Coastal Protection Act 1979 No 13

This Act may be cited as the Coastal Protection Act 1979.

(1)  This section and section 1 shall commence on the date of assent to this Act.

(2)  Except as provided in subsection (1), the several provisions of this Act shall commence on such day or days as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

The objects of this Act are to provide for the protection of the coastal environment of the State for the benefit of both present and future generations and, in particular:

(a)  to protect, enhance, maintain and restore the environment of the coastal region, its associated ecosystems, ecological processes and biological diversity, and its water quality, and

(b)  to encourage, promote and secure the orderly and balanced utilisation and conservation of the coastal region and its natural and man-made resources, having regard to the principles of ecologically sustainable development, and

(c)  to recognise and foster the significant social and economic benefits to the State that result from a sustainable coastal environment, including:

(i)  benefits to the environment, and

(ii)  benefits to urban communities, fisheries, industry and recreation, and

(iii)  benefits to culture and heritage, and

(iv)  benefits to the Aboriginal people in relation to their spiritual, social, customary and economic use of land and water, and

(d)  to promote public pedestrian access to the coastal region and recognise the public’s right to access, and

(e)  to provide for the acquisition of land in the coastal region to promote the protection, enhancement, maintenance and restoration of the environment of the coastal region, and

(f)  to recognise the role of the community, as a partner with government, in resolving issues relating to the protection of the coastal environment, and

(g)  to ensure co-ordination of the policies and activities of the Government and public authorities relating to the coastal region and to facilitate the proper integration of their management activities, and

(h)  to encourage and promote plans and strategies for adaptation in response to coastal climate change impacts, including projected sea level rise, and

(i)  to promote beach amenity.

s 3: Rep 1999 No 31, Sch 5.15. Ins 2002 No 85, Sch 1 [1]. Am 2003 No 102, Sch 2.1 [2]; 2010 No 78, Sch 1 [1].

(1)  In this Act, except in so far as the context or subject-matter otherwise indicates or requires:

authorised officer means a person who is appointed as an authorised officer under section 7.

beach means the area of unconsolidated or other readily erodable material between the highest level reached by wave action and the place where tidal or lake waters reach a depth of 10 metres below Australian Height Datum.

Coastal Authority—see section 6.

coastal hazard means the following:

(a)  beach erosion,

(b)  shoreline recession,

(c)  coastal lake or watercourse entrance instability,

(d)  coastal inundation,

(e)  coastal cliff or slope instability,

(f)  tidal inundation,

(g)  erosion caused by tidal waters, including the interaction of those waters with catchment floodwaters.

Coastal Panel means the NSW Coastal Panel established under Part 2A.

coastal protection works means activities or works to reduce the impact of coastal hazards on land adjacent to tidal waters and includes seawalls, revetments, groynes and beach nourishment.

coastal region includes the coastal zone.

coastal zone means:

(a)  the area within the coastal waters of the State as defined in Part 10 of the Interpretation Act 1987 (including any land within those waters), and

(b)  the area of land and the waters that lie between the western boundary of the coastal zone (as shown on the maps outlining the coastal zone) and the landward boundary of the coastal waters of the State, and

(c)  the seabed (if any) and the subsoil beneath, and the airspace above, the areas referred to in paragraphs (a) and (b).

Note—

The coastal zone consists of the area between the western boundary of the coastal zone shown on the maps outlining the coastal zone and the outermost boundary of the coastal waters of the State. The coastal waters of the State extend, generally, to 3 nautical miles from the coastline of the State.

coastal zone management plan means a coastal zone management plan made under Part 4A.

council means a council or a county council within the meaning of the Local Government Act 1993.

Department means the Department of Environment, Climate Change and Water.

designated authority—see section 4C.

Director-General means the Director-General of the Department.

emergency action subplan means that part of a coastal zone management plan that deals with the matter referred to in section 55C (1) (b) (emergency action during periods of beach erosion).

functions includes powers, authorities and duties.

landowner or owner of land, in relation to land that is part of a strata scheme (within the meaning of the Strata Schemes Management Act 1996), means, for the purposes of Parts 4C and 4D, the relevant owners corporation.

principles of ecologically sustainable development means the principles of ecologically sustainable development described in section 6 (2) of the Protection of the Environment Administration Act 1991.

public authority means a Minister of the Crown of the State, a department or instrumentality of the State, a council and any other public or local authority constituted by or under any Act, and includes any prescribed body.

public land means:

(a)  Crown land within the meaning of the Crown Lands Act 1989 or land within a reserve as defined in Part 5 of that Act, or

(b)  land owned or under the care, management or control of a council or a public authority,

but does not include any land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act.

regulation means a regulation made under this Act.

relevant local council, in relation to temporary coastal protection works and coastal protection works, means:

(a)  if the works are within the area of a council—that council, or

(b)  if the works are not within the area of any council—the council whose area is nearest to the works.

residential building means a building (such as a dwelling-house or residential flat building) that is solely or principally used for residential purposes.

road work has the same meaning as in the Roads Act 1993.

temporary coastal protection works—see Division 1 of Part 4C.

(2)  A reference in this Act to the exercise of a function includes, where the function is a duty, the performance of that duty.

(3)  Notes included in this Act do not form part of this Act.

s 4: Am 1995 No 11, Sch 1; 1998 No 46, Schs 1 [1], 3 [1]; 2010 No 59, Sch 2.14; 2010 No 78, Sch 1 [2]; 2012 No 71, Sch 1 [2]–[4].

(1)  A reference to maps outlining the coastal zone is a reference to:

(a)  the maps approved for the purposes of this Act by the Minister, and

(b)  if those maps are amended or replaced by further maps so approved by the Minister, the maps as so amended or replaced.

Editorial note—

For approvals published in the Gazette, see Gazette No 140 of 18.11.2005, p 9629. This does not constitute a complete list of approvals.

(2)  The Minister is to ensure, when approving of maps for the purposes of this Act, that the western boundary of the coastal zone is determined in accordance with the principles set out in subsection (3).

