| (1) |
Subject to this Act and any other applicable legislation, any natural person in the Republic— |
| (b) |
is entitled to use and enjoy coastal public property, provided such use— |
| (i) |
does not adversely affect the rights of members of the public to use and enjoy the coastal public property; |
| (ii) |
does not hinder the State in the performance of its duty to protect the environment; and |
| (1A) |
Subject to subsections (2) and (3), no person may prevent access of coastal public property; |
[Subsection (1A) inserted by section 9(a) of Act No. 36 of 2014]
| (2) |
This section does not prevent prohibitions or restrictions on access to, or the use of, any part of coastal public property— |
| (d) |
in the interests of national security; or |
| (e) |
in the national interest. |
| (a) |
No access fee may be charged for access to coastal public property without the approval of the Minister. |
| (b) |
The Minister may by notice in the Gazette publish maximum fees for access to coastal public property or infrastructure located therein, payable by persons in general or a category of persons. |
| (c) |
Any person or organ of state may apply to the Minister to charge a fee in excess of the maximum published in terms of paragraph (b). |
| (d) |
The provisions of paragraph (a) shall not apply to fees for the use of facilities or activities which are located on or in coastal public property. |
[Subsection (3) substituted by section 9(b) of Act No. 36 of 2014]
| (4) |
The Minister, before granting approval for the imposition of a fee, must require a public participation process in accordance with Part 5 of Chapter 6 to enable interested and affected parties to make representations. |
| (5) |
Subsections (3) and (4) do not apply to coastal public property— |
| (a) |
for which a coastal use permit has been issued in terms of section 65; or |
| (b) |
that is, or forms part of, a protected area, or a port or harbour. |
[Subsection (5) substituted by section 9(c) of Act No. 36 of 2014]
Statistics Act, 1999
