New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
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 39
Schedule 3 Amendment of other legislation 45
b2009-142-42.d47
New South Wales
Coastal Protection and Other
egislation Amendment Bill 2010
No , 2010
A Bill for
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.
Clause 1 Coastal Protection and Other Legislation Amendment Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Coastal Protection and Other Legislation Amendment 3
Act 2010. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
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 1
1979 No 13 2
[1] Section 3 Objects of this Act 3
Insert after section 3 (g): 4
(h) to encourage and promote plans and strategies for 5
adaptation in response to coastal climate change impacts, 6
including projected sea level rise, and 7
(i) to promote beach amenity. 8
[2] Section 4 Definitions 9
Insert in alphabetical order in section 4 (1): 10
authorised officer means a person who is appointed as an 11
authorised officer under section 7. 12
beach means the area of unconsolidated or other readily erodable 13
material between the highest level reached by wave action and 14
the place where tidal or lake waters reach a depth of 10 metres 15
below Australian Height Datum. 16
Coastal Authority--see section 6. 17
Coastal Panel means the NSW Coastal Panel established under 18
Part 2A. 19
coastal protection works means activities or works to reduce the 20
impact of coastline hazards on land adjacent to tidal waters and 21
includes seawalls, revetments, groynes and beach nourishment. 22
coastal zone management plan means a coastal zone 23
management plan made under Part 4A. 24
Department means the Department of Environment, Climate 25
Change and Water. 26
designated authority--see section 4C. 27
Director-General means the Director-General of the 28
Department. 29
emergency action subplan means that part of a coastal zone 30
management plan that deals with the matter referred to in section 31
55C (1) (b) (emergency action during periods of beach erosion). 32
emergency coastal protection works--see Division 1 of Part 4C. 33
emergency works authorised officer--see section 55T (5). 34
public land means: 35
(a) Crown land within the meaning of the Crown Lands 36
Act 1989 or land within a reserve as defined in Part 5 of 37
that Act, or 38
Page 3
Coastal Protection and Other Legislation Amendment Bill 2010
Schedule 1 Amendment of Coastal Protection Act 1979 No 13
(b) land owned or under the care, management or control of a 1
council or a public authority, 2
but does not include any land reserved under the National Parks 3
and Wildlife Act 1974 or land acquired under Part 11 of that Act. 4
relevant local council, in relation to emergency coastal 5
protection works and coastal protection works, means: 6
(a) if the works are within the area of a council--that council, 7
or 8
(b) if the works are not within the area of any council--the 9
council whose area is nearest to the works. 10
Note. Certain beaches in NSW are Crown land and not within the 11
boundaries of any local council area. 12
residential building means a building (such as a dwelling-house 13
or residential flat building) that is solely or principally used for 14
residential purposes. 15
road work has the same meaning as in the Roads Act 1993. 16
[3] Section 4B Inspection of maps outlining coastal zone 17
Omit "Infrastructure, Planning and Natural Resources" wherever occurring in 18
section 4B (1) and (2). 19
Insert instead "Planning". 20
[4] Section 4C 21
Insert after section 4B: 22
4C Designated authorities for land 23
The following Coastal Authorities are designated authorities for 24
land for the purposes of this Act: 25
(a) in relation to all land--the Minister, 26
(b) in relation to land within a local government area, or that 27
is a beach adjacent to a local government area, of a council 28
that is a Coastal Authority--the council, 29
(c) in relation to Crown land within the meaning of the Crown 30
Lands Act 1989 or land within a reserve as defined in 31
Part 5 of that Act--the Minister administering that Act, 32
(d) in relation to public land not referred to in paragraph (c)-- 33
the public authority that is the owner of, or has the care, 34
control or management of, the land. 35
Page 4
Coastal Protection and Other Legislation Amendment Bill 2010
Amendment of Coastal Protection Act 1979 No 13 Schedule 1
[5] Parts 2 and 2A 1
Insert after Part 1: 2
Part 2 Administration 3
Division 1 Coastal Authorities and their authorised 4
officers 5
6 Coastal Authorities 6
(1) For the purposes of this Act, each of the following is a Coastal 7
Authority: 8
(a) the Minister, 9
(b) the Minister administering the Crown Lands Act 1989, 10
(c) a council whose area, or part of whose area, is included 11