(3)  The following principles apply to the determination of the western boundary of the area to be included in the coastal zone as referred to in subsection (2):

(a)  the boundary is to be generally one kilometre landward of the western boundary of the coastal waters of the State,

(b)  the boundary is to be generally one kilometre landward around any bay, estuary, coastal lake or lagoon,

(c)  the boundary is to follow the length of any coastal river inland generally at a distance of one kilometre from each bank of the river:

(i)  to one kilometre beyond the limit of any recognised mangroves on or associated with the river, or

(ii)  if there are no such recognised mangroves—to one kilometre beyond the tidal limit of the river,

(d)  the boundary is to be shown to the nearest cadastral boundary or easily recognisable physical boundary (determined in consultation with relevant councils),

(e)  the boundary is to exclude:

(i)  those parts of the local government areas of Pittwater, Warringah, Manly, Woollahra, Waverley, Randwick and Sutherland that are not, and are not likely to be, affected by and that do not, and are not likely to, affect coastal processes, including coastal wave and wind action, and

(ii)  the waters of Sydney Harbour and Botany Bay.

(4)  In this section, recognised mangroves means mangroves shown on maps prepared in 1985 by the Department having the responsibility for the administration of fisheries, as updated by that Department from time to time.

s 4A: Ins 1998 No 46, Sch 1 [2]. Am 2002 No 85, Sch 1 [2]; 2005 No 64, Sch 2.6.

(1)  The Director-General of the Department of Planning must ensure that:

(a)  the maps outlining the coastal zone are available for inspection during normal office hours at the principal office of that Department, and

(b)  at each of the relevant regional offices of that Department, such of the maps outlining the coastal zone that relate to the region are available for inspection during normal office hours.

(2)  The Director-General of the Department of Planning must ensure that, at each of the relevant regional offices of that Department, such of the maps outlining the coastal zone that relate to the region are available for inspection during normal office hours.

(3)  The council of a local government area that is within, or partly within, the coastal zone must ensure that such of the maps outlining the coastal zone that relate to that area or a part of that area are available for inspection during normal office hours at the principal office of the council.

s 4B: Ins 1998 No 46, Sch 1 [2]. Am 2003 No 102, Sch 2.1 [3] [4]; 2010 No 78, Sch 1 [3]; 2012 No 42, Sch 2.8.

The following Coastal Authorities are designated authorities for land for the purposes of this Act:

(a)  in relation to all land—the Minister,

(b)  in relation to land within a local government area, or that is a beach adjacent to a local government area, of a council that is a Coastal Authority—the council,

(c)  in relation to Crown land within the meaning of the Crown Lands Act 1989 or land within a reserve as defined in Part 5 of that Act—the Minister administering that Act,

(d)  in relation to public land not referred to in paragraph (c)—the public authority that is the owner of, or has the care, control or management of, the land.

s 4C: Ins 2010 No 78, Sch 1 [4].

This Act, section 57 excepted, binds the Crown not only in right of New South Wales but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.

(1)  There is to be a NSW Coastal Panel.

(2)  The Coastal Panel is to consist of 7 members appointed by the Minister of whom:

(a)  one is to be a person nominated by the Director-General, and

(b)  one is to be a person nominated by the Director-General of the Department of Planning, and

(c)  three are to be nominated by the Local Government and Shires Association of New South Wales, and

(d)  one is to be a person nominated by the Chief Executive of the Land and Property Management Authority, and

(e)  one is to be appointed by the Minister with the concurrence of the Local Government and Shires Association of New South Wales.

(3)  The person appointed under subsection (2) (e) is to be the Chairperson of the Coastal Panel. The person appointed under subsection (2) (a) is to be the Deputy Chairperson of the Coastal Panel.

(4)  A person appointed under subsection (2) (a)–(d) must have qualifications and experience relevant to coastal planning, coastal engineering, coastal geomorphology, coastal environmental management or estuary management.

(5)  The Coastal Panel is a NSW Government agency.

Note—

By virtue of section 13A of the Interpretation Act 1987, a NSW Government agency has the status, privileges and immunities of the Crown.

(6)  In appointing a member, the Minister is to have regard to the need to have a range of expertise represented among the Coastal Panel’s members.

(7)  For the avoidance of doubt, the Coastal Panel is a public authority for the purposes of the Environmental Planning and Assessment Act 1979.

(8)  Schedule 2 contains provisions relating to the constitution and procedure of the Coastal Panel.

s 12: Rep 2003 No 102, Sch 2.1 [5]. Ins 2010 No 78, Sch 1 [5]. Am 2013 No 111, Sch 2.1 [1].

(1)  The Coastal Panel has the following functions:

(a)  to provide advice to the Minister on any matter referred to the Coastal Panel by the Minister relating to the coastal zone or otherwise in connection with the operation of this Act,

(b)  to provide advice to local councils in relation to such other matters as the Minister determines and notifies to the Coastal Panel,

(c)  such functions conferred or imposed on it by or under the Environmental Planning and Assessment Act 1979 relating to the granting of development consent,

(d)  any other function conferred or imposed on it by or under this Act, the Environmental Planning and Assessment Act 1979 or any other Act.

(2)  In exercising its functions, the Coastal Panel is to have regard to the objects of this Act.

(3)  The Coastal Panel may delegate the exercise of any function of the Coastal Panel under this or any other Act (other than this power of delegation) to:

(a)  any member of staff of the Department, or

(b)  any person, or any class of persons, authorised for the purposes of this section by the regulations.

(4)  Despite subsection (3), the Coastal Panel may only delegate a function conferred or imposed on it by or under the Environmental Planning and Assessment Act 1979 relating to the granting of development consent with the concurrence of the Minister and the Minister administering that Act.

s 13: Rep 2003 No 102, Sch 2.1 [5]. Ins 2010 No 78, Sch 1 [5].

(1)  In this Part:

building includes a structure.

consent includes approval or permission.

development, in relation to the coastal zone, means:

(a)  the erection of a building within or the removal of a building from the coastal zone,

(b)  the carrying out of a work within the coastal zone,

(c)  a change of the purpose for which any part of the coastal zone or any building or work within any such part is used,

(d)  the subdivision of land within the coastal zone,

(e)  the clearing or propagation of vegetation including marine vegetation, or

(f)  any prescribed activity or any activity of a prescribed class or description.

dune includes a sandhill.

public authority includes an authorised network operator under the Electricity Network Assets (Authorised Transactions) Act 2015.

