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Ref: 02/1/5/2
MINISTER
QUESTION NO. 1353 FOR WRITTEN REPLY: NATIONAL ASSEMBLY
A draft reply to Mr G R Morgan (DA) to the above-mentioned question is
enclosed for your consideration.
Ms Nosipho Ngcaba
DIRECTOR-GENERAL
DATE:
DRAFT REPLY APPROVED/AMENDED
MRS B E E MOLEWA, MP
MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS
DATE:
NATIONAL ASSEMBLY
(For written reply)
QUESTION NO. 1353
INTERNAL QUESTION PAPER NO. 12 NW1499E
DATE OF PUBLICATION: 21 April 2011
1353. Mr G R Morgan (DA) to ask the Minister of Water and Environmental
Affairs:
(1) Whether, with reference to the notice that was published by the
Minister of Transport in The Mercury on 11 April 2011 regarding
his intention to enter into a lease agreement with eThekwini
Municipality in terms of Section 4 of the Seashore Act, Act 21
of 1935, for the purpose of leasing the seashore and seabed
between Vetch's Pier and the North Pier of Durban Harbour, her
department has been consulted on the matter; if not, what is the
position in this regard; if so, what are the relevant details;
(2) on what legislative grounds will the provisions of the Seashore
Act override the provisions of the National Environmental
Management: Integrated Coastal Management Act (NEMICMA), Act 24
of 2008, under any circumstances
(3) whether she intends to exclude the specified land from coastal
public property in terms of section 27(4) of the National
Environmental Management: Integrated Coastal Management
(4) whether she stands by the contents of the letter written by the
former head of the Office of the Minister of Environmental
Affairs and Tourism (name furnished) to a certain law firm in
Durban (name furnished) on 14 January 2009 stating that Portnet
never owned the sea and that areas reclaimed from the sea do not
belong to them; if not, what is the position in
(5) whether she will make a statement on the matter?
Mr G R Morgan (DA)
SECRETARY TO PARLIAMENT
HANSARD
PAPERS OFFICE
PRESS
1353. THE MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS ANSWERS:
(1) No, the Department of Environmental Affairs was not formally
consulted regarding the proposed lease of the sea-shore, sea and
seabed between Vetchâs Pier and the North Pier of the Durban
harbour. The Minister of Transport takes the lead in terms of
the Seashore Act, 1935 (Act no. 21 of 1935) (Seashore Act) when
an application is received to lease any area below the high
water mark in a proclaimed harbour area because the relevant
sections of the National Environmental Management: Integrated
Coastal Management Act, 2008 (Act no. 24 of 2008) (ICM Act) are
not yet in force.
2) The Seashore Act cannot override the ICM Act as the ICM Act is a
more recent Act and specifically states that it will prevail
over any other legislation on coastal issues. If there are
conflicting provisions in the two Acts the ICM Act will
therefore prevail. If the Sea Shore Act covers issues which are
not covered in the ICM Act or issues which are in the ICM Act,
but which are not yet in force, then only those relevant
sections of the Seashore Act will prevail. Although the ICM Act
contains provisions for the leasing of coastal public property,
which includes the sea and seashore (sections 65 and 66), these
sections of the ICM Act are not in force and therefore any such
leases will have to be concluded in terms of the Seashore Act.
On the other hand, if both the Seashore Act and the ICM Act
contain provisions that deal with a specific issue, such as
reclamation from the sea, the provisions of the ICM Act will
prevail and reclamation will be administered under the
provisions of the ICM Act.
(3) No application has yet been received to exclude any areas from
coastal public property in the Durban Point area.
(4) Yes, I still stand by the contents of that specific letter.
(5) I do not think it is necessary for me to make a specific
statement on this matter. The ICM Act is quite clear and the
views of the Department of Environmental Affairs and my
predecessor have been communicated to interested and affected
parties on several occasions
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