within the coastal zone or whose area includes land that 12
adjoins the tidal waters of the Hawkesbury River, Sydney 13
Harbour and Botany Bay, and their tributaries, 14
(d) a roads authority (within the meaning of the Roads 15
Act 1993) for a road within the coastal zone or on land that 16
adjoins the tidal waters of the Hawkesbury River, Sydney 17
Harbour and Botany Bay, and their tributaries, 18
(e) a public authority that is the owner of, or has the care, 19
control or management of, land within the coastal zone or 20
land that adjoins the tidal waters of the Hawkesbury River, 21
Sydney Harbour and Botany Bay, and their tributaries 22
(other than a State owned corporation or a reserve trust 23
within the meaning of Part 5 of the Crown Lands 24
Act 1989). 25
(2) A Coastal Authority: 26
(a) may exercise the functions of an authorised officer, and 27
(b) when exercising those functions, has all the immunities of 28
an authorised officer. 29
7 Appointment of authorised officers 30
(1) A Coastal Authority may appoint a person to be an authorised 31
officer. 32
(2) A Coastal Authority must not appoint a person to be an 33
authorised officer under this section unless the person has 34
undergone such training or has such competency as is required by 35
the Minister. 36
Page 5
Coastal Protection and Other Legislation Amendment Bill 2010
Schedule 1 Amendment of Coastal Protection Act 1979 No 13
(3) In appointing authorised officers, a Coastal Authority may 1
specify that the appointment is subject to conditions or 2
restrictions relating to: 3
(a) the functions that are exercisable by those officers, or 4
(b) when, where and in what circumstances those officers may 5
exercise functions. 6
8 Identification cards 7
(1) A Coastal Authority is to issue an identification card that 8
complies with this section to each authorised officer. 9
(2) The identification card must: 10
(a) state that it is issued under this Act, and 11
(b) give the name of the person to whom it is issued, and 12
(c) state the date (if any) on which it expires, and 13
(d) describe the kinds of premises to which the powers of the 14
authorised officer extend, and 15
(e) state any limitations on the functions that the authorised 16
officer is authorised to exercise under this Act that are 17
imposed by the authorised officer's instrument of 18
appointment. 19
(3) Each authorised officer who is not a police officer must: 20
(a) carry his or her identification card as an authorised officer 21
while exercising functions under this Act, and 22
(b) if requested to do so by any person affected by the exercise 23
of a function by an authorised officer under this Act, 24
produce the officer's identification card to the person. 25
Note. See section 201 of the Law Enforcement (Powers and 26
Responsibilities) Act 2002 in relation to a police officer's obligation to 27
produce evidence that the police officer is a police officer (unless the 28
police officer is in uniform). 29
(4) A person who has been issued with an identification card and 30
who stops being an authorised officer must return his or her 31
identification card to the appropriate Coastal Authority as soon as 32
practicable. 33
(5) A person must not contravene subsection (4) without reasonable 34
excuse. 35
Maximum penalty: 10 penalty units. 36
Page 6
Coastal Protection and Other Legislation Amendment Bill 2010
Amendment of Coastal Protection Act 1979 No 13 Schedule 1
9 Delegation 1
A Coastal Authority may delegate the exercise of any function of 2
the Coastal Authority under this Act (other than this power of 3
delegation) to: 4
(a) an authorised officer, or 5
(b) any person, or any class of persons, authorised for the 6
purposes of this section by the regulations. 7
Division 2 Powers of authorised officers 8
10 General powers of authorised officers: application of Chapter 7 of 9
Protection of the Environment Operations Act 1997 10
(1) An authorised officer has and may exercise the functions of an 11
authorised officer under Chapter 7 and section 319A of the 12
Protection of the Environment Operations Act 1997 (the POEO 13
Act) for the following purposes: 14
(a) for determining whether there has been compliance with or 15
a contravention of this Act and the regulations, 16
(b) for obtaining information or records for purposes 17
connected with the administration of this Act and the 18
regulations, 19
(c) generally for administering this Act and the regulations. 20
(2) The provisions of Chapter 7 (other than Part 7.2) and 21
section 319A of the POEO Act apply to and in respect of this Act 22
as if those provisions were part of this Act, subject to the 23
following modifications: 24
(a) references in those provisions to an authorised officer are 25
to be read as references to an authorised officer appointed 26
