DEBATING WHERE THE SET BACK LINE SHOULD BE
NEMA depicts an estuary as a „water body‟, in which case set back is 32m. It is important that NEMA and the ICM Bill are aligned (and likewise the EIA regulations).
Henk Olivier of Overstrand Municipality’s planning department noted that DWAF does not allow development below the 50 yr floodline but nevertheless also requires that you show the 100 yr floodline in applications but this is not always of practical use.
Currently DEA&DP are using the 1:50 yr floodline, as is DWAF. MCM is also considering whether this is an acceptable setback line. Part of the problem is that in an estuarine environment the appropriate level for development is localized so that in one part of the estuary it may be the 1:50 year floodline, whereas in another, it may be better represented by a contour line e.g. 2m above the high water mark, depending on the steepness of the bank.
So the setback policy for estuaries is still a work in progress on a national and provincial level, because the National Water Act covering rivers says the 1:100 year floodline, and anything relating to the high water mark in the Integrated Coastal Management Act does not apply to estuaries that are closed to the sea. The estuary experts propose the 5m contour as a setback line above the 3m msl.
In a nutshell
The Municipality needs to confirm the 5m above msl contour setback line and enforce compliance
