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

Chapter 2 : Coastal Zone

Part 1 : Coastal public property

7. Composition of coastal public property

 

(1)        Coastal public property consists of—

(b) land submerged by coastal waters, including—
(i) land flooded by coastal waters which subsequently becomes part of the bed of coastal waters; and
(ii) the substrata beneath such land;
(c) any natural island within coastal waters;
(d) the seashore, including—
(i) the seashore of a natural or reclaimed island; and
(ii) the seashore of reclaimed land;
(e) subject to section 66A, any admiralty reserve owned by the State;
(f) any land owned or controlled by the State declared under section 8 to be coastal public property;
(g) land reclaimed in terms of section 7C; or
(h) any natural resources on or in any coastal public property of a category mentioned in paragraphs (a) to (g).

 

(2) Notwithstanding the provisions of subsection (1), coastal public property does not include—
(a) any—
(i) immovable structure, or part of an immovable structure; or
(ii) installation or infrastructure located in a port or harbour,

whether located on land or the seabed, lawfully constructed by an organ of state.

(b) any portion of the seashore below the high-water mark, which was lawfully alienated before the Sea-shore Act, 1935 (Act No. 21 of 1935), took effect, or which was lawfully alienated in terms of that Act, and which has not subsequently been re-incorporated into the seashore;
(c) any part of an island that was lawfully alienated before this Act commenced; or
(d) any portion of a coastal cliff that—
(i) was lawfully alienated before this Act took effect; and
(ii) is not owned by the State.

 

[Section 7 substituted by section 5 of Act No. 36 of 2014]