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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Coastal Protection and Other
egislation Amendment Bill 2010
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Coastal Protection Act 1979 No 13 3
Schedule 2 Amendment of Local Government Act 1993 No 30 45
Schedule 3 Amendment of other legislation 52
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2010
New South Wales
Coastal Protection and Other
egislation Amendment Bill 2010
Act No , 2010
An Act to amend the Coastal Protection Act 1979 and other legislation to deal with
coastal erosion and projected sea level rise; and for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Coastal Protection and Other Legislation Amendment Bill 2010
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Coastal Protection and Other Legislation Amendment
Act 2010.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Page 2
Coastal Protection and Other Legislation Amendment Bill 2010
Amendment of Coastal Protection Act 1979 No 13 Schedule 1
Schedule 1 Amendment of Coastal Protection Act
1979 No 13
[1] Section 3 Objects of this Act
Insert after section 3 (g):
(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.
[2] Section 4 Definitions
Insert in alphabetical order in section 4 (1):
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 zone management plan means a coastal zone
management plan made under Part 4A.
Department means the Department of Environment, Climate
Change and Water.
designated authority--see section 4C.
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Coastal Protection and Other Legislation Amendment Bill 2010
Schedule 1 Amendment of Coastal Protection Act 1979 No 13
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).
emergency coastal protection works--see Division 1 of Part 4C.
emergency works authorised officer--see section 55T (8).
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.
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.
relevant local council, in relation to emergency 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.
[3] Section 4B Inspection of maps outlining coastal zone
Omit "Infrastructure, Planning and Natural Resources" wherever occurring in
section 4B (1) and (2).
Insert instead "Planning".
Page 4
Coastal Protection and Other Legislation Amendment Bill 2010
Amendment of Coastal Protection Act 1979 No 13 Schedule 1
[4] Section 4C
Insert after section 4B:
4C Designated authorities for land
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.
[5] Parts 2 and 2A
Insert after Part 1:
Part 2 Administration
Division 1 Coastal Authorities and their authorised
officers
6 Coastal Authorities
(1) For the purposes of this Act, each of the following is a Coastal
Authority:
(a) the Minister,
(b) the Minister administering the Crown Lands Act 1989,
(c) a council whose area, or part of whose area, is included
within the coastal zone or whose area includes land that
adjoins the tidal waters of the Hawkesbury River, Sydney
Harbour and Botany Bay, and their tributaries,
(d) a roads authority (within the meaning of the Roads
Act 1993) for a road within the coastal zone or on land that
adjoins the tidal waters of the Hawkesbury River, Sydney
Harbour and Botany Bay, and their tributaries,
(e) a public authority that is the owner of, or has the care,
control or management of, land within the coastal zone or
Page 5
Coastal Protection and Other Legislation Amendment Bill 2010
Schedule 1 Amendment of Coastal Protection Act 1979 No 13
land that adjoins the tidal waters of the Hawkesbury River,
Sydney Harbour and Botany Bay, and their tributaries
(other than a State owned corporation or a reserve trust
within the meaning of Part 5 of the Crown Lands
Act 1989).
(2) A Coastal Authority:
(a) may exercise the functions of an authorised officer, and
(b) when exercising those functions, has all the immunities of
an authorised officer.
7 Appointment of authorised officers
(1) A Coastal Authority may appoint a person to be an authorised
officer.
(2) A Coastal Authority must not appoint a person to be an
authorised officer under this section unless the person has
undergone such training or has such competency as is required by
the Minister.
(3) In appointing authorised officers, a Coastal Authority may
specify that the appointment is subject to conditions or
restrictions relating to:
(a) the functions that are exercisable by those officers, or
(b) when, where and in what circumstances those officers may
exercise functions.
8 Identification cards
(1) A Coastal Authority is to issue an identification card that
complies with this section to each authorised officer.
(2) The identification card must:
(a) state that it is issued under this Act, and
(b) give the name of the person to whom it is issued, and
(c) state the date (if any) on which it expires, and
(d) describe the kinds of premises to which the powers of the
authorised officer extend, and
(e) state any limitations on the functions that the authorised
officer is authorised to exercise under this Act that are
imposed by the authorised officer's instrument of
appointment.
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Amendment of Coastal Protection Act 1979 No 13 Schedule 1
(3) Each authorised officer who is not a police officer must:
(a) carry his or her identification card as an authorised officer
while exercising functions under this Act, and
(b) if requested to do so by any person affected by the exercise
of a function by an authorised officer under this Act,
produce the officer's identification card to the person.
Note. See section 201 of the Law Enforcement (Powers and
Responsibilities) Act 2002 in relation to a police officer's obligation to
produce evidence that the police officer is a police officer (unless the
police officer is in uniform).
(4) A person who has been issued with an identification card and
who stops being an authorised officer must return his or her
identification card to the appropriate Coastal Authority as soon as
practicable.
(5) A person must not contravene subsection (4) without reasonable
excuse.
Maximum penalty: 10 penalty units.
9 Delegation
A Coastal Authority may delegate the exercise of any function of
the Coastal Authority under this Act (other than this power of
delegation) to:
(a) an authorised officer, or
(b) any person, or any class of persons, authorised for the
purposes of this section by the regulations.
Division 2 Powers of authorised officers
10 General powers of authorised officers: application of Chapter 7 of
Protection of the Environment Operations Act 1997
(1) An authorised officer has and may exercise the functions of an
authorised officer under Chapter 7 and section 319A of the
Protection of the Environment Operations Act 1997 (the POEO
Act) for the following purposes:
(a) for determining whether there has been compliance with or
a contravention of this Act and the regulations,
(b) for obtaining information or records for purposes
connected with the administration of this Act and the
regulations,
(c) generally for administering this Act and the regulations.
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Schedule 1 Amendment of Coastal Protection Act 1979 No 13
(2) The provisions of Chapter 7 (other than Part 7.2) and
section 319A of the POEO Act apply to and in respect of this Act
as if those provisions were part of this Act, subject to the
following modifications:
(a) references in those provisions to an authorised officer are
to be read as references to an authorised officer appointed
by a Coastal Authority under this Act,
(b) references in those provisions to "this Act" are to be read
as references to this Act,
(c) references in those provisions to "the EPA" are to be read
as references to a Coastal Authority,
(d) a Coastal Authority is taken to be the appropriate
regulatory authority for matters concerning this Act,
(e) land that is a beach is taken not to be part of premises that
are used only for residential purposes.
(3) For the avoidance of doubt, a prosecution of a person for an
offence against a provision of Chapter 7 (other than Part 7.2) of
the POEO Act (as applying under this section) is to be taken as if
the offence were an offence against this Act.
(4) The functions that an authorised officer has under Chapter 7 of
the POEO Act are, for the purposes of any provision of this Act,
taken to be functions under this Act.
(5) If an authorised officer has functions in respect of a matter under
both Chapter 7 of the POEO Act (as applying under this section)
and under any other provision of this Act, the fact that there is a
restriction on the exercise of a function under this Act does not of
itself operate to restrict the exercise by an authorised officer of
any similar or the same function under Chapter 7 of the
POEO Act.