(2)  A reference in this Part to:

(a)  the erection of a building includes a reference to the rebuilding of, the making of structural alterations to, and the enlargement or extension of, a building and the placing or relocating of a building within the coastal zone,

(b)  the carrying out of a work includes a reference to the rebuilding of, the making of alterations to, and the enlargement or extension of, a work,

(c)  the subdivision of land is a reference to the subdivision of land as defined by section 4B of the Environmental Planning and Assessment Act 1979, but does not include a reference to the subdivision of land under Division 1 of Part 2 of the Strata Schemes (Freehold Development) Act 1973 or Division 1 of Part 2 of the Strata Schemes (Leasehold Development) Act 1986, and

(d)  the sea, an arm of the sea, or a bay, inlet, lagoon, lake, body of water, river, stream, watercourse, beach, dune, bed, bank, shoreline, margin or flood plain includes a reference to any part thereof.

s 37: Am 1986 No 220, Sch 1; 1996 No 139, Sch 2.3 [1] [2] (am 1997 No 55, Sch 2.18 [1] [2]); 1997 No 152, Sch 4.5; 1998 No 46, Sch 1 [3]; 2002 No 85, Sch 1 [5]; 2015 No 5, Sch 8.1 [2].

In exercising functions under this Part, the Minister is to promote the principles of ecologically sustainable development.

s 37A: Ins 1998 No 46, Sch 3 [3]. Am 2002 No 85, Sch 1 [6].

The concurrence of the Minister under this Part is not required in relation to the carrying out in the coastal zone of any development (within the meaning of the Environmental Planning and Assessment Act 1979) that:

(a)  requires development consent under that Act, or

(b)  is exempt development under that Act, or

(c)  is carried out in accordance with a coastal zone management plan under Part 4A of this Act.

Note—

The concurrence of the Minister under this Part is also not required for other development under the Environmental Planning and Assessment Act 1979 (see projects approved under Part 3A and State significant development or infrastructure).

s 37B: Ins 2008 No 36, Sch 5.2 [1]. Am 2011 No 22, Sch 2.4 [1].

(1)  A public authority shall not, without the concurrence of the Minister:

(a)  carry out any development in the coastal zone, or

(b)  grant any right or consent to a person:

(i)  to use or occupy any part of the coastal zone, or

(ii)  to carry out any development in the coastal zone,

if, in the opinion of the Minister, as advised from time to time by the Minister to the public authority, the development or the use or occupation may, in any way:

(b1)  be inconsistent with the principles of ecologically sustainable development, or

(c)  adversely affect the behaviour or be adversely affected by the behaviour of the sea or an arm of the sea or any bay, inlet, lagoon, lake, body of water, river, stream or watercourse, or

(d)  adversely affect any beach or dune or the bed, bank, shoreline, foreshore, margin or flood plain of the sea or an arm of the sea or any bay, inlet, lagoon, lake, body of water, river, stream or watercourse.

(2)  The Governor may, by order published in the Gazette, declare that subsection (1) does not, to the extent specified in the order, apply to such area within the coastal zone as is specified or described in the order, and subsection (1) ceases to apply accordingly.

(3)  If:

(a)  a public authority (the developer authority) is required to obtain the concurrence of the Minister to carry out any development in the coastal zone under subsection (1) (a), and

(b)  the developer authority is required under any law to obtain a grant of a right or consent from another public authority (the approval authority) to carry out that development, and

(c)  the approval authority is required to obtain the concurrence of the Minister to the grant of the right or consent under subsection (1) (b),

concurrence by the Minister to the carrying out of the development by the developer authority is taken to also be concurrence to the grant of the right or consent by the approval authority.

(4)  This section does not apply to the use or occupation of any part of the coastal zone, or the carrying out of any development in the coastal zone, for the placement or maintenance of temporary coastal protection works.

s 38: Am 2002 No 85, Sch 1 [7]; 2010 No 78, Sch 1 [6].

(1)  The Governor, on the recommendation of the Minister, may, by order published in the Gazette, in respect of such area within the coastal zone as is specified or described in the order, provide that a public authority so specified shall not, without the concurrence of the Minister:

(a)  carry out in the area development or development of such class or description as is so specified or described, or

(b)  grant any right or consent to a person to use or occupy the whole or any part of the area or to carry out in the area any development or development of such class or description as is so specified or described.

(2)  The Governor, on the recommendation of the Minister, may, by regulation, in respect of such area within the coastal zone as is specified or described in the regulation, make provisions (whether by reference to the functions of a public authority or otherwise) regulating, controlling or prohibiting the use or occupation of the area or the carrying out of development in the area.

(3)  The provisions of a regulation made pursuant to subsection (2) do not apply to or in respect of an area that is subject to an environmental planning instrument within the meaning of the Environmental Planning and Assessment Act 1979 other than a State environmental planning policy.

(4)  The Minister shall not make a recommendation for the purposes of this section unless the Minister certifies to the Governor that the Minister is satisfied that the order or regulation relates only to development, or the use or occupation of an area that may, in any way:

(a1)  be inconsistent with the principles of ecologically sustainable development, or

(a)  adversely affect the behaviour or be adversely affected by the behaviour of the sea or an arm of the sea or any bay, inlet, lagoon, lake, body of water, river, stream or watercourse, or

(b)  adversely affect any beach or dune or the bed, bank, shoreline, foreshore, margin or flood plain of the sea or an arm of the sea or any bay, inlet, lagoon, lake, body of water, river, stream or watercourse.

(5)  If:

(a)  a public authority (the developer authority) is required to obtain the concurrence of the Minister to carry out any development in the coastal zone under subsection (1) (a), and

(b)  the developer authority is required under any law to obtain a grant of a right or consent from another public authority (the approval authority) to carry out that development, and

(c)  the approval authority is required to obtain the concurrence of the Minister to the grant of the right or consent under subsection (1) (b),

concurrence by the Minister to the carrying out of the development by the developer authority is taken to also be concurrence to the grant of the right or consent by the approval authority.