by a Coastal Authority under this Act, 27
(b) references in those provisions to "this Act" are to be read 28
as references to this Act, 29
(c) references in those provisions to "the EPA" are to be read 30
as references to a Coastal Authority, 31
(d) a Coastal Authority is taken to be the appropriate 32
regulatory authority for matters concerning this Act. 33
(3) For the avoidance of doubt, a prosecution of a person for an 34
offence against a provision of Chapter 7 (other than Part 7.2) of 35
the POEO Act (as applying under this section) is to be taken as if 36
the offence were an offence against this Act. 37
Page 7
Coastal Protection and Other Legislation Amendment Bill 2010
Schedule 1 Amendment of Coastal Protection Act 1979 No 13
(4) The functions that an authorised officer has under Chapter 7 of 1
the POEO Act are, for the purposes of any provision of this Act, 2
taken to be functions under this Act. 3
(5) If an authorised officer has functions in respect of a matter under 4
both Chapter 7 of the POEO Act (as applying under this section) 5
and under any other provision of this Act, the fact that there is a 6
restriction on the exercise of a function under this Act does not of 7
itself operate to restrict the exercise by an authorised officer of 8
any similar or the same function under Chapter 7 of the 9
POEO Act. 10
11 Offence relating to authorised officers and exercise of functions 11
under Act 12
(1) A person who, without lawful excuse, neglects or fails to comply 13
with a requirement made of the person under this Act is guilty of 14
an offence. 15
(2) A person who furnishes any information or does any other thing 16
in purported compliance with a requirement made under this Act, 17
knowing that it is false or misleading in a material respect is 18
guilty of an offence. 19
(3) A person who wilfully delays, threatens, intimidates or obstructs 20
an authorised officer in the exercise of the authorised officer's 21
powers under this Act is guilty of an offence. 22
(4) A person who interferes with, damages or destroys or does any 23
act which may tend to interfere with, damage or destroy any 24
vehicle, vessel, asset or equipment which is used in relation to the 25
exercise of a function by an authorised officer under this Act is 26
guilty of an offence. 27
(5) A person who impersonates an authorised officer is guilty of an 28
offence. 29
Maximum penalty: 30
(a) in the case of a corporation--500 penalty units and, in the 31
case of a continuing offence, a further penalty of 32
50 penalty units for each day the offence continues, or 33
(b) in the case of an individual--100 penalty units and, in the 34
case of a continuing offence, a further penalty of 35
10 penalty units for each day the offence continues. 36
Page 8
Coastal Protection and Other Legislation Amendment Bill 2010
Amendment of Coastal Protection Act 1979 No 13 Schedule 1
Part 2A NSW Coastal Panel 1
12 Constitution of NSW Coastal Panel 2
(1) There is to be a NSW Coastal Panel. 3
(2) The Coastal Panel is to consist of 7 members appointed by the 4
Minister of whom: 5
(a) one is to be a person nominated by the Director-General, 6
and 7
(b) one is to be a person nominated by the Director-General of 8
the Department of Planning, and 9
(c) three are to be nominated by the Local Government and 10
Shires Associations, and 11
(d) one is to be a person nominated by the Chief Executive of 12
the Land and Property Management Authority, and 13
(e) one is to be appointed by the Minister with the concurrence 14
of the Local Government and Shires Associations. 15
(3) The person appointed under subsection (2) (e) is to be the 16
Chairperson of the Coastal Panel. The person appointed under 17
subsection (2) (a) is to be the Deputy Chairperson of the Coastal 18
Panel. 19
(4) A person appointed under subsection (2) (a)(d) must have 20
qualifications and experience in coastal planning, coastal 21
engineering, coastal geomorphology or coastal environmental 22
management. 23
(5) The Coastal Panel is a NSW Government agency. 24
Note. By virtue of section 13A of the Interpretation Act 1987, a NSW 25
Government agency has the status, privileges and immunities of the 26
Crown. 27
(6) In appointing a member, the Minister is to have regard to the need 28
to have a range of expertise represented among the Coastal 29
Panel's members. 30
(7) For the avoidance of doubt, the Coastal Panel is a public authority 31
for the purposes of the Environmental Planning and Assessment 32
Act 1979. 33
(8) Schedule 2 contains provisions relating to the constitution and 34
procedure of the Coastal Panel. 35
Page 9
Coastal Protection and Other Legislation Amendment Bill 2010
Schedule 1 Amendment of Coastal Protection Act 1979 No 13
13 Functions of Coastal Panel 1
