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National Environment Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008)

Chapter 2 : Coastal Zone

Part 1 : Coastal public property

14. Position of high-water mark

 

(1) No person may replace the high-water mark curvilinear boundary with a straight line boundary in terms of section 34 of the Land Survey Act.

[Subsection (1) substituted by subsection 10(a) of Act No. 36 of 2014]

 

(2) [Subsection (2) deleted by section 10(b) of Act No. 36 of 2014]

 

(3) [Subsection (3) deleted by section 10(b) of Act No. 36 of 2014]

 

(4) [Subsection (4) deleted by section 10(b) of Act No. 36 of 2014]

 

(5) If the high-water mark is  landward of a straight line boundary line of a coastal land unit when this Act took effect, or the high-water mark moves landward of a straight line boundary of a coastal land unit due to the erosion of the coast, sea-level rise or other causes, the owner of that coastal land unit—

[Words preceding subsection (5)(a) substituted by section 10(c) of Act No. 36 of 2014]

(a) loses ownership of any portion of that coastal land unit that is situated below the high-water mark to the extent that such land unit becomes coastal public property; and

[Subsection 5(a) substituted by section 10(d) of Act No. 36 of 2014]

(b) is not entitled to compensation from the State for that loss of ownership, unless the movement of the high-water mark was caused by an intentional or negligent act or omission by an organ of state and was a reasonably foreseeable consequence of that act or omission.

 

(6) [Subsection (6) deleted by section 10(e) of Act No. 36 of 2014].