St Francis Bay Riparian Association

INTERPRETATION OF ENVIRONMENTAL LEGISLATION: ST FRANCIS BAY MARINA

In March 2011, the St Francis Bay Riparian Owners Association sought legal intervention regarding the interpretation of certain sections contained in the National Environmental Management Act 1998 specifically with regard to the new proclamations setting out listed activities.

The Kouga Municipality interpreted the Act to apply to the entire St Francis Bay Marina and as a result, home owners either building new structures or renovating existing properties on the canals, were required to submit Environmental Impact Assessments (EIA) prior to any construction taking place.

Our lawyer, Mr. Michael White of Lexicon attorneys, challenged the interpretation of various clauses specifically regarding the definition of the canals as being part of the estuary.

We are happy to report that he was successful in his application for an order by the Court declaring inter alia that the majority of canal erven now fall outside of the requirements for an EIA, thereby saving the canal owners in the region of R35k per application.

	Notice of Opposition
	Case File
	High Watermark Map


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