| (1) |
The Minister may make regulations relating to any matter which this Act requires to be dealt with in regulations or that may be necessary to facilitate the implementation of this Act, including, but not limited to, regulations relating to— |
| (b) |
the sustainable use of coastal resources in order to address poverty in communities dependent on coastal resources for their livelihood; |
| (c) |
the sustainable use of coastal resources; |
| (i) |
public access to coastal public property; |
| (ii) |
the rehabilitation of coastal public property; |
| (iii) |
fees, costs and rents for the use of coastal public property; and |
| (iv) |
research conducted within, or in respect of, coastal public property; |
| (f) |
the establishment of national norms, standards and frameworks to implement this Act, including systems, guidelines, protocols, procedures, standards and methods, concerning— |
| (i) |
the content and regular revision of the coastal management programmes of provinces and municipalities; |
| (ii) |
the implementation and enforcement of coastal management programmes: |
| (iii) |
the monitoring of the implementation of coastal management programmes and the performance of any functions contemplated in this Act, including indicators to evaluate effectiveness and progress; |
| (iv) |
the amendment of coastal planning schemes; |
| (v) |
the quality of coastal public property and coastal ecosystems; |
| (vi) |
the factors that must be taken into account when deciding applications; |
| (vii) |
the circumstances in which exemption may be given from compliance with a coastal management programme; |
| (ix) |
the outcomes that must be achieved by managing and treating all or any category of effluent, discharges from storm-water drains, or waste or other material, before it is discharged or deposited on or in coastal public property or in a place within the coastal zone from where it is likely to enter coastal public property, including those relating to the kind, quantity and characteristics of effluent, waste or other material that may be discharged or deposited; |
| (x) |
who should monitor and analyse effluent, waste or other material referred to in subparagraph (ix) and the methods that should be used to do so; |
| (xi) |
the appointment, training, powers and supervision of voluntary coastal officers; |
| (xii) |
public safety and behaviour on coastal public property; or |
| (xiii) |
any activity which has an adverse effect on the coastal environment. |
| (g) |
the procedures to be followed with the lodging and consideration of applications for coastal authorisations, including— |
| (i) |
the conditions with which applicants must comply before or after the lodging of their applications; |
| (ii) |
the application fees to be paid; |
| (iii) |
the authorities that will be competent to issue the different categories of coastal authorisations; |
| (iv) |
the consultation procedures to be followed with organs of state and other interested and affected parties; |
| (v) |
the authorities whose consent is required before coastal authorisations may be issued; |
| (vi) |
the procedures for objecting to such applications; |
| (vii) |
the powers of issuing authorities when considering and deciding such applications: |
| (viii) |
the factors that must be taken into account when deciding applications; |
| (ix) |
the circumstances in which applications must be refused or may be approved and guidelines as to the conditions on which permits may or must be issued; and |
| (x) |
the process to be followed for the award of coastal authorisations; |
[Subsection (1)(g) substituted by section 47(a) of Act No. 36 of 2014]
| (h) |
the contents of coastal authorisations; |
| (i) |
the giving of security in respect of any obligation that may arise from carrying out activities authorised by coastal authorisations, and the form of such security; |
| (j) |
the procedure to be followed in connection with the lodging and consideration of appeals in terms of Chapter 9, including— |
| (ii) |
the conditions with which appellants must comply before or after the lodging of their appeals; |
| (iii) |
[Subsection (1)(j)(iii) deleted by section 47(b) of Act No. 36 of 2014]; |
| (iv) |
the circumstances in which a temporary stay may be granted in the carrying out of notices in terms of section 59 or 60, or an amendment, revocation, suspension or cancellation of coastal authorisations in terms of section 68; |
| (k) |
methods, procedures and conditions of enforcing compliance with coastal authorisations; |
| (I) |
the issuing and contents of notices to persons who have contravened or failed to comply with— |
| (i) |
a provision of this Act; |
| (ii) |
a coastal management programme; or |
| (iii) |
a condition of a coastal authorisation; |
| (m) |
training, education and public awareness programmes on the protection, conservation and enhancement of the coastal environment and the sustainable use of coastal resources; |
| (n) |
the presence and use of vehicles and aircraft within the coastal zone; |
| (p) |
the seizing, removal and disposal of vehicles, vessels, aircraft or property suspected of being used in the commission of an offence under this Act and of coastal resources suspected of having been illegally obtained; |
| (q) |
methods, procedures and conditions for obtaining access to relevant information, including entry to private property; and |
| (r) |
the issuing and contents of coastal authorisations. |
[Subsection (1) substituted by section 47 of Act No. 36 of 2014]
| (2) |
The Minister must obtain the consent of the Minister of Finance before making any regulation that— |
| (a) |
will entail the expenditure of funds in future years; or |
| (b) |
prescribes application fees for, or other monies in relation to, dumping permits or coastal waters discharge permits. |
| (3) |
The Minister must consult with — |
| (a) |
the Minister of Finance before making any regulations imposing fees, costs or rents; |
| (b) |
the Minister responsible for water affairs before making any regulations concerning estuaries; or |
| (c) |
the MEC and municipalities before making any regulations concerning the coastal zone within that province. |
Public Service Commission Act, 1997
