Section C

Towards a Coastal Policy

Chapter 7

Some Key Policy Questions

This chapter outlines some of the most important questions that need to be considered in drawing up a Coastal Policy for South Africa. These include questions around:

• Scope of policy
• Defining the coast
• Approach to policy development
• Institutional arrangements
• Instruments for implementation
• Funding and resources

• Monitoring and review.

INTRODUCTION

Past experience with coastal management and related activities in South Africa and internationally draws attention to a number of key policy questions that need to be answered in formulating and implementing a Coastal Policy in South Africa. Seven such matters are outlined in this chapter, based on this experience.

1. What is the appropriate scope for a Coastal Policy?

2. How should the coast be defined?

3. What is an appropriate approach to policy development?

4. What institutional arrangements should be considered?

5. What instruments should be used to implement the policy?

6. What funding and resources are needed?

7. How should the policy be monitored and reviewed?

Additional questions are highlighted under each section, in order to promote discussion and debate. You are invited to give feedback on these questions, and on any other questions of concern to you. Only by giving careful consideration to such key policy questions can a relevant and practical policy be developed.

1. SCOPE OF POLICY

The first area of strategic choice concerns the scope of policy. International experience emphasises the importance of maintaining a strategic focus in developing and implementing a coastal management programme. The programme must be selective about which issues to address, and where and when to address them. Programmes fail when they try to do too much at once, or are spread too thinly. The scale, scope and complexity of coastal policy usually increases through the successive completion of policy goals and objectives. Each stage of completion is called a "generation".

Typical issues addressed by first generation programmes internationally have included shorefront development, public access, hazard reduction, habitat protection and marine protected areas. While fisheries and water quality are always important problems, they tend not to be the focus of national coastal programmes, but continue as sectoral programmes. In developing countries, national coastal programmes have often found it necessary to address the priorities of basic needs provision, such as water supply and sanitation. Although these areas are adequately covered by other policies in South Africa, it is important that the Coastal Policy does have a developmental focus.

Key Questions

• Is the focus on optimising coastal development opportunities an appropriate one for the Coastal Policy?
• Does this document have an appropriate scope and realistic aims?
• Are the key issues outlined in this document the appropriate ones?

2. DEFINING THE COAST

Defining coastal boundaries is a challenge confronting all coastal management programmes. Few national policies have defined coastal boundaries uniformly throughout the country. A variety of landward and seaward boundaries have been used to define the coast for different activities in South Africa (see Figure 2). It is increasingly recognised that different definitions of the coast should be used to serve various analytical and implementation purposes, at different scales of time and space. Most national coastal policies have tended to provide guidance and broad parameters under which provinces and districts set more specific coastal boundaries, depending on the management goal.

Key Questions

• How should the coast be defined in a Coastal Policy for South Africa?
• Should provincial or local authorities be given the task of setting different landward coastal boundaries for purposes of planning and administration (given that setting seaward boundaries is a national responsibility)?

3. APPROACH TO POLICY DEVELOPMENT

Internationally, there is considerable variability in the extent of centralisation and prescriptiveness in national coastal policies. In countries with federalist systems (e.g., the United States and Australia), national coastal policy is frequently facilitative, often including national level funding and technical support. Broad principles are recognised, goals and objectives are set, and mechanisms are established to facilitate detailed planning and implementation at lower levels of Government. In such systems, coastal management programmes are often seen as essential for national–local co-ordination, and for balancing national and local interests. In countries with centralised Governments (e.g., Sri Lanka), national policy is typically more prescriptive.

In South Africa, past experience has shown that prescriptive and control-based approaches to policy implementation are far less likely to be effective than facilitative approaches. In addition, for policy to be effective, it should emphasise the economic and social benefits that can be derived from the coast, as well as the need to protect the coastal ecosystems on which those benefits depend. In ensuring access to coastal resources, policy also needs to ensure that the needs of historically disadvantaged communities are addressed.

Choices also need to be made about mechanisms to ensure effective participation by a broad range of interested and affected parties in coastal management. Creating meaningful opportunities for public participation in policy formulation and implementation is seen as essential by coastal management programmes around the world. National programmes have also emphasised the importance of public education. In developing countries, the Government plays a central role in providing education, while in the United States and Australia other role-players such as non-governmental organisations do much of this work.

Finally, capacity building of Government agencies and other key role-players has been seen as important. Capacity building is one of the key pillars of the Australian policy, and in Sri Lanka, Ecuador and the Philippines, training of communities and local level officials has been a major priority. In addition to education and training, capacity building can include budgetary allocations, changes in structures and personnel, and assistance for managing consultants.

Key Questions

• To what extent should coastal management be centralised or decentralised?
• Is a facilitative or a prescriptive approach more appropriate for the Coastal Policy?
• How should the participation of individuals, community organisations, non Governmental organisations and research institutions in coastal management be facilitated?
• How should historically disadvantaged communities be involved and their needs met?
• What programmes should be instituted for public education, awareness and capacity building of those centrally involved in coastal management activities?

4. INSTITUTIONAL ARRANGEMENTS

A major area in which strategic choices have to be made is that of determining appropriate institutional arrangements for the implementation of the Coastal Policy. Choices need to be made about the exact powers and functions of different spheres of Government, including national, provincial and local spheres. Coastal management encompasses functions that currently involve national, provincial and local responsibilities. Therefore the devolution of powers and functions is a key strategic issue.

Experience internationally has highlighted two key institutional aspects that need to be addressed:

1. The location of the lead agency for coastal management, which has been located in Government departments varying from Environment, Commerce and Fisheries to the President’s Office.
2. The development of co-ordinating mechanisms to promote and strengthen inter-agency collaboration, thereby reducing rivalry and conflict, minimising duplication, providing a forum for conflict resolution, promoting policy integration and ensuring monitoring and evaluation of the overall programme.

Experience has shown that it is more effective to use existing institutions wherever possible. Building capacity to take on new roles is also more cost-effective than setting up new structures. Because of the inter-sectoral nature of coastal management, improving co-ordination between actors and fostering strategic alliances between relevant Government agencies, the private sector and civil society is of central importance. Only where absolutely necessary have additional structures and procedures been established for more effective implementation.

Given the nature of the national-provincial-local framework, as well as the Constitution and other legislative and policy directives, a number of policy options and choices will need to be considered for the different spheres of Government and in the different coastal provinces.

National Sphere

• Designation of a lead agency. This is assumed by many to be the Department of Environmental Affairs and Tourism (DEAT), but this has been questioned by some parties, due to the perceived weakness of the DEAT.
• Strategic alliances with the lead agency. Departments such as Water Affairs and Forestry (DWAF), Trade and Industry (DTI) and Land Affairs have been suggested as possible departments to form a strategic alliance with the lead agency to strengthen strategic political support, resource allocation and capacity.
• Creation of a new Coastal Co-ordinating Commission. This Commission would be located above the Ministries and would be primarily responsible for checking compliance of line Ministries with the Coastal Policy, harmonising sectoral activities and fostering strategic alliances.
• Establishment of an Inter-departmental Council or Committee. Such a body would foster co-ordination amongst line departments, harmonise sectoral policies, approaches and activities affecting coastal areas and resources, review policies and programmes relevant to the coast and provide opportunities for joint problem-solving.
• Establishment of a non-executive Advisory Committee. This committee would advise the Government on coastal matters. It would be comprised of members from all key Government agencies, the private sector and civil society.

