South Africa's coastline
8 December 2006
"I am pleased to announce that Cabinet has approved the Integrated Coastal
Management Bill for release for public comment. The Bill will be gazetted on 15
December 2006 and as it is a complex Bill it will be open for public comment
for a period of 90 days," said Marthinus van Schalkwyk, Minister of
Environmental Affairs and Tourism.
Commenting on the reason for introducing the Bill the Minister said, "As in
many other coastal areas of the world, South Africa's coastline is recognised
as a national treasure that provides enormous social and economic benefits.
However, the coast is not currently being managed and developed in a way that
makes best use of its resources. Economic and social opportunities for wealth
creation and equity are being missed and coastal ecosystems are being
degraded."
The Minister explained the significance of the proposed legislation, "The
Integrated Coastal Management Bill provides the legal means for implementing
the far sighted White Paper for Sustainable Coastal Development in South Africa
of April 2000. The Bill replaces the 1935 Seashore Act and the 1980 Control of
Dumping at Sea Act and introduces, for the first time, a comprehensive national
system for planning and managing South Africa's spectacular and valuable
coastal areas."
Preserving an ancient commons for future generations
The Minister expanded on the historical context of the Bill, "Since before
Roman times, the seashore was defined as the common property of everyone. The
Bill builds on this ancient principle by declaring the seashore, tidal waters
(such as estuaries) and South Africa's territorial seas to be coastal public
property. The Bill requires the State to act as the trustee of coastal public
property and to ensure that it is conserved and used for the benefit of the
whole community including future generations."
"In the past there have been areas where the public's right to enjoy the
seashore has been rendered meaningless by exclusive developments which prevent
people gaining access to the beach. In some cases, elite coastal resorts have
prevented fishing communities and the public using traditional access routes to
the beach or hiking trails along coastal cliffs. The new Bill will require that
public access servitudes be established along the coast to ensure that everyone
can get access to the coast to enjoy our natural heritage."
Fundamentally, the purpose of the National Coastal Management Bill is
to:
1. provide a legal and administrative framework that will promote
co-operative, co-ordinated and integrated coastal development
2. preserve, protect and enhance the status of the coastal environment as the
heritage of all
3. ensure coastal resources are managed in the interests of the whole
community
4. ensure there is equitable access to the opportunities and benefits derived
from the coast
5. to give effect to certain of South Africa's international law
obligations.
Responding to sea level rise and climate change
The Minister explained further, "The Bill also provides new measures to
protect coastal areas from being degraded by inappropriate developments and
pollution. It will establish a buffer zone inland of the high water mark within
which certain activities will be prohibited and additional development controls
will be applied. It also gives government the power to prevent development too
close to the sea by establishing 'set back lines.' These measures are important
not only to preserve the beauty of coastal landscapes but also to respond to
threats posed by, for example, rising sea levels associated with climate change
or dynamic coastal processes."
Greater controls over marine pollution
Minister Van Schalkwyk also addressed the impact of the Bill on pollution,
"Dumping and incineration at sea will continue to be prohibited in accordance
with South Africa's international obligations and there will be greater control
over the discharge of pollutants via sea outfall pipes."
Creating an integrated system of coastal management
The Minister remarked, "Another innovation of the Bill is the establishment
of a comprehensive system of coastal planning. For the first time national,
provincial and municipal plans and policies aimed at ensuring that the coast is
conserved and developed in an ecologically sustainable way will have a firm
legal basis. National government, coastal provinces and coastal municipalities
will be given powers to establish Coastal Management Programmes (CMPs) that set
specific, enforceable, coastal management objectives that will guide decision
makers. For example, if a coastal management objective was to maintain a
certain quality of water at a bathing beach, no public body would authorise any
activity that would prevent that objective being met."
"Already several provinces and municipalities have draft CMPs in place and
we can expect the management of the coast to improve dramatically once the Bill
is passed and they have the legal teeth to enforce these CMPs. The Bill is
designed to replace inefficient and uncoordinated approaches to coastal
management with one of the most progressive integrated management systems in
the world. It will also enable different government departments to work
together and eventually to combine a range of existing authorisations into a
single integrated coastal permit for coastal developments."
Control of illegal coastal structures
The Minister stressed that, "The Bill provides for government to exercise
better control over structures erected illegally in the coastal zone, e.g.
houses, jetties and retaining walls. This is the first piece of legislation
that gives authority to control illegal structures through issuing of repair
and removal notices. This will help government ensure that the ecological
integrity of the coastal zone is not compromised."
Estuaries
The Minister also indicated that, "The Bill makes provision for improved
estuarine management in South Africa through the development of an overarching
national estuarine management protocol and management plans for individual
estuaries."
The importance of public participation
"The new Integrated Coastal Management Bill is both far-reaching and
progressive. It is of great importance not only to us all but also to future
generations. I urge anyone who has an interest in the protection and
sustainable use of the coast to participate in the process of finalising the
Bill by contributing positive suggestions as to how we might further improve
it."
"We are now on an accelerated path to decisive action that will eliminate
historical confusion, provide clear parameters for the planning of future
coastal developments and create economic opportunities by increasing access to
our coastal public property."
Enquiries:
Blessing Manale
Cell: 083 381 2939
Riaan Aucamp
Cell: 083 778 9923
Issued by: Ministry of Environmental Affairs and Tourism
8 December 2006