(6)  Subsection (1) does not apply to the carrying out of any development in the coastal zone for the placement or maintenance of temporary coastal protection works.

s 39: Am 1979 No 205, Sch 2, Part 1; 2002 No 85, Sch 1 [8]; 2010 No 78, Sch 1 [7].

(1)  Where provision is made by or under this or any other Act that a public authority shall not, without the concurrence of the Minister, carry out development in the coastal zone and the public authority proposes to carry out the development, it shall, unless the concurrence of the Minister may be assumed under section 43, notify the Minister, in writing, of the proposal.

(2)  Where provision is made by or under this or any other Act that a public authority shall not, without the concurrence of the Minister, grant any right or consent to a person to use or occupy any part of the coastal zone or to carry out any development in the coastal zone, the public authority shall, unless the concurrence of the Minister may be assumed under section 43:

(a)  forward a copy of any application made for the grant of the right or consent to the Minister, and

(b)  notify the applicant of the action taken by it under paragraph (a).

The Minister may, in respect of a proposal of which the Minister has been notified under section 40 (1) or an application of which a copy has been forwarded to the Minister under section 40 (2):

(a)  give concurrence, either unconditionally or subject to conditions, or

(b)  refuse concurrence.

(1)  The Minister shall inform a public authority which has, under section 40 (1), notified the Minister of a proposal or which has, under section 40 (2), forwarded to the Minister a copy of an application of the Minister’s decision with respect to the proposal or application:

(a)  except as provided by paragraph (b)—within a period of 21 days after being notified of the proposal or receiving a copy of the application, or

(b)  where, within the period referred to in paragraph (a), the Minister sends by post to the public authority and, in the case of an application, to the applicant, a notice informing it or them, as the case may be, that the Minister is unable to deal with the proposal or application within that period and specifies in that notice a longer period within which the Minister will deal with the proposal or application—within the longer period.

(2)  Where the Minister does not inform a public authority referred to in subsection (1) of the Minister’s decision with respect to a proposal or application within the period referred to in subsection (1) (a), or the longer period referred to in subsection (1) (b), as the case may be, the public authority may carry out the development or grant the right or consent the subject of the proposal or application, as the case may be, without the concurrence of the Minister.

(3)  The amendment made to subsection (1) by the Environmental Planning and Assessment Amendment Act 2008 does not apply in relation to any proposal or application that has been notified or forwarded to the Minister before the commencement of that amendment.

s 42: Am 2008 No 36, Sch 5.2 [2] [3].

(1)  Where provision is made by or under this or any other Act that a public authority shall not, without the concurrence of the Minister, carry out development in the coastal zone or grant any right or consent to a person to use or occupy any part of the coastal zone or to carry out any development in the coastal zone, the Minister may inform the public authority, by notification in writing, that the Minister’s concurrence may be assumed subject to the conditions, if any, specified in the notification with respect to the use or occupation, the class or description of use or occupation to which the use or occupation belongs, the development or the class or description of development to which the development belongs, as the case may be.

(2)  The Minister may, by notification in writing given to a public authority, amend or revoke a notification given by the Minister to the public authority under subsection (1).

(3)  Where, in accordance with a notification given to it under this section, a public authority carries out development or grants any right or consent, the carrying out of the development or the granting of the right or consent is as valid and effective as if the public authority had obtained the concurrence of the Minister in accordance with sections 40, 41 and 42.

In determining any matter relating to the granting or refusal of a concurrence required by or under this or any other Act, the Minister shall have regard only to whether or not the development or the use or occupation of the coastal zone in respect of which the concurrence is required may, in any way:

(a1)  be inconsistent with the principles of ecologically sustainable development, or

(a)  adversely affect the behaviour or be adversely affected by the behaviour of the sea or an arm of the sea or any bay, inlet, lagoon, lake, body of water, river, stream or watercourse, or

(b)  adversely affect any beach or dune or the bed, bank, shoreline, foreshore, margin or flood plain of the sea or an arm of the sea or any bay, inlet, lagoon, lake, body of water, river, stream or watercourse.

s 44: Am 2002 No 85, Sch 1 [9].

(1)  Where a public authority grants, with the concurrence of the Minister, any right or consent to a person to use or occupy any part of the coastal zone or to carry out any development in the coastal zone, the grant of the right or consent shall be:

(a)  in respect of a concurrence given under section 41 (a)—subject to the conditions, if any, of the concurrence, and

(b)  in respect of a concurrence given pursuant to a notification under section 43—subject to the conditions, if any, specified pursuant to section 43 (1) in the notification.

(2)  Nothing in subsection (1) affects the right of a public authority to impose conditions, not inconsistent with the conditions referred to in that subsection, in granting a right or consent so referred to.

Except where the concurrence of the Minister in accordance with this Part is given unconditionally, the Minister shall inform a public authority of the reasons for the Minister’s decision with respect to:

(a)  a proposal of which the Minister has been notified by the public authority under section 40 (1),

(b)  an application a copy of which has been forwarded to the Minister by the public authority under section 40 (2), or

(c)  a notification given to the public authority under section 43,

and the public authority shall inform any applicant for a grant of a right or consent in respect of which the reasons are given of those reasons.

(1)  In this section, appeal includes objection, reference or review.

(2)  Where, under any law, a right of appeal is exercised by any person with respect to the determination by a public authority of an application for the grant of any right or consent to use or occupy any part of the coastal zone or to carry out any development in the coastal zone in respect of which the concurrence of the Minister is required by or under this Part, the Minister may appear and be heard on the hearing of the appeal as if the Minister were a party to the appeal.

(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.

(1)  Without affecting or derogating from any function of the Minister under any law, the Minister may direct a public authority having functions under any Act in respect of the implementation or enforcement of any law relating to the use or occupation or the carrying out of development in the coastal zone to exercise those functions at such time and in such manner (not inconsistent with any provision made by or under the Act by which the function is conferred or imposed) as may be specified in the direction where any part of the coastal zone is used or occupied or development in any part of the coastal zone is carried out without or otherwise than in accordance with a concurrence of the Minister required by or under this or any other Act.

(2)  The Minister shall not give a direction to a public authority under subsection (1) to exercise a function conferred or imposed under a provision of an Act without first having obtained the consent of the Minister administering that provision.

(3)  A public authority shall comply with a direction given to it under subsection (1) in accordance with the terms of the direction.

