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Tuesday, 29 October 2013] 48973 Section 6: Insertion of new subsection 4 to clarifyownership of organs of stateThis clause clarifies the ownership and status of assets ownedby organs of state, like Transnet, within coastal public propertyand that they can continue to enjoy the use and control of thesea space within ports and harbours.4 Amendment of section 7: Coastal public propertyThe Act creates the notion of “coastal public property” (CPP),which comprises the territorial waters of South Africa up to thehigh-water mark and includes admiralty reserves. In otherwords, the beaches, sea and sea-bed which occur below thehigh-water mark form part of coastal public property. Section11 of the Act (which is not yet in operation) vests ownership ofthese natural assets in the citizens to be held in trust by theState. Section 65 (also not yet in operation) prohibitsoccupation of CPP without a lease from the Minister of theDepartment of Environmental Affairs (the Minister). CoastalPublic Property cannot be sold or leased. The Act did notclearly specify whether the infrastructure below the highwater-mark also formed part of coastal public property and asa result, organs of state, such as Transnet, felt uncertainabout the status of their assets within ports. Transnet, forexample, leases out spaces on jetties which extend into thesea in order to fund port operations. They are concerned thatthe Act may be interpreted as divesting Transnet of itsownership and right to lease these jetties. In addition, they areconcerned that the 20-year limitation on leases in section 65limits their ability to secure finances through long-term leases.Clause 4 seeks to clarify that coastal public property does notinclude assets or infrastructure above or below the high watermark.Hence the Act would not negatively impact on theirleases as they would not be subject to the ownership andlease restrictions in sections 11 and 65.ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS NO 147─2013