Provincial sphere

• Designation of lead provincial department(s). These departments would co-ordinate and implement national Coastal Policy in the provincial and local spheres of Government.
• Strengthening of existing planning and environmental departments. These departments are seen to be the primary departments providing policy, planning and management support for the coast and require the necessary resources to undertake these functions.
• Broadening the scope of "the Tribunal system". This would involve broadening the scope of the national Development Tribunal system (Development Facilitation Act, 1995) to include planning and resource management control and conflict resolution for areas such as the coast.
• Coastal Co-ordinating Commission, Provincial Offices. Sub-structures of a national commission could be established at a provincial level to ensure that actions and decisions comply with national policy.
• Creation of Coastal Working Committees. These could be created under planning or other provincial legislation to ensure the co-ordinated and effective planning and management of the land-sea interface. These committees should be comprised of key Government departments, the private sector and civil society.
• Creation of Advisory Committees. These could advise the relevant decision-makers on coastal matters relevant to the province. These committees should be comprised of key Government departments, the private sector and civil society.

Local Sphere

• Creation of regional/local Coastal Working Committees. Technical committees could oversee, manage and monitor development proposals and other activities in local coastal areas. Committees should include, where appropriate, representatives of all interested and affected parties.
• Development of User Groups/"CoastCare" Groups. Local and community-based interest groups could be established and supported to assist relevant Government agencies with co-management of local and regional coastal resources.
• Development of "hidden capacity". Existing staff in local Government should, where practical, be "retrained" or "redirected" to assist in coastal management efforts. Larger and better-resourced metropolitan or local authorities should assist smaller, less well-resourced local authorities with coastal management skills and other forms of support.

Note: In Chapter 10, the possible combination and/or variation of the institutional options addressed above are further explored and specific proposals made.

Key Questions

• Should South Africa be pursuing a coastal management approach in which all functions are consolidated into one department, or should the emphasis rather be on better co-ordination of existing Government departments?
• What institutional structures would be appropriate for implementing the Coastal Policy, given the above choice of approaches?
• In which sphere of Government should the major decision-making power lie with respect to coastal management?
• What mechanisms should be used for co-ordinating or consolidating (dependent on the above choice) the sectors concerned, e.g., Inter-agency Committees?

5. INSTRUMENTS FOR IMPLEMENTATION

Strategic choices need to be made about which instruments to use in implementing the Coastal Policy. These choices are informed by programme objectives, and whether the preconditions exist for the effective use of particular instruments. Coastal management programmes internationally use a variety of instruments for policy implementation. These can be summarised according to the following categories:

1. Legislation and regulations. These are prescriptive and carry penalties for non-compliance (e.g., permits, prohibitions, allocation of user rights). There has, however, been an international shift away from a regulatory approach to a more facilitative one.

2. Direct development. This includes proactive actions and construction of physical works (e.g., shoreline protection works, public access points, public facilities at beaches, or habitat creation or rehabilitation).

3. Education and training. This is to increase awareness and build capacity for policy implementation and to encourage participation in initiatives and compliance with regulations. It includes effective communication and information exchange.

4. Research and monitoring. This is to track problems, identify solutions and provide feedback on how successfully policy is being implemented.

5. Changes in governance procedures. This includes clarification of procedures, new structures and appropriate interactions with stakeholders.

6. Economic instruments. This includes investment incentives, taxes and fines.

7. Conflict resolution mechanisms. This includes appeal procedures for challenging decisions on allocation or permitting. It focuses on collaborative, consensus-based problem-solving.

8. Participation of user/interest groups. Participation in coastal management.

To date, the Coastal Management Policy Programme has focused attention primarily on possible legal and institutional arrangements that might be used to implement a Coastal Policy. Attention has also been given to the participation of user and interest groups in such arrangements, and to possible conflict resolution mechanisms. Further attention will be given to a number of the other possible instruments for policy implementation in the next phase of the programme (see Appendix 3).

Key Questions

• Which combinations of the above instruments should be used in implementing the Coastal Policy?
• How can a balance be maintained between regulatory and facilitative instruments?

6. FUNDING AND RESOURCES

Financing national coastal programmes is always a challenge. Unless a coastal management programme becomes part of mainstream Government work, with a regular, recurrent budget, it will never be locally supported or sustained. In developed countries, local budgets for coastal management activities are often supplemented by national Government funding. Maintaining national Government support for the devolution of funding requires that the programme enjoys broad-based public support. In developing countries, national budgets are often supplemented by grants from donor agencies. External funding occurs on a long-term basis usually only where benefits to the donor agencies or nations are perceived.

In South Africa, it needs to be recognised that there is a scarcity of resources to support decision-making and policy implementation. The Coastal Management Policy Programme has benefited up to this point from generous financial support from the British Government. A powerful effect of the Coastal Policy could be to influence the values and ideas that drive local policies and programmes which have resources, e.g., Spatial Development Initiatives (SDIs), industrial policy and infrastructure programmes. For policy implementation, it is essential to have dedicated allocations to specific coastal management activities and projects in the budgets of local authorities and the four coastal provinces.

The potential of public-private sector partnerships and private sector investments to supplement scarce Government resources and to promote efficient, effective and sustainable management efforts should also be investigated. While resources for coastal management should ideally be evenly spread, management methods should be designed to work in an under-resourced context in regions of our coast.

Key Questions

• What sources of Government funding could be drawn on in implementing the Coastal Policy?
• How can budgets of other initiatives be influenced to promote coastal management objectives?
• What external funding is available and how could this best be obtained and used?
• How can the resources of the private sector be drawn on in coastal management?

7. MONITORING AND REVIEW

Finally, consideration needs to be given to how to ensure a continuing cycle of improvement in implementing the Coastal Policy. Most national coastal programmes have statutory requirements for review and readjustment, using monitoring and evaluation mechanisms. The aim is usually to track the impact of a programme, to ensure continual improvement and to promote accountability. Standards for coastal management monitoring and evaluation are not yet well established internationally. There is, however, considerable effort underway to develop a common methodology for monitoring and evaluation, so that experience can be more effectively shared.

Although monitoring and review have been mentioned in previous environmental policy documents in South Africa, these aspects have never been adequately addressed. Because monitoring occurs at different scales and involves many dimensions, it needs to be carried out by a network involving scientific researchers, information systems, community role-players and Government. Monitoring should focus both on the state of the coastal environment (biophysical, institutional, social and economic) and on the success of policy implementation through coastal management initiatives, measured against policy objectives and performance criteria.

Key Questions

• What mechanisms for monitoring, evaluation, review and readjustment should be built into the Coastal Policy?
• How can such mechanisms be provided for through appropriate institutional arrangements?

The next chapter sets out the vision towards which a Coastal Policy should aim, and the principles on which it could be based.

Chapter 8

Vision and Principles

This chapter lays the groundwork for the goals and objectives in Chapter 9, by setting out a framework within which they are formulated. This includes the following sections:

• Towards a vision for our coast
• Principles for coastal management.

INTRODUCTION

Public policy has already been referred to as providing the framework for helping society move from a point of departure (i.e., coastal issues of public concern) towards a common destination (i.e., a shared vision of the future of our coast). The Coastal Policy must be based on accepted public values and provide clear guidance for addressing issues of public concern. Agreement needs to be reached on a vision for our coast. Agreement also needs to be reached on appropriate principles, goals and objectives for coastal management. Then possible institutional and legal arrangements can be developed and considered. Choices can then be made to ensure that the policy is implemented in a practical and proactive way, that issues of concern are addressed and that the vision is realised.

