Enactment of the Integrated Coastal Management Act

The Integrated Coastal Management Act (ICMA) comes into effect today, 1 December 2009. The ICMA is the first legal instrument of its kind, in South Africa, dedicated to managing our coastline in an integrated fashion and ensuring the sustainable use of the coast’s natural resources.

The Act offers a new approach to managing the activities of people in the coastal zone. The objectives of the ICMA are to:

* determine the coastal zone of the Republic
* provide, within the framework of the National Environmental Management Act, for the co-ordinated and integrated management of the coastal zone by all spheres of government in accordance with the principles of co-operative governance
* preserve, protect, extend and enhance the status of coastal public property as being held in trust by the State on behalf of all South Africans, including future generations
* secure equitable access to the opportunities and benefits of coastal public property and
* give effect to South Africa’s obligations in terms of international law regarding coastal management and the marine environment.

South Africa’s coastline has great value and importance. In the past, the value of the coast and its ecosystems as a cornerstone for development was not sufficiently acknowledged in decision making in South Africa. The value of the direct benefits obtained from coastal “goods and services” was estimated in 1998 to be about R168 billion annually, which was equivalent to about 35 percent of our annual gross domestic product (GDP). Much of the wealth locked up in our coast continues to be wasted due to environmentally insensitive development and poor decision making. Economic and social opportunities for wealth creation and equity are being missed, coastal ecosystems are being degraded and people’s property and lives are being put at risk.

Coastal management in South Africa has experienced a number of paradigm shifts or different phases since the 1970s, each with different policy approaches and management practices. This “evolution” of integrated coastal management has culminated in this tool that recognises the ecological, social and economic interactions within the ocean and land interface. The act is based on a national vision for the coast, which includes the socially justified sharing of benefits derived from a resource rich coastal area without compromising the ability of future generations to access those benefits.

The act will be implemented in a phased approach. The following sections of the Act are scheduled to enter into force at a later stage:

* Section 11: ownership of coastal public property
* Section 65: award of leases and concessions on coastal public property
* Section 66: terms of coastal leases and coastal concessions
* Section 95: existing leases on, or rights to, coastal public property
* Section 96: unlawful structures on coastal public property
* Section 98: repeal of legislation

The reason for not bringing these sections of the Integrated Coastal Management Act into force at this stage is to allow for further consultation between the department, the Department of Public Enterprises and Transnet, primarily related to technical aspects of how best to deal with leases and concessions within proclaimed port areas.

For further information contact:
Zolile Nqayi
Cell: 082 898 6483
Tel: 021 402 3207
E-mail: znqayi@deat.gov.za

Issued by: Department of Environmental Affairs
1 December 2009

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