11 Offence relating to authorised officers and exercise of functions
under Act
(1) A person who, without lawful excuse, neglects or fails to comply
with a requirement made of the person under this Act is guilty of
an offence.
(2) A person who furnishes any information or does any other thing
in purported compliance with a requirement made under this Act,
knowing that it is false or misleading in a material respect is
guilty of an offence.
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Amendment of Coastal Protection Act 1979 No 13 Schedule 1
(3) A person who wilfully delays, threatens, intimidates or obstructs
an authorised officer in the exercise of the authorised officer's
powers under this Act is guilty of an offence.
(4) A person who interferes with, damages or destroys or does any
act which may tend to interfere with, damage or destroy any
vehicle, vessel, asset or equipment which is used in relation to the
exercise of a function by an authorised officer under this Act is
guilty of an offence.
(5) A person who impersonates an authorised officer is guilty of an
offence.
Maximum penalty:
(a) in the case of a corporation--500 penalty units and, in the
case of a continuing offence, a further penalty of
50 penalty units for each day the offence continues, or
(b) in the case of an individual--100 penalty units and, in the
case of a continuing offence, a further penalty of
10 penalty units for each day the offence continues.
Part 2A NSW Coastal Panel
12 Constitution of NSW Coastal Panel
(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 Associations 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 Associations 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.
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Schedule 1 Amendment of Coastal Protection Act 1979 No 13
(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.
13 Functions of Coastal Panel
(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.
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Amendment of Coastal Protection Act 1979 No 13 Schedule 1
(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.
[6] Section 38 General supervision of coastal zone
Insert after section 38 (2):
(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 emergency
coastal protection works.
[7] Section 39 Special provisions respecting coastal development
Insert after section 39 (4):
(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
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Schedule 1 Amendment of Coastal Protection Act 1979 No 13
(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.
[8] Sections 4850
Omit the sections.
[9] Section 53 Regulations
Omit the section.
[10] Section 55 Carrying out of certain works
Insert after section 55 (6):
(7) Nothing in this section authorises the Minister or the Governor to
direct a specified person to carry out specified work.
[11] Section 55A
Omit the section. Insert instead:
55A Minister to have regard to objects of Act
In exercising his or her functions under this Part, the Minister is
to have regard to the objects of this Act.
[12] Section 55B Requirement for coastal zone management plans
Insert after section 55B (4):
(5) A council must, if directed to do so by the Minister, review the
council's existing coastal zone management plan and make a new
plan in accordance with this Part to replace the existing plan.
(6) A council required under this section to review its existing
coastal zone management plan and make a new plan to replace
that existing plan must do so:
(a) within 12 months after being directed to do so by the
Minister, or
(b) within such longer period as may be agreed to by the
Minister.
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Amendment of Coastal Protection Act 1979 No 13 Schedule 1
(7) If a council fails to comply with this section, the Minister may:
(a) review the council's existing plan and make a new plan to
replace that existing plan, and
(b) recover from the council the costs of doing those things,
and
(c) publish the new plan in the Gazette.
Such a new plan is taken to have been made by the council in
accordance with this Part.
(8) For the avoidance of doubt, the Minister may give a direction
under subsection (1) or (5) in relation to part of an area included
within the coastal zone.
(9) In this section, coastal zone includes land that adjoins the tidal
waters of the Hawkesbury River, Sydney Harbour and Botany
Bay, and their tributaries.
[13] Section 55C Matters to be dealt with in coastal zone management plans
Omit "of the kind that may be carried out under the State Emergency and
Rescue Management Act 1989, or otherwise," from section 55C (b).
Insert instead "carried out".
[14] Section 55C
Insert at the end of section 55C (c):
, and
(d) where the plan relates to a part of the coastline, the
management of risks arising from coastal hazards, and
(e) where the plan relates to an estuary, the management of
estuary health and any risks to the estuary arising from
coastal hazards, and
(f) the impacts from climate change on risks arising from
coastal hazards and on estuary health, as appropriate, and
(g) where the plan proposes the construction of coastal
protection works (other than emergency coastal protection
works) that are to be funded by the council or a private
landowner or both, the proposed arrangements for the
adequate maintenance of the works and for managing
associated impacts of such works (such as changed or
increased beach erosion elsewhere or a restriction of public
access to beaches or headlands).
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Schedule 1 Amendment of Coastal Protection Act 1979 No 13
(2) A coastal zone management plan must not include the following:
(a) matters dealt with in any plan made under the State
Emergency and Rescue Management Act 1989 in relation
to the response to emergencies,
(b) proposed actions or activities to be carried out by any
public authority or relating to any land or other assets
owned or managed by a public authority, unless the public
authority has agreed to the inclusion of those proposed
actions or activities in the plan.
(3) Despite subsection (1), the Minister may give a direction under
section 55B that a council make a coastal zone management plan
that makes provision for only one or more of the matters referred
to in that subsection as specified in the direction.
[15] Section 55D Guidelines for preparation of draft coastal zone
management plans
Insert after section 55D (2):
(3) The Minister is to ensure that notification of any guidelines is
published in the Gazette.
(4) A copy of the Minister's guidelines must be available for public
inspection on the Internet website of the Department.
[16] Section 55G Certification by Minister
Omit "for approval" from section 55G (1).
Insert instead "for certification under this section".
[17] Section 55G (2)(6)
Omit section 55G (2). Insert instead:
(2) Before submitting the draft coastal zone management plan to the
Minister under subsection (1), the council must consult with
other public authorities in the manner specified in the Minister's
guidelines.
(3) Before certifying the draft coastal zone management plan
submitted to the Minister under subsection (1), the Minister may
refer the plan to the Coastal Panel for advice.
(4) The Minister may:
(a) certify, or refuse to certify, that a draft coastal zone
management plan submitted to the Minister has been
prepared in accordance with the requirements of this Act,
or
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Amendment of Coastal Protection Act 1979 No 13 Schedule 1
(b) if the Minister has referred the plan to the Coastal Panel for
advice under subsection (3) and the Coastal Panel has
recommended changes to the plan--return the plan to the
council and direct the council to amend and resubmit the
plan with the recommended changes.
(5) A council required to amend and resubmit a plan with
recommended changes must do so:
(a) within 90 days after being directed to do so by the
Minister, or
(b) within such longer period as may be agreed to by the
Minister.
(6) If a council fails to amend and resubmit a plan as required by this
section, the Minister may:
(a) make the plan with the recommended changes instead of
the council, and
(b) recover the cost of making the plan from the council, and
(c) certify that the draft coastal zone management plan has
been prepared in accordance with the requirements of this
Act and publish it in the Gazette.
Such a plan is taken to have been made by the council in
accordance with this Part.
[18] Section 55H Gazettal and commencement of coastal zone management
plans
Omit "approves a draft coastal zone management plan" from section 55H (1).