(1) The Coastal Panel has the following functions: 2
(a) to provide advice to the Minister on any matter referred to 3
the Coastal Panel by the Minister relating to the coastal 4
zone or otherwise in connection with the operation of this 5
Act, 6
(b) such functions conferred or imposed on it by or under the 7
Environmental Planning and Assessment Act 1979 relating 8
to the granting of development consent, 9
(c) any other function conferred or imposed on it by or under 10
this Act, the Environmental Planning and Assessment 11
Act 1979 or any other Act. 12
(2) The Coastal Panel may delegate the exercise of any function of 13
the Coastal Panel under this or any other Act (other than this 14
power of delegation) to: 15
(a) any member of staff of the Department, or 16
(b) any person, or any class of persons, authorised for the 17
purposes of this section by the regulations. 18
(3) Despite subsection (2), the Coastal Panel may only delegate a 19
function conferred or imposed on it by or under the 20
Environmental Planning and Assessment Act 1979 relating to the 21
granting of development consent with the concurrence of the 22
Minister administering that Act. 23
[6] Section 38 General supervision of coastal zone 24
Insert after section 38 (2): 25
(3) If: 26
(a) a public authority (the developer authority) is required to 27
obtain the concurrence of the Minister to carry out any 28
development in the coastal zone under subsection (1) (a), 29
and 30
(b) the developer authority is required under any law to obtain 31
a grant of a right or consent from another public authority 32
(the approval authority) to carry out that development, 33
and 34
Page 10
Coastal Protection and Other Legislation Amendment Bill 2010
Amendment of Coastal Protection Act 1979 No 13 Schedule 1
(c) the approval authority is required to obtain the concurrence 1
of the Minister to the grant of the right or consent under 2
subsection (1) (b), 3
concurrence by the Minister to the carrying out of the 4
development by the developer authority is taken to also be 5
concurrence to the grant of the right or consent by the approval 6
authority. 7
(4) This section does not apply to the use or occupation of any part 8
of the coastal zone, or the carrying out of any development in the 9
coastal zone, for the placement or maintenance of emergency 10
coastal protection works. 11
[7] Section 39 Special provisions respecting coastal development 12
Insert after section 39 (4): 13
(5) If: 14
(a) a public authority (the developer authority) is required to 15
obtain the concurrence of the Minister to carry out any 16
development in the coastal zone under subsection (1) (a), 17
and 18
(b) the developer authority is required under any law to obtain 19
a grant of a right or consent from another public authority 20
(the approval authority) to carry out that development, 21
and 22
(c) the approval authority is required to obtain the concurrence 23
of the Minister to the grant of the right or consent under 24
subsection (1) (b), 25
concurrence by the Minister to the carrying out of the 26
development by the developer authority is taken to also be 27
concurrence to the grant of the right or consent by the approval 28
authority. 29
(6) Subsection (1) does not apply to the carrying out of any 30
development in the coastal zone for the placement or 31
maintenance of temporary coastal protection works. 32
[8] Sections 4850 33
Omit the sections. 34
[9] Section 53 Regulations 35
Omit the section. 36
Page 11
Coastal Protection and Other Legislation Amendment Bill 2010
Schedule 1 Amendment of Coastal Protection Act 1979 No 13
[10] Section 55 Carrying out of certain works 1
Insert after section 55 (6): 2
(7) Nothing in this section authorises the Minister or the Governor to 3
direct a specified person to carry out specified work. 4
[11] Section 55A Definition of "beach" 5
Omit the section. 6
[12] Section 55B Requirement for coastal zone management plans 7
Insert after section 55B (4): 8
(5) For the avoidance of doubt, the Minister may give a direction 9
under subsection (1) in relation to part of an area included within 10
the coastal zone. 11
(6) In this section, coastal zone includes land that adjoins the tidal 12
waters of the Hawkesbury River, Sydney Harbour and Botany 13
Bay, and their tributaries. 14
[13] Section 55C Matters to be dealt with in coastal zone management plans 15
Omit "of the kind that may be carried out under the State Emergency and 16
Rescue Management Act 1989, or otherwise," from section 55C (b). 17
Insert instead "carried out". 18
[14] Section 55C 19
Insert at the end of section 55C (c): 20
, and 21
(d) where the plan relates to a part of the coastline, the 22
management of risks arising from coastal hazards, and 23
(e) where the plan relates to an estuary, the management of 24
