Question NW1128 to the Minister of Forestry, Fisheries and the Environment
28 March 2025 - NW1128
Dugmore, Mr C to ask the Minister of Forestry, Fisheries and the Environment
(1) With reference to the provisions of the Integrated Coastal Management Act, Act 24 of 2008, in particular relating to provisions on Coastal Access Land in Part 3 of Chapter 2, which municipalities in the Republic have boundaries which include coastal public property; (2) which of the specified municipalities have promulgated by-laws that designate strips of land as coastal access land in order to secure public access to coastal public property; (3) what (a) are the reasons that some municipalities have not promulgated by-laws as required by the specified Act, (b) measures will he implement to ensure that municipalities and provincial governments comply with the law and (c) are the time frames in this regard, (4) whether he will furnish Mr C M Dugmore with a list of all coastal access land sites in each specified municipality that was designated for access by the public before the passing of the specified Act in 2009 in terms of any (a) national, (b) provincial and (c) local legislation; if not, why not; if so, (i) what are the relevant details and (ii) indicate if the specified sites are still operational and maintained by such municipalities?
Reply:
(1) Section 18 of the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No. 24 of 2008) mandates that every metropolitan and district municipality -including those where this responsibility has been assigned to local municipalities by agreement - must, within four years of the Act's commencement, enact a by-law designating coastal access land to ensure public access to coastal public property.
This requirement applies to all municipalities in the Republic that border the coast or have jurisdiction over coastal areas as defined in the ICM Act. The number of affected municipalities per province is detailed as follows.
• Eastern Cape: Thirteen (13) local municipalities, two (2) metropolitan municipalities, and four (4) district municipalities,
• KwaZulu-Natal: Eleven (11) local municipalities, one (1) metropolitan municipality, and four (4) district municipalities,
• Northern Cape: Three (3) local municipalities and one (1) district municipality; and
• Western Cape. One (1) metropolitan municipality and three (3) district municipalities.
(2) To date the following municipalities have taken measures to develop and/or promulgate their coastal access by-laws "either as part of coastal by-laws or other forms that designate strips of land" as coastal access land to secure public access to coastal public property:
City of Cape Town Metropolitan Municipality;
eThekwini Metropolitan Municipality;
Bergrivier Local Municipality;
Swellendam Local Municipality;
Knysna Local Municipality; and
Cederberg Local Municipality.
(3) (a) Many municipalities have yet to promulgate their by-laws for coastal access, primarily due to budgetary constraints. Implementing Section 18 of the ICM Act poses significant challenges, as many coastal municipalities face resource limitations, including insufficient funding and a lack of technical expertise. The process includes engaging professional services such as land surveyors to demarcate access strips, register the servitudes, and cover the associated costs. Additionally, municipalities are responsible for managing and maintaining these coastal access routes, which requires providing adequate infrastructure such as boardwalks, ramps, staircases, and ablution facilities.
(b) and (c) The Department of Forestry, Fisheries and the Environment (DFFE) developed the National Coastal Access Guidelines for South Africa to practically guide coastal municipalities through a step-by-step approach to designate strips of land for coastal access. Additionally, the Department initiated pilot projects in collaboration with coastal provinces and municipalities, providing initial funding and expertise to facilitate access. These projects are time-intensive, involving consultations with all stakeholders, the appointment of service providers for feasibility studies, planning, and environmental authorisations before construction can commence. Once established, ongoing maintenance of boardwalks and access infrastructure is essential. Currently, access plans for the four prioritised sites are nearing completion. The DFFE has allocated 36 months for the planning, feasibility studies, and design development of the four sites, with a total investment of approximately RI 2 million. Following the completion of this phase, the construction phase is expected to commence, spanning an estimated 24 months, with a projected total cost of R85 million for all sites.
(4) (a)(b)(c) (i) - (ii) Prior to the enactment of the Act, the designation of access sites was not a formal requirement. The Act was introduced to facilitate this process. Coastal access has traditionally been a municipal responsibility, with municipalities overseeing the rezoning, subdivision, or development of land units within or adjacent to coastal public property. As part of their approval conditions, municipalities are required to ensure adequate public access to these areas. However, due to the failure of municipalities to designate their coastal access sites, the DFFE proactively collaborated with provinces to support municipalities through pilot-site projects (as detailed above). These initiatives aim to provide capacity-building and step-by-step guidance for effective implementation.
Despite these efforts, budget constraints remain a significant challenge that must be addressed.
Moving forward, the DFFE will engage further with municipalities and the relevant MECs of coastal provinces to compile a comprehensive list of coastal access sites and develop a clear plan for their implementation.