St Francis Bay’s canal property owners have been saved thousands
– St Francis Bay Riparian Association wins ruling that most canal properties don’t need an EIA before building or renovating
A dispute between the St Francis Bay Riparian Owners Association and Kouga Municipality over interpretation of certain sections contained in the National Environmental Management Act 1998 has been settled.
The Assocation’s attorney 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 canal owners in the region of R35k per application.
According to the Association’s press statement received today, in March this year the Association sought legal intervention regarding the interpretation of the Act , specifically with regard to the new proclamations setting out listed activities.
“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.”
The Association’s lawyer, Michael White, had challenged the interpretation of various clauses specifically regarding the definition of the canals as being part of the estuary.
See more details of the court ruling at : http://www.sfbra.co.za/
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