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

Chapter 7 : Protection of Coastal Resources

Purchase

(1)	Where an environmental authorisation in terms of Chapter 5 of the National Environmental Management Act is required for coastal activities, the competent authority must take into account all relevant factors, including—

(a)	the representations made by the applicant and by interested and affected parties;

(b)	the extent to which the applicant has in the past complied with similar authorisations;

(c)	whether coastal public property, the coastal protection zone or coastal access land will be affected, and if so, the extent to which the proposed development or activity is consistent with the purpose for establishing and protecting those areas;

(d)	the estuarine management plans, coastal management programmes, coastal management lines and coastal management objectives applicable in the area;

[Subsection (1)(d) substituted by section 33(a) of Act No. 36 of 2014]

(e)	the socio-economic impact if the activity—

(i)	is authorised;

(ii)	is not authorised;

(f)	[Subsection (1)(f) substituted by section 33(b) of Act No. 36 of 2014]

(g)	the likely impact of coastal environmental processes on the proposed activity;

[Subsection (1)(g) substituted by section 33(c) of Act No. 36 of 2014]

(h)	whether the development or activity—

(i)	is situated within coastal public property and is inconsistent with the objective of conserving and enhancing coastal public property for the benefit of current and future generations;

(ii)	is situated within the coastal protection zone and is inconsistent with the purpose for which a coastal protection zone is established as set out in section 17;

(iii)

is situated within coastal access land and is inconsistent with the purpose for which coastal access land is designated as set out in section 18;

(iv)	is likely to cause irreversible or long-lasting adverse effects to any aspect of the coastal environment that cannot satisfactorily be mitigated;

(v)	is likely to be significantly damaged or prejudiced by dynamic coastal processes;

(vi)	would substantially prejudice the achievement of any coastal management objective; or

(vii)

would be contrary to the interests of the whole community;

[Subsection (1)(h) substituted by section 33(d) of Act No. 36 of 2014]

(i)	whether the very nature of the proposed activity or development requires it to be located within coastal public property, the coastal protection zone or coastal access land;

[Subsection (1)(i) inserted by section 33(e) of Act No. 36 of 2014]

(j)	whether the proposed activity or development will provide important services to the public when using coastal public property, the coastal protection zone, coastal access land or a coastal protected area; and

[Subsection (1)(j) inserted by section 33(e) of Act No. 36 of 2014]

(k)	the objects of this Act, where applicable.

[Subsection (1)(k) inserted by section 33(e) of Act No. 36 of 2014]

(2)	[Subsection (2) deleted by section 33(f) of Act No. 36 of 2014]

(3)	[Subsection (3) deleted by by section 33(f) of Act No. 36 of 2014].

(4)	[Subsection (4) deleted by section 33(f) of Act No. 36 of 2014]

(5)	The competent authority must ensure that the terms and conditions of any environmental authorisation are consistent with any applicable coastal management programmes and promote the attainment of coastal management objectives in the area concerned.

(6)	Where an environmental authorisation is not required for coastal activities, the Minister may, by notice in the Gazette list such activities requiring a permit or licence.