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

Chapter 11 : General Powers and Duties

Part 3 : Delegations

90. Enforcement by Minister

 

(1) The Minister may in writing request an MEC to take specified measures if the Minister is satisfied that the MEC is not taking adequate measures to—
(a) prevent or remedy adverse effects on coastal public property;
(b) implement or monitor compliance with national norms and standards;
(c) give effect to the national coastal management programme; or
(d) establish coastal management lines.

[Subsection (1)(d) substituted by section 53 of Act No. 36 of 2014]

 

(2) If the MEC does not comply with a request under subsection (1) the Minister may exercise any powers given to the MEC by this Act in order to take any measures referred to in the request, including the power—
(a) to issue coastal protection or coastal access notices and repair and removal notices delegated to the MEC in terms of sections 59 and 60, respectively;
(b) to take measures and to recover costs in terms of section 61; and
(c) to allow temporary occupation of land within the coastal zone and to take other measures in terms of section 67.

 

(3) The Minister may not lake any measures under subsection (2) without first consulting with the MEC and giving the MEC a reasonable opportunity to make representations.