Insert instead "certifies that a draft coastal zone management plan has been
prepared in accordance with the requirements of this Act".
[19] Section 55I Amendment and repeal of coastal zone management plans
Insert "(in whole or in part)" after "amended" in section 55I (1).
[20] Section 55J Availability of coastal zone management plans
Insert at the end of the section:
(2) A copy of a coastal zone management plan must be available for
public inspection on the Internet website of the council within
7 days of its publication in the Gazette.
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Schedule 1 Amendment of Coastal Protection Act 1979 No 13
[21] Section 55K
Omit the section. Insert instead:
55K Breach of coastal zone management plan: offence
A person must not carry out work for the purpose, or that has the
effect, of preventing or remediating beach erosion, or for
protecting property affected or likely to be affected by beach
erosion, unless the work is:
(a) in accordance with the relevant coastal zone management
plan, or
(b) development for which consent has been granted or
exempt development under the Environmental Planning
and Assessment Act 1979 or an approved project within the
meaning of Part 3A of that Act, or
(c) emergency coastal protection works.
Maximum penalty: 4,500 penalty units (in the case of a
corporation) or 2,250 penalty units (in any other case).
[22] Section 55L Breach of coastal zone management plan: restraint
Insert after section 55L (4):
(5) This section does not apply to a breach of a coastal zone
management plan that is an act or omission that is:
(a) development for which consent has been granted, exempt
development or development that does not need consent
under the Environmental Planning and Assessment Act
1979 or an approved project within the meaning of Part 3A
of that Act, or
(b) emergency coastal protection works.
(6) Despite subsection (1), a council may not bring proceedings
under this section to remedy or restrain a breach of a coastal zone
management plan by the State or a NSW Government agency.
[23] Section 55M Breach of coastal zone management plan: order
Omit the section.
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Amendment of Coastal Protection Act 1979 No 13 Schedule 1
[24] Part 4B, heading
Omit the heading to Part 4B. Insert instead:
Part 4B Erosion and accretion
[25] Section 55M
Insert before section 55N:
55M Granting of development consent relating to coastal protection
works
(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
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Schedule 1 Amendment of Coastal Protection Act 1979 No 13
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.
[26] Parts 4C and 4D
Insert after Part 4B:
Part 4C Emergency coastal protection works
Division 1 Preliminary
55O Regulatory approvals not required for authorised emergency
coastal protection works
A person does not require regulatory approval under this Act or
any other law for emergency coastal protection works if the
works are authorised by a certificate under Division 2.
Note. This means that planning and associated approvals are not
required for the placement and maintenance of authorised emergency
coastal protection works--see section 55W.
55P Meaning of "emergency coastal protection works"
(1) General meaning
In this Act, emergency coastal protection works means works
comprising the placement of the following material, in
compliance with the requirements of this section, on a beach, or
a sand dune adjacent to a beach, to mitigate the effects of wave
erosion on land:
(a) sand, or fabric bags filled with sand, (other than sand taken
from a beach or a sand dune adjacent to a beach),
(b) other objects or material prescribed by the regulations
(other than rocks, concrete, construction waste or other
debris).
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Amendment of Coastal Protection Act 1979 No 13 Schedule 1
(2) Requirements relating to emergency coastal protection works
The requirements for the placement of material as emergency
coastal protection works are as follows:
(a) the material must be placed in accordance with a certificate
under Division 2 that authorises the works,
(b) the material must be placed by or on behalf of a landowner
to reduce the impact or likely impact from the erosion on a
building being lawfully used for residential, commercial or
community purposes,
(c) the material must be placed when:
(i) beach erosion is occurring, or
(ii) beach erosion is imminent, or
(iii) it is reasonably foreseeable (because of proximity to
the erosion escarpment) that beach erosion is likely
to impact on a building being lawfully used for
residential, commercial or community purposes,
(d) the material must be placed by or on behalf of the
landowner in accordance with any emergency action
subplan that applies to the land concerned,
(e) in relation to material placed before 1 September 2011--
the material must be placed by or on behalf of the
landowner in accordance with any requirements adopted
by the Minister and published in the Gazette for the
purposes of this section before 1 January 2011,
(f) the material must be placed by or on behalf of the
landowner in accordance with any requirements specified
in the regulations for the purposes of this section.
(3) A requirement in an emergency action subplan or a requirement
otherwise adopted or specified under subsection (2) may:
(a) apply generally or be limited in its application by reference
to specified factors or exceptions, and
(b) apply differently according to different factors of a
specified kind.
(4) For the avoidance of doubt, a requirement in an emergency action
subplan or a requirement otherwise adopted or specified under
subsection (2) may specify locations where emergency coastal
protection works may be placed and must not be placed.
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(5) In the event of an inconsistency between:
(a) the regulations and an emergency action subplan or a
requirement adopted by the Minister (as referred to in
subsection (2) (e)), the regulations prevail to the extent of
the inconsistency, and
(b) an emergency action subplan and a requirement adopted
by the Minister (as referred to in subsection (2) (e)), the
emergency action subplan prevails to the extent of the
inconsistency.
55Q Maximum period allowed for emergency coastal protection works
(1) The maximum period allowed for emergency coastal protection
works is 12 months commencing on the placement of the works.
(2) Despite subsection (1), if at the expiry of the 12-month period
referred to in that subsection, a development application is
pending under the Environmental Planning and Assessment Act
1979 for consent to development for the purposes of coastal
protection works on the same land, the maximum period allowed
for the works ends:
(a) where, on the final determination of that development
application (including any appeals relating to that
application), the application is refused--21 days after that
final determination, or
(b) where, on the final determination of that development
application (including any appeals relating to that
application), the application is granted--such further
period as is specified in the consent.
(3) Works cease to be emergency coastal protection works for the
purposes of this Act if the works remain in place for longer than
the maximum period allowed for emergency coastal protection
works under this section.
55R Maintenance requirements for emergency coastal protection
works
(1) Emergency coastal protection works must be maintained by or on
behalf of the landowner in accordance with the following
requirements:
(a) any requirements of the certificate under Division 2 that
authorises the works,
(b) any requirements of an emergency action subplan that
applies to the land concerned,
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(c) in relation to works placed before 1 September 2011--any
requirements adopted by the Minister and published in the
Gazette for the purposes of this section before 1 January
2011,
(d) any requirements specified in the regulations for the
purposes of this section.
(2) Works cease to be emergency coastal protection works if they are
not maintained as required by this section.
(3) A requirement in an emergency action subplan or a requirement
otherwise adopted or specified under subsection (1) may:
(a) apply generally or be limited in its application by reference
to specified factors or exceptions, and
(b) apply differently according to different factors of a
specified kind.
55S Emergency coastal protection works may be placed only once
(1) Works are not emergency coastal protection works for the
purposes of this Act if the works are placed on a parcel of land
(other than public land) on which other emergency coastal
protection works had at any time previously been placed (other
than works placed by an owner of adjacent land in accordance
with section 55Z (2)).
(2) Nothing in subsection (1) prevents the repair of emergency
coastal protection works (including the replacement of
components of the works) during the period allowed for the
works.
