His original house was built in 2011-12 without authorisation in terms of the National Environmental Management Act – a legal requirement because it was constructed within the proclaimed 100m coastal strip. The house was just 35m from the high-water mark and too close to the coastal dunes, according to the environmental authorities.
Last year, Emslie acknowledged these transgressions and paid a R175,000 fine so that he could file an application for condonation of the illegal building work: a so-called section 24G application in terms of the Nema seekingplanning, environmental and heritage approvals for the illegal construction from the provincial department of environmental affairs and development planning.
But when he built the replacement house after the fire, the application was still being assessed and no decision had yet been made by the province. In November 2018, the department told Ranger Outback Promotions that the fine of R175,000 must be paid before the new application could be processed. In a letter signed by advocate Charmaine Maré, the director of environmental governance, the company was told that the fine had to be paid “before the competent authority may consider your report and thereafter issue or refuse an environmental authorisation”.
Just one question here. Who does the property belong to?
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