In exercising functions under this Part, the Minister is to promote the principles of ecologically sustainable development.

s 54A: Ins 1998 No 46, Sch 3 [4]. Am 2002 No 85, Sch 1 [11].

(1)  Where the Minister is of the opinion that a work for the preservation, protection, maintenance, restoration or improvement of the coastal zone or any part of the coastal zone should be carried out:

(a)  the Minister in respect of a work the estimated cost of which does not exceed $1,000,000, or

(b)  the Governor in respect of a work the estimated cost of which exceeds $1,000,000,

may direct that the work be carried out under the Public Works Act 1912.

(2)  A work in respect of which a direction has been given under subsection (1) shall be deemed to be an authorised work within the meaning of the Public Works Act 1912.

(3)  For the purpose of a work in respect of which a direction has been given under subsection (1), the Minister shall be the Constructing Authority within the meaning of the Public Works Act 1912.

(4)  The provisions of the Public Works Act 1912, other than section 34, 35, 36 and 37, shall apply to and in respect of a work in respect of which a direction has been given under subsection (1).

(5)  Without prejudice to the generality of the other provisions of this section, the provisions of section 38 of the Public Works Act 1912, shall apply to or in respect of a contract for the carrying out of a work in respect of which a direction has been given under subsection (1).

(6)  In applying the provisions of section 98 of the Public Works Act 1912, the Minister shall not be required, notwithstanding those provisions, to obtain the approval of the Governor to lease lands referred to in that section and which are within the coastal zone where the lease of those lands is for a term not exceeding 3 years without option of renewal.

(7)  Nothing in this section authorises the Minister or the Governor to direct a specified person to carry out specified work.

s 55: Am 2010 No 78, Sch 1 [10].

(1)  Consent must not be granted under the Environmental Planning and Assessment Act 1979 to development for the purpose of coastal protection works, unless the consent authority is satisfied that:

(a)  the works will not over the life of the works:

(i)  unreasonably limit or be likely to unreasonably limit public access to or the use of a beach or headland, or

(ii)  pose or be likely to pose a threat to public safety, and

(b)  satisfactory arrangements have been made (by conditions imposed on the consent) for the following for the life of the works:

(i)  the restoration of a beach, or land adjacent to the beach, if any increased erosion of the beach or adjacent land is caused by the presence of the works,

(ii)  the maintenance of the works.

(2)  The arrangements referred to in subsection (1) (b) are to secure adequate funding for the carrying out of any such restoration and maintenance, including by either or both of the following:

(a)  by legally binding obligations (including by way of financial assurance or bond) of all or any of the following:

(i)  the owner or owners from time to time of the land protected by the works,

(ii)  if the coastal protection works are constructed by or on behalf of landowners or by landowners jointly with a council or public authority—the council or public authority,

Note—

Section 80A (6) of the Environmental Planning and Assessment Act 1979 provides that a development consent may be granted subject to a condition, or a consent authority may enter into an agreement with an applicant, that the applicant must provide security for the payment of the cost of making good any damage caused to any property of the consent authority as a consequence of the doing of anything to which the consent relates.

(b)  by payment to the relevant council of an annual charge for coastal protection services (within the meaning of the Local Government Act 1993).

(3)  The funding obligations referred to in subsection (2) (a) are to include the percentage share of the total funding of each landowner, council or public authority concerned.

s 55M: Ins 2002 No 85, Sch 1 [12]. Rep 2010 No 78, Sch 1 [23]. Ins 2010 No 78, Sch 1 [25].

(1)  This section applies to land:

(a)  which is within the coastal zone, or which adjoins the tidal waters of Sydney Harbour or Botany Bay, or their tributaries, and

(b)  a boundary (the water boundary) of which is defined or otherwise determined by reference to a mean high water mark.

(2)  A court has no jurisdiction to make a declaration concerning a water boundary that would increase the area of land to the landward side of the water boundary if:

(a)  a perceived trend by way of accretion is not likely to be indefinitely sustained by natural means, or

(b)  as a consequence of making such a declaration, public access to a beach, headland or waterway will, or is likely to be, restricted or denied.

(3)  The Registrar-General has no power under Part 14A of the Real Property Act 1900 to make a determination concerning a water boundary that would increase the area of land to the landward side of the water boundary.

(4)  The Minister administering the Crown Lands Act 1989 (or a person authorised by that Minister) has no power under Part 7 of the Surveyors (Practice) Regulation 2001 (or any regulation made by way of replacement, or in substitution, for that Regulation) to approve a determination concerning a water boundary that would increase the area of land to the landward side of the water boundary if:

(a)  a perceived trend by way of accretion is not likely to be indefinitely sustained by natural means, or

(b)  as a consequence of making such a determination, public access to a beach, headland or waterway will, or is likely to be, restricted or denied.

s 55N: Ins 2002 No 85, Sch 1 [12].

(1)  A Coastal Authority may, in respect of a beach on land for which it is a designated authority, order a person to remove material deposited by or on behalf of the person on the beach that, in the opinion of the Coastal Authority:

(a)  causes or is likely to cause increased erosion of a beach or land adjacent to a beach, or

(b)  unreasonably limits or is likely to unreasonably limit public access to a beach or headland, or

(c)  poses or is likely to pose a threat to public safety.

(2)  A Coastal Authority may order a person who is the owner or occupier of land that is on or has a frontage to a beach for which it is a designated authority:

(a)  to refrain from erecting a structure on the beach or on or near the boundary of the land and the beach, or

(b)  to remove a structure erected by or on behalf of the person on the beach or on or near the boundary of the land and the beach (not being a structure lawfully erected before the commencement of this section),

if the structure, in the opinion of the Coastal Authority:

(c)  causes or is likely to cause increased erosion of a beach or land adjacent to a beach, or

(d)  unreasonably limits or is likely to unreasonably limit public access to a beach or headland, or

(e)  poses or is likely to pose a threat to public safety.

(3)  An order under this section that requires a person to remove material or a structure from land may, if the Coastal Authority that made the order is of the opinion that the material or structure has caused increased erosion of a beach, or land adjacent to a beach, include a requirement that the person restore the eroded beach or land concerned in accordance with:

(a)  in relation to an order made before 1 September 2011—any requirements adopted by the Minister and published in the Gazette for the purposes of this subsection before 1 January 2011, and

(b)  any requirements specified in the regulations for the purposes of this subsection.