Division 2 Certificate for emergency coastal protection
works
55T Applications for and issue of certificate relating to emergency
coastal protection works
(1) An owner of land (or a person acting on behalf of, and with the
written authority of, the owner of land) may apply to the relevant
local council or to the Director-General for a certificate
authorising the placement of emergency coastal protection works
on the land.
(2) The function of issuing a certificate must be delegated to an
emergency works authorised officer.
(3) A certificate under this Division may be issued unconditionally
or subject to conditions.
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(4) An application for a certificate is to be accompanied by the fee
determined by the Minister.
(5) A certificate under this Division issued to an owner of land
extends to authorise the placement of emergency coastal
protection works by or on behalf of a successor in title to the land
concerned.
Note. See also section 55ZH for more specific provisions relating to
successors in title to land.
(6) For the avoidance of doubt, works are not or cease to be
emergency coastal protection works for the purposes of this Act
if the works are not placed or maintained, respectively, in
accordance with the requirements set out in the conditions of a
certificate issued under this Division.
Note. See also section 55P (2) (a) and 55R (1) (a).
(7) A person must not make an application to an issuing authority for
a certificate to authorise the placement of emergency coastal
protection works if:
(a) a certificate relating to the same works has been issued by
another issuing authority and is in force, or
(b) an application to another issuing authority in relation to the
same works is pending.
(8) In this section:
emergency works authorised officer means an authorised officer
appointed by a council or the Director-General who has been
authorised in writing by the council or the Director-General, as
appropriate, for the purposes of issuing certificates under this
Division.
issuing authority, in relation to an application for a certificate
under this Division, means the relevant local council and the
Director-General.
55U Duration of certificates
A certificate under this Division does not authorise the placement
of emergency coastal protection works more than 2 years after it
was issued.
55V Notification of other issuing authority
As soon as practicable after the issue of a certificate under this
Division, the emergency works authorised officer who issued the
certificate must cause a copy of the certificate to be sent to the
following:
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(a) the relevant council--if the officer was appointed by the
Director-General,
(b) the Director-General--if the officer was appointed by a
council,
(c) the Chief Executive of the Land and Property Management
Authority--if the emergency coastal protection works are
to be placed on Crown land (within the meaning of the
Crown Lands Act 1989) or the placement or maintenance
of those works requires the use or occupation of Crown
land.
Division 3 General
55W Placing and maintaining emergency coastal protection works not
restricted by certain legislation
If a person does not require regulatory approval under this Act or
any other law for emergency coastal protection works (as
provided by section 55O), the following provisions apply to the
works:
(a) placing and maintaining the works is not development for
the purposes of the Environmental Planning and
Assessment Act 1979 and is not an activity for the purposes
of Part 5 of that Act,
(b) Division 3 of Part 7 of the Fisheries Management Act 1994
does not apply to reclamation work that is carried out for
the purpose of the works,
(c) the placement or maintenance of the works does not,
despite any regulation under the Marine Parks Act 1997,
require the consent of the relevant Ministers within the
meaning of that Act,
(d) the works may be placed and maintained on community
land (within the meaning of the Local Government
Act 1993) despite the provisions of any plan of
management under that Act applying to that land,
(e) section 138 (Works and structures) of the Roads Act 1993
does not apply in relation to emergency coastal protection
works placed by a person on a public road, but only if:
(i) there are no road works on the public road, and
(ii) the public road is not used by vehicular traffic, and
(iii) the person took all practical measures to avoid
placing those emergency coastal protection works
on the public road.
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55X Notice to council and others of placement of emergency coastal
protection works
(1) An owner of land must, at or about the time the emergency
coastal protection works are to be placed on land, notify the
following of the placing of the works:
(a) the relevant local council,
(b) if the works are or are about to be placed on public land in
reliance on section 55Z--the public authority that is the
owner of, or has the care, control or management of, the
land.
Note. After placement of emergency coastal protection works Coastal
Authorities may exercise powers under Part 4D to make orders relating
to such works. Those orders include, where justified, orders to remove,
alter or repair the works concerned.
(2) The notification under subsection (1) is to be made:
(a) in the manner and to the person or persons specified in the
certificate issued under Division 2 for the works, or
(b) if no such manner or person is specified--to the person or
persons identified in accordance with the requirements
adopted by the Minister and published in the Gazette for
the purposes of section 55P.
Maximum penalty:
(a) in the case of a corporation--100 penalty units, or
(b) in any other case--50 penalty units.
(3) For the purposes of subsection (1) (b), public land that is Crown
land within the meaning of the Crown Lands Act 1989 or land
within a reserve as defined in Part 5 of that Act is taken to be
owned by, or under the care, control or management of, the
Minister administering that Act.
55Y Removal of emergency coastal protection works
(1) A person who has placed emergency coastal protection works (or
caused such works to be placed) on land must, before the expiry
of the maximum period allowed for emergency coastal protection
works, remove the works and restore the land in accordance with:
(a) in relation to works placed 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.
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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.
(2) A person may not be found guilty both of an offence under
subsection (1) and an offence for a failure to comply with an
order under Part 4D in relation to the same failure to remove
works or restore land.
(3) If a person does not comply with subsection (1) (whether that
person has been convicted of an offence in respect of the
subsection or not), the Coastal Authority concerned may remove
the works and restore the land. Any costs reasonably incurred by
the Coastal Authority under this subsection may be recovered in
a court of competent jurisdiction from the person as a debt due to
the Coastal Authority.
(4) 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.
(5) The removal of works and the restoration of land under
subsection (3) is not an activity for the purposes of Part 5 of the
Environmental Planning and Assessment Act 1979.
55Z Use and occupation of other land for emergency coastal
protection works
(1) Use and occupation of public land without permission
A certificate under Division 2 that authorises a person to place
and maintain emergency coastal protection works on land owned
by the person extends to authorising the person to use and occupy
public land for the placing and maintaining of the works (without
obtaining a lease, licence or permit in respect of, or an easement
or right-of-way in relation to, the land), but only if the person
takes all reasonable measures:
(a) to avoid using or occupying the public land for the placing
and maintaining of the works, and
(b) to avoid damage to assets and vegetation on the public
land, and
(c) to minimise risks to the public on the public land, and
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(d) to maintain reasonable public access (including access for
local and public authorities) to and through the beach
concerned, and
(e) to minimise disruption of the public use of the beach
concerned.
(2) Use and occupation of adjacent private land with permission
A certificate under Division 2 that authorises a person to place
and maintain emergency coastal protection works on land owned
by the person extends to authorising the person to use and occupy
adjacent land (other than public land) for the placing, maintaining
and removal of the works, but only if the person has obtained a
lease, easement, right-of-way or other interest in land from the
owner of the adjacent land to use and occupy that land for that
purpose.
(3) Public authorities not to unreasonably refuse access to public
land
A public authority must not unreasonably refuse a person access
to the public authority's public land to enable the person to
lawfully place emergency coastal protection works on land
(whether public or private).
