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National Environment Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008)

Chapter 7 : Protection of Coastal Resources

Part 5 : General provisions

68. Amendment, revocation, suspension or cancellation of authorisations

 

(1) An issuing authority may amend, revoke, suspend or cancel a coastal authorisation issued in terms of this Act, if—
(a) the holder of the coastal authorisation contravenes or fails to comply with a condition subject to which the authorisation was issued;
(b) it is in conflict with a coastal management programme or will significantly prejudice the attainment of a coastal management objective;
(c) changes in circumstances require such amendment, revocation, suspension or cancellation; or
(d) it is necessary to meet the Republic's international obligations.

 

(2) An issuing authority must by written notice delivered to the holder of the coastal authorisation, or sent by registered post to the holder's last known address, request the holder to make written representations within a period of 30 days from the date of the notice as to why the coastal  authorisation should not be amended, revoked, suspended or cancelled, as the case may be.

 

(3) After the expiry of the period referred to in subsection (2) the issuing authority must consider the matter in the light of all relevant circumstances, including any representations made by the holder, and may—
(a) revoke the coastal authorisation;
(b) suspend the coastal authorisation for a period determined by the issuing authority;
(c) cancel the coastal authorisation from a date determined by the issuing authority;
(d) alter the terms or conditions of the coastal authorisation; or
(e) decide not to amend, revoke, suspend or cancel the authorisation.

 

(4) Notwithstanding subsections (2) and (3), the issuing authority may, whenever it is in the interests of the promotion, protection or utilisation on a sustainable basis of the coastal zone, at any time by written notice to the holder of a coastal authorisation amend, revoke, suspend or cancel the coastal authorisation.

 

(5) If the issuing authority intends to exercise the powers under subsection (4), subsection (2) shall apply with the necessary changes.

 

(6) If the Minister or an issuing authority has reason to believe that it is urgently necessary to exercise powers under subsection (1), (3) or (4) in order to protect the coastal environment or human health and well-being, the Minister or issuing authority may, by notice to the holder of a coastal authorisation, temporarily suspend the coastal authorisation and then follow the procedure referred to in subsection (3).

 

(7) A competent authority, when exercising the power to amend, withdraw or suspend an environmental authorisation in terms of the National Environmental Management Act, must consider the factors referred to in subsections (1), (4), (5) and (6) with the necessary changes.

 

[Section 68 substituted by section 39 of Act No. 36 of 2014]