Public Service Commission Act, 1997
R 385
National Environment Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008)Chapter 12 : Miscellaneous mattersPart 1 : Transitional provisions96. Unlawful structures on coastal public property |
| (1) | A person who, before this section took effect, had unlawfully constructed a building or other structure on coastal public property or who, when this section took effect, occupied a building or other structure unlawfully built on coastal public property must— |
| (a) | within 180 days of the publication of the Gazette notice contemplated in section 65(1)(a)(ii), apply for a coastal use permit if the activity is listed in terms of section 65(1)(a)(ii); or |
| (b) | within 180 days of the publication of the Gazette notice contemplated in section 65(1)(a)(i), demolish the building or structure and as far as reasonably possible, restore the site to its condition before the building or other structure was built, if the activity is prohibited in terms of section 65(1)(a)(i); and must notify the Department with proof of such demolition and restoration. |
| (2) | If a person referred to in subsection (1) applies for a coastal use permit in accordance with section 65(3)(a) and the application is refused by the Minister, that person must demolish the building or structure and, within a reasonable period, as determined by the Minister when refusing the application, as far as reasonably possible restore the site to its condition before the building or other structure was built. |
| (3) | If a person who in terms of subsection (1) or (2) is obliged to demolish the building or structure and to restore the site to its original condition, fails to do so within the period specified in subsection (1)(b) or specified by the Minister in subsection (2), the Minister may, under section 60, issue a written repair or removal notice to that person. |
| (3A) | If appropriate, before issuing a notice as contemplated in subsection (3), the Minister must consider the effect this may have on the elderly, children, disable persons and households headed by women, particularly in low-income households. |
| (4) | This section does not affect— |
| (a) | any legal proceedings that commenced prior to the commencement of this section to enforce any prohibition or restriction on construction or other activities in terms of any other law; or |
| (b) | any legal proceedings instituted after the commencement of this Act to enforce any notice served prior to the commencement of this section that required the addressee to vacate or demolish any building or structure that was constructed unlawfully. |
[Section 96 substituted by section 59 of Act No. 36 of 2014]
