Local Government, Environmental Affairs and Development Planning
Given the responsibilities delegated to the Western Cape Government and district councils and municipalities by the National Environmental Management Act, 1998 (Act 107 of 1998), and the National Environmental Management: Integrated Coastal Management Amendment Act, 2014 (Act 36 of 2014), to designate areas along the coast where there is designated public access to the beach:
Whether any of such access points have been proclaimed in the municipal areas of (a) Matzikama, (b) Cederberg, (c) Berg River, (d) Saldanha, (e) City of Cape Town, (f) Overstrand, (g) Cape Agulhas, (h) Hessequa, (i) Mossel Bay, (j) George, (k) Knysna and (l) Bitou; if not, why not; if so, (i) how many such access points have been proclaimed and (ii) what is the geographical location of each such access point?
Municipal progress thus far:
|
Municipality |
Progress |
Additional Comment |
|
City of Cape Town |
Does not need to designate coastal access land as public coastal access is provided for in the zoning scheme and the City of Cape Town coastal bylaw provides for the management of such land. |
DFFE indicated that CoCT may submit a request to the Minister Creecy for exemption from compliance with S18 of the NEM: ICMA
|
|
Matzikama |
No progress with the implementation of the coastal access bylaws. The DEA&DP is supporting the municipality with specific cases relating to management of public access and unlawful use of ORVs at Brand se Baai and Gert se Baai. |
Where no response is received from the municipality by end November 2022 (after 6 months of issuing correspondence by Minister Bredell, the DEA&DP will follow-up with municipal progress as per instruction from the office of Minister Bredell. |
|
Cederberg |
No progress with the implementation of the bylaws. |
Where no response is received from the municipality by end November 2022 (after 6 months of issuing correspondence by Minister Bredell, the DEA&DP will follow-up with municipal progress as per instruction from the office of Minister Bredell. |
|
Bergrivier |
Notice was gazetted in terms of Section 12(3)(b) of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000) that Bergrivier Municipality intends to adopt the proposed Bergrivier Municipality: Coastal Access Land By-law. Commenting period for the Bergrivier Coastal Access By-law closes on the 04 November 2022. The DEA&DP is supporting the municipality with facilitating and managing public access to the Bergrivier estuary via various access points. |
The DEA&DP: Coastal Management will comment on the Bergrivier Municipality: Coastal Access Land By-law and will provide support where required. |
|
Saldanha |
No progress with the implementation of the bylaws. |
Where no response is received from the municipality by end November 2022 (after 6 months of issuing correspondence by Minister Bredell, the DEA&DP will follow-up with municipal progress as per instruction from the office of Minister Bredell. |
|
Overstrand |
The Council decision regarding the way forward with implementation of the coastal access bylaws is pending. Response will be provided to Minister Bredell after the Council decision was made.
|
The DEA&DP has been supporting the municipality with implementation of the pilot study to facilitate public access to the Bot River Lagoon via Middelvlei (previously known as Sonesta). |
|
Cape Agulhas |
No progress with the implementation of the bylaws. The DEA&DP is supporting the municipality with specific cases relating to access at Waenshuiskrans.
|
Where no response is received from the municipality by end November 2022 (after 6 months of issuing correspondence by Minister Bredell, the DEA&DP will follow-up with municipal progress as per instruction from the office of Minister Bredell. |
|
Hessequa |
The Council decision regarding the way forward with implementation of the coastal access bylaws is pending. Response will be provided to Minister Bredell after the Council decision was made. The Department has been supporting the municipality with coastal access challenges between Stilbaai and Gouritzmong. |
The DEA&DP: Coastal Management with Support from DEA&DP: Legal Services is in the process of obtaining legal assistance from the DotP: Legal. |
|
Mossel Bay |
Through the Garden Route District Municipality, a request for assistance with Municipal Agreements between the district and local municipalities was submitted to the DEA&DP. The Department has been supporting the municipality with coastal access challenges at Groot Brak. |
The DEA&DP: Coastal Management with Support from DEA&DP: Legal Services is in the process of obtaining legal assistance from the DotP: Legal. |
|
George |
Through the Garden Route District Municipality, a request for assistance with Municipal Agreements between the district and local municipalities was submitted to the DEA&DP. The DEA&DP is supporting the municipality to facilitate public access at Ballots Bay and Pacaltsdorp. |
The DEA&DP: Coastal Management with Support from DEA&DP: Legal Services is in the process of obtaining legal assistance from the DotP: Legal. |
|
Knysna |
Through the Garden Route District Municipality, a request for assistance with Municipal Agreements between the district and local municipalities was submitted to the DEA&DP. |
The DEA&DP: Coastal Management with Support from DEA&DP: Legal Services is in the process of obtaining legal assistance from the DotP: Legal. |
|
Bitou |
Through the Garden Route District Municipality, a request for assistance with Municipal Agreements between the district and local municipalities was submitted to the DEA&DP. |
The DEA&DP: Coastal Management with Support from DEA&DP: Legal Services is in the process of obtaining legal assistance from the DotP: Legal. |
