08 December
2006 - Media Statement - STATEMENT BY THE OFFICE
OF THE MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM,
MARTHINUS VAN SCHALKWYK, ON 8 DECEMBER 2006 -
Integrated Coastal Management Bill to preserve
the integrity of SA’s coastline - “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 & 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:
Provide a legal and administrative
framework that will promote cooperative, coordinated
and integrated coastal development;
Preserve, protect and enhance the status of the
coastal environment as the heritage of all;
Ensure coastal resources are managed in the interests
of the whole community;
Ensure there is equitable access to the opportunities
and benefits derived from the coast; and
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 over-arching 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.”
