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Coastal Management By-law, 2019
- Published in KwaZulu-Natal Provincial Gazette no. 2071 on 25 April 2019
- Assented to on 30 October 2018
- Commenced on 25 October 2019
- [Up to date as at 7 August 2020]
PreambleWHEREAS the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008) affords coastal municipalities powers to administer certain matters, aspects or functions of the aforesaid Act, such as matters contemplated in Sections 18(1), 20(2) and 50 of the said Act;AND WHEREAS the Municipality has legislative and executive competence relating to matters such as, but not limited to, Municipal planning, building regulations and standards, use of and access to beaches, and nuisances, as pertaining to the coastal zone;NOW THEREFORE the Council of the eThekwini Metropolitan Municipality, acting in terms of Section 156 of the Constitution of the Republic of South Africa, 1996, read with Part B of Schedules 4 and 5 of the Constitution, Section 50 of the National Environmental Management: Integrated Coastal Management Act, 2008 and Section 11 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), hereby makes the following By-law:
1. DefinitionsIn this By-law, unless the context indicates otherwise-"Act" means the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008);"Air Quality Act" means the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004);"authorised official" means a person authorised to implement the provisions of this By-law, including but not limited to-(a)peace officers as contemplated in Section 334 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977);(b)Municipal or metropolitan police officers as contemplated in the South African Police Service Act, 1995 (Act No. 68 of 1995); and(c)such employees, agents, delegated nominees, representatives and service providers of the Municipality as are specifically authorised by the Municipality in this regard: Provided that for the purposes of search and seizure, where such person is not a peace officer, such person must be accompanied by a peace officer;"Biodiversity Act" means the National Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004);"coastal area" means land that constitutes the coastal zone of a coastal municipality;"coastal management" includes-(a)the regulation, management, protection, conservation and rehabilitation of the coastal environment;(b)the regulation and management of the use and development of the coastal zone and coastal resources;(c)monitoring and enforcing compliance with laws and policies that regulate human activities within the coastal zone; and(d)planning in connection with the activities referred to in paragraphs (a), (b) and (c);"coastal municipality" means any Municipality of the Republic of South Africa which has within its area of jurisdiction any land or portion thereof abutting any sea, irrespective of the person who owns or controls such land;"coastal planning scheme" means a scheme that-(a)reserves defined areas within the coastal zone to be used exclusively or mainly for specified purposes; and(b)prohibits or restricts any use of the areas contemplated in paragraph (a) in conflict with the terms of the scheme;"coastal protection zone" means a coastal protection zone contemplated in Section 17 of the Act;"coastal zone" means a coastal zone as defined in the Act;"Constitution" means the Constitution of the Republic of South Africa, 1996;"Council" means the eThekwini Municipal Council, a Municipal council as contemplated in Section 157(1) of the Constitution;"development" in relation to land, means any processes initiated by a person to change the use, physical nature or appearance of that place and includes-(a)the construction, erection, alteration, demolition or removal of a structure or a building;(b)a process to rezone, subdivide or consolidate land;(c)changes to the existing or natural topography of the coastal zone; and(d)the destruction or removal of indigenous or protected vegetation;"Integrated Development Plan" means a plan contemplated in Section 25 of the Municipal Systems Act;"littoral active zone" means any land forming part of, or adjacent to, the seashore that is-(a)unstable and dynamic as a result of natural processes; and(b)characterised by dunes, beaches, sand bars and other land forms composed of unconsolidated sand, pebbles or other such material which is-(i)unvegetated; or(ii)only partly vegetated;"Marine Living Resources Act" means the Marine Living Resources Act, 1998 (Act No. 18 of 1998);"Marine Pollution (Control and Civil Liability) Act" means the Marine Pollution (Control and Civil Liability) Act, 1981 (Act No. 6 of 1981);"Marine Pollution (Prevention of Pollution from Ships) Act" means the Marine Pollution (Prevention of Pollution from Ships) Act, 1986 (Act No. 2 of 1986);"Mineral and Petroleum Resources Development Act" means the Mineral and Petroleum Resources Development Act, 2002 (Act No. 28 of 2002);"Mountain Catchment Areas Act" means the Mountain Catchment Areas Act, 1970 (Act No. 63 of 1970);"Municipality" means the eThekwini Municipality, a category A Municipality as envisaged in terms of Section 155(1) of the Constitution and established in terms of PN 343 of 2000 (KZN);"Municipal Coastal Committee" means the Municipal coastal committee of the Municipality as contemplated in Section 8 of this By-law;"Municipal Coastal Management Programme" means a programme established in accordance with Chapter 6 of the Act, and "Programme" shall have a corresponding meaning;"Municipal Manager" means the official of the Municipality appointed in terms of Section 54A of the Municipal Systems Act;"Municipal Systems Act" means the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000);"National Environmental Management Act" means the National Environmental Management Act, 1998 (Act No.107 of 1998);"National Environmental Management: Integrated Coastal Management Act" means the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008);"National Forests Act" means the National Forests Act, 1998 (Act No. 84 of 1998);"National Ports Act" means the National Ports Act, 2005 (Act No. 12 of 2005);"person" means a natural or juristic person;"Protected Areas Act" means the National Environmental Management: Protected Areas Act, 2003 (Act No. 57 of 2003);"Sea Birds and Seals Protection Act" means the Sea Birds and Seals Protection Act, 1973 (Act No. 46 of 1973);"seashore" means the seashore as defined in the Act;"Waste Act" means the National Environmental Management: Waste Act, 2008 (Act No. 59 of 2008);"World Heritage Convention Act" means the World Heritage Convention Act, 1999 (Act No. 49 of 1999); and"Wreck and Salvage Act" means the Wreck and Salvage Act, 1996 (Act No. 94 of 1996).
