14. Amendment of section 17: Terminology The proposed amendment seeks to clarify terminology. The term "coastal waters" is more accurate in the context. 15. Amendment of sections 18 and 19: Designation of coastal access strips Currently, there is no power to intervene if a municipality fails to designate coastal access land which is an essential function in complying with the objectives of the Act. Given the Department's strategic focus on access of beaches by the public, it is important to empower the Member of the Executive Council (MEC) and failing the MEC, the Minister to act if a municipality fails to do so. Provisions clarifying the nature of the public servitude, which is created once access strips are designated, are also amended. 16. Amendment to section 22: Powers of Minister to excise protected areas This clause has been amended to insert the wording from section 87 which allows the Minister to exercise powers in relation to excising national protected areas from the coastal protection zone. 17. Amendment of section 25: Coastal set-back lines There was confusion between EIA development set-back lines (in terms of the NEMA Environmental Impact Assessment (EIA) regulations) and coastal setback lines under this Act. It is, therefore, proposed that 'coastal setback-lines' be changed to 'coastal management lines'. The proposed amendments to these sections are consequential to that change. In addition, a few problems were raised during the public consultations. The Act, in section 26, provides that coastal boundaries may be determined or adjusted by notice in the Gazette. However, section 25 of the Act provides that the MEC must in regulations establish or change coastal (set-back) management lines. Provinces point out that they are currently experiencing difficulties and have to amend some of their set-back lines. It is in fact easier to withdraw or amend notices as opposed to amending regulations, it is therefore proposed that the MEC be given the power to publish a notice in the Gazette to establish or change coastal set-back lines, similar to the powers in section 26 (adjustment of boundaries). The MEC may then still by way of regulations prohibit or restrict the building of structures seaward of that coastal set-back line. 18. Amendment of section 26: Insertion of Minister's powers in respect of the coastal protection zone This amendment inserts similar wording to what is contained in section 22 to make it clear that where such powers, as described in section 26, are exercised in certain circumstances in the coastal protection zone, the Minister must exercise them. 19. Amendment of section 27: Determining and adjusting the boundary of coastal public property During the Parliamentary process when enacting the Act, an attempt was made to resolve the issue relating to the status of Transnet's assets within coastal public property (see paragraph 4 above) by inserting a power to exclude areas from coastal public property with the ratification of Parliament. Such 'exclusion' was effected prior to the commencement of the Act, whereby certain portions of ports under the control of Transnet were excluded from coastal public property, which resulted in unintended and undesirable consequences for both Transnet and the Department. Transnet found itself in a worse position after the exclusion, as the ports which were previously coastal pubic property now became state-owned land, placing them in an equally precarious situation regarding their ownership status. From an environmental perspective, an unintended consequence of exclusion of an area of sea and sea-bed from CPP meant that the excluded portion of the sea and sea-bed could be privately owned, thereby subverting the principle established in the Act - that the sea and sea-bed cannot be owned privately. It is therefore necessary to delete the provision empowering the Minister to exclude coastal public property, as clarity relating to what constitutes coastal public property has now been addressed in section 7 as amended. The reclamation provision in section 27 of the Act was inserted late during the parliamentary process to address ad hoc concerns that arose when the Act was being considered by the Portfolio Committee. It was inappropriately placed and the current provision in section 27(6) of the Act is inadequate. Two new clauses have been drafted and more appropriately placed through an insertion of sections 7B and 7C. 20. Amendment of section 28: Adjusting coastal boundaries This amendment inserts similar wording to what is contained in section 22 to make it clear that where such powers, as described in section 26, are exercised in certain circumstances in the coastal protection zone, they must be exercised by the Minister. 21. Amendment of sections 33 and 34: Estuary management protocol and estuary management plans Section 33 was amended to change the terminology to reflect that the National Estuarine Management Protocol should be published in the Gazette by notice and not prescribed by regulations. Section 34 was amended to insert additional criteria when compiling a management plan and also inserted additional reporting criteria for monitoring progress on development and implementation of these plans. 22. Amendment of sections 35 - 37 and section 39: National Coastal Committee The sections of the Act, relating to the National Coastal Committee have been revised to streamline the provisions and create more flexibility with the appointment of representatives. This flexibility will allow the functions to be performed by any existing forum such as a MINTEC working group. 23. Amendment of sections 38, 51 and 56: Corrections and improvements to text The Amendment Bill proposes to correct a cross-reference in section 38 of the Act, align the wording of section 51 with NEMA, and make a textual improvement to section 56 of the Act. 24. Amendment of section 59: Extending powers of MECs The Act erroneously failed to give an MEC the power to issue coastal protection notices and coastal access notices. Clause 30 of the Amendment Bill proposes to correct that omission and to cover a loophole in the criteria for issuing such notices. In addition, the wording in section 59(3) of the Act appears to be in conflict with the powers of the MEC as it relates to delegations in terms of section 91. It is therefore proposed that section 59(3) be deleted. 25. Amendment of section 60: Correction Section 60(3) of the Act erroneously gives the Minister the power to delegate a power to the MEC, while subsection (1) already assigns the original power to the MEC. The Amendment proposes to correct this. There is also a significant typographical error which will simultaneously be addressed. 26. Amendment of section 62: EIA report Section 62(2) of the Act requires an organ of state to first consider an environmental impact assessment report before authorising land to be used for activities within the coastal protection zone which may have an adverse effect on the coastal environment. Since the NEMA Environmental Impact Assessment (EIA) Regulations already cover activities which may have an adverse effect on the coastal environment, this section is unnecessary. In addition, it is unclear what is meant by an "environmental impact assessment report" and it is assumed to be a reference to the report under the EIA Regulations, although it is not clearly stated so. An EIA report is only one component of an environmental authorisation process so this terminology is inaccurate. It is therefore proposed to delete subsection (2). 27. Amendment of section 63: Criteria for considering EIAs for coastal activities The criteria in section 63 of the Act have given rise to interpretational difficulties for competent authorities. The factors listed for which authorisation must be refused are so broad, that it could potentially prevent competent authorities from granting authorisations. The amendment proposes to address this problem by incorporating the exclusionary criteria as part of the general criteria to be taken into account by competent authorities when considering EIA applications. 28. Amendment of section 64: Minister's override The Amendment Bill proposes the deletion of section 64 of the Act. This section currently gives the Minister an override power over a competent authority to issue an environmental authorisation in certain circumstances, which creates a parallel process to the appeal process in NEMA and causes confusion. 29. Amendment of sections 65 and 66: Coastal leases and concessions