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The new integrated coastal management bill in South Africa |
South Africa has been governing its coast by an Act that was formulated more than seven decades ago—the Sea Shore Act 21 of 1935. Finally, a new piece of legislation is about to replace this age old Act. The new Integrated Coastal Management Bill has been published for comments through a public participation process, and some DLIST users have posted their comments on the discussions. But why should all of us care about the new Integrated Coastal Management Bill?
The South African coast’s abundance in natural resources and biodiversity has made it a huge economic asset to the country, estimated at R350 million in direct benefits. The country has one of the highest coastal populations in Africa and some of these communities constitute the poorest of the poor. Yet the coast provides these coastal communities with an opportunity to improve their livelihoods and way of life.
Due to their economic potential and beauty, the coastal areas are highly sought after in the property market (read more about this topic here). Developers find in the coast a golden opportunity to secure investments, develop golf courses, holiday resorts, luxury homes, hotels and apartments. The desirable location and attractive lifestyle, together with growing ports and associated economies, has facilitated the spread of cities and towns along the coast and attracted even more inland residents and foreigners. As a result, development together with overfishing, pollution and litter, dumping and mining are real threats facing our coast.
The Sea Shore Act had various shortcomings in that it did not make adequate provision for the management of zones above the high water mark (including the beach and sand dunes) and for physical access to all, or it failed to conform to the constitutional framework. Drawing heavily on the White Paper for Sustainable Coastal Development in South Africa of 2000, the new Bill tries to incorporate these issues and provide a management framework that promotes integration, community participation and coordination of efforts.
Wider coastal access
There are various notable points that need to be made about the current Bill. Firstly, the Bill provides public access of the coast to all citizens, thus making it “coastal public property”. In the past, coastal resorts have prevented local communities from accessing the sea, their main form of livelihood production. Privately owned homes and beach front apartments also prevented people from enjoying the coast. According to the new Bill, these elite resorts and developments may be compelled to provide public access to the coast. The definition of coastal public property excludes the area of beach and dunes that is above the high water mark. There is still debate on whether the Bill will restrict the purchasing of coastal land by foreigners.
Controlled development near the coast
Secondly, the Bill encompasses a wider geographic area called the “coastal buffer zone” in which certain activities are prohibited. This zone, according to section 16, includes the littoral zone, coastal protected areas, land which is situated 100 m inland of the high water mark, any coastal wetland, lake, lagoon, etc. The coastal buffer zone is important to ensure that developments are not established too close to the coast, thus facilitating the protection of people and property in the anticipation of rising sea levels. It also aims to protect the natural environment, habitats, ecosystems and processes from incurring developments.
Municipal management
The new Bill also brings added responsibilities for municipalities (sections 18 to 20). Within four years of the signing of the Act, each municipality with access to the coast must designate coastal access land as a by law. The municipality becomes henceforth responsible for the sustainable management of this area and accountable for erecting signage, controlling the use of activities on that land, ensuring public access, and providing adequate facilities such as boardwalks. To accomplish this, municipalities must prepare, adopt and implement a municipal coastal management plan.
Integrated coastal management will be facilitated through a National Coastal Committee and Provincial Coastal Committees. The intention is to ensure cooperation between all spheres of government and between organs of state and other stakeholders. However, it has been pointed out on the DLIST Discussions that some local municipalities in South Africa do not have any management protocol to deal with coastal environmental issues. Therefore the question arises as to whether the new Bill places too much added responsibilities on the local municipalities’ current setup.
All in all, it is a much needed and long awaited piece of legislation. A means to finally legally enforce sustainable management practices along our coast. The public participation process will hopefully have triggered fruitful discussions and a stronger awareness of everybody’s roles in managing our coast—be it the general public, local municipalities, national government, the private sector or NGOs. You can share your views about the new Bill on the Discussions and read the Bill for comments as well as background information in the Document Library.
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