2. Interpretation of By-lawIn the event of a conflict in interpretation between the English version of this By-law and a translated version, the English version prevails.
Objects of By-law
3. Objects of By-lawThe objects of this By-law are to-(a)fulfil the responsibilities and duties assigned to the Municipality by the Act;(b)ensure sustainable use and development of the coastal area by aligning Municipal planning with the Act;(c)establish the Municipal Coastal Committee and give effect to the Municipal Coastal Management Programme;(d)promote the protection of the natural environment of the coastal zone;(e)promote cooperative governance between the Municipality and other relevant spheres of government relating to the management of the coastal zone; and(f)promote fair and equitable access to the coastal zone by members of the public.
4. Application of By-law
5. Applicable lawsThis By-law must be read in conjunction with all applicable legislation, including but not limited to-(a)Air Quality Act;(b)Biodiversity Act;(c)Marine Living Resources Act;(d)Marine Pollution (Control and Civil Liability) Act;(e)Marine Pollution (Prevention of Pollution from Ships) Act;(f)Mineral and Petroleum Resources Development Act;(g)Mountain Catchment Areas Act;(h)National Environmental Management Act;(i)National Environmental Management: Integrated Coastal Management Act;(j)National Forests Act;(k)National Ports Act;(l)Protected Areas Act;(m)Sea Birds and Seals Protection Act;(n)Waste Act;(o)World Heritage Convention Act;(p)Wreck and Salvage Act; and(q)any other applicable By-law of eThekwini Municipality.
Municipal mandate and role in integrated coastal management
6. Municipal mandate and role in integrated coastal managementThe role and mandate of the Municipality in integrated coastal management includes, but is not limited to, ensuring-(a)that the Municipality gives full effect and value to the principles underlying the Act;(b)proper management and control of the coastal zone for the common good of all;(c)that the Municipality upholds and aligns itself to the principles of cooperative governance-(i)between itself and other spheres of government and organs of state; and(ii)within the various departments of the Municipality, on all matters concerning integrated coastal management;(d)that development in the coastal zone takes place in a manner and on a scale that promotes and supports integrated coastal management;(e)that access to the coastal zone and any portion or component thereof is effectively regulated and managed; and(f)that the natural assets occurring within the Municipality's coastal zone are regulated, conserved and protected for both the current generation, and future generations.
7. Municipal administrative capacity relating to integrated coastal management
8. Municipal Coastal Committee
9. Role of Municipal Coastal CommitteeThe role of the Municipal Coastal Committee is as contemplated in Section 42(4) of the Act and includes, but is not limited to, the following-(a)promoting integrated coastal management within the area of jurisdiction of the Municipality;(b)ensuring the co-ordinated and effective implementation of the Act and the Municipal Coastal Management Programme;(c)providing advice and support to the Municipality on matters concerning integrated coastal management;(d)providing advice and support to the Municipality on the development, finalisation, reviewing and amendment, as the case may be, of the Municipal Coastal management Programme;(e)monitoring and reporting on the implementation of the Municipal Coastal Management Programme;(f)promoting a co-ordinated, inclusive and integrated approach to coastal management within the Municipality by providing a forum for dialogue, cooperation and co-ordination between the key organs of state and other persons involved in coastal management within the area of jurisdiction of the Municipality;(g)promoting the achievement of the integrated coastal management objectives of the Municipality in line with the Municipality’s Integrated Development Plan, Spatial Development Framework, and any other Municipal plans, tools, programmes or policies that affect the coastal environment; and(h)performing any coastal governance function delegated to it by the Municipality.