(4)  A person who carries out work in compliance with a requirement of an order given under this section by a Coastal Authority is not subject to Part 5 of the Environmental Planning and Assessment Act 1979 in carrying out the work.

(5)  Before giving an order under this section that relates to Crown land within the meaning of the Crown Lands Act 1989 or land within a reserve as defined in Part 5 of that Act, a Coastal Authority must consult the Minister administering that Act.

(6)  This section does not apply to material deposited on a beach, or a structure erected, as part of development for which consent has been granted or that is exempt development or development that does not need consent under the Environmental Planning and Assessment Act 1979 or is an approved project within the meaning of Part 3A of that Act or approved State significant infrastructure within the meaning of Part 5.1 of that Act.

(7)  This section does not apply in relation to temporary coastal protection works.

(8)  A council may not give an order under this section to a Minister or another public authority or to an authorised network operator under the Electricity Network Assets (Authorised Transactions) Act 2015.

s 55ZA: Ins 2010 No 78, Sch 1 [26]. Am 2011 No 22, Sch 2.4 [5]; 2015 No 5, Sch 8.1 [3].

(1)  A Coastal Authority that is a designated authority for land may order a person not to carry out an activity on a beach on the land that the person is carrying out, or is about to carry out, if the Coastal Authority is of the opinion that the activity:

(a)  causes or is likely to cause increased erosion of a beach or land adjacent to a beach, or

(b)  unreasonably limits or is likely to unreasonably limit public access to a beach or headland, or

(c)  poses or is likely to pose a threat to public safety.

(2)  This section does not apply to an activity in the course of development for which consent has been granted or that is exempt development or development that does not need consent under the Environmental Planning and Assessment Act 1979 or is an approved project within the meaning of Part 3A of that Act or approved State significant infrastructure within the meaning of Part 5.1 of that Act.

(3)  This section does not apply if the activity comprises the placement or maintenance of temporary coastal protection works.

(4)  A council may not give an order under this section to a Minister or another public authority or to an authorised network operator under the Electricity Network Assets (Authorised Transactions) Act 2015.

s 55ZB: Ins 2010 No 78, Sch 1 [26]. Am 2011 No 22, Sch 2.4 [6]; 2015 No 5, Sch 8.1 [4].

(1)  A Coastal Authority that is a designated authority for land on which a person has placed (or caused to be placed) temporary coastal protection works may order the person to remove, alter or repair the works and restore the land if the Coastal Authority is of the opinion that:

(a)  the works are causing increased erosion of a beach or land adjacent to a beach, or

(b)  the works unreasonably limit public access to a beach or headland, or

(c)  the works pose a threat to public safety, or

(d)  the works have ceased to be temporary coastal protection works (for example, the works have been in place for longer than the maximum period allowed for temporary coastal protection works on public land or the works are not being maintained as required by Part 4C or this Part or the requirements of the certificate under Division 2 of Part 4C that authorises the works).

(2)  A Coastal Authority that is a designated authority for land on which a person has placed (or caused to be placed) temporary coastal protection works (whether public or private land) may order the person to restore any assets or vegetation on public land that have been damaged in the course of the placement of the works.

(3)  A Coastal Authority that is a designated authority for public land on which a person has placed (or caused to be placed) temporary coastal protection works may order the person to move, alter or remove the works and restore the land if the Coastal Authority is of the opinion that the person did not take all reasonable measures:

(a)    (Repealed)

(b)  to avoid damage to assets or vegetation on the public land, or

(c)  to minimise risks to the public on the public land, or

(d)    (Repealed)

(4)  A Coastal Authority that is a designated authority for land on which a person has placed (or caused to be placed) temporary coastal protection works may order the person to restore land that is adjacent to the land on which the works were placed if the Coastal Authority is of the opinion that the adjacent land has been damaged or disturbed by:

(a)  the placement, maintenance or removal of the works, or

(b)  erosion caused by the works.

(5)  An order under this section that requires a person to restore land may include a requirement that the person restore the land concerned in accordance with:

(a)  in relation to an order made before 1 September 2011—any requirements adopted by the Minister and published in the Gazette for the purposes of this subsection before 1 January 2011, and

(b)  any requirements specified in the regulations for the purposes of this subsection.

(6)  Before giving an order under this section relating to temporary coastal protection works on public land, a Coastal Authority must ensure that the person or body that issued the certificate under Division 2 of Part 4C for the works is aware of the intention to make the order.

(7)  Before making an order under this section that relates to Crown land within the meaning of the Crown Lands Act 1989 or land within a reserve as defined in Part 5 of that Act, the Coastal Authority must consult the Minister administering that Act.

(8)  A council may not give an order under this section to a Minister or another public authority or to an authorised network operator under the Electricity Network Assets (Authorised Transactions) Act 2015.

s 55ZC: Ins 2010 No 78, Sch 1 [26]. Am 2012 No 71, Sch 1 [27]–[30]; 2015 No 5, Sch 8.1 [5].

(1)  An order under this Part may be given to a person by notice in writing or orally.

(2)  An order under this Part:

(a)  takes effect immediately (or from a later date specified in the written notice or at the time the order is given orally), and

(b)  is subject to such conditions as the Coastal Authority may specify in the written notice or at the time the order is given orally, and

(c)  may require a person to cease doing, or causing or permitting to be done, the relevant activity for a specified time, and

(d)  may require a person to do, or cause or permit to be done, the relevant activity within a specified time.

(3)  The Coastal Authority concerned may vary or revoke the order or the conditions of the order by further notice in writing or further oral order given to the person subject to the order.

(4)  An order given orally to a person ceases to have effect on the expiration of 72 hours from the time it was given unless confirmed by the Coastal Authority who gave the order by a notice in writing given to the person.

(5)  Subject to subsection (4), an order under this Part remains in force until whichever of the following happens first:

(a)  the order is revoked by the Coastal Authority concerned,

(b)  the activity to which the order relates obtains planning permission and evidence of the planning permission is provided to the Coastal Authority concerned.