This chapter proposes a vision for our coast and a set of principles for coastal management. Based on these proposals, and guided by a range of other policies and laws, possible goals and objectives for coastal management are outlined in Chapter 9. The principles, goals and objectives are central to realising the vision and addressing the issues of concern to people. In essence, they provide the foundation for achieving the ideal of sustainable coastal development. Chapter 10 outlines possible legal and institutional arrangements for implementing the Coastal Policy.

The contents of this and the next chapter draw on an extensive process of public participation, research and specialist study (see Appendices 1 and 4). These proposals need further consideration, debate and refinement before the final Coastal Policy is prepared. Your input on this document will contribute to the debate around, and the development of the policy. These proposals are presented to provide a concrete starting point for consideration and further discussion.

TOWARDS A VISION FOR OUR COAST

This proposed vision statement was developed after an extensive process of regional consultation with interested and affected parties. Between November and December 1997, 22 visioning and issues identification workshops were held around the coast, involving over 800 people from more than 200 organisations. The results of these workshops were sent to participants, and feedback was requested in writing and through follow-up meetings. A summary of the information gained from regional workshops has been presented in Chapter 6. These findings provided the foundation from which the proposed national vision was developed by members of the Policy Committee, the Project Management Team and Regional Managers.

You are requested to make comments on this proposed national vision. Based on your feedback, a final national vision statement will be prepared, discussed and agreed upon.

Proposed National Vision

• We celebrate the diversity and richness of our coast and seek an equitable balance of opportunities and benefits throughout our coast.
• We strive for a coast in which there is a balance between material prosperity, social development, spiritual fulfilment and ecological integrity, in the interests of all South Africans.
• We strive for a time when all South Africans feel that the coast is ours to enjoy in a spirit of community.
• We look forward to a time when all South Africans take responsibility for the health and sustainability of our coast in a spirit of stewardship and caring.
• We seek to guide the management of our coast in a way that benefits current and future generations, and honours our obligations and undertakings from local to global levels.

The proposed vision seeks to provide a clear statement of intent for the policy. It expresses our intention to enhance the capacity of current and future generations to realise their human potential, within the context of maintaining diverse, healthy and productive coastal ecosystems.

It is important to state explicitly that the development of the proposed national vision, as well as the principles, goals and objectives for coastal management, are based on an assumption of the need to respect and cherish the rich and diverse heritage of our coast. Different parts of our coast have distinct qualities, offering comparative and competitive advantages for future development.

The proposals in this document are informed by these varied qualities and opportunities.

To realise this vision, we need to set out the principles that guide our actions, and the goals and objectives that we are going to work towards. The next section outlines principles for coastal management.

PRINCIPLES FOR COASTAL MANAGEMENT

Principles provide the point of departure for translating our vision into practice. They are the fundamental basis for reasoning and action. These principles are seen to be "universal truths". The proposed principles must be considered as a whole – the full meaning of each principle can be realised only in relation to the other principles. The explicit focus here is on developing principles for coastal management. The Constitution of South Africa outlines a broader set of principles relevant to the wider agenda of societal development and transformation.

To achieve the ideal of sustainable coastal development, the following principles for coastal management are proposed:

Principles for Coastal Management

1. National heritage. The coast should be retained as a national heritage, with public rights to access and benefit from coastal resources.

2. Economic development. Coastal economic development opportunities should be optimised to meet basic human needs and to promote human well-being.

3. Social equity. Coastal management efforts should ensure that all people, including future generations, are treated with dignity, fairness and justice.

4. Ecological integrity. The diversity, health and productivity of coastal ecosystems should be maintained.

5. Holism. The coast should be treated as an indivisible system, recognising the inter-relationships between coastal users and ecosystems and between the land and sea.

6. Risk aversion and precaution. Coastal management efforts should adopt a risk-averse and precautionary approach under conditions of uncertainty.

7. Duty of care. Coastal management is a shared responsibility. All people should be responsible for the consequences of their actions, and have the duty to act with care to avoid damage to others and their coastal environment.

8. Co-ordination and integration. Coastal management efforts should be co-ordinated and integrated, and conducted in an open, inclusive and transparent manner.

The next chapter proposes goals and objectives for coastal management.

Chapter 9

Goals and Objectives

This chapter sets out goals and objectives for coastal management, on the basis of the vision and principles outlined in Chapter 8. The goals and objectives are arranged into five themes:

• Theme A: Our national heritage
• Theme B: Coastal planning and development
• Theme C: Pollution control and waste management
• Theme D: Natural resource management
• Theme E: Governance and capacity building.

INTRODUCTION

This chapter sets out goals and objectives based upon the vision and principles outlined in the previous chapter. These goals and objectives provide more detailed direction for achieving the vision of sustainable coastal development. They address the key issues of concern. They also apply, build upon, integrate and clarify directives outlined in other relevant policies and laws, where appropriate.

Many policies and laws are directly relevant to realising the ideal of sustainable coastal development. Among the more important of these are the Constitution, the Development Facilitation Act, the National Environmental Management Bill and the Marine Living Resources Act. Other relevant policies and laws include those relating to agriculture, biodiversity conservation, disaster management, energy, forestry, local Government, maritime activities, minerals, pollution and waste management, the sea-shore, tourism, transport and water. Furthermore, South Africa is a signatory to a number of international conventions and agreements that have an important bearing on coastal management.

The goals and objectives have been organised in terms of five major themes:

Theme A: Our national heritage

Theme B: Coastal planning and development

Theme C: Pollution control and waste management

Theme D: Natural resource management

Theme E: Governance and capacity building.

Under each of these themes, a list of key issues, and then a set of proposed goals and objectives, is presented. These goals and objectives should not be viewed in isolation from each other – they must be considered as a whole. No one goal or objective has greater importance than another. A number of these proposed goals and objectives are open to differing viewpoints and debate. Your attention is drawn to matters known to be the subject of debate by means of footnotes.

Your feedback on these proposals is needed to formulate the final Coastal Policy.

Our coast is a special national heritage that should be planned and managed in the long-term public interest. All South Africans, particularly organs of State, have a responsibility to ensure that it is planned and managed in the public interest.

Key Issues

Objective A1.1: Opportunities for public access shall be provided at identified, appropriate coastal locations.

• Provision shall be made for public recreation and enjoyment.
• Public access shall be directed to identified locations.
• Public facilities and services shall be provided.
• Education and awareness about public access shall be promoted.
• Historical inequities in access shall be addressed.
• Public access shall be promoted in all new development.
• Strategies to improve public access shall be developed for those areas in which it is limited.

Objective A1.2: Where appropriate, public access shall be managed to minimise adverse impacts and to resolve incompatible uses

Existing rights, including private property and traditional user rights, public health, safety and security, shall be taken into account.

• Measures shall be implemented to prevent public access from causing degradation of coastal ecosystems.
• Appropriate management arrangements shall be established.
• Sustainable financing and maintenance provisions shall be developed.

Objective A2.1: Coastal resources shall be allocated and used in a manner that is fair and just, with particular attention given to the needs of disadvantaged communities.

• Particular attention shall be given to the needs of disadvantaged communities and groups (e.g., women) in the allocation and use of coastal resources.
• The interests of future generations shall be protected.
• Economic, ecological, financial, cultural and administrative considerations shall be taken into account.
• The diversity, health and productivity of coastal ecosystems shall be maintained.
• Preference shall be given to coastal-dependent uses.
• A range of beneficial uses shall be maintained.
• Options for sequential use of resources shall be retained.
• User rights shall not be granted in perpetuity.

Objective A3.1: The State shall retain ownership and ensure effective management of coastal waters and the sea-shore.

