Tuesday, July 31, 2007

Final text of Integrated Coastal Management Bill Approved byCabinet

From: Sanet Krugel [mailto:SKrugel@deat.gov.za]
Sent: 31 July 2007 14:11
Subject: Final text of Integrated Coastal Management Bill Approved byCabinet - to be tabled in Parliament
Ministry of Environmental Affairs and Tourism
For immediate release
STATEMENT BY THE OFFICE OF THE MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM, MARTHINUS VAN SCHALKWYK, ON TUESDAY, 31 JULY 2007
Final text of Integrated Coastal Management Bill Approved by Cabinet - to be tabled in Parliament
Cabinet has approved the Integrated Coastal Management Bill for tabling in Parliament. The Bill was Gazetted on 15 December 2006 and, as it is a complex Bill it was open for public comment for a period of 90 days.
"Comments received from the public participation process indicate overwhelming support for the Bill and its principles. These comments have now been incorporated into a new version of the Bill which is scheduled for tabling in Parliament. This important piece of legislation will lead to the adoption of a new approach in managing the nation's coastal resources. This will promote social equity and lead to the better use of coastal resources, whilst also protecting the natural environment," said Minister van Schalkwyk.
Fundamentally, the purpose of the National Coastal Management Bill is
to:
- Provide a legal and administrative framework that will promote
cooperative, coordinated and integrated coastal development;
- Preserve, protect and enhance the status of the coastal
environment as the heritage of all;
- Ensure coastal resources are managed in the interests of the whole
community;
- Ensure there is equitable access to the opportunities and benefits
derived from the coast; and
- To give effect to certain of South Africa's international law
obligations.
This Bill further seeks to ensure existing access points to the coastal area are reinstated and properly maintained and allows for the demarcation of access land.
The Bill also ensures that two zones are created:
- "Coastal public property" * state land along the coast, the beach,
estuaries and seas
- "Coastal protection zone" * 100 m wide in urban and 1000m wide in
rural areas
The "Coastal protection zone's" inland boundary can be adjusted to:
* Make it narrower in non-sensitive areas
* Make it wider in sensitive areas
The sections of the Bill pertaining to "coastal public property" and the "coastal protection zone" do not affect:
* Existing property rights
* Provincial, municipal, cadastral, or other legally recognised
boundaries
* Powers of any organ of state to dispose of land
It also gives government the power to prevent development too close to the sea by establishing 'set-back lines'.
The Minister added that "the most important changes to the gazetted version were the streamlining of government processes, reduction of duplication, clarification of certain clauses and better alignment with other legislation. For example, all activities requiring environmental impact assessments along the coast will now be done in terms of the National Environmental Management Act (NEMA).
Whether provincial, municipal or private, the Bill seeks to regulate activities with potential adverse environmental impacts. More specifically this Bill also provides new measures to protect coastal areas from being degraded by inappropriate developments and pollution,"
said the Minister.
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