Coast KZN

Governance Jurisdiction

Local Government

Roles and responsibilities of Local Government under the ICM Act.

Aspect

ICM Act Section/s Brief Description of
Roles and Responsibilities
Provincial Government's Role
Designation of coastal access land 18, 19, 20
  • Ensuring that the public has equitable access to coastal public property by designating coastal access land;
  • Make a by-law that designates strips of land to provide access to CPP along the coast; and
  • Withdraw inappropriate coastal access land and follow an environmentally sensitive and socially responsible process in designating coastal access land.
Advisory – assisting LMs with determination as to inappropriate/appropriate coastal access.
Coastal management line demarcation on zoning maps 25
  • Participation in coastal management line determinations; and
  • Delineating coastal management lines in municipal zoning schemes maps
Provincial government is the lead agency for the establishment of coastal management lines
Impose fees within coastal public property 13(3) Obtain the approval of the Minister before charging any fee for access to coastal public property Advisory
Determining and adjusting coastal boundaries of coastal access land 29 Ensure specified considerations are taken into account when determining or adjusting a coastal boundary of coastal access land. Advisory – assist with appropriate considerations for adjusting boundaries.
Marking coastal boundaries on zoning maps 31 Delineate coastal boundaries determined or adjusted in terms of S26 on zoning scheme maps. N/A
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. Advisory – assist municipalities with Estuarine Management Plans.
Municipal Coastal Management Programmes 48,49,55 Prepare and adopt a municipal coastal management programme for managing the coastal zone or specific parts of the coastal zone in the municipality. Guidance on the requirements of the Municipal CMP and ensuring alignment with the PCMP.
Consistency and alignment between Municipal Coastal Management Programmes and other statutory plans 51,52
  • Ensure that any plan, policy or programme adopted by an organ of state that may affect coastal management is consistent and aligned with municipal coastal management programmes which in turn is aligned with provincial coastal management programmes and the national coastal management programme; and
  • Ensure that IDPs (including its spatial development framework) are consistent with other statutory plans [See S52 (1) (a-f)] adopted by either a national or a provincial organ of state.
Advisory – Ensure that Municipal CMP aligns with the PCMP and other related documents.
Consultation and public participation 53 Adequate consultation and public participation should precede the exercising of a power by a municipality. N/A
Implementation of land use legislation in coastal protection zone 62 In implementing any legislation that regulates the planning or development of land, in a manner that conforms to the principles of co-operative governance contained in Chapter 3 of the Constitution, apply that legislation in relation to land in the coastal protection zone in a way that gives effect to the purposes for which the protection zone is established as set out in section 17. Advisory