estuary health, and 25
(f) the impacts from climate change on risks arising from 26
coastal hazards and on estuary health, as appropriate, and 27
(g) where the plan proposes the construction of coastal 28
protection works (other than emergency coastal protection 29
works) that are to be funded by the council or a private 30
landowner or both, the proposed arrangements for the 31
adequate maintenance of the works and for managing 32
associated impacts of such works (such as changed or 33
increased beach erosion elsewhere or a restriction of public 34
access to beaches or headlands). 35
Page 12
Coastal Protection and Other Legislation Amendment Bill 2010
Amendment of Coastal Protection Act 1979 No 13 Schedule 1
(2) A coastal zone management plan must not include the following: 1
(a) matters dealt with in any plan made under the State 2
Emergency and Rescue Management Act 1989 in relation 3
to the response to emergencies, 4
(b) proposed actions or activities to be carried out by any 5
public authority or relating to any land or other assets 6
owned or managed by a public authority, unless the public 7
authority has agreed to the inclusion of those proposed 8
actions or activities in the plan. 9
(3) Despite subsection (1), the Minister may give a direction under 10
section 55B that a council make a coastal zone management plan 11
that makes provision for only one or more of the matters referred 12
to in that subsection as specified in the direction. 13
[15] Section 55D Guidelines for preparation of draft coastal zone 14
management plans 15
Insert after section 55D (2): 16
(3) The Minister is to ensure that notification of any guidelines is 17
published in the Gazette. 18
(4) A copy of the Minister's guidelines must be available for public 19
inspection on the Internet website of the Department. 20
[16] Section 55G Certification by Minister 21
Omit "for approval" from section 55G (1). 22
Insert instead "for certification under this section". 23
[17] Section 55G (2)(4) 24
Omit section 55G (2). Insert instead: 25
(2) The Minister may certify, or refuse to certify, that a draft coastal 26
zone management plan submitted to the Minister has been 27
prepared in accordance with the requirements of this Act. 28
(3) Before certifying the draft coastal zone management plan 29
submitted to the Minister under subsection (1), the Minister may 30
refer the plan to the Coastal Panel for advice. 31
(4) Before submitting the draft coastal zone management plan to the 32
Minister under subsection (1), the council must consult with 33
other public authorities in the manner specified in the Minister's 34
guidelines. 35
Page 13
Coastal Protection and Other Legislation Amendment Bill 2010
Schedule 1 Amendment of Coastal Protection Act 1979 No 13
[18] Section 55H Gazettal and commencement of coastal zone management 1
plans 2
Omit "approves a draft coastal zone management plan" from section 55H (1). 3
Insert instead "certifies that a draft coastal zone management plan has been 4
prepared in accordance with the requirements of this Act". 5
[19] Section 55I Amendment and repeal of coastal zone management plans 6
Insert "(in whole or in part)" after "amended" in section 55I (1). 7
[20] Section 55J Availability of coastal zone management plans 8
Insert at the end of the section: 9
(2) A copy of a coastal zone management plan must be available for 10
public inspection on the Internet website of the council within 11
7 days of its publication in the Gazette. 12
[21] Section 55K Breach of coastal zone management plan: offence 13
Insert at the end of the section: 14
(2) This section does not apply to the carrying out of work that is 15
development for which consent has been granted, exempt 16
development or development that does not need consent under 17
the Environmental Planning and Assessment Act 1979 or an 18
approved project within the meaning of Part 3A of that Act. 19
[22] Section 55L Breach of coastal zone management plan: restraint 20
Insert after section 55L (4): 21
(5) This section does not apply to a breach of a coastal zone 22
management plan that is an act or omission that is development 23
for which consent has been granted, exempt development or 24
development that does not need consent under the Environmental 25
Planning and Assessment Act 1979 or an approved project within 26
the meaning of Part 3A of that Act. 27
(6) Despite subsection (1), a council may not bring proceedings 28
under this section to remedy or restrain a breach of a coastal zone 29
management plan by the State or a NSW Government agency. 30
[23] Section 55M Breach of coastal zone management plan: order 31
Omit the section. 32
Page 14
Coastal Protection and Other Legislation Amendment Bill 2010
Amendment of Coastal Protection Act 1979 No 13 Schedule 1
