Coastal zone cadastral land "high water mark" Whittal "integrated coastal management" icma amendment bill_sagi aug_2013
•Download as PPTX, PDF•
2 likes•1,152 views
What is the effect of the Integrated Coastal Management Act proposed Amendments - land surveyor's perspective
![ICMA Amendment Bill definition
by the substitution for the definition of ‘‘high-water
mark’’ of the following definition:
‘‘ ‘high-water mark’ means the highest line reached
by coastal waters,
but excluding any line reached as a result of—
(a) exceptional or abnormal [floods or storms that
occur no more
than once in ten years] weather or sea conditions;
or
(b) an estuary being closed to the sea;’’](data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7)
Recommended
More Related Content
What's hot
What's hot (20)
Viewers also liked
Viewers also liked (20)
Similar to Coastal zone cadastral land "high water mark" Whittal "integrated coastal management" icma amendment bill_sagi aug_2013
Similar to Coastal zone cadastral land "high water mark" Whittal "integrated coastal management" icma amendment bill_sagi aug_2013 (20)
Recently uploaded
Recently uploaded (20)
Coastal zone cadastral land "high water mark" Whittal "integrated coastal management" icma amendment bill_sagi aug_2013
- 1. THE ICMA 24 OF 2008 AMENDMENT BILL – SAGI UPDATE Jennifer WHITTAL, Geomatics, UCT
- 2. ICMA Amendment Bill definition by the substitution for the definition of ‘‘high-water mark’’ of the following definition: ‘‘ ‘high-water mark’ means the highest line reached by coastal waters, but excluding any line reached as a result of— (a) exceptional or abnormal [floods or storms that occur no more than once in ten years] weather or sea conditions; or (b) an estuary being closed to the sea;’’
- 3. 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
- 4. Erosion and accretion There will no longer be replacement of curvilinear HWM boundaries with fixed straight line boundaries Natural erosion and accretion will now still occur with the moving HWM boundary As in river boundary movement, this is not a land transfer, therefore not alienation of coastal public property HWM and straight line bounded land can lose land to the sea HWM land can gain land by accretion without limit Straight line land can only gain land which was landward of the straight line at grant
- 6. Coastal Protection Zone in Fish Hoek Flood Prone areas 61 land units, 15 fully inside Agricultural zoning/not zoned/not township or urban within 1000m of HWM 10 land units, 9 fully inside Areas within 100 m of HWM 219 land units, 151 fully inside Total 290 land units in the CPZ Only 175 fully inside
- 7. Counter arguments to comments made at portfolio committee hearings: Argument to include the 1:10 year storms again Coastal land will be lost compared to the Sea Shore definition land ownership Is the intention to increase the sea shore, or to manage coastal development? Workshop discussions - failure to enforce the existing legislation (people building below the HWM or preventing access to the sea shore) is the issue - it does not require a change in the position of the HWM. 1:10 year storm evidence is not visible on the ground for long the physical evidence is essentially the "monument/beacon" which is used by Joe Public to ascertain when he/she is on the sea shore as opposed to private land little evidence for surveyors or others to locate the position on the ground as required by law - surveys cannot wait until this storm event
- 8. Counter arguments to comments made at portfolio committee hearings: Contented that without the 1:10 included, that the HWM moves instantaneously with the high water. No, under the Sea Shore Act, the position was defined annually and coincident with usual meteorological, weather (storm) and astronomical (spring tide) effects. Now, under the proposed amendment bill, all but the exceptional events are included. This, by implication, includes expected meteorological, weather (storm) and astronomical (spring tide) effects - these effects may not coincide annually, but are likely to coincide every two or three years, I would think. Evidence will most likely remain visible on the shoreline from which the person (be it the surveyor or Joe Public) can ascertain the most likely position of the legal HWM.
- 9. Counter arguments to comments made at portfolio committee hearings: It was put to the PC that land ownership is possible up to the middle of an estuary. no – never has been – estuaries are below the HWM and are part of coastal waters where the river ends and the estuary begins – that is rather the question Contention that the moving HWM results in alienation of CPP land which is prohibited: fluid river boundary: land unit and hence the ownership is ager non-limitatus and unconstrained in area . When the boundary moves there is no transfer. Area can change without alienation taking place. sea-shore and coastal HWM boundary land parcels are ager non-limitatus
Editor's Notes
- My name is Jenny Whittal – academic member of staff in Geomatics at the University of Cape Town. Thank you for the opportunity to address this committee on the Amendment Bill to the ICMA.
- Much clearer 1:10 year removed
- I am still unclear as to the legal meaning of estuaries closed and open to the sea. I understand that there is an environmental classification of all SA estuaries, but this is not a legal definition or classification. Clarification is critically important as the sea shore may extend way inland for an open estuary and not for a closed estuary. Land bordering on estuaries is often of high value and this is likely to be contested if not clarified here. My suggestion is as follows: Open estuary: an estuary which has been open to the sea for any period of time in the previous 10 year period – this would therefore include those temporarily open to the sea and those permanently open to the sea Closed estuary: an estuary which has not been open to the sea in the previous 10 year period
- 5
- The inclusion of some land units may cast the CPZ far into the interior and way beyond what could be considered the coastal environment. Some land parcels have sections close to the coast, but are very large and the whole land unit is then burdened as being part of the CPZ. This is likely to occur due to 16(d) which includes the whole of a land unit where any part of this falls within 1km of the HWM (rural land) and 16(e) 100m from the HWM (urban land). 16(i) which includes any land unit adjacent to a 100 year flood/storm event Is the intention to include such parcels into the CPZ? What about parcels only partially falling in this zone – follow cadastral boundaries?
- Some questions remain, and I suppose we will find our way with the new legislation over time. But I am very grateful for the opportunity to engage with the Dept of Environmental Affairs and Tourism in regards to the Act, the Bill and the effect on property boundaries, and this Bill has gone a long way to allaying my fears with the implementation of the Act as it currently stands.