Part 4D Powers with respect to material and
structures on beaches
55ZA Order to remove certain materials and structures unlawfully
placed on beaches (other than emergency coastal protection
works)
(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
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(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.
(7) This section does not apply in relation to emergency coastal
protection works.
(8) A council may not give an order under this section to a Minister
or another public authority.
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55ZB Stop work orders relating to materials and structures unlawfully
being placed on beaches (other than emergency coastal
protection works)
(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.
(3) This section does not apply if the activity comprises the
placement or maintenance of emergency coastal protection
works.
(4) A council may not give an order under this section to a Minister
or another public authority.
55ZC Orders relating to emergency coastal protection works
(1) A Coastal Authority that is a designated authority for land on
which a person has placed (or caused to be placed) emergency
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 emergency coastal protection
works (for example, the works have been in place for
longer than the maximum period allowed for emergency
coastal protection works 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).
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(2) A Coastal Authority that is a designated authority for land on
which a person has placed (or caused to be placed) emergency
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) emergency
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) to avoid placing those works on the public land, or
(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) to maintain reasonable public access (including access for
local and public authorities) to and through the beach
concerned.
(4) A Coastal Authority that is a designated authority for land on
which a person has placed (or caused to be placed) emergency
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 emergency
coastal protection works, 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.
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Note. Certificates under Division 2 of Part 4C for emergency coastal
protection works are issued by emergency works authorised officers as
delegates of councils or of the Director-General of the Department of
Environment, Climate Change and Water.
If an emergency works authorised officer who issued such a certificate
was appointed by a council, any other Coastal Authority intending to
make an order under this section relating to the works must ensure that
the council is aware of the proposal to make the order.
If an emergency works authorised officer who issued such a certificate
was appointed by the Director-General, any Coastal Authority intending
to make an order under this section relating to the works must ensure
that the Director-General is aware of the proposal to make the order.
See section 55ZG for resolution of disputes between Coastal
Authorities.
(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.
55ZD General provisions relating to orders
(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.
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(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.
55ZE Fee
(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.
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(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.
55ZF Failure to comply with order
(1) A person who does not comply with an order under this Part 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.
(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.
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(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.
55ZG Resolution of disputes under Part 4C and this Part
(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.
55ZH Successors in title and emergency coastal protection works
(1) If an original owner of land to whom a certificate under
Division 2 of Part 4C has been issued ceases, before placing the
authorised emergency coastal protection works on that land, 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 place and maintain those authorised emergency coastal
protection works in accordance with that certificate.
Note. A person who places emergency coastal protection works may be
made the subject of an order under this Part--see section 55ZC.
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(2) If an original owner of land to whom a certificate under
Division 2 of Part 4C has been issued ceases, after placing the
authorised emergency coastal protection works on that land, but
before the works are removed and the land restored in accordance
with this Act, 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 emergency coastal protection works in
accordance with a certificate under Division 2 of Part 4C 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.
[27] Section 56A Restoration orders
Insert "or following" after "during" in section 56A (2).
[28] Section 56B
Insert after section 56A:
56B Categorisation of coastal risks to land
The regulations may make provision for or with respect to the
following:
(a) the categorisation of land within the coastal zone into risk
categories according to the level of the risk that particular
land will be adversely affected by coastal hazards,
(b) the determination by the Minister of the risk category to
which particular land is to be allocated,
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(c) the determination by the Minister of the likely response of
public authorities to the risks posed by coastal hazards to
land within the coastal zone (on the basis of the relevant
coastal zone management plan and any other instrument or
public document),
(d) requiring the inclusion in a certificate under section 149 of
the Environmental Planning and Assessment Act 1979
issued in respect of land within the coastal zone of a
statement of the risk category of the land under the
regulations and of the likely response of public authorities
to the risks posed by coastal hazards to the land as
determined by the Minister under the regulations,
(e) providing for notification of councils of the information
required to be included by the regulations in a certificate
under section 149 of the Environmental Planning and
Assessment Act 1979 in respect of land within the coastal
zone.
[29] Section 58 Penalties
Omit "100 penalty units" from section 58 (1).
Insert instead "4,500 penalty units (in the case of a corporation) or
2,250 penalty units (in any other case)".
[30] Section 58 (2)
Omit "10 penalty units".
Insert instead "400 penalty units (in the case of a corporation) or 200 penalty
units (in any other case)".
[31] Section 59 Proceedings for offences
Insert "(other than an offence against section 55K or 55Y or Part 4D)" after
"this Act".
[32] Section 59 (2) and (3)
Insert at the end of the section:
(2) Proceedings for an offence against section 55K or 55Y 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.
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Schedule 1 Amendment of Coastal Protection Act 1979 No 13
[33] Sections 59A and 59B
Insert after section 59:
59A Continuing offences
(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.
59B Penalty notices
(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
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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.
[34] Sections 60 and 61
Omit the sections. Insert instead:
60 Regulations
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.
61 Service of notices
(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
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Schedule 1 Amendment of Coastal Protection Act 1979 No 13
(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.
[35] Sections 6365
Insert after section 62:
63 Delegation
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.
64 Review of Part 4C of Act
(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.
65 Review of Act
(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.
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(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.
[36] Schedule 1 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Coastal Protection and Other Legislation Amendment Act 2010
[37] Schedule 1, clause 3 (2) (c)
Insert at the end of clause 3 (2) (b):
, and
(c) publish the coastal zone management plan in the Gazette.
[38] Schedule 2
Insert after Schedule 1:
Schedule 2 Constitution and procedure of
Coastal Panel
(Section 12 (8))
Part 1 General
1 Definitions
In this Schedule:
Chairperson means the Chairperson of the Coastal Panel.
Deputy Chairperson means the Deputy Chairperson of the
Coastal Panel.
member means any member of the Coastal Panel.
Part 2 Constitution
2 Terms of office of members
Subject to this Schedule and the regulations, a member holds
office for such period (not exceeding 3 years) as is specified in
the member's instrument of appointment, but is eligible (if
otherwise qualified) for re-appointment.
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3 Remuneration
A member is entitled to be paid such remuneration (including
travelling and subsistence allowances) as the Minister may from
time to time determine in respect of the member.
4 Deputies
(1) The Minister may, from time to time, appoint a person to be the
deputy of a member. The appointment is to be made in the same
manner as the appointment of the member.
(2) The Minister may, at any time, revoke any such appointment.
(3) In the absence of a member, the member's deputy may, if
available, act in the place of the member.
(4) While acting in the place of a member, a person has all the
functions of the member and is taken to be a member.
(5) For the purposes of this clause, a vacancy in the office of a
member is taken to be an absence of the member.
(6) This clause does not operate to confer on the deputy of a member
who is the Chairperson or Deputy Chairperson the member's
functions as Chairperson or Deputy Chairperson.
