| (1) |
The Minister or MEC, may issue a written repair or removal notice to any person responsible for a structure on or within the coastal zone if that structure either prior to or after the commencement of this Act— |
[Words preceding section 60(1)(a) substituted by section 59(a) of the National Environmental Management Laws Amendment Act 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125, GG48869, dated 30 June 2023]
| (a) |
has had, is having or is likely to have, an adverse effect on the coastal environment by virtue of its existence, because of its condition or because it has been abandoned; or |
| (b) |
has been erected, constructed or upgraded in contravention of this Act or any other law. |
[Section 60(1)(a) substituted by section 59(b) of the National Environmental Management Laws Amendment Act 2022, GG46602, dated 24 June 2022: Commencement by Proclamation 125, GG48869, dated 30 June 2023]
| (2) |
Before exercising a power to issue a repair and removal notice under subsection (1), the Minister or MEC must— |
| (a) |
consult with any other organ of state that authorised or is competent to authorise the undertaking of the activity or proposed activity concerned; and |
| (b) |
give the person to whom the repair and removal notice is to be addressed an opportunity to make representations. |
| (3) |
[Subsection (3) deleted by section 31 of Act No. 36 of 2014] |
| (4) |
A repair and removal notice in terms of subsection (1)— |
| (i) |
the reasons for the notice; and |
| (ii) |
that the person to whom it is addressed may appeal against the notice in terms of Chapter 9; and |
| (b) |
may instruct the person responsible for the structure— |
| (i) |
to remove the structure from the coastal zone or place where it is situated within a specified period; |
| (ii) |
to rehabilitate the site and as far as is reasonable, to restore it to a natural state; |
| (iii) |
to repair the structure to the satisfaction of the Minister or the MEC within the time stated in the notice; or |
| (iv) |
to take any other appropriate steps in terms of this Act or any other applicable legislation to secure the removal or repair of the structure. |
| (5) |
If a person responsible for a structure referred to in subsection (1) cannot readily be found, the Minister or the MEC, instead of issuing a notice in accordance with subsection (4), may— |
| (a) |
publish a notice that complies with the provisions of subsection (2) once in the Gazette and once a week for two consecutive weeks in a newspaper circulating in the area in which the structure in question is situated; and |
| (b) |
affix a copy of the notice to the structure in question during the period of advertisement. |
Public Service Commission Act, 1997
