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

Chapter 2 : Coastal Zone

Purchase

(1)	Each municipality whose area includes coastal public property must within four years of the commencement of this Act, make a by-law that designates strips of land as coastal access land in order to secure public access to that coastal public property.

(2)	Coastal access land designated in terms of subsection (1) is automatically subject to a public servitude in terms of which members of the public may use that land to gain access to coastal public property.

[Subsection (2) substituted by section 14(a) of Act No. 36 of 2014]

(3)	A municipality must implement subsection (1) subject to—

(a)	the other provisions of this Act, including—

(i)	any prohibitions or restrictions referred to in section 13(2); and

(ii)	the national and applicable provincial coastal management programmes; and

(b)	any other applicable national or provincial legislation.

(4)	No land within a port or harbour, defence or other strategic facility may be designated as coastal access land without the consent of the Minister responsible for that facility.

[Subsection (4) substituted by section 14(b) of Act No. 36 of 2014]

(5)	Subject to section 19, a municipality may, on its own initiative or in response to a request from an organ of state or any other interested and affected party, withdraw the designation of any land as coastal access land.

[Subsection (5) inserted by section 14(c) of Act No. 36 of 2014]

(6)	If a municipality fails to designate strips of land as coastal access land in terms of subsection (1), the MEC, and failing the MEC, the Minister, may designate such access land by notice in the Gazette.

[Subsection (6) inserted by section 14(c) of Act No. 36 of 2014]

(7)	The MEC may not take any measures under subsection (6) without first consulting the municipality and giving it a reasonable opportunity to make representations.

[Subsection (7) inserted by section 14(c) of Act No. 36 of 2014]

(8)	The Minister may not take any measures under subsection (6) without first consulting the municipality and the relevant MEC and giving them a reasonable opportunity to make representations.

[Subsection (8) inserted by section 14(c) of Act No. 36 of 2014]

(9)	Each municipality approving the rezoning, subdivision or development of a land unit within or abutting on coastal public property must ensure that adequate provision is made in the conditions of approval to secure public access to that coastal public property.

[Subsection (9) inserted by section 14(c) of Act No. 36 of 2014]