5 Vacancy in office of member
(1) The office of a member becomes vacant if the member:
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to the
Minister, or
(d) is removed from office by the Minister under this clause,
or
(e) is absent from 3 consecutive meetings of the Coastal Panel
of which reasonable notice has been given to the member
personally or by post, except on leave granted by the
Minister or unless the member is excused by the Minister
for having been absent from those meetings, or
(f) becomes bankrupt, applies to take the benefit of any law
for the relief of bankrupt or insolvent debtors, compounds
with his or her creditors or makes an assignment of his or
her remuneration for their benefit, or
(g) becomes a mentally incapacitated person, or
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(h) is convicted in New South Wales of an offence that is
punishable by imprisonment for 12 months or more or is
convicted elsewhere than in New South Wales of an
offence that, if committed in New South Wales, would be
an offence so punishable.
(2) The Minister may remove a member from office at any time.
(3) Despite subclause (2), the Minister must not remove from office
a member who was nominated by the Local Government and
Shires Associations unless the Minister has consulted with the
Local Government and Shires Associations.
6 Filling of vacancy in office of member
If the office of any member becomes vacant, a person is, subject
to this Act and the regulations, to be appointed to fill the vacancy.
7 Disclosure of pecuniary interests
(1) If:
(a) a member has a direct or indirect pecuniary interest in a
matter being considered or about to be considered at a
meeting of the Coastal Panel, and
(b) the interest appears to raise a conflict with the proper
performance of the member's duties in relation to the
consideration of the matter,
the member must, as soon as possible after the relevant facts have
come to the member's knowledge, disclose the nature of the
interest at a meeting of the Coastal Panel.
(2) A disclosure by a member at a meeting of the Coastal Panel that
the member:
(a) is a member, or is in the employment, of a specified
company or other body, or
(b) is a partner, or is in the employment, of a specified person,
or
(c) has some other specified interest relating to a specified
company or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter
relating to that company or other body or to that person which
may arise after the date of the disclosure and which is required to
be disclosed under subclause (1).
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(3) Particulars of any disclosure made under this clause must be
recorded by the Coastal Panel in a book kept for the purpose and
that book must be open at all reasonable hours to inspection by
any person on payment of the fee determined by the Coastal
Panel.
(4) After a member has disclosed the nature of an interest in any
matter, the member must not, unless the Minister or the Coastal
Panel otherwise determines:
(a) be present during any deliberation of the Coastal Panel
with respect to the matter, or
(b) take part in any decision of the Coastal Panel with respect
to the matter.
(5) For the purposes of the making of a determination by the Coastal
Panel under subclause (4), a member who has a direct or indirect
pecuniary interest in a matter to which the disclosure relates must
not:
(a) be present during any deliberation of the Coastal Panel for
the purpose of making the determination, or
(b) take part in the making by the Coastal Panel of the
determination.
(6) A contravention of this clause does not invalidate any decision of
the Coastal Panel.
(7) This clause applies to a member of a committee of the Coastal
Panel and the committee in the same way as it applies to a
member of the Coastal Panel and the Coastal Panel.
8 Effect of certain other Acts
(1) Chapter 2 of the Public Sector Employment and Management
Act 2002 does not apply to or in respect of the appointment of a
member.
(2) If by or under any Act provision is made:
(a) requiring a person who is the holder of a specified office to
devote the whole of his or her time to the duties of that
office, or
(b) prohibiting the person from engaging in employment
outside the duties of that office,
the provision does not operate to disqualify the person from
holding that office and also the office of a member or from
accepting and retaining any remuneration payable to the person
under this Act as a member.
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9 Personal liability
A matter or thing done or omitted to be done by the Coastal Panel,
a member of the Coastal Panel or a person acting under the
direction of the Coastal Panel does not, if the matter or thing was
done or omitted to be done in good faith for the purpose of
executing this or any other Act, subject a member or a person so
acting personally to any action, liability, claim or demand.
Part 3 Procedure
10 General procedure
The procedure for the calling of meetings of the Coastal Panel
and for the conduct of business at those meetings is, subject to
this Act and the regulations, to be as determined by the Coastal
Panel.
11 Quorum
The quorum for a meeting of the Coastal Panel is a majority of its
members for the time being.
12 Presiding member
(1) The Chairperson (or, in the absence of the Chairperson, the
Deputy Chairperson, or in the absence of both the Chairperson
and the Deputy Chairperson, a person elected by the members of
the Coastal Panel who are present at a meeting of the Coastal
Panel) is to preside at a meeting of the Coastal Panel.
(2) The presiding member has a deliberative vote and, in the event of
an equality of votes, has a second or casting vote.
13 Voting
A decision supported by a majority of the votes cast at a meeting
of the Coastal Panel at which a quorum is present is the decision
of the Coastal Panel.
14 Transaction of business outside meetings or by telephone
(1) The Coastal Panel may, if it thinks fit, transact any of its business
by the circulation of papers among all the members of the Coastal
Panel for the time being, and a resolution in writing approved in
writing by a majority of those members is taken to be a decision
of the Coastal Panel.
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(2) The Coastal Panel may, if it thinks fit, transact any of its business
at a meeting at which members (or some members) participate by
telephone, closed-circuit television or other means, but only if
any member who speaks on a matter before the meeting can be
heard by the other members.
(3) For the purposes of:
(a) the approval of a resolution under subclause (1), or
(b) a meeting held in accordance with subclause (2),
the Chairperson and each member have the same voting rights as
they have at an ordinary meeting of the Coastal Panel.
(4) A resolution approved under subclause (1) is, subject to the
regulations, to be recorded in the minutes of the meetings of the
Coastal Panel.
(5) Papers may be circulated among the members for the purposes of
subclause (1) by facsimile or other transmission of the
information in the papers concerned.
15 First meeting
The Minister may call the first meeting of the Coastal Panel in
such manner as the Minister thinks fit.
16 Minutes of meetings
The Coastal Panel must cause full and accurate minutes to be kept
of the proceedings of its meetings.
17 Minutes to be available for public inspection
The Chairperson must, on request, make available to any member
of the public a copy of the minutes of the proceedings of the
meetings of the Coastal Panel.
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Coastal Protection and Other Legislation Amendment Bill 2010
Amendment of Local Government Act 1993 No 30 Schedule 2
Schedule 2 Amendment of Local Government Act
1993 No 30
[1] Section 496B
Insert after section 496A:
496B Making and levying of annual charges for coastal protection
services
(1) A council may, in accordance with this Act and the regulations,
make and levy an annual charge for the provision by the council
of coastal protection services for a parcel of rateable land that
benefits from the services, being services that relate to coastal
protection works constructed:
(a) by or on behalf of the owner or occupier (or a previous
owner or occupier) of the parcel of land, or
(b) jointly by or on behalf of:
(i) the owner or occupier (or a previous owner or
occupier) of the parcel of land, and
(ii) a public authority or a council.
(2) An annual charge for the provision of coastal protection services
must be calculated so as to not exceed the reasonable cost to the
council of providing those services (including any legal,
insurance, engineering, surveying, project management,
financing and similar costs associated with providing those
services).