10. Powers of Municipal Coastal Committee
11. Cooperative governance and integrated coastal management
Municipal Coastal Management Programme
12. Municipal Coastal Management Programme
13. Contents of Municipal Coastal Management ProgrammeThe Municipal Coastal Management Programme must contain details on matters-(a)as contemplated in Section 12 of this By-law;(b)as contemplated in Section 49 of the Act; and(c)which give effect to the promotion of the effective management of the coastal zone.
14. Public participation
15. Alignment with provincial and national coastal management programmes
16. Municipal statutory spatial tools and instruments
17. Legal effect of Municipal Coastal Management Programme
18. Amendment and review of Municipal Coastal Management ProgrammeThe review of the Municipal Coastal Management Programme must occur as contemplated in Section 55 of the Act.
19. Prohibition of activities inconsistent with Municipal Coastal Management ProgrammeUnless authorised by law, all conduct or activities inconsistent with the Municipal Coastal Management Programme are prohibited, and may in some instances attract both civil and criminal sanctions, as contemplated in, but not limited to, Chapters 11 and 12 of this By-law.
The coastal protection zone
20. Municipal mandate and responsibility
21. Powers to regulate, control and restrict activities in coastal protection zone
22. Prohibited conductA person may not perform any act or omission that harms or may harm the coastal protection zone.
23. Development within coastal protection zoneA person may not develop on land within the coastal protection zone, except in accordance with the requirements of the Programme.
Access to coastal public property
24. Municipal mandate and responsibility
25. Designation of coastal access landThe designation and withdrawal of the designation of coastal access land must take place in compliance with the Programme, read with Section 19 of the Act.
26. General provision relating to conduct within coastal public property
Protection of coastal environment
27. General environmental protection in coastal zone
28. Coastal protected areas
29. Powers to regulate, control and restrict development in coastal zone
Coastal set-back lines and coastal boundaries
30. Delineation of coastal set-back lines on maps for zoning schemes
31. Compliance noticeThe Municipality must issue a compliance notice to any person who has contravened any provision of this By-law, requiring such person to comply with the notice in a manner and within the time specified in the notice.
32. Municipal remedial work and recovery of costsThe Municipality may, to the extent it deems practicable and necessary, act in order to avert or remedy any harm on the coastal zone caused by a person who has contravened any provision of this By-law, and may recover any associated costs from such person.
Offences and penalties
37. Short title and commencementThis By-law is called the eThekwini Municipality: Coastal Management By-law, 2018 and takes effect six months from the date of publication thereof or such earlier date as may be determined by the publication of a commencement notice in the Provincial Gazette.
- Entire By-law
- Chapter 1 – Interpretation
- Chapter 2 – Objects of By-law
- Chapter 3 – Application
Chapter 4 – Municipal mandate and role in integrated coastal management
- 6. Municipal mandate and role in integrated coastal management
- 7. Municipal administrative capacity relating to integrated coastal management
- 8. Municipal Coastal Committee
- 9. Role of Municipal Coastal Committee
- 10. Powers of Municipal Coastal Committee
- 11. Cooperative governance and integrated coastal management
Chapter 5 – Municipal Coastal Management Programme
- 12. Municipal Coastal Management Programme
- 13. Contents of Municipal Coastal Management Programme
- 14. Public participation
- 15. Alignment with provincial and national coastal management programmes
- 16. Municipal statutory spatial tools and instruments
- 17. Legal effect of Municipal Coastal Management Programme
- 18. Amendment and review of Municipal Coastal Management Programme
- 19. Prohibition of activities inconsistent with Municipal Coastal Management Programme
- Chapter 6 – The coastal protection zone
- Chapter 7 – Access to coastal public property
- Chapter 8 – Protection of coastal environment
- Chapter 9 – Coastal set-back lines and coastal boundaries
- Chapter 10 – Enforcement
- Chapter 11 – Offences and penalties
- Chapter 12 – General provisions
History of this By-law
25 October 2019By-law commences.
25 April 2019 this versionPublished in KwaZulu-Natal Provincial Gazette no. 2071
30 October 2018Assented to by council.