• Organs of State shall consider creative options to promote effective management of coastal waters and the sea-shore, in accordance with this Policy.
• Private ownership and/or exclusive usage of the area below the high water mark shall be prevented, or allowed only if demonstrated to be in the public interest.
• Due consideration shall be given to investment and other economic opportunities.
• Consideration shall be given to extending the boundary of the sea-shore to an appropriate point above the high water mark.

Objective A3.2: The State shall effectively manage, retain and endeavour to extend the Admiralty Reserve.

• Public access to, and the protection of sensitive coastal ecosystems on Admiralty Reserve land shall both be ensured.
• Appropriate management arrangements shall be established.
• Mechanisms for extending the Admiralty Reserve shall be investigated.

Objective A3.3: The State shall retain ownership of and ensure effective management of State land along the sea-shore

• State land along the sea-shore shall not be alienated, unless in the long-term public interest.
• All coastal leases shall be re-assessed in terms of this Policy.
• Non-coastal dependent activities on State land shall be discouraged.
• Creative and effective management arrangements shall be established.
• User rights shall be non-transferable and shall revert to the State.

Objective A3.4: Coastal assets under the control of parastatal organisations shall be managed in the public interest, and coastal resources shall not be alienated for private purposes.

• Coastal management plans for parastatal land shall be prepared through a process of public participation.
• Coastal resources shall not be alienated for private or exclusive use, unless demonstrated to be in the public interest.

Objective A4.1: Coastal planning and management efforts shall demonstrate that the inter-relationships between the land and sea, and between coastal ecosystems and human users, have been taken into account.

• Attention shall be given to the dynamic, high-energy character of the coast, its complex biophysical and chemical processes, and regional and local variability.
• Attention shall be given to the trans-boundary consequences of human activities.
• Public education and awareness shall be promoted.
• Coastal management expertise shall be developed.
• A risk-averse and precautionary approach shall be adopted under conditions of uncertainty.

THEME B: COASTAL PLANNING AND DEVELOPMENT

Coastal planning and management should be undertaken proactively to optimise sustainable development opportunities. Our coast provides many development opportunities that are dependent on maintaining the diversity, health and productivity of coastal ecosystems. We need to proactively identify and realise these benefits, in the interests of current and future generations.

Key Issues

Objective B1.1: Coastal planning and management efforts shall proactively seek to realise the long-term economic development potential of coastal localities and regions.

• Local and regional economic development plans shall be prepared.
• Distinctive local coastal economic opportunities shall be promoted.
• Local job opportunities shall be promoted.
• Preference shall be given to retaining benefits in local communities.
• Multiple-use and non-seasonal dependent activities shall be promoted.

Objective B1.2: Preference shall be given to distinctly coastal economic development opportunities and to activities that are dependent on a coastal location.

• Coastal-dependent activities of national or regional strategic importance shall be given priority.
• If activities conflict, preference shall be given to coastal-dependent activities.
• Activities that are not dependent on a coastal location shall, as far as practical, be relocated inland if they are perceived to have a significant negative effect on coastal-dependent activities or the long-term development potential of a coastal locality.

Objective B1.3: A system of appropriately located and financially sustainable ports, small-craft harbours and related facilities shall be developed and effectively maintained.

• An assessment needs to be undertaken of all South African ports and harbours to clarify the strategic and functional role and functioning of each facility.
• Future port and related facility requirements shall be identified and, where necessary, protected from encroachment.
• Multiple-use of ports shall be encouraged, whilst maintaining efficient and safe operations.
• The capabilities, resources and management requirements of small-craft harbours and related facilities shall be assessed, and provision for maintenance improved.
• Creative management and sustainable financing arrangements shall be considered.

Objective B1.4: Adequate public facilities shall be provided at appropriate coastal locations.

• Public facilities shall be provided at appropriate locations to meet recreational needs and to ensure public health and safety.
• Particular attention shall be given to the needs of disadvantaged communities.
• Adverse impacts on coastal ecosystems shall be minimised.
• Sustainable financing mechanisms shall be promoted.
• Public-private partnerships shall be promoted.

Objective B1.5: Opportunities for mariculture shall be identified and encouraged at appropriate coastal locations.

• Areas with high potential for mariculture shall be identified and retained for this purpose, subject to appropriate planning and environmental impact assessments.

Objective B1.6: Coastal tourism and recreational development opportunities shall be identified and promoted at appropriate coastal locations.

• Diverse, affordable, regionally appropriate opportunities shall be identified and promoted.
• In sensitive coastal settings, strict guidelines shall be applied to ensure non-intrusive, low impact coast-dependent development.
• Benefits shall be retained for local communities, where practical.

Objective B1.7: All activities relating to coastal prospecting, mining and the exploitation of petroleum, oil and gas shall be conducted in an environmentally responsible manner.

• Ongoing adverse environmental impacts shall be remedied.
• Degraded coastal ecosystems shall be rehabilitated.
• Sequential and multiple-use of mined areas shall be encouraged.
• The planning and implementation of such activities shall be subject to Integrated Environmental Management procedures.

Objective B2.1: Nodal development and densification of existing nodes shall be promoted to sustain the economic potential and protect the aesthetic, amenity, cultural and ecological values of coastal localities and regions.

• Urban growth boundaries shall be defined and respected.
• Development shall be directed to compact nodes.
• Subdivision of rural and semi-rural coastal property shall be discouraged.

Objective B2.2: New structures shall be designed and located in a manner that retains the visual beauty, wilderness character and associated benefits of undeveloped coastal areas.

• Undeveloped coastal areas that should be retained shall be identified in regional coastal plans.
• Visually prominent structures shall not be allowed in undeveloped coastal areas.
• Scenic and landscape values shall be protected as an economic asset.
• Development proposals in undeveloped areas shall be approved only if they are consistent with this policy and contribute to improved coastal management.

Objective B2.3: Inappropriate development in coastal areas of high agricultural potential (including commercial forestry) shall be discouraged.

• High agricultural potential coastal land, and the associated rural landscape characteristics, shall be identified and protected.

Objective B3.1: The design and built form of coastal settlements shall be in harmony with the aesthetic, amenity, biophysical, economic, social and cultural opportunities and constraints of coastal localities and regions.

• A philosophy of "designing with coastal processes and ecosystems, and not against them" shall be promoted.
• Coastal settlements shall be designed to promote a sense of community.
• Where appropriate, a buffer between the sea-shore and physical development shall be established.
• Viewsheds shall be maintained in as natural a state as possible.
• Preference shall be given to decreasing building heights towards the sea-shore.
• Distinct local architectural styles shall be promoted.
• Provision of urban services shall avoid negative impacts on coastal ecosystems.
• Preference shall be given to setting major roads back from the sea-shore, and to orienting minor roads perpendicular to the sea-shore at suitable locations.

Objective B3.2: Coastal settlements and associated activities shall be managed to promote and enhance the socio-economic benefits of the coastal setting and to minimise adverse effects on coastal ecosystems.

• Alterations to landforms in highly dynamic areas shall be avoided or at least minimised.
• Clearance of indigenous coastal vegetation shall be strictly controlled and minimised.
• Disposal of solid and liquid waste shall be minimised and strictly controlled, according to both assimilative capacity and logistical waste disposal considerations.
• Pedestrian and vehicle access shall be managed, particularly during peak activity periods.
• Local community involvement in coastal management shall be promoted.

Objective B4.1: Coastal development shall be planned and managed to minimise disruption of dynamic coastal processes and to avoid exposure to significant risk from natural hazards.

