This Act has come at an opportune time to manage our coastline which is
being systematically degraded by unchecked development, sewage spills and
effluent being discharged into South African harbours and seas.

The Act has been hailed as far reaching and progressive as it repeals
outdated and inequitable legislation like the 1935 Sea Shore Act and the
1980 Dumping at Sea Act in their entirety.

The Act is based on a co-ordinated and integrated coastal management
approach that addresses environmental issues such as ecosystem destruction,
biodiversity loss and water pollution. The Act further ensures there is
equitable access to the opportunities and benefits derived from the coast.

For example it has been found that many exclusive beach developments have
been designed to hinder the general public's rights to enjoy access to
beaches.

Section 9 has serious implications for land owners and developers. The Act
identifies "coastal public property" as the common property of the people of
South Africa and the State may extend "the coastal public property" by
purchasing, exchanging or expropriating any private land for this purpose.

Ownership of "coastal public property" cannot be sold or acquired and is to
be kept in trust as our natural heritage for present and future generations.

The Act provides for "coastal buffer zones" to control developments that
destroy the integrity of coastal landscapes. It also protects people and
property from harm from natural causes such as coastline erosion and
flooding, or threats like sea-level rise as a result of global warming.

The devastating effects of sea storms in 2007 are still being felt today as
repairs to property and municipal infrastructure continue. As a result of
the forecast of more frequent storms due to erratic weather patterns,
additional developmental controls such as stricter environmental assessments
will be implemented to prevent development too close to the sea. The Act
establishes "set back lines". Once such a line has been established in a
zoning scheme, any person who a wishes to erect or alter a structure
situated seaward of the line must obtain permission from the municipality to
do so.

The Act aims to provide strict control over structures erected illegally in
the coastal zone such as houses, jetties and retaining walls. The Minister
of Water and Environmental Affairs is empowered to issue notices for the
repair or removal of structures within a coastal zone. Failure to comply may
result in the Minister or MEC authorizing the removal or repair of
structures and recovering costs from the responsible person.

The Act recognizes the importance of estuaries as a natural asset and its
crucial link to coastal marine ecology. It ensures estuaries are managed in
a sustainable manner.

Previously the disposal of effluent into estuaries and the sea was
controlled under different pieces of legislation by different departments,
leading to fragmented and inefficient system of pollution control.

The Act provides for greater control over marine pollution by introducing a
permitting system which states that a permit must be obtained for the
disposal of solid waste, rubble, unprocessed sewage or any other effluent
likely to affect the marine environment.

The Act provides a legal and administrative framework that will promote
co-operation, co-ordinated and integrated coastal development that aims to
cure uncoordinated, fragmented coastal management policies within relevant
spheres of government.

Coastal municipalities are now empowered to administer and monitor coastal
zones within an integrated system of coastal management.

The following sections of the Act have not come into force as yet:

Section 11 : ownership of coastal property
Section 65 : award of leases and concessions
Section 66: coastal leases and coastal concessions
Section 95: existing leases on or rights to coastal public property
Section 96: unlawful structures on coastal public property
Section 98: repeal of legislation

The reason for not bringing these sections of the Act into force at this
stage is to allow for further consultation between the department and
municipalities concerning ownership of and unlawful structures on coastal
public property. In respect of leases and concessions, the Department of
Environmental Affairs is in consultation with Public Enterprises and
Transnet on how best to deal with leases and concessions within proclaimed
port areas.

It will be interesting to see how effective municipalities are in monitoring
developments within the coastal zones and whether the Department is decisive
in dealing with non-compliances. Time will tell whether the implementation
of the Act is effective in realizing its broad aim of ecological protection
of our coastal resources.