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Abstract:
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"The legal status of the coast in South Africa is currently provided for in the Sea-shore Act. This Act, inter alia, vests ownership of the 'sea' and the 'sea-shore' in the President for the benefit and use of the public. As the 'White Paper for Sustainable Coastal Development' has pointed out, however, this Act is deficient in a number of respects, particularly when viewed from an integrated coastal management perspective. The 'White Paper' has therefore suggested that it should either be amended or replaced with a new coastal law This suggestion has been accepted by the government and a draft Integrated Coastal Management Bill has recently been prepared. The provisions of the Sea-shore Act governing the legal status of the coast in South Africa; the criticisms which have been leveled against these provisions; and the changes proposed in the draft Integrated Coastal Management Bill are the focus of this paper.
"It is divided into five parts. In part one, the different regions that make up the South African coast as well as the most significant environmental demands confronting each of these regions is briefly described. In part two, the South African government's long term vision for the coast, as well as the manner in which it hopes to achieve this vision is summarized. In addition, the government's official position on the legal status of the coast and its plans to reform the Sea-shore Act are discussed. In part three, the relevant provisions of the Sea-shore Act itself, the administration of this Act and the criticisms that have been leveled against it are considered. In part four, those sections of the draft Integrated Coastal Management Bill that are intended to give effect to the government's official position on the legal status of the coast and its plans to reform the Sea-shore Act are set out and evaluated and, finally, in part five, some brief concluding remarks are made."
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