• Features, such as beaches and dunes, that act as a buffer against coastal processes and natural hazards shall be protected.
• Activities that lead to physical disturbance of natural drainage patterns, near-shore sediment transport patterns, water quality or indigenous coastal vegetation shall be avoided or at least strictly controlled.
• Areas prone to high risk from dynamic coastal processes shall be identified and managed, to minimise the need for engineering works to protect property or people.
• Where practical, fixed structures located in hazardous areas shall be removed or relocated.
• Restoration and/or extensions of structures in hazardous areas shall be discouraged.
• Activities in high risk areas that are likely to result in significant public liability and/or ongoing maintenance costs shall be discouraged.
• A precautionary, risk-averse approach shall guide decision-making.

Objective B4.2: The potential consequences of climate change and associated sea-level rise shall be taken into account in all coastal planning and management.

• Appropriate preventative and adaptive measures shall be implemented.

Objective B5.1: Coastal resources of significant historical, archaeological, cultural and scientific value shall be identified and, where appropriate, preserved, protected or promoted.

• Significant sites shall be identified.
• Guidelines for the management of sites or areas shall be developed.
• Appropriate and alternative uses of sites shall be encouraged.
• Where necessary, inappropriate uses shall be terminated and inappropriate structures removed.

Objective B5.2: Traditional and cultural activities at the coast shall be given special consideration in coastal planning and management.

• Historical claims of indigenous peoples to coastal resources shall be recognised.
• Traditional resource use practices and cultural activities shall, where appropriate, be protected against the adverse impact of modern practices.

THEME C: POLLUTION CONTROL AND WASTE MANAGEMENT

A wide variety of point and non-point source pollutants and waste enter coastal ecosystems, largely through the medium of water. This has adverse effects on coastal ecosystems and humans. Fragmented control and authority frustrate effective management. Our coast should be planned and managed to ensure that pollution and waste do not compromise opportunities for sustainable coastal development.

Objective C1.1: The discharge of all land-based point and diffuse sources of pollution that are likely to end up in coastal estuaries, ground and surface waters and the air shall be minimised and strictly controlled.

• The direct disposal of untreated waste into river systems/coastal systems and estuaries shall be avoided or at least strictly controlled.
• Co-ordination of pollution control activities in catchment areas shall be promoted.
• Discharge of hazardous waste and synthetic products shall be prevented.
• Treatment of pollution discharges at source shall be encouraged.
• Reduction, recycling and re-use of waste at source shall be encouraged.
• Economic incentives shall be used to promote waste minimisation, re-use and recycling.

Objective C1.2: The discharge of marine pollutants and waste, especially ship-board waste, marine fuels and ballast waters, into coastal waters shall be minimised and strictly controlled.

• International and national marine pollution policies and protocols ratified by South Africa shall be implemented.
• Introduction of exotic organisms into coastal waters via ship ballast water shall be prevented.

Objective C1.3: Adequate and effective anticipatory and reactive measures shall be implemented to reduce the adverse consequences of human-induced coastal pollution disasters and hazards.

• Local and regional disaster plans shall identify key roles and responsibilities.
• Potential high pollution risk industries or activities shall prepare emergency plans and codes of conduct.

Objective C2.1: Pollution control and waste management measures shall be implemented to ensure that discharges are kept within the assimilative capacity of coastal ecosystems.

• The total loading or net effect of pollution shall be considered in allocating pollution and waste discharge permits.
• Relevant changes in key estuaries and river mouth systems shall be monitored.

Objective C2.2: The discharge of pollutants and waste into coastal ecosystems shall not be allowed to reach levels that adversely affect human health, use and enjoyment of the coast.

• Appropriate coastal water quality standards shall be set and maintained according to different uses.

Coastal ecosystems provide a range of goods and services that make enormous contributions to the economy and sustain coastal communities. Maintaining the capacity of these ecosystems to provide these goods and services is vital. Our coast, and the use of its resources, should be planned and managed to maintain the diversity, health and productivity of coastal ecosystems.

Objective D1.1: The natural functioning of coastal processes and the health and productivity of coastal ecosystems shall be maintained.

• The location of fixed structures, discharge of pollutants and waste, and other human activities shall be carried out so as to minimise negative impacts.
• Coastal planning and management efforts shall focus on whole ecosystems.

Objective D1.2: The biological diversity of coastal ecosystems shall be maintained.

• Rare and endangered coastal species shall be protected.
• Invasive alien organisms shall be strictly controlled.
• Regional biological diversity shall be maintained.
• Damaged stocks of coastal species shall be replenished.
• Community co-management of sensitive and vulnerable ecosystems shall be encouraged.

Objective D2.1: An adequate and representative system of protected areas shall be established and managed to maintain the diversity of coastal ecosystems, habitats and species.

• Areas deserving protected status shall be identified and acquired by appropriate means.
• Internationally and nationally significant sites should receive priority attention.
• Protected areas shall be managed as "bench marks" or base-line indicators for regional resource management efforts.
• Protected areas shall be managed to contribute to the regeneration of fish stocks.
• Protected area management practices shall involve the public and be informed by both scientific and local knowledge.

Objective D2.2: Coastal protected areas shall be integrated across both the land and sea, where practicable.

• Coastal protected areas shall include adjacent land and sea components where practicable.
• Neighbouring human activities shall be compatible with protected area management objectives.

Objective D2.3: The intensity of human use in protected areas shall vary according to the appropriate level of protection required to meet ecological objectives, local needs and the compatibility of activities.

• Appropriate applied research shall be undertaken.
• Compatible resource uses and educational activities shall be promoted.
• Compatible traditional uses shall be promoted.

Objective D3.1: An adequate understanding of the regenerative capacity of coastal ecosystems shall be developed to guide decisions about the appropriate types, scale and rate of renewable resource use.

• Appropriate applied research shall be undertaken.
• Downstream, cumulative and synergistic effects shall be considered.
• A precautionary approach shall be adopted under conditions of uncertainty.

Objective D3.2: The use of renewable coastal resources shall be guided by the need to optimise the long-term economic viability of the activity.

• Optimal rather than maximum use of resources shall be promoted.

Objective D4.1: Non-renewable coastal resources shall be used in a manner that retains multiple-use options in the public interest.

• Efficient and publicly beneficial uses shall be promoted.
• Concurrent uses of specific resources shall be allowed where possible.
• Preference shall be given to uses that do not significantly compromise other activities.

Objective D4.2: Non-renewable coastal resources shall be used in a manner that retains options for potential future and sequential uses in the public interest

• Activities that could significantly limit or diminish opportunities for future use shall be discouraged.
• Irreversible impacts and destruction of irreplaceable resources shall be discouraged or at least strictly controlled.

Objective D5.1: Coastal ecosystems and habitats which are substantially degraded or damaged as a result of past human activities shall be rehabilitated.

• An assessment of significantly degraded coastal areas shall be initiated.
• Attention shall be given to rehabilitating ecosystems in areas of intense human activity (e.g., ports, stormwater and sewage discharge points, industrial areas).
• A rehabilitation programme shall be prepared and implemented through a process of public participation, with the relevant organs of State playing a lead role.

Objective D5.2: Coastal developers shall rehabilitate degraded or damaged areas to acceptable standards.

• Those responsible for degradation or damage shall bear the full cost of rehabilitation.
• Alternative users, whose benefits are reduced due to damaged coastal ecosystems, shall have the right to claim compensation from those responsible for the damage.

Realising the ideal of sustainable coastal development requires meaningful participation by all spheres of government, the private sector and civil society. Our coast should be proactively planned and managed to promote efficient decision-making, co-operation, co-ordination and integration.