Note. The coastal protection services for which an annual charge may
be made and levied are services:
(a) to maintain and repair coastal protection works, or
(b) to manage the impacts of such works (such as changed or
increased beach erosion elsewhere).
See the definition of coastal protection service in the Dictionary.
(3) If a person is aggrieved by the amount of the annual charge, the
person may appeal to the Land and Environment Court and that
Court may determine the amount.
(4) The fact that an appeal is pending does not in the meantime affect
the levying of the annual charge to which the appeal relates and
the charge may be recovered as if no appeal were pending.
(5) If a person's appeal is, in whole or in part, successful, the council
must refund any amount paid in excess of a requirement for
payment under this Act.
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(6) If the Land and Environment Court, in the course of determining
an appeal under subsection (3), determines the reasonable cost to
the council of providing coastal protection services in relation to
particular coastal protection works, that determination is binding
in relation to the calculation of the annual charge for all other
parcels of land that benefit from those same services.
(7) For the avoidance of doubt, a parcel of land benefits from the
provision of coastal protection services even if:
(a) the services relate to private coastal protection works (such
as a seawall) wholly on the parcel or on a neighbouring
parcel of private land, or
(b) the services are carried out on land that is outside the
council's area.
(8) Subsection (1) does not authorise or permit a council to make or
levy an annual charge for the provision of coastal protection
services for rateable land that is held under a lease for private
purposes granted under the Aboriginal Housing Act 1998 or the
Housing Act 2001.
(9) The Minister administering the Coastal Protection Act 1979 is to
issue guidelines relating to the making and levying of charges
under this section. A council is to have regard to any such
guidelines when making and levying such charges.
[2] Section 505 Application of Part
Insert after section 505 (a) (v):
(vi) annual charges for coastal protection services, and
[3] Chapter 15, Part 5, Division 3
Insert after Division 2 of Part 5 of Chapter 15:
Division 3 Coastal protection service charges
553B Restriction on levying coastal protection service charges
(1) An annual charge for coastal protection services may not be
levied on a parcel of rateable land in relation to existing coastal
protection works unless the owner (or any previous owner) of
that land has consented in writing to the land being subject to
such charges.
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(2) Despite subsection (1), the council may make and levy an annual
charge on a parcel of rateable land for coastal protection services
that relate to existing coastal protection works if the owner or
occupier (or any previous owner or occupier) of the parcel of
rateable land contributed, after the commencement of this
section, to the upgrade or expansion of the existing coastal
protection works. However, any such annual charge must be
calculated so as to enable the council only to recover that portion
of the reasonable cost to the council of providing those services
that exceeds the reasonable cost to the council of providing such
services had the existing coastal protection works not been
upgraded or expanded.
(3) An annual charge for coastal protection services may not be
levied on a parcel of rateable land in relation to any coastal
protection works if:
(a) the maintenance of the works or the management of the
impacts of the works (as appropriate) is a condition of an
approval or consent under the Environmental Planning
and Assessment Act 1979 relating to the works, and
(b) that maintenance or management work is not being carried
out by or on behalf of the council.
(4) In this section, existing coastal protection works means coastal
protection works that existed before the commencement of this
section.
[4] Sections 606A606C
Insert after section 606:
606A Estimates of coastal protection service charges
(1) A council must, on request, provide a person who would be liable
to pay an annual charge for coastal protection services in relation
to proposed coastal protection works with an estimate of the
person's liability for that annual charge (if the council were to
make such a charge) for each of the following 5 years.
(2) A request for an estimate under subsection (1) must include any
information required by the council in order to make the estimate,
including but not limited to, information relating to proposed
coastal protection works such as the location and type of works
and their expected on-site and off-site impacts.
(3) A request for an estimate under subsection (1) is to be
accompanied by a fee determined by the council to cover the
council's reasonable costs in providing the estimate.
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(4) A council must provide the estimate within 30 days of the
submission of the request (including the required information)
and fee.
(5) An estimate provided by the council does not bind or limit the
council in the making or levying of a charge for coastal protection
services under this Act.
606B Review of cost of coastal protection service charges on request of
ratepayer
(1) A council must, on request, provide a person who is liable to pay
an annual charge for coastal protection services with a report
prepared by an independent person on the cost to the council of
providing those services.
(2) A request for a report under subsection (1) is to be accompanied
by a fee determined by the council to cover the council's
reasonable costs in providing the report.
(3) If a council provides a report to a person under subsection (1) the
council is to make the report available to all other persons liable
to pay an annual charge in relation to the same services.
(4) A council is not required to provide a report under subsection (1)
to a person if the council has in the previous 3 years provided or
made available to the person such a report in relation to the same
coastal protection services.
(5) Despite subsection (2), a fee is not required to accompany the
following requests:
(a) a request made during the first year that an annual charge
is made and levied on the relevant parcel of land,
(b) a request made during the year following an increase in the
annual charge by a percentage that is greater than the
percentage specified in an order under section 506 for the
year concerned.
606C Review of cost of coastal protection service charges on direction
of Minister administering Coastal Protection Act 1979
(1) The Minister administering Part 4A of the Coastal Protection Act
1979 (the Coastal Protection Minister) may direct a council to
provide the Coastal Protection Minister with a report prepared by
an independent person on the cost to the council of providing
coastal protection services.
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Amendment of Local Government Act 1993 No 30 Schedule 2
(2) A council directed to provide a report under subsection (1) must
submit the report to the Coastal Protection Minister:
(a) within 90 days of the direction, or
(b) within such longer period as may be agreed to by the
Coastal Protection Minister.
(3) If a council fails to comply with this section, the Coastal
Protection Minister may:
(a) commission an independent person to prepare the report,
and
(b) recover the cost of preparing the report from the council.
The council is to co-operate with the independent person in the
preparation of the report.
(4) The council is to have regard to any report of an independent
person referred to in this section in determining an annual charge
for the coastal protection services concerned.
[5] Section 733 Exemption from liability--flood liable land and land in
coastal zone
Insert after section 733 (3) (a):
(b) the preparation or making of a coastal zone management
plan, or the giving of an order, under the Coastal
Protection Act 1979, and
[6] Section 733 (3) (f2)(f6)
Insert in appropriate order in section 733 (3):
(f2) anything done or omitted to be done regarding beach
erosion or shoreline recession on Crown land, land within
a reserve as defined in Part 5 of the Crown Lands Act 1989
or land owned or controlled by a council or a public
authority, and
(f3) the failure to upgrade flood mitigation works or coastal
management works in response to projected or actual
impacts of climate change, and
(f4) the failure to undertake action to enforce the removal of
illegal or unauthorised structures that results in erosion of
a beach or land adjacent to a beach, and
(f5) the provision of information relating to climate change or
sea level rise, and
(f6) anything done or omitted to be done regarding the
negligent placement or maintenance by a landowner of
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Coastal Protection and Other Legislation Amendment Bill 2010
Schedule 2 Amendment of Local Government Act 1993 No 30
emergency coastal protection works authorised by a
certificate under Division 2 of Part 4C of the Coastal
Protection Act 1979, and
[7] Section 733 (8)
Omit the subsection. Insert instead:
(8) In this section:
coastal management works includes the placement and
maintenance of emergency coastal protection works.
coastal zone has the same meaning as in the Coastal Protection
Act 1979, and includes land previously in the coastal zone under
that Act and land that adjoins the tidal waters of the Hawkesbury
River, Sydney Harbour and Botany Bay, and their tributaries.
manual includes guidelines.
