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Contents (1979 - 13)
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Coastal Protection Act 1979 No 13
Historical version for 4 June 2015 to 7 July 2015 (accessed 29 January 2020 at 18:57) Repealed version
Part 3 Section 51
51   Enforcement by notice
(1)  Without derogating from the rights of the Minister under any other law, where a person does any thing without or otherwise than in accordance with a concurrence of the Minister required by or under this or any other Act, the Minister may serve a notice on that person requiring the person:
(a)  to refrain from doing that thing,
(b)  to do that thing in such manner specified in the notice as, in the opinion of the Minister, is necessary to ensure that the coastal zone or any part of the coastal zone is not adversely affected thereby, or
(c)  to do such other things specified in the notice in such manner and within such time, if any, as may be so specified as, in the opinion of the Minister, is necessary to ensure that the coastal zone or any part of the coastal zone is restored to the condition it was in before that thing was done.
(2)  A notice under subsection (1) may require the demolition or removal of a building or work in whole or part.
(3)  A person shall comply with a notice served on the person under subsection (1).
(4)  If a person on whom a notice under subsection (1) is served fails to comply with the notice, the Minister may do all such things as are required by the notice and may recover the costs and expenses of so doing from the person as a debt in any court of competent jurisdiction.
(5)  A notice under subsection (1) may be served:
(a)  in the case of an individual:
(i)  by delivering it to the individual, or
(ii)  by sending it by prepaid post addressed to the individual at his or her usual or last known place of abode or his or her last known place of business, or
(b)  in the case of a person not being an individual:
(i)  by leaving it at the person’s place of business, or, if the person is a corporation, at the registered office of the corporation, with a person apparently in the service of the person on whom the notice is to be served and apparently not less than 16 years of age, or
(ii)  by sending it by prepaid post to the person at the person’s last known place of business.
(6)  Notice shall, in respect of a notice sent by prepaid post in accordance with subsection (5) (a) (ii) or (b) (ii), be deemed to have been given at the time at which the notice would be delivered in the ordinary course of post.