Environmental affairs again rejects application to stabilise Diaz Beach

Update

MOSSEL BAY NEWS - After the provincial government rejected Mossel Bay Municipality’s application to urgently stabilise the eroded dunes at Diaz Beach for a second time, the municipality has said it will intensify its efforts to find a solution to this emergency.

A Section 30A application to urgently use geotextile sandbags at the toe of the dune to protect it was sent to the Western Cape Department of Environmental Affairs and Development Planning (DEADP) in July, shortly after the adverse weather conditions severely damaged the Diaz Beach dunes.

The department rejected the application later that month and instead issued a directive permitting the restoration of two municipal stormwater structures.

However, the municipality made a second application on 14 August, again requesting to use geotextile sandbags, and the department made a request for a virtual meeting on 21 August.

When Monday 24 August dawned, the department issued its second rejection. This means the municipality cannot proceed with the stabilisation measures.

The municipality stated, however, that a formal response to the second rejection was sent on Wednesday 26 August, due to “the imminence and seriousness of the situation, the condition of the dune and the threat of serious harm and damage...”

An item that served before Council this morning, 27 August, put it on record that the municipality therefore indemnified itself against any inaction, failure, omission or refusal by the department, as well as claims or loss of life resulting from the department’s actions.

“The response formally records both the seriousness of the risk and the municipality’s repeated attempts to obtain the environmental authorisation required for its proposed emergency intervention. The record distinguishes between unwillingness to act and the legal inability to implement a specific intervention without the required authority.”

It was unanimously resolved in Council that the municipality was in the process of compiling an appeal; further external legal advice was being sought on the way forward and that an urgent interim interdict be sought should reasonable grounds exist; a letter had been forwarded to the DEADP in response to the rejection, stating the municipality indemnified itself against the inaction, failure, omission or refusal of the DEADP and any claims or loss of life resulting from DEADP’s actions.

“The municipality cannot disregard the environmental mandate of another sphere of government or proceed without the required authority. At the same time, it is not stepping away from its responsibility to protect the public interest.”

As one of Mossel Bay’s most popular beaches and an important role player in local tourism, the municipality said safe access is important to residents, visitors and the local businesses supported by tourism activity.
It said it cannot commit to a date for restoring full access to the beach while the environmental and legal processes remain unresolved. t

“What the municipality can confirm is that Diaz Beach remains a priority and that the matter is being pursued with urgency and resolve. The municipality remains resolute in pursuing every reasonable and lawful avenue available to protect the public interest and secure an appropriate way forward for Diaz Beach.”

It added that residents and visitors are urged to respect all access restrictions, barriers and safety notices while the risks associated with the eroded dune remain unresolved.

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