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

Chapter 2 : Coastal Zone

Part 2 : Coastal protection zone

16. Composition of coastal protection zone

 

(1) Subject to subsection (2) and section 26, the coastal protection zone consists of—

[Words preceding subsection (1)(a) substituted by section 12(a) of Act No. 36 of 2014]

(a) land falling within an area declared in terms of the Environment Conservation Act, 1989 (Act No. 73 of 1989), as a sensitive coastal area within which activities identified in terms of section 21(1) of that Act may not be undertaken without an authorisation;
(b) any part of the littoral active zone that is not coastal public property;
(c) any coastal protected area, or part of such area, which is not coastal public property;

[Subsection (1)(c) substituted by section 12(b) of Act No. 36 of 2014]

(d) any land unit situated wholly or partially within one kilometre of the high-water mark which, when this Act came into force—
(i) was zoned for agricultural or undetermined use; or
(ii) was not zoned and was not part of a lawfully established township, urban area or other human settlement;
(e) any land unit not referred to in paragraph (d) that is situated wholly or partially within 100 metres of the high-water mark;
(f) any coastal wetland, lake, lagoon or dam which is situated wholly or partially within a land unit referred to in paragraph (d)(i) or (e);
(fA) the part of a river which is situated within a land unit referred to in paragraph (d)(i) or (e); and

[Subsection (1)(fA) inserted by section 12(c) of Act No. 36 of 2014]

(g) any part of the seashore which is not coastal public property, including all privately owned land below the high-water mark;
(h) any admiralty reserve which is not coastal public property; or
(i) any land adjacent to an area referred to in paragraphs (a) to (h) that would be inundated by a 1:100 year flood or storm event.

[Subsection (1)(i) substituted by section 12(d) of Act No. 36 of 2014]

 

(2) An area forming part of the coastal protection zone, except an area referred to in subsection (1)(g) or (h), may be excised from the coastal protection zone in terms of section 26.

 

 


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