Provincial Government

Roles and responsibilities of Provincial Government under the ICM Act.

Aspect ICM Act Section/s Brief Description of
Roles and Responsibilities
Management of the coastal protection zone 16, 17 The provincial lead agency must ensure the designation of the coastal protection zone in order to ensure the protection, management and enhancement of the coastal protection zone.
26(1b), 28(1) The MEC may determine and adjust the boundaries of the coastal protection zone, but cannot do this in a manner that changes the boundaries of coastal public property.
Access to coastal public property 13(1) The provincial lead agency must ensure people’s right to reasonable access, use and enjoyment of coastal public property.
13(2) The provincial lead agency may restrict access to coastal public property if land forms part of a protected area; prevention of access better protects the environment or is in the interests of the whole community; security; or prevention of access is considered to be in the national interest.
Establishment of coastal management lines 25 The provincial lead agency must establish coastal management lines in order to protect coastal public property, private property and public safety; to protect the coastal protection zone; and preserve the aesthetic values of the coastal zone.
Marking coastal boundaries on zoning maps 31 Inform municipalities of any coastal boundaries determined or adjusted in terms of S26.
Estuarine Management Plans 34 If identified in terms of S33 (3)(e) as the responsible party for the development of Estuarine Management Plans - to undertake these in accordance with the National Estuarine Management Protocol.
Designation of provincial lead agency 38 Designation of the provincial lead agency must be done by the Premier and must ensure that there is at all times a lead agency for coastal management in the Province which is responsible to the MEC.
Monitoring coastal management 38(2)(b) The provincial lead agency is responsible for monitoring coastal management in the Province to ensure that it is undertaken in an integrated, effective and efficient manner and in accordance with the objects of this Act.
Support PCC 38(2)(e) The provincial lead agency must provide logistical and administrative support to the PCC.
Establishment of a PCC 39, 40 & 41 The establishment and functioning of a Provincial Coastal Committee needs to be undertaken and representatives appointed.
Development and Implementation of a PCMP 46 & 47 The provincial lead agency is required to develop a Provincial Coastal Management Programme.
Consistency and alignment between PCMP and other statutory plans 51 & 52 The provincial lead agency must ensure consistency and alignment of statutory plans with the PCMP and that the PCMP is aligned with the NCMP.
Consultation and Public Participation 53 Consultation and public participation are required by the MEC, Minister or other persons exercising powers in terms of the ICM Act.
Environmental authorisation for coastal activities 63(1)(c) Environmental authorisations for coastal activities must take into account whether coastal public property, the coastal protection zone or coastal access land will be affected, and if so, the extent to which the proposed development or activity is consistent with the purpose for establishing and protecting those areas.
63(1)(d) Environmental authorisations for coastal activities must consider estuarine management plans, coastal management programmes and coastal management objectives.
63(1)(f) Environmental authorisations for coastal activities must consider the likely impact of the proposed activity on the coastal environment, including the cumulative effect of its impact together with those of existing activities.
63(1)(g) Environmental authorisations for coastal activities must consider the likely impact of coastal environmental processes on the proposed activity.
Regulations by the MEC 84, 85 The MEC of a Province may, after consultation with the Minister, make regulations that are consistent with any national norms or standards and may develop regulations for the management of activities within the coastal zone and specify general procedures relating to regulations, including penalties for contraventions.
Information and reporting on coastal matters 93 Prepare a report on the state of the coastal environment for the Province which must contain any information prescribed by the Minister.
Co-ordination of actions between Province and municipalities 94 Liaise with coastal municipalities to co-ordinate actions taken in terms of the ICM Act by Province with actions taken by municipalities.