[24] Part 4B, heading 1
Omit the heading to Part 4B. Insert instead: 2
Part 4B Erosion and accretion 3
[25] Section 55M 4
Insert before section 55N: 5
55M Granting of development consent relating to coastal protection 6
works 7
(1) Consent must not be granted under the Environmental Planning 8
and Assessment Act 1979 to development for the purpose of 9
coastal protection works unless the consent authority is satisfied 10
(by conditions imposed on the consent or otherwise) that 11
satisfactory arrangements have been made for the following for 12
the life of the works: 13
(a) the restoration of a beach, or land adjacent to the beach not 14
protected by the works, if any increased erosion of the 15
beach or adjacent land is caused by the presence of the 16
works, 17
(b) the maintenance of the works. 18
(2) Where the coastal protection works are constructed by or on 19
behalf of landowners or by landowners jointly with a council or 20
public authority, the arrangements are to secure adequate funding 21
for the carrying out of any such restoration and maintenance, 22
including by either or both of the following: 23
(a) by legally binding obligations of all or any of the owners 24
from time to time of the land protected by the works, 25
(b) by payment to the relevant council of an annual charge for 26
coastal protection services (within the meaning of the 27
Local Government Act 1993). 28
(3) The funding obligations of landowners referred to in 29
subsection (2) (a) are to include the percentage share of the total 30
funding of each landowner. 31
Page 15
Coastal Protection and Other Legislation Amendment Bill 2010
Schedule 1 Amendment of Coastal Protection Act 1979 No 13
[26] Parts 4C and 4D 1
Insert after Part 4B: 2
Part 4C Emergency coastal protection works 3
Note. This Part does not limit the operation of any other law in relation to the placement 4
of works on a beach or sand dune. 5
For example, clause 129 of State Environmental Planning Policy (Infrastructure) 2007 6
provides that development for the purpose of flood, storm or coastal erosion 7
emergency works may be carried out by or on behalf of a public authority without 8
development consent. Those emergency works may include the placement of rocks or 9
other material on a beach or sand dune. 10
Division 1 Preliminary 11
55O Regulatory approvals not required for authorised emergency 12
coastal protection works 13
A person does not require regulatory approval for emergency 14
coastal protection works if the works are authorised by a 15
certificate under Division 2. 16
Note. This means that planning and associated approvals are not 17
required for the placement and maintenance of authorised emergency 18
coastal protection works--see section 55W. 19
55P Meaning of "emergency coastal protection works" 20
(1) General meaning 21
In this Act, emergency coastal protection works means works 22
comprising the placement of the following material, in 23
compliance with the requirements of this section, on a beach, or 24
a sand dune adjacent to a beach, to mitigate the effects of wave 25
erosion on land: 26
(a) sand, or fabric bags filled with sand, (other than sand taken 27
from a beach or a sand dune adjacent to a beach), 28
(b) other objects or material prescribed by the regulations 29
(other than rocks, concrete, construction waste or other 30
debris). 31
(2) Requirements relating to emergency coastal protection works 32
The requirements for the placement of material as emergency 33
coastal protection works are as follows: 34
(a) the material must be placed in accordance with a certificate 35
under Division 2 that authorises the works, 36
(b) the material must be placed as an emergency action during 37
a period of beach erosion (where the beach erosion occurs 38
Page 16
Coastal Protection and Other Legislation Amendment Bill 2010
Amendment of Coastal Protection Act 1979 No 13 Schedule 1
through storm activity or an extreme or irregular event) or 1
when such beach erosion is imminent or it is reasonably 2
likely that such beach erosion is imminent, 3
(c) the material must be placed by or on behalf of a landowner 4
or occupier to protect the following from damage due to 5
the erosion: 6
(i) a lawfully erected building, 7
(ii) land on which a building could be lawfully erected 8
that is zoned residential under an environmental 9
planning instrument and is adjacent to land on 10
which a lawfully erected building is located, 11
(d) the material must be placed by or on behalf of the 12
landowner or occupier in accordance with any emergency 13
action subplan that applies to the land concerned, 14
(e) the material must be placed by or on behalf of the 15
landowner or occupier in accordance with any 16
requirements adopted by the Minister and published in the 17