Objective E1.1: There shall be meaningful public participation in all coastal planning and management efforts.

• Particular attention shall be given to involving disadvantaged communities and groups such as women.
• Traditional knowledge shall be respected.
• The State shall actively promote open, inclusive, transparent and informative public participation processes.
• Private sector activities affecting other coastal users shall be subject to public participation processes.

Objective E1.2: Organs of State shall actively seek to foster a sense of co-responsibility by developing partnerships with the private sector and civil society in coastal planning and management.

• Public awareness of the need for partnerships and co-responsibility shall be developed.
• Community-generated projects and actions shall be encouraged.
• Alternative mechanisms for partnerships, ranging from co-management to public-private partnerships, shall be explored.

Objective E2.1: A coastal management awareness, education and training programme shall be developed and implemented for interested and affected parties.

• A national capacity building framework shall be developed, co-ordinated and funded.
• Formal and informal awareness, education and training programmes shall be developed to address current and anticipated needs.

Objective E2.2: Provision shall be made to ensure that there is adequate financial support, suitably trained and experienced staff, and appropriate technical equipment for coastal planning and management.

• Organs of State with sectoral responsibilities affecting coastal ecosystems shall ensure that adequate provision is made for them to fulfil their responsibilities in accordance with this Coastal Policy.
• Creative mechanisms for securing sustainable financing, equipment and human resources shall be investigated.

Objective E2.3: An effective, accessible, co-ordinated national information system shall be designed and maintained to support coastal planning and management efforts.

• A user-friendly, cost-effective and integrated national information system shall be developed to aid coastal managers.
• Provision shall be made to ensure that all interested and affected parties have access to information.
• Specialist and technical support for Governmental decision-making shall be provided.
• Management guidelines and codes of practice shall be prepared.

Objective E3.1: A combination of regulatory and economic instruments shall be used to promote more proactive and effective self-regulation and collective responsibility.

• Alternative models for coastal planning and management shall be explored.
• Coastal management styles that are flexible, adaptive and cost-effective shall be promoted.
• Lessons shall be drawn from traditional management practices.
• Where appropriate, but preferably as a last resort, regulatory measures shall be used to implement this policy.

Objective E3.2: Coastal planning and management decision-making and approval procedures shall be clarified, speeded up and simplified.

• The roles and responsibilities of organs of State in coastal planning and management shall be clarified.
• Where appropriate, a lead agency shall be identified.
• Coastal planning and management procedures shall be simplified and speeded up to promote efficient decision-making.
• Coastal planning and management procedures shall be accessible, simple to understand and affordable.

Objective E3.3: Institutional arrangements shall promote dialogue, co-operation, co-ordination and integration.

• Activities carried out by different sectors shall be co-ordinated and, where possible, integrated.
• Activities carried out by different spheres of Government shall be co-ordinated and, where possible, integrated.
• In order to implement this policy, legal and regulatory procedures and provisions shall be reformed where appropriate.

Objective E3.4: Conflict shall be resolved in a collaborative problem-solving, consensus-building manner.

• The focus shall be on proactive rather than reactive conflict resolution.
• Appropriate institutional arrangements shall be established to resolve coastal conflict.
• Accessible, voluntary, fair, and time- and cost-efficient conflict resolution procedures shall be promoted.
• Independent and impartial "third parties" shall assist in resolving coastal conflicts.
• Arbitration shall be used where consensus-based conflict resolution mechanisms fail.
• Attention shall be given to the appropriateness of establishing a coastal management ombudsperson.

Objective E4.1: International protocols and agreements relevant to coastal planning and management shall be fulfilled.

• Adequate financial and human resources shall be provided for this purpose, in all spheres of Government.
• Consideration shall be given to ratifying relevant coastal planning and management conventions, protocols and agreements to which South Africa is currently a party.

Objective E4.2: Harmonious relations shall be developed with countries whose activities directly or indirectly affect the diversity, health and productivity of South Africa’s coastal ecosystems.

• Particular attention shall be given to establishing cordial relations with Namibia and Mozambique.
• Attention shall be given to establishing cordial relations and sharing experiences with other coastal African countries and international organisations involved in regional coastal planning and management efforts in southern Africa.
• The State shall actively explore our participation in the United Nations Regional Seas Programme.
• Particular attention shall be given to those countries whose citizens or activities negatively affect South Africa’s coastal ecosystems or who conduct illegal activities in our territorial waters.
• Scientific co-operation amongst the international coastal research and management community shall be promoted.

Objective E5.1: A Coastal Management Programme shall be developed, implemented and adapted through a process of continuous research, monitoring, review and adaptation.

• A Coastal Management Programme shall be developed, implemented, monitored and reviewed, and the Coastal Policy updated every five years.
• An adaptive management and learning approach shall be promoted.
• Coastal planning and management guidelines and performance standards shall be prepared.
• Applied coastal research and monitoring programmes shall be supported by the State.
• An annual or bi-annual "State of Our Coast" report shall be prepared.

Objective E5.2: Coastal planning and management activities shall be strategic, focused and practically implementable.

• Provision shall be made to ensure adequate and sustainable financing for coastal management.
• Implementation measures shall be practical, regionally relevant, achievable and transparent.
• Pilot projects shall be established in all coastal provinces to investigate the practical implementation of the Coastal Policy.
• Initially, attention shall focus on a limited number of strategically important issues.
• Coastal management activities shall be phased in over time.

In the next chapter, possible legal and institutional models are proposed for achieving the policy goals and objectives outlined here.

Chapter 10

Possible Institutional & Legal Arrangements

This chapter makes proposals for possible institutional and legal arrangements to implement the Coastal Policy. It covers:

• Factors influencing the choice of arrangements
• Possible institutional arrangements
• Possible legal arrangements.

INTRODUCTION

The previous chapter suggested goals and objectives for coastal management. To achieve such goals and objectives, appropriate institutional and legal arrangements need to be considered and the preferred arrangements put in place. This will require the participation and support of all spheres of Government, the private sector and civil society. Furthermore, it will require the harmonisation of policies and actions of institutions responsible for different aspects of coastal management.

The institutional characteristics of our coast vary considerably, especially at the local level. It is often at the local authority level where many day-to-day coastal management responsibilities are carried out. It is important to note that different regions and provinces may need different coastal management arrangements, depending on their particular circumstances and the issues to be addressed.

The following factors should be taken into account when considering institutional and legislative arrangements for implementing the Coastal Policy:

• There is limited capacity and resources at all spheres of Government, especially in remote rural areas.
• There is a trend towards a more participatory and incentive-based approach and a move away from the traditional command-and-control style of coastal management.
• There is a need for adaptive management, rather than rigid, reactive management styles.
• There is a need to adopt an holistic, multi-pronged and phased approach for the implementation of the Coastal Policy.
• There is a need to foster improved co-ordination of national, provincial and local spheres of Government involved in coastal management, both vertically and horizontally, and to comply with constitutional and other legislative requirements for co-operative governance.
• There is a need to identify clearly the responsibilities and obligations of the various spheres of Government with respect to coastal management.
• There is a need to use and strengthen existing institutions rather than to create new ones.
• Consideration needs to be given to the many related legislative and policy initiatives currently taking place which provide opportunities and constraints for implementing the Coastal Policy.
• The current transitional phase of a number of related national and provincial legislation and policy initiatives needs to be taken into account.
• There is a need to consult and build strategic alliances with key organs of State which have jurisdiction in the coast.
• There needs to be acknowledgement of the varied conditions in different coastal areas that may require different management approaches and the fact that different functions may lend themselves to different institutional arrangements.
• There is a restructuring process underway in the Department of Environmental Affairs and Tourism.

