d), read with section 25(5) of the Act, within the boundaries of the GRNP to— |
| (a) | manage risks from the effects of climate change, dynamic coastal processes and rising sea levels; |
| (b) | protect and enhance public access to coastal public property; |
| (c) | discourage inappropriate development in sensitive coastal areas in order to ensure public safety and sustainable development; |
| (d) | maintain and enhance the functioning of coastal ecosystems and its ecological features; |
| (e) | protect and preserve features of social, cultural and heritage significance; and |
| (f) | preserve the aesthetics or ‘sense of place’ including the visual integrity of the coast. |
| 2.7 | The CML informs and must be read in conjunction with the zonation of the GRNP as set out in the Garden Route National Park Management Plan. Section 41(2)(g) of the Protected Areas Act stipulates that a Park Management Plan must contain the “zoning of the area indicating what activities may take place in different sections of the park and the conservation objectives of those sections”. In combination with the CML, the zonation therefore acts as the primary determinant of suitable developments and activities within the GRNP. |
| 2.8 | The purpose of the CML is to highlight risks which must be taken into account when considering activities seawards of the CML and to aid in minimising impacts of infrastructure on the natural environment in line with SANParks’ conservation objectives. |
| 2.9 | The CML guides new or the maintenance of existing infrastructure located seaward of the CML. |