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National Environmental Management: Integrated Coastal Management Amendment Bill [B8F-2013]

National Environmental Management: Integrated Coastal Management Amendment Bill [B8F-2013]. PORTFOLIO COMMITTEE 29 JULY 2014. Legal Authorisations Compliance & Enforcement. BACKGROUND – ICM ACT. ICM Act, 2008 replaced the Seashore Act, 1935 Regulates past mistakes :

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National Environmental Management: Integrated Coastal Management Amendment Bill [B8F-2013]

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  1. National Environmental Management: Integrated Coastal Management Amendment Bill [B8F-2013] PORTFOLIO COMMITTEE 29 JULY 2014 Legal Authorisations Compliance & Enforcement

  2. BACKGROUND – ICM ACT • ICM Act, 2008 replaced the Seashore Act, 1935 • Regulates past mistakes : • Poor / sectoral planning on the coast • Ocean and coastal pollution • Facilitates access to the coast • Creates coastal public property (beach and sea belong to people, but held in trust by the State) • Provides for integrated coastal planning

  3. POOR PLANNING – STORM DAMAGE, KZN NORTH COAST

  4. POOR PLANNING – STORM DAMAGE, KZN NORTH COAST

  5. POOR PLANNING – WIND-BLOWN SAND, WITSAND, WC

  6. POLLUTION – FISH FACTORY OUTFALL, WC Western Cape

  7. FACILITATE ACCESS TO THE COAST

  8. Amendments to the ICM Act • Addresses implementation gaps & institutional arrangements • Clarifies ownership of beach & sea (coastal public property) • Improves processes for an application for reclamation • Refines National Coastal Committee appointment procedures • Creates legal clarity & certainty • Alignment with NEMA • Definitions & terminology • Issuing of protection and access notices • Use of coastal public property • Delegations & powers of Minister & MEC’s • Provides for exemptions • Revises offenses and increases penalties • Provision for interventions to ensure access

  9. STATUS OF RECLAIMED LAND • The National Assembly and the NCOP differed on the status of land that is reclaimed from the sea • Historically, land reclaimed from the sea became state-owned land, which could be alienated/sold via the State Land Disposal Act • In the ICM Act, reclaimed land becomes “coastal public property”, with an option for the Minister to exclude any reclaimed land from being coastal public property. • However, exclusion of areas from coastal public property created an unintended consequence. It also allowed for the exclusion of the sea and the seabed - not only reclaimed land.

  10. RECLAMATION AMENDMENTS BY PC • Therefore, the Portfolio Committee revised processes for land to be reclaimed from the sea • Created 2 new sections separating state and private reclamations • More rigorous process which includes parliamentary oversight • Land reclaimed for private purposes becomes the property of the people (coastal public property) and can only be leased from the Minister

  11. RATIONALE • Reclamation has significant impact as it involves creating land from sea • It potentially allows private ownership of reclaimed land which sea space was previously owned by the people. • If there is an option to purchase such land it would provide an incentive for investors to reclaim land from the sea

  12. Select Committee Amendments • Changed the status of reclaimed land from coastal public property to state owned land • This, reintroduced the option of sale through the State Land Disposal Act

  13. RATIONALE • Any reclamation requires significant investment which could be secured by ownership of the land once reclaimed • There are sufficient safeguards in the reclamation process and • Once the approval of Parliament is given and sea becomes land, the environmental degradation has already occurred.

  14. Mediation • The Bill proceeded to Mediation • In balancing public interests the Mediation Committee reverted back to the principle that reclaimed land becomes coastal public property and added a provision on sub-leasing of reclaimed land. • The NCOP passed the mediated Bill. • The Bill lapsed during the 4th Parliament as there was insufficient time to refer it to the National Assembly for final approval.

  15. IMPORTANCE OF REVIVING THE BILL • Important amendments to reclamation provisions and coastal public property, which must be implemented to amongst other things: • Give Parliament an important oversight role over reclamation applications • Clarify the ownership of coastal public property to assist the National Ports Authority amongst others • New stream lined system of permitting activities in coastal public property

  16. Recommendation • It is recommended that the Portfolio Committee on Environmental Affairs, recommends to the National Assembly • that the National Environmental Management: Integrated Coastal Management Amendment Bill [B8F-2013] be revived; and • That the National Assembly approves the Bill for submission for signature to the President.

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