(a) promoting and participating in environmental education;
(b) building environmental values and sustainable life styles;
(c) securing the protection and wise use of natural areas of wildlife;
(d) generating individual and community action;
(e) serving as an environmental watchdog;
(f) influencing policy and decision making;
(g) operating democratically;
Third and fourth applicants are members of the wild coast cottage owners Association, a
voluntary association of persons who are all owners or occupiers of approved sites in designated
and recognized resort areas along the Transkei Wild Coast.
It is common cause between the parties that over the past few years certain land use practices
have developed along almost the entire Transkeian coast line which have been destructive are
destructive and are potentially destructive of the ecological integrity of that coastline and that as
such they constitute a very real threat to the environmentally sensitivity of the area in question.
In order fully to understand applicants’ complaints in respect of such land use practices it is
necessary to set out the provisions of s 39 of Decree 9 refereed to in para 1 of the notice of
motion. Section 39 provides as follows:
39(1) There is hereby established on the entire length of the sea shore excluding any national
park, national wildlife reserve, municipal land, sea side resort, site occupied in terms of Proc 174
of 1921 or Proc 26 of 1936, privately owned land and leasehold land, a coastal conservation area
1000 meters wide measured:-
(a) in relation to the sea as distinct from a tidal river and tidal lagoon from the high water mark:
(b) In relation to a tidal river or tidal lagoon, from the highest water-level reached during
ordinary storms during the stormiest period of the year, excluding abnormal floods.
(2) Notwithstanding anything in any other law or in any condition of title contained, no person
shall with in the coastal conservation area, save under the authority of a permit issued by the
department in accordance with the plan for the control of coastal development approved by
resolution of the military council:-
(a) clear any land or remove any sand, soil, stone or vegetation;
(b) develop any picnic area, caravan park or like amenity;
(c) erect any building;
(d) construct any railway, landing strip, slipway, landing stage or jetty;
(e) build any dam, canal, reservoir, water purification plant, septic tank or sewerage works;
(f) lay any pipeline or erect any power line or fencing;
(g) establish any waste disposal site or dump any refuse;
(h) construct any public or private road or any bridle path or footpath;
(i) carry on any other activity which disturbs the natural state of the vegetation, the land or any
waters or which may be prescribed;
The land practices and other activities with which applicants are concerned are set out in the
affidavit of Mr.Cooper as follows: