Up-market coastal resorts and developments may soon be compelled to provide public access to the coastline they encompass should draft legislation, to be published next week for public comment, become law.
One of the main aims of the new Integrated Coastal Management Bill is to make South Africa’s seashores, estuaries and territorial waters coastal public property, Environment Minister Marthinus van Schalkwyk said in a statement on Friday.
The seashore has long been defined as the common property of everyone.
”The Bill builds on this ancient principle by declaring the seashore, tidal waters [such as estuaries] and South Africa’s territorial seas to be coastal public property.
”In the past, there have been areas where the public’s right to enjoy the seashore has been rendered meaningless by exclusive developments, which prevent people gaining access to the beach.
”In some cases, elite coastal resorts have prevented fishing communities and the public using traditional access routes to the beach or hiking trails along coastal cliffs.
”The new Bill will require that public-access servitudes be established along the coast to ensure that everyone can get access to the coast to enjoy our natural heritage,” he said.
The new Bill — to be published for public comment in the Government Gazette on December 15 — requires the state to act as the trustee of coastal public property and to ensure it is conserved and used for the benefit of the whole community, including future generations.
Earlier this week, the Cabinet approved the draft legislation.
Briefing the media at the time, government communications head Themba Maseko warned South Africans could wake up one day to discover only the ”super rich” had access to the country’s coastline.
Van Schalkwyk said South Africa’s coastline is currently not being managed and developed in a way that makes best use of its resources.
”Economic and social opportunities for wealth creation and equity are being missed and coastal ecosystems are being degraded,” he said.
The Integrated Coastal Management Bill will be open for public comment for a period of 90 days. — Sapa