To promote co-ordinated and integrated coastal management, particular attention must be given to identifying the appropriate sphere of Government in which coastal decisions should be made. This task is complicated, but could be facilitated by the rapidly changing socio-political circumstances in South Africa. Of note is the need to devolve power to provincial and local spheres of Government, and the constitutional directives to promote co-operation between spheres of Government and to foster civil society participation in governance.

Three distinct arrangements for institutional co-ordination and integration are presented. These arrangements include suggestions for all three spheres of Government, including possible Government-civil society partnerships for local level management.

Coastal Commission

• Recognising the economic importance of the coast and the need to ensure compliance with national policies, standards and norms relevant to the coast, a Coastal Commission would be created.
• This could be achieved through promulgating a Coastal Act or amending other legislation to create a Coastal Commission.
• This structure would be located above line Ministries, preferably in an office with responsibilities similar to the current Deputy President’s Office. The Commission would be answerable to the relevant office-bearer or parliament. This body should be comprised of non-governmental representation as well as appropriate experts.
• Its key functions would be to promote the ideal of sustainable coastal development, to monitor compliance of sectoral departments’ policies, programmes, plans and activities with the Coastal Policy, to review proposals affecting areas of strategic importance and to act as an ombudsperson.
• Sub-structures of this Commission would be established in the provincial and local spheres of Government to ensure that activities in these areas comply with the Coastal Policy.

The Department of Environmental Affairs and Tourism (DEAT) of national Government would be strengthened.

• Ideally, the Government agency responsible for planning (in all spheres) should be combined with the agency responsible for managing the environment.
• A Chief Directorate or Directorate would be created within the DEAT to take responsibility for integrated coastal management. For example, the existing Sea Fisheries Chief Directorate could be expanded and re-organised to take on this responsibility. Key functions in the national sphere would include formulating policies and guidelines, setting norms and standards, ensuring inter-departmental co-ordination, protection of the coastal heritage and fulfilment of our international obligations.

Provincial sphere

• A dedicated coastal office or unit would also be created within the provincial departments of environment and planning. (Note that this consolidation of environment and planning is being worked towards in KwaZulu-Natal.) Integration of these two functions would help to provide additional resources, staff and expertise for coastal management activities.
• Functions of the provincial coastal office or unit would include: the preparation of coastal management plans, identification of coastal development opportunities and sites and resources worthy of conservation, declaration and management of protected areas, review of environmental assessments of specified development activities and the programmes and plans of sectoral departments, development and implementation of coastal awareness programmes, and the incorporation of coastal considerations into the environmental implementation plans under the National Environmental Management Bill.

Local sphere

• Structures responsible for coastal management activities would be established. These would vary according to the size, location and capacity of local authority structures. For example, compare:

• Well-resourced local authorities (e.g., metropolitan councils and sub-structures, and certain local councils, e.g., Knysna, Richards Bay)
• Medium-resourced local authorities (e.g., certain district/regional councils and transitional rural and local councils, e.g., Port St John’s, Lamberts Bay)
• Poorly resourced, remote rural areas (e.g., Hondeklipbaai).

• Participation by all sectors of civil society (including business, resource users, recreational users and traditional leaders) in management is desirable and can assist in overcoming capacity constraints.
• Roles might vary, depending on the circumstances, issues and available resources. These could range from advisory, to "watchdog" and advisory, to active participation and even full responsibility under mandated guidelines.
• It is recognised that local Government cannot necessarily delegate its functions to another agency or committee. Certain activities could, however, be undertaken jointly. For example, participation in planning exercises (e.g., compiling Integrated Development Plans) and the allocation of specific management responsibilities (e.g., maintenance of recreational areas, patrolling estuaries and reporting offenders).

This model focuses on enhancing and consolidating existing capacity within the DEAT, creating new structures in the provincial sphere, and fostering partnerships between civil society and the local sphere of Government (see Figure 26). Particular attention would be given to improved co-ordination of coastal management activities.

National sphere

• This would involve strengthening the capacity and enhancing the status of the Coastal Management sub-directorate within the DEAT. The current transformation process occurring within the Department provides an ideal opportunity to effect these changes. Under-utilised staff, capacity and resources from other directorates and sub-directorates could be incorporated into a strengthened Directorate or Chief Directorate. As mentioned above, an extension of the existing Sea Fisheries Chief Directorate to assume responsibility for integrated coastal management might be appropriate.
• Key functions at national level would be formulating policies and guidelines relevant to the coast, setting norms and standards, ensuring compliance with the Coastal Policy by other organs of State, education, awareness, training and capacity building, monitoring and evaluation, and publishing regular "State of Our Coast" reports.
• Input and guidance would be provided to the anticipated environmental implementation plans provided for in the National Environmental Management Bill.

Provincial sphere

• Coastal units would be established within the provincial environmental/ conservation departments or, preferably, within the departments with provincial planning responsibilities.
• Functions would include the preparation of coastal management plans, identification of coastal development opportunities, sites and resources worthy of conservation, declaration and management of protected areas, review of environmental assessments of specified development activities and programmes and plans of sector departments, development and implementation of coastal awareness programmes, and incorporation of coastal considerations into the environmental implementation plans under the National Environmental Management Bill.

Local sphere

• The local model is similar to Model A, but uses existing local authority structures to set up co-management arrangements. It will consequently vary according to regional and provincial circumstances.
• It proposes a coastal management forum comprising representatives from different sectors of civil society, business and traditional leaders.
• The functions of this forum would be to provide advice and input into the coastal management activities and decisions that fall within the ambit of local Government responsibility.

Creating strategic links with other key national departments

• Rather than create new institutions, or propose radical restructuring within departments, this model seeks to achieve institutional co-ordination and, where possible, co-ordination and integration through fostering strategic alliances between the relatively weak DEAT and agencies such as the Department of Trade and Industry (DTI), the Department of Water Affairs and Forestry (DWAF) or the Department of Land Affairs (DLA).
• This option does not necessarily require new legislation but seeks to set in place mechanisms for improved co-ordination across sectors and integration of the Coastal Policy into various planning processes (e.g., Integrated Development Plans) and economic development initiatives (e.g., Spatial Development Initiatives).
• Should legislation be considered necessary, this could be done through a new Coastal Act, or inclusion of key principles into other pending legislation, such as the National Environmental Management Bill.

National sphere

• Various inter-departmental structures (e.g., committees or working groups) would be responsible for formulating policy, developing guidelines (including guidelines for monitoring and evaluation), setting standards, norms and coastal performance indicators, and developing and maintaining national information systems relevant to the coast.
• These structures would provide assistance to provincial coastal working groups.
• These structures would also take responsibility for international obligations.
• The Committee for Environmental Co-ordination would play a co-ordinating role with other relevant national and provincial departments. If necessary, a coastal management sub-committee could be created within the Committee for Environmental Co-ordination.

Provincial sphere

• A strategic alliance would be formed between the DTI, DLA or DWAF and relevant environmental or planning departments at the provincial or regional level.
• Various inter-departmental structures (e.g., committees, working groups with a specific focus, e.g., development planning) would be established to undertake relevant functions.
• Provincial coastal management plans would be prepared on the basis of national policies and guidelines.
• The adoption of national principles, standards and guidelines would be ensured in planning and decision-making. Where necessary, national guidelines would be supplemented with specific regional guidelines.
• Procedures would be established for the co-ordination of coastal matters and for conflict resolution.
• Guidelines would be provided for the integration of coastal concerns at the local level.

