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

Chapter 6 : Coastal Management

Part 6 : Review of coastal management programmes

54. Powers of Minister to review coastal management programmes

 

(1) The Minister may at any time review any provincial coastal management programme.

 

(2) The Minister must, in reviewing the provincial coastal management programme, determine whether or not it—
(a) meets the requirements specified in section 47;
(b) is consistent with the national coastal management programme;
(c) gives adequate protection to coastal public property; and
(d) provides an appropriate policy framework for establishing an effective and efficient system of coastal management.

 

(3) If the Minister believes that a provincial coastal management programme does not meet all the criteria referred to in subsection (2), the Minister must by notice to the MEC of the province concerned, require the MEC to amend or replace the provincial coastal management programme within a reasonable period, which must be specified in the notice.

 

(4) An MEC who receives a notice in terms of subsection (3) must amend or replace the provincial coastal management programme by following the same procedure used to prepare and adopt it in terms of this Act, except that the new or amended coastal management programme may not be finally adopted without the consent of the Minister.

 

(5)

(a) The Minister may request an MEC to review a municipal coastal management programme under section 55.
(b) If the MEC is unable or unwilling to review the municipal coastal management programme within a reasonable period, the Minister may do so, in which case section 55 applies with the necessary changes.