| (1) |
The coastal boundaries of— |
| (2) |
The power of the Minister to determine or adjust the inland coastal boundary of coastal public property in terms of section 27, includes the power to make any consequential change to an adjoining coastal boundary of the coastal protection zone or coastal access land. |
| (3) |
The coastal boundaries referred to in subsection (1) may be determined or adjusted if— |
| (a) |
that coastal boundary— |
| (i) |
is uncertain or undefined; 10 |
| (ii) |
is subject to disputing claims; or |
| (iii) |
has shifted due to natural or artificial processes: or |
| (b) |
the Minister, MEC or municipality concerned on reasonable grounds believes that the objects of this Act will be achieved more effectively by doing so. |
| (4) |
When determining or adjusting a coastal boundary in terms of subsection (1), the Minister, MEC or municipality in question must— |
| (a) |
give interested and affected parties an opportunity to make representations in accordance with Part 5 of Chapter 6; |
| (i) |
any representations made by interested and affected parties; |
| (c) |
comply with any other requirements that may be prescribed. |
| (5) |
If the Minister or MEC determines or adjusts any coastal boundary under this section, he or she must immediately inform any municipality within whose area of jurisdiction the coastal boundary is situated to enable the municipality to reflect that coastal boundary on its zoning maps in accordance with section 31. |
| (6) |
The Minister, after consultation with the relevant MEC, must exercise the powers and perform the functions granted to the MEC in subsection (1)(b) if such power relates to any part of an area that— |
| (a) |
is a national protected area as defined in the Protected Areas Act; |
| (b) |
straddles a coastal boundary between two provinces; or |
| (c) |
extends up to, or straddles, the borders of the Republic. |
[Subsection (6) inserted by section 19 of Act No. 36 of 2014]
Implementation of Geneva Conventions Act, 2012
