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Thursday, May 8, 2008

Bill to protect our coast lines


Go to Documents contents Integrated Coastal Management Bill - To preserve the integrity of SA's coastline

08 May 2008

Speech

SPEECH BY MARTHINUS VAN SCHALKWYK, MINISTER OF ENVIRONMENTAL
AFFAIRS AND TOURISM, INTRODUCTION OF THE INTEGRATED COASTAL MANAGEMENT BILL IN THE NATIONAL ASSEMBLY ON THURSDAY 8 MAY 2008

Introduction

The coast is a unique part of our environment. It is a distinctive system in which a
range of considerations - biophysical, economic, social and institutional - interconnect, in a
manner which requires a dedicated and integrated management approach.

Unfortunately, our coastline is currently not being managed and developed in a way that
optimizes its resources and opportunities. Economic and social opportunities for wealth
creation and equity are being missed while coastal ecosystems are being systematically
degraded. This Bill sets out to correct this.

The Integrated Coastal Management Bill which I am introducing today will replace
the existing 1935 Seashore Act. The Bill also replaces the 1980 Control of Dumping
at Sea Act and introduces, for the first time, a comprehensive national system for
planning and managing South Africa's spectacular and valuable coastal areas.

I am therefore pleased that the Environmental Affairs and Tourism Portfolio
Committee has approved this Bill for tabling in Parliament. It should therefore be
enacted speedily to safeguard both people and property, while at the same time
promoting access to the coast and facilitating integrated development.

PURPOSE OF THE BILL

Fundamentally, the purpose of the National Coastal Management Bill is to:

  • Provide a legal and administrative framework that will promote cooperative,
    coordinated and integrated coastal development;
  • Preserve, protect and enhance the status of the coastal environment as the heritage
    that belongs to us all.
  • Ensure coastal resources are managed in the interest of the whole community;
  • Ensure there is equitable access to the opportunities and benefits derived from the
    coast; and
  • To give effect to certain of South Africa's international legal obligations.

This Bill declares the seashore, coastal waters (including estuaries) and South Africa's
territorial seas, to be coastal public property. It therefore also requires the state
to act as the trustee of coastal public property. This Bill will also require that appropriate
public access servitudes are established along the coast to ensure that access for our
people to our natural heritage, remains unhindered.

You will recall the devastating effects of the sea storms this time last year - especially
along the KwaZulu-Natal coastline. The cost to property and municipal infrastructure
has been estimated at well over R1 billion rand and repairs are still underway, one
year later. Unfortunately, with the increase in sea levels and the forecast of more frequent
storms due to erratic weather patterns which is attributed to climate change, the situation
will only get worse. This Bill will therefore establish a coastal protection zone inland of
the high-water mark within which certain activities will be prohibited and additional
development controls will be applied - such as stricter Environmental Impact Assessments.

It also gives government the power to prevent development too close to the sea by
establishing 'set-back lines'. These measures are important not only to preserve the
beauty of coastal landscapes but also to respond to threats posed by, for example,
rising sea-levels associated with climate change or dynamic coastal processes.

Excellent coastal water quality is not only essential to our burgeoning tourism sector
but also to ensure the maintenance and expansion of the aquaculture industry. There
have been a number of recent reports in the media about sewage spills and sub-standard
effluent from fish factories being discharged into harbours and the coastal zone - with
devastating effects. This Bill makes provision for coastal waters discharge permits
and dumping permits and stipulates that all existing effluent discharges into the sea
and estuaries should be critically reviewed.

Another innovation of the Bill is the establishment of a comprehensive system of coastal
planning. National government, coastal provinces and coastal municipalities will be given
powers to establish coastal management programmes ("CMPs") that set specific,
enforceable, coastal management objectives that will guide decision-makers. I would
like to draw your attention to an important amendment that was introduced
following the consultative public participation process. A subtext has been added to
Section 49 that now places an obligation on municipalities with regard to their
Municipal Coastal Management Programmes. This means that their strategies
and priorities will make provision for the equitable designation of zones for the
purpose of mixed-cost housing. This not only takes into account the
needs of previously disadvantaged individuals but will also ensure that people
across all income groups are able to own property along the coast in the future.

In all four the coastal provinces government is involved in legal action against
people that have erected illegal structures, often on state land, with no regard for
the environment and the existing laws of the country. These are normally costly
and drawn out processes. For example, a civil court case against a group of illegal
developers along the Wild Coast in the Eastern Cape has taken some 5 years.
The Bill provides for government to exercise better control over structures
erected illegally in the coastal zone e.g. houses, jetties and retaining walls.

Bad catchment management practices coupled with development pressures
have had severe impacts on many of our estuarine systems. The Bill makes provision
for improved estuarine management in South Africa through the development of
an over-arching national estuarine management protocol and management plans
for individual estuaries.

Conclusion

The new Integrated Coastal Management Bill is both far-reaching and progressive.
We are now on an accelerated path to decisive action that will provide clear parameters
for the planning of future coastal developments, and create economic and recreational
opportunities by increasing access to our coastal public property.

Honorable Members, I'm sure that I can provide you with numerous examples
where indiscriminate decisions have adversely affected our coast and coastal communities.
We can, as a country, no longer afford to take decisions without taking all relevant
factors and stakeholders into account. And this includes considering the inputs
of all coastal stakeholders. This Bill requires the Premiers of the coastal provinces to
appoint lead agents for coastal management in their provinces. This Bill further
provides for coordinating structures in the form of a national and four provincial coastal
committees - which will be mandatory. The Bill will also empower municipalities
to establish municipal coastal committees. While the latter will not be mandatory,
we hope that municipalities will see the benefits of establishing these structures.

In conclusion, this Bill promotes a holistic way of thinking by promoting coordinated
and integrated coastal management, which views the coast as a system and
emphasizes the importance of managing it as such.

Madam Speaker, I cannot adequately express my appreciation and thanks to the
Chairperson and Members of the Portfolio Committee for their thorough deliberations,
guidance and support for this Bill.

I thank you.

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