(6)  A Coastal Authority is not required, before making an order under this Part, to notify any person who may be affected by the order.

(7)  A Coastal Authority (other than a council) that makes an order under this Part must notify the relevant local council of the following:

(a)  the making of the order,

(b)  full compliance with the order.

(8)  A council must keep a record of the following:

(a)  all orders under this Part made by it or notified to it under subsection (7) (a),

(b)  full compliance with an order under this Part made by it,

(c)  full compliance (notified to it by another Coastal Authority) with an order under this Part made by the other Coastal Authority.

(9)  An order under this Part given to a person does not authorise the person to enter land without the permission of the owner of the land.

(10)  In this section, evidence of planning permission means evidence that:

(a)  development consent or approval under the Environmental Planning and Assessment Act 1979 has been granted, or

(b)  the development concerned has become exempt development under that Act.

s 55ZD: Ins 2010 No 78, Sch 1 [26].

(1)  The purpose of this section is to enable a Coastal Authority to recover the administrative costs of preparing and giving orders under this Part.

(2)  A person who is given an order under this Part by a Coastal Authority must within 30 days pay a fee of $444 (or such higher fee as may be prescribed by the regulations) to the Coastal Authority.

(3)  The Coastal Authority may:

(a)  extend the time for payment of the fee, on the application of the person required to pay the fee, or

(b)  waive payment of the whole or any part of the fee, on the Coastal Authority’s own initiative or on the application of the person required to pay the fee.

(4)  A fee is not payable for the variation of an order made under this Part.

(5)  A person who does not pay the fee within the time provided under this section is guilty of an offence.

Maximum penalty: 200 penalty units.

s 55ZE: Ins 2010 No 78, Sch 1 [26].

(1)  A person who does not comply with an order under section 55ZA or 55ZB is guilty of an offence.

Maximum penalty:

(a)  in the case of a corporation—4,500 penalty units and 400 penalty units for each day the offence continues, or

(b)  in any other case—2,250 penalty units and 200 penalty units for each day the offence continues.

(1A)  A person who does not comply with an order under section 55ZC is guilty of an offence.

Maximum penalty:

(a)  in the case of a corporation—2,250 penalty units and 200 penalty units for each day the offence continues, or

(b)  in any other case—1,125 penalty units and 100 penalty units for each day the offence continues.

(2)  It is a defence to a prosecution for an offence under this section if the defendant establishes that the failure to comply with the order concerned was caused by the refusal of an owner of land to give the defendant permission to enter the land to do the act or thing required by the order.

(3)  If a person does not comply with the requirements of an order under this Part within the time specified (whether that person has been convicted of an offence in respect of the order or not), the Coastal Authority concerned may, where the order required the doing of any act or thing, do the act or thing.

(4)  Any costs reasonably incurred by the Coastal Authority under subsection (3) may be recovered in a court of competent jurisdiction from the person who is the subject of the order as a debt due to the Coastal Authority.

(5)  An authorised officer of a Coastal Authority may, for the purposes of doing the act or thing referred to in subsection (3), enter any premises at any reasonable time. However, this section does not empower an authorised officer to enter any part of a building used only for residential purposes without the permission of the occupier.

(6)  Before an authorised officer enters premises under this section, the Coastal Authority concerned must give the occupier of the premises oral or written notice of the intention to enter the occupier’s premises on a day or within a period of days specified in the notice.

(7)  The day or any day within the period of days specified must not be the day on which the notice is given.

(8)  This section does not require notice to be given if entry to the premises is made with the consent of the occupier of the premises.

s 55ZF: Ins 2010 No 78, Sch 1 [26]. Am 2012 No 71, Sch 1 [31] [32].

(1)  If a dispute arises between a council and a Coastal Authority that is a Minister in relation to the exercise of a function under Part 4C or this Part, the Minister may direct the council as to the exercise of the function.

(2)  If a dispute arises between two Coastal Authorities in relation to the exercise of a function under Part 4C or this Part (other than a dispute between a council and a Minister), the dispute may be referred to the Premier for resolution:

(a)  by a party to the dispute, if that party is a Minister, or

(b)  by the Minister responsible for a party to the dispute, if that party is not a Minister.

(3)  The Premier may give directions as the Premier sees fit to resolve the dispute.

(4)  A Coastal Authority is to comply with a direction under this section.

(5)  This section applies to the Director-General in the same way as it applies to a Minister.

s 55ZG: Ins 2010 No 78, Sch 1 [26].

(1)  If an original owner of private land to whom a certificate under Division 2 of Part 4C has been issued ceases, before placing temporary coastal protection works on public land, to be the owner of the private land, a successor in title is taken for the purposes of this Act to be the original owner. Such a successor in title may place and maintain those authorised temporary coastal protection works on the public land in accordance with that certificate.

Note—

A person who places temporary coastal protection works may be made the subject of an order under this Part—see section 55ZC.

(2)  If an original owner of land, after placing temporary coastal protection works on that land, but before the works are removed and the land restored in accordance with this Act, ceases to be the owner of that land, a successor in title is taken for the purposes of this Act to be the original owner. Such a successor in title may be made the subject of an order under this Part as if the successor in title were the original owner.

(3)  If an order is made under this Part requiring an original owner of land who has placed temporary coastal protection works in accordance with this Act to carry out work in relation to the works and the original owner ceases, before the work is carried out, to be the owner of the land, a successor in title:

(a)  is required to carry out that work, and

(b)  to that extent, is bound by the order in the same way as the original owner (except as provided by this section).

(4)  A successor in title is bound by the order under subsection (3) only if the Coastal Authority that made the order:

(a)  before the land concerned was transferred—notified the relevant local council under section 55ZD (7), and

(b)  has given a copy of the order to the successor in title.

(5)  For the purposes of subsection (3), the specified period within which the work is required to be carried out under the order is taken to commence from the date on which the copy of the order is given to the successor in title.

s 55ZH: Ins 2010 No 78, Sch 1 [26]. Am 2012 No 71, Sch 1 [33] [34].

