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Thread: Environmental: Concern over implications of Beach property Bill

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    Silver Member Eugene's Avatar
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    Environmental: Concern over implications of Beach property Bill

    The KwaZulu-Natal Government is worried about a far-reaching proposal that would force people on the coast to surrender land ownership rights when the sea shifts its boundaries, says a report in The Mercury. If the proposal becomes law, landowners would also be committing an offence if they attempted to build walls and other structures to protect their homes and land being damaged or swallowed up by the sea.

    According to the Integrated Coastal Management Bill, approved recently by the Cabinet, private landowners and the government will be forced to relinquish their property ownership rights, if the high-weather mark moves inland as a result of sea erosion, sea level rise or other natural causes, But, in the wake of severe erosion to private and municipal property along several parts of the NZN coastline after the major sea storm of March 19, Agriculture and Environmental Affairs MEC Mtholephi Mthimkhulu is scheduled to conduct an emergency airborne inspection of the coast line later this week.

    Nevertheless, Section 14 of the Bill specifies that if sand builds up above the high-water mark, then this newly created land would become part of the publicly owned seashore. Conversely, if the high-water mark moves inland because of natural erosion of the coast or sea level rise, the Bill states that the owners of the coastal land will lose ownership ‘of any portion of that land that become situated below the high-water mark’.

    Legalbrief 07-08-2007

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    Site Caretaker Dave A's Avatar
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    I noticed this bill when it arrived in our feeds area (members only area in case our guests are wondering why they can't find it).

    But in the official statement - M van Schalkwyk on Integrated Coastal Management Bill - it had this bit which I thought would have placated the concerns raised above:
    The sections of the Bill pertaining to 'coastal public property' and the 'coastal protection zone' do not affect:

    * existing property rights
    * provincial, municipal, cadastral, or other legally recognised boundaries
    * powers of any organ of state to dispose of land.
    The trouble with opportunity is it normally comes dressed up as work.

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    Silver Member Eugene's Avatar
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    Parliament given assurance on beachfront properties

    The Integrated Coastal Management Bill will not lead to expropriation of beachfront properties, MPs were assured on yesterday. However, officials of the Department of Environmental Affairs and Tourism who are sponsoring the Bill through Parliament say that it will make it easier for local authorities to remove holiday chalets illegally built on the beach. Pam Yako, Director General of Environmental Affairs and Tourism, explained to the Environment and Tourism Committee that her department does not regulate ownership. It merely governs access to the beaches, and officials of her legal services section told the committee that it was a misperception that land would be expropriated under the Bill.

    Full report: http://www.mg.co.za/articlepage.aspx...ticleid=316688

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