[8] Schedule 6 Regulations
Insert after item 7:
7A Coastal protection services
Examples. The minimum standards in carrying out such coastal
protection services
[9] Schedule 8 Savings, transitional and other provisions consequent on
the enactment of other Acts
Insert at the end of clause 1 (1):
Coastal Protection and Other Legislation Amendment Act 2010
[10] Dictionary
Insert in alphabetical order:
coastal hazard has the same meaning it has in the Coastal
Protection Act 1979.
coastal protection service means a service:
(a) to maintain and repair coastal protection works, or
(b) to manage the impacts of such works (such as changed or
increased beach erosion elsewhere),
but does not include a service that relates to emergency coastal
protection works.
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.
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Amendment of Local Government Act 1993 No 30 Schedule 2
emergency coastal protection works has the same meaning as in
the Coastal Protection Act 1979.
flooded, in relation to land, means inundated by waters derived
from the runoff of rainfall on land.
shoreline recession means the progressive landward movement
of the average long term position of the coastline.
Page 51
Coastal Protection and Other Legislation Amendment Bill 2010
Schedule 3 Amendment of other legislation
Schedule 3 Amendment of other legislation
3.1 Conveyancing (Sale of Land) Regulation 2010
[1] Clause 3 Definitions
Insert in alphabetical order in clause 3 (1):
section 603 certificate means a certificate issued under
section 603 (3) of the Local Government Act 1993.
[2] Schedule 3 Prescribed warranties
Insert at the end of item 1 (e) in Part 1 of the Schedule:
, and
(f) the land is not subject to an annual charge for the provision
of coastal protection services under the Local Government
Act 1993.
[3] Schedule 3, Part 1, item 2 (e)
Insert at the end of item 2 (d) (iv):
, and
(e) without limiting any other manner in which disclosure may
occur, the vendor may disclose that land is subject to an
annual charge for the provision of coastal protection
services under the Local Government Act 1993 by
attaching a section 603 certificate relating to the land to the
contract.
[4] Schedule 3, Part 2, item 3 (f)
Insert at the end of item 3 (e) in Part 2:
, and
(f) the land is not subject to an annual charge for the provision
of coastal protection services under the Local Government
Act 1993.
[5] Schedule 3, Part 2, item 4 (e)
Insert at the end of item 4 (d) (iv):
, and
(e) without limiting any other manner in which disclosure may
occur, the vendor may disclose that land is subject to an
annual charge for the provision of coastal protection
services under the Local Government Act 1993 by
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Coastal Protection and Other Legislation Amendment Bill 2010
Amendment of other legislation Schedule 3
attaching a section 603 certificate relating to the land to
the option.
[6] Schedule 3, Part 3, item 22
Insert after item 21:
22 Any order under Part 4D of the Coastal Protection Act 1979 in
relation to emergency coastal protection works (within the
meaning of that Act) on the land (or on public land adjacent to
that land), except where the council is satisfied that such an order
has been fully complied with.
3.2 Environmental Planning and Assessment Act 1979 No 203
Section 79C Evaluation
Insert at the end of section 79C (1) (iv):
and
(v) any coastal zone management plan (within the meaning of
the Coastal Protection Act 1979),
3.3 Environmental Planning and Assessment Regulation 2000
[1] Clause 3 Definitions
Insert in alphabetical order in clause 3 (1):
coastal council means a council whose area, or part of whose
area, is included within the coastal zone (within the meaning of
the Coastal Protection Act 1979) or whose area includes land that
adjoins the tidal waters of the Hawkesbury River, Sydney
Harbour and Botany Bay, and their tributaries.
[2] Clause 228 What factors must be taken into account concerning the
impact of an activity on the environment?
Insert after clause 228 (2) (o):
(p) any impact on coastal processes and coastal hazards,
including those under projected climate change conditions.
[3] Schedule 4 Planning certificates
Insert after clause 4:
4A Certain information relating to beaches and coasts
(1) In relation to a coastal council--whether an order has been made
under Part 4D of the Coastal Protection Act 1979 in relation to
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Coastal Protection and Other Legislation Amendment Bill 2010
Schedule 3 Amendment of other legislation
emergency coastal protection works (within the meaning of that
Act) on the land (or on public land adjacent to that land), except
where the council is satisfied that such an order has been fully
complied with.
(2) In relation to a coastal council:
(a) whether the council has been notified under section 55X of
the Coastal Protection Act 1979 that emergency coastal
protection works (within the meaning of that Act) have
been placed on the land (or on public land adjacent to that
land), and
(b) if works have been so placed--whether the council is
satisfied that the works have been removed and the land
restored in accordance with that Act.
(3) In relation to a coastal council--such information (if any) as is
required by the regulations under section 56B of the Coastal
Protection Act 1979 to be included in the planning certificate and
of which the council has been notified pursuant to those
regulations.
4B Annual charges under Local Government Act 1993 for coastal
protection services that relate to existing coastal protection works
In relation to a coastal council--whether the owner (or any
previous owner) of the land has consented in writing to the land
being subject to annual charges under section 496B of the Local
Government Act 1993 for coastal protection services that relate to
existing coastal protection works (within the meaning of section
553B of that Act).
Note. "Existing coastal protection works" are works to reduce the impact
of coastal hazards on land (such as seawalls, revetments, groynes and
beach nourishment) that existed before the commencement of section
553B of the Local Government Act 1993.
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Coastal Protection and Other Legislation Amendment Bill 2010
Amendment of other legislation Schedule 3
3.4 Local Government (General) Regulation 2005
[1] Clause 201 Annual statement of council's revenue policy
Insert after clause 201 (3) (d):
(e) in relation to an annual charge for the provision by the
council of coastal protection services (if any)--a map or
list (or both) of the parcels of rateable land that are to be
subject to the charge.
[2] Clause 217 Additional information for inclusion in annual report
Omit clause 217 (1) (e). Insert instead:
(e) if the council has levied an annual charge for stormwater
management services--a statement detailing the
stormwater management services provided by the council
during that year,
(e1) if the council has levied an annual charge for coastal
protection services--a statement detailing the coastal
protection services provided by the council during that
year,
[3] Part 13, Division 13
Insert in appropriate order in Part 13:
Division 13 Standards of coastal protection services
413C Standards of coastal protection services
(1) A coastal protection service carried out by a council to maintain
coastal protection works must maintain the structural integrity of
the works to a reasonable engineering standard.
(2) A coastal protection service carried out by a council to manage
the impacts of coastal protection works must ensure that the
works do not result in any significant change in the long term
position of the coastline.
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