Gazette for the purposes of this section, 18
(f) the material must be placed by or on behalf of the 19
landowner or occupier in accordance with any 20
requirements specified in the regulations for the purposes 21
of this section. 22
(3) A requirement in an emergency action subplan or a requirement 23
otherwise adopted or specified under subsection (2) may: 24
(a) apply generally or be limited in its application by reference 25
to specified factors or exceptions, and 26
(b) apply differently according to different factors of a 27
specified kind. 28
(4) For the avoidance of doubt, a requirement in an emergency action 29
subplan or a requirement otherwise adopted or specified under 30
subsection (2) may specify locations where emergency coastal 31
protection works may be placed and must not be placed. 32
55Q Maximum period allowed for emergency coastal protection works 33
(1) The maximum period allowed for emergency coastal protection 34
works is 6 months (or such period as may be prescribed by the 35
regulations) commencing on the placement of the works. 36
(2) Despite subsection (1), if at the expiry of the 6-month period (or 37
other prescribed period) referred to in that subsection, a 38
development application is pending under the Environmental 39
Planning and Assessment Act 1979 for consent to development 40
Page 17
Coastal Protection and Other Legislation Amendment Bill 2010
Schedule 1 Amendment of Coastal Protection Act 1979 No 13
for the purposes of coastal protection works on the same land, the 1
maximum period allowed for the works ends: 2
(a) where, on the final determination of that development 3
application (including any appeals relating to that 4
application), the application is refused--7 days after that 5
final determination, or 6
(b) where, on the final determination of that development 7
application (including any appeals relating to that 8
application), the application is granted--3 months after 9
that final determination. 10
(3) Works cease to be emergency coastal protection works for the 11
purposes of this Act if the works remain in place for longer than 12
the maximum period allowed for emergency coastal protection 13
works under this section. 14
55R Maintenance requirements for emergency coastal protection 15
works 16
(1) Emergency coastal protection works must be maintained by or on 17
behalf of the landowner or occupier in accordance with the 18
following requirements: 19
(a) any requirements of the certificate under Division 2 that 20
authorises the works, 21
(b) any requirements of an emergency action subplan that 22
applies to the land concerned, 23
(c) any requirements adopted by the Minister and published in 24
the Gazette for the purposes of this section, 25
(d) any requirements specified in the regulations for the 26
purposes of this section. 27
(2) Works cease to be emergency coastal protection works if they are 28
not maintained as required by this section. 29
(3) A requirement in an emergency action subplan or a requirement 30
otherwise adopted or specified under subsection (1) may: 31
(a) apply generally or be limited in its application by reference 32
to specified factors or exceptions, and 33
(b) apply differently according to different factors of a 34
specified kind. 35
Page 18
Coastal Protection and Other Legislation Amendment Bill 2010
Amendment of Coastal Protection Act 1979 No 13 Schedule 1
55S Emergency coastal protection works may be placed only once by 1
a landowner 2
(1) Works are not emergency coastal protection works for the 3
purposes of this Act if the works are placed on land (whether 4
public or private) by or on behalf of a landowner or occupier who 5
at any time has previously placed other emergency coastal 6
protection works on that land. 7
(2) Nothing in subsection (1) prevents the repair of emergency 8
coastal protection works (including the replacement of 9
components of the works) during the period allowed for the 10
works. 11
Division 2 Certificate for emergency coastal protection 12
works 13
55T Applications for and issue of certificate relating to emergency 14
coastal protection works 15
(1) An owner or occupier of land may apply to the relevant local 16
council or to the Director-General for a certificate authorising the 17
placement of emergency coastal protection works on the land. 18
(2) The function of issuing a certificate must be delegated to an 19
emergency works authorised officer. 20
(3) A certificate under this Division may be issued unconditionally 21
or subject to conditions. 22
(4) An application for a certificate is to be accompanied by the fee 23
determined by the Minister. 24
(5) In this section, emergency works authorised officer means an 25
authorised officer appointed by a council or the Director-General 26
who has been authorised in writing by the council or the 27
