national environmental management: integrated coastal management amendment bill [b8f-2013] portfolio...

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

PORTFOLIO COMMITTEE29 JULY 2014

Legal Authorisations Compliance & Enforcement

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

POOR PLANNING – STORM DAMAGE, KZN NORTH COAST

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POOR PLANNING – STORM DAMAGE, KZN NORTH COAST

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POOR PLANNING – WIND-BLOWN SAND, WITSAND, WC

POLLUTION – FISH FACTORY OUTFALL, WC

Western Cape6

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FACILITATE ACCESS TO THE COAST

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

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.

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

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

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

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.

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.

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

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.