(1)  The Land and Environment Court, in proceedings under this Act, may order a person to take such steps as are specified in the order, within such time as is so specified (or such further time as the Court on application may allow):

(a)  to prevent, control, abate or mitigate any harm to the environment or any loss of amenity caused by anything done or omitted to be done by the person, or

(b)  to make good any resulting environmental damage, or

(c)  to prevent the continuance or recurrence of any such harm to the environment or any such loss of amenity.

(2)  Without limiting subsection (1), the Court may order a person to remove or clean up material dumped during or following a beach erosion event.

(3)  In this section, environment and harm have the same meanings as in the Protection of the Environment Operations Act 1997.

s 56A: Ins 2002 No 85, Sch 1 [13]. Am 2010 No 78, Sch 1 [27].

(1)  Where any matter or thing is by or under this Act, other than by or under the regulations, directed or forbidden to be done, or where a Minister or other person or body is authorised by or under this Act, other than by or under the regulations, to direct any matter or thing to be done, or to forbid any matter or thing to be done, and that matter or thing if so directed to be done remains undone, or if so forbidden to be done is done, a person offending against that direction or prohibition shall be guilty of an offence against this Act.

(2)  Where any matter or thing is by or under the regulations directed or forbidden to be done, or where a Minister or any other person or body is authorised by the regulations to direct any matter or thing to be done, or to forbid any matter or thing to be done, and that matter or thing if so directed to be done remains undone, or if so forbidden to be done is done, a person offending against that direction or prohibition shall be guilty of an offence against the regulations.

(1)  A person guilty of an offence against this Act for which a specific penalty is not provided shall be liable to a penalty not exceeding 4,500 penalty units (in the case of a corporation) or 2,250 penalty units (in any other case).

(2)  A person guilty of an offence against the regulations shall be liable to a penalty not exceeding 400 penalty units (in the case of a corporation) or 200 penalty units (in any other case).

s 58: Am 1992 No 112, Sch 1; 2002 No 85, Sch 1 [14]–[16]; 2010 No 78, Sch 1 [29] [30].

(1)  Proceedings for an offence against this Act (other than an offence against section 55K or 55VC or Part 4D) or the regulations may be taken before the Local Court.

(2)  Proceedings for an offence against section 55K or 55VC or Part 4D of this Act may be taken before the Land and Environment Court.

(3)  Proceedings for an offence under this Act may be commenced within but not later than 12 months after the date on which the offence is alleged to have been committed.

s 59: Am 1999 No 31, Sch 4.12; 2001 No 121, Sch 2.47; 2007 No 94, Sch 2; 2010 No 78, Sch 1 [31] [32]; 2012 No 71, Sch 1 [36].

(1)  A person who is guilty of an offence because the person contravenes a requirement made by or under this Act or the regulations (whether the requirement is imposed by an order or otherwise) to do or cease to do something (whether or not within a specified period or before a particular time):

(a)  continues, until the requirement is complied with and despite the fact that any specified period has expired or time has passed, to be liable to comply with the requirement, and

(b)  is guilty of a continuing offence for each day the contravention continues.

(2)  This section does not apply to an offence if the relevant provision of this Act or the regulations does not provide for a penalty for a continuing offence.

(3)  This section does not apply to the extent that a requirement of an order is revoked.

s 59A: Ins 2010 No 78, Sch 1 [33].

(1)  An authorised officer may serve a penalty notice on a person if it appears to the officer that the person has committed an offence against this Act or the regulations, being an offence prescribed by the regulations as a penalty notice offence.

(2)  A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person can pay, within the time and to the person specified in the notice, the amount of the penalty prescribed by the regulations for the offence if dealt with under this section.

(3)  A penalty notice under this section is declared to be a penalty notice for the purposes of the Fines Act 1996.

(4)  A penalty notice may be served personally or by post.

(5)  If the amount of penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.

(6)  Payment under this section is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.

(7)  The regulations may:

(a)  prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and

(b)  prescribe the amount of penalty payable for the offence if dealt with under this section, and

(c)  prescribe different amounts of penalties for different offences or classes of offences.

(8)  The amount of a penalty prescribed by the regulations under this section for an offence is not to exceed the maximum amount of penalty that could be imposed for the offence by a court.

(9)  This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.

s 59B: Ins 2010 No 78, Sch 1 [33].

The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

s 60: Subst 2010 No 78, Sch 1 [34].

(1)  For the purposes of this Act, any notice or other document may be issued or given to a person, or may be served on a person:

(a)  by delivering it personally to the person, or

(b)  by delivering it to the place of residence or business of the person and by leaving it there for the person with some other person, or

(c)  by sending it by post addressed to the person at the place last shown in the records of the authority concerned as the person’s place of residence or business, or

(d)  by sending it by post addressed to the person at the place indicated by the person as an address to which correspondence may be posted (including for example a post office box), or

(e)  by sending it by facsimile or electronic transmission (including for example the Internet) to the person in accordance with arrangements indicated by the person as appropriate for transmitting documents to the person, or

(f)  by leaving it addressed to the person at a document exchange or other place (in accordance with usual arrangements for the exchange or other place) indicated by the person as an exchange or place through which correspondence may be forwarded to the person.

(2)  This section does not affect any other mode of issuing, giving or serving a notice or other document under any other law.

s 61: Subst 2010 No 78, Sch 1 [34].

Schedule 1 has effect.

s 62: Ins 1998 No 46, Sch 1 [5].

The Minister may delegate the exercise of any function of the Minister under this Act (other than a function of the Minister as a Coastal Authority or this power of delegation) to:

(a)  any member of staff of the Department, or

(b)  any person, or any class of persons, authorised for the purposes of this section by the regulations.

ss 63–65: Ins 2010 No 78, Sch 1 [35].

(1)  The Minister is to review Part 4C of this Act to determine whether the policy objectives of the Part remain valid and whether the terms of the Part remain appropriate for securing those objectives.

(2)  The review is to be undertaken as soon as possible after the period of 2 years from the date of assent to the Coastal Protection and Other Legislation Amendment Act 2010.

(3)  A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 2 years.

ss 63–65: Ins 2010 No 78, Sch 1 [35].

(1)  The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.

(2)  The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to the Coastal Protection and Other Legislation Amendment Act 2010.

(3)  A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.

ss 63–65: Ins 2010 No 78, Sch 1 [35].