Local sphere

• The local model is similar to Model A and B for Option 1. The link to the provincial level of Government for Option 2 will, however, be via the National Department’s regional offices.

Key Questions

• Which of the three models is likely to lead to a more co-ordinated and effective coastal management system in South Africa?
• Can elements of different models be combined to form a better institutional arrangement for your region and province?
• What arrangement is likely to be the most acceptable in terms of administrative, financial and political considerations?

POSSIBLE LEGAL ARRANGEMENTS

Two broad alternatives need to be considered. Existing and pending legislation might be used to implement the appropriate institutional arrangements, or new legislation might be necessary.

Using Existing and Pending Legislation

The key existing or pending statutes are outlined below.

The Sea Shore Act, although dated, is fundamental to any existing or proposed institutional arrangement for the coast. The Act is built on the fundamental Roman Dutch Law premise that the sea and sea-shore is res publicae, that is, owned by the State (vested in the State President) for the use and benefit of the public. Whilst protecting the public interest of the sea and sea-shore, it does not provide for any form of access rights to the sea-shore from above the high water mark. Furthermore, the Act also states that leases can be entered into for a number of uses of the sea and sea-shore, but that these are to be in the public interest.

The Act applies only to the sea and sea-shore, that is, the area below the high water mark, up to 12 nautical miles (the territorial waters). As the coastal area is dynamic in nature and continually subject to physical changes, the Act also provides for determining the location of the high water mark.

With regard to administrative and institutional arrangements, the Act makes provision for the Minister of Environmental Affairs and Tourism, or an authorised local authority, to promulgate regulations about the control and use of the sea and sea-shore. It also authorises the levying of fees for specific uses of the area. In 1995 all the key administrative provisions of the Act were assigned to the coastal provinces.

The Bill seeks to establish a new environmental management policy for South Africa. A major emphasis of the Bill concerns co-operative governance. It seeks to ensure that the environmental rights set out in the Constitution are protected and fulfilled. A number of instruments have been proposed to give effect to this purpose.

The DEAT is the lead agent responsible for providing Government’s custodianship of the environment. The Bill allows for roles by other sectoral environmental policies at both national and provincial levels of Government.

The foundation of the Bill is a set of principles in Chapter 1, which are to apply throughout South Africa. Examples of such principles are:

• Development must be sustainable
• Environmental degradation must be minimised
• Access to resources must be equitable
• Inter-Governmental conflicts must be resolved through conflict resolution procedures
• The environment is held in public trust for the people (echoing the public nature of the sea and sea-shore described above).

• A National Environmental Forum will be established, comprising interested and affected parties, to inform the Minister about appropriate implementation measures.
• The Committee for Environmental Co-ordination will promote the integration and co-ordination of environmental functions of organs of State and, in particular, the environmental implementation plans.
• Each organ of State must prepare environmental implementation plans.
• Environmental management co-operation agreements allow for co-management involving different stakeholders.
• The Minister can prepare model by-laws aimed at establishing environmental management systems within the jurisdiction of a municipality.

The Environment Conservation Act 73 of 1989

The Act was originally passed to provide a basis for environmental management in South Africa. Many of its provisions are likely to be repealed by the National Environmental Management Bill of 1998. The Bill does not, however, repeal

Part V, which provides for the "Control of Activities which may have a Detrimental Effect on the Environment". Part V essentially deals with environmental impact assessment and gives the Minister power to declare either "activities" or "Limited Development Areas".

The DEAT is the lead agent responsible for providing Government’s custodianship of the environment.

Certain activities may be declared "affected activities" and a report on the impact of the activities on the environment may be required. A list of such activities was promulgated in the Government Gazette in September 1997 and includes a number of activities which are dedicated specifically to the coast, e.g., the construction or upgrading of marinas, harbours and all structures below the high water mark.

Other activities are indirectly relevant, e.g., "public and private resorts and association infrastructure". The application of the September 1997 regulations has been delegated to the provinces.

Part V also provides for the declaration of Limited Development Areas (Section 23). This allows for the declaration of an area such as the 1 000 m "limited area" envisaged by the 1985 "Wiley Regulations". The effect of such a declaration is that an environmental assessment is required for any new development in such an area. This section has been assigned to the provinces but it has not been put into practice.

Development Facilitation Act 67 of 1995 and Provincial Planning Legislation

Purpose

The national Development Facilitation Act of 1995 sets out to facilitate and speed up implementation of development programmes and projects in relation to land, and to lay down general principles governing land development in South Africa.

Provincial planning and development legislation is currently being formulated in terms of the Development Facilitation Act (although some provinces appear less inclined to apply it than others). Consideration could be given to incorporating coastal planning principles into the general principles provided for in that Act and the related provincial legislation.

Provincial spatial planning is the responsibility of the respective provinces.

The following options could be considered.

Comprehensive Coastal Management Act

This would involve passing a comprehensive Act that would govern all activities in a defined coastal area. A "super coastal agency" could be required to implement such a law. Although such an arrangement has been viewed as appropriate in a number of other countries, its practicality for the current South African context has been seriously questioned and it is likely to enjoy little support amongst Governmental decision-makers.

The most recent example of a Framework Act is the National Environmental Management Bill. Such an approach focuses on the development of norms to govern the actions of various role players.

A Framework Coastal Act could be built, at least in part, around the Sea Shore Act. Such an Act could preserve the philosophy and other positive provisions of the Sea Shore Act, whilst extending it and bringing it into line with contemporary needs and circumstances where necessary. For example, the changes outlined below could be made:

• The Sea Shore Act guarantees the public status of the coast by ensuring that the sea and sea-shore are inalienable. It does not, however, provide for public access to the sea or sea-shore, nor does it mention the Admiralty Reserve.
• A Framework Coastal Act could improve on the situation by providing for access to the coast, whilst respecting private property rights.
• A Framework Coastal Act could more clearly delineate the respective roles and responsibilities of national, provincial and local spheres of Government with respect to coastal areas, which at present are confusing and contradictory. It could also address contentious jurisdictional issues, such as control and regulation of critical coastal ecosystems such as estuaries.
• More specifically, such an Act could specify coastal principles, require coastal programmes to be developed, provide for appropriate institutions and interaction with other institutions (taking account of institutions under other Acts), require coastal provinces to formulate their own Coastal Management Acts and provide for incentives in this regard.
• A Framework Coastal Act could also suggest model provincial coastal management legislation which coastal provinces could adapt to meet their individual needs.

Coastal provinces could create provincial Coastal Management Acts to reflect their specific management requirements for the coast. These acts could be created with or without a national Coastal Framework Act.

Specific coastal principles, focus or actions could be added to various national and provincial legislation and policies. Examples include:

• The Tribunals in the Development Facilitation Act could be used to resolve coastal resource management disputes.
• Coastal-specific principles could be added to the National Environmental Management Bill.
• Specific direction for coastal management could be given in terms of the new Water Act for areas such as estuaries and river mouths.
• The respective Planning and Development Bills of the coastal provinces could include specific principles, goals and objectives for coastal management.

Key Questions

• Should we even be considering new coastal legislation, given the significant amount of new environmental and development legislation in the country?
• If we accept that new legislative instruments will improve coastal management in South Africa, which is preferable — a comprehensive act, a framework act or ensuring that existing initiatives are more responsive to coastal concerns?
• If no new coastal legislation is enacted, what should be done with the Sea Shore Act, which needs to be updated?

The final chapter of this Green Paper outlines the next steps in finalising a Coastal Policy, preferably in the form of a White Paper.