THE ICMA 24 OF 2008 AMENDMENT BILL
– PRESENTATION FOR THE PORTFOLIO COMMITTEE
Jennifer WHITTAL, Geomatics, UCT
Estuaries

Definition of estuary open to the
sea and closed to the sea:



Legal vs environmental definitions
Critical for defining the HWM and
set backs such as CPZ extents
Unless there is a definition which
will stand up in boundary law, I suggest:
 Open
estuary: an estuary which has been open to the sea for any
period of time in the previous 10 year period
 Closed estuary: an estuary which has not been open to the sea in the
previous 10 year period
Sections 14(5)(c) – Erosion
If the high-water mark moves inland of the boundary line
of a land unit due to the erosion of the coast, sea-level
rise or other causes, the owner of that land unit …..
REPLACE WITH:
 If the high-water mark is landward of a straight line
boundary of a coastal land unit when this Act took effect,
or if the high-water mark moves landward of that
boundary line [inland of the boundary line of a land
unit] due to the erosion of the coast, sea-level rise or
other causes, the owner of
a coastal [that] land unit …

Sections 14(6) - accretion



If the high-water mark moves seaward [of the boundary line
of a land unit] due to the accretion of the coast—
the owner of a [that] land unit bounded by the high-water
mark [or a stated distance from the high-water mark] when
this Act took effect, gains ownership of any portion of that
land unit that is situated above the high-water mark; or
the owner of a land unit bounded by a straight line boundary
when this Act took effect, gains ownership of that portion of
the land unit which is above the HWM and inland of the
straight line boundary.
Sections
14(5)(c)
Coastal Protection
Zone in Fish Hoek

Flood Prone areas


Agricultural zoning/not zoned/not
township or urban within 1000m of
HWM


10 land units, 9 fully inside
Areas within 100 m of HWM


61 land units, 15 fully inside
219 land units, 151 fully inside
Total 290 land units in the CPZ

Only 175 fully inside
contact: [email protected]