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

Chapter 1 : Interpretation, Objects and Application of Act

6. Interpretation and conflicts with other legislation

[Section 6 heading substituted by section 4(a) of Act No. 36 of 2014]

 

(1) If there is a conflict relating to coastal management between a section of this Act and any other legislation existing when this Act takes effect, the section of this Act prevails.

 

(2) A provision contained in this Act or the National Environmental Management Act, or in regulations made or authorisations issued under either Act, prevails if there is a conflict between that provision and a provision contained in regulations or in an authorisation that has been saved in terms of section 99.

 

(3) Draft national legislation directly or indirectly amending this Act, or providing for the enactment of subordinate legislation that may conflict with this Act, may be introduced in Parliament—
(a) by the Minister only; or
(b) only after the Minister has been consulted on the contents of the draft legislation.

 

(4) Section 7(2) of this Act shall not affect—
(a) the ownership of an immovable structure, part of an immovable structure, or port or harbour installation or infrastructure; or
(b) the control, use and management of the sea space, including turning basins and channels, within a port or harbour,

existing prior to the commencement of this Act.

[Definition inserted by section 4(b) of Act No. 36 of 2014]