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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

7B. Reclamation of land for state infrastructure

 

(1) No organ of state may reclaim land for the development of state infrastructure unless authorised by the Minister.

 

(2) The Minister may, on application, approve reclamation in terms of this section.

 

(3) An application for reclamation must be—
(a) accompanied by—
(i) a detailed plan of how the land will be developed and utilised for the benefit of the State;
(ii) an assessment of whether there is any alternative land available and why such land cannot be used;
(iii) an explanation of the purpose for which the land is to be reclaimed;
(iv) detailed information on how development will be funded; and
(v) any other relevant information;
(b) submitted to the Minister for pre-approval prior to any application for an environmental authorisation in terms of Chapter 5 of the National Environmental Management Act; and
(c) published by notice in the Gazette for public comment by the Minister for a period of no less than 60 days.

 

(4) If an environmental authorisation is refused, a pre-approval in terms of subsection (3)(b) becomes invalid.

 

(5) If an environmental authorisation is granted, the applicant must resubmit to the Minister the application, the environmental authorisation and other documents related to the reclamation for a final decision.

 

(6) A final decision made by the Minister in terms of subsection (5) must be tabled in Parliament within 60 days of the decision.

 

(7) Any land reclaimed for the development of state infrastructure vests in the organ of state applying for such reclamation.

 

(8) Unless authorised by the Minister, land reclaimed in terms of subsection (2) may not be utilised other than in accordance with the purpose stated in the original application and conditions of the authorisation.

 

(9) The Minister may, when approving a reclamation application, make the approval subject to any conditions or title deed restrictions.

 

(10) Before making a decision in terms of this section, the Minister must consult with any organ of state that may be affected by such decision.

 

[Section 7B inserted by section 6 of Act No. 36 of 2014]