Director-General, as appropriate, for the purposes of issuing 28
certificates under this Division. 29
55U Duration of certificates 30
A certificate under this Division does not authorise the placement 31
of emergency coastal protection works more than 2 years after it 32
was issued. 33
Page 19
Coastal Protection and Other Legislation Amendment Bill 2010
Schedule 1 Amendment of Coastal Protection Act 1979 No 13
55V Notification of other issuing authority 1
As soon as practicable after the issue of a certificate under this 2
Division, the emergency works authorised officer who issued the 3
certificate must cause a copy of the certificate to be sent to: 4
(a) the relevant council--if the officer was appointed by the 5
Director-General, or 6
(b) the Director-General--if the officer was appointed by a 7
council. 8
Division 3 General 9
55W Placing and maintaining emergency coastal protection works not 10
restricted by certain legislation 11
If a person does not require regulatory approval for emergency 12
coastal protection works (as provided by section 55O), the 13
following provisions apply to the works: 14
(a) placing and maintaining the works is not development for 15
the purposes of the Environmental Planning and 16
Assessment Act 1979 and is not an activity for the purposes 17
of Part 5 of that Act, 18
(b) Division 3 of Part 7 of the Fisheries Management Act 1994 19
does not apply to reclamation work that is carried out for 20
the purpose of the works, 21
(c) the placement or maintenance of the works does not, 22
despite any regulation under the Marine Parks Act 1997, 23
require the consent of the relevant Ministers within the 24
meaning of that Act, 25
(d) the works may be placed and maintained on community 26
land (within the meaning of the Local Government 27
Act 1993) despite the provisions of any plan of 28
management under that Act applying to that land, 29
(e) section 138 (Works and structures) of the Roads Act 1993 30
does not apply in relation to emergency coastal protection 31
works placed by a person on a public road, but only if: 32
(i) there are no road works on the public road, and 33
(ii) the public road is not used by vehicular traffic, and 34
(iii) the person took all practical measures to avoid 35
placing those emergency coastal protection works 36
on the public road. 37
Page 20
Coastal Protection and Other Legislation Amendment Bill 2010
Amendment of Coastal Protection Act 1979 No 13 Schedule 1
55X Notice to council and others of placement of emergency coastal 1
protection works 2
(1) A landowner or occupier of land must, at or about the time the 3
emergency coastal protection works are to be placed on land, 4
notify the following of the placing of the works: 5
(a) the relevant local council, 6
(b) if the works are or are about to be placed on public land in 7
reliance on section 55Z--the public authority that is the 8
owner of, or has the care, control or management of, the 9
land. 10
Note. After placement of emergency coastal protection works Coastal 11
Authorities may exercise powers under Part 4D to make orders relating 12
to such works. Those orders include, where justified, orders to remove, 13
alter or repair the works concerned. 14
(2) The notification under subsection (1) is to be made: 15
(a) in the manner and to the person or persons specified in the 16
certificate issued under Division 2 for the works, or 17
(b) if no such manner or person is specified--to the person or 18
persons identified in accordance with the requirements 19
adopted by the Minister and published in the Gazette for 20
the purposes of section 55P. 21
Maximum penalty: 22
(a) in the case of a corporation--100 penalty units, or 23
(b) in any other case--50 penalty units. 24
(3) For the purposes of subsection (1) (b), public land that is Crown 25
land within the meaning of the Crown Lands Act 1989 or land 26
within a reserve as defined in Part 5 of that Act is taken to be 27
owned by, or under the care, control or management of, the 28
Minister administering that Act. 29
55Y Removal of emergency coastal protection works 30
(1) A person who has placed emergency coastal protection works (or 31
caused such works to be placed) on land must, before the expiry 32
of the maximum period allowed for emergency coastal protection 33
works, remove the works and restore the land in accordance with: 34
(a) any requirements adopted by the Minister and published in 35
the Gazette for the purposes of this subsection, and 36
Page 21
Coastal Protection and Other Legislation Amendment Bill 2010
Schedule 1 Amendment of Coastal Protection Act 1979 No 13
(b) any requirements specified in the regulations for the 1
purposes of this subsection. 2
Maximum penalty: 3
(a) in the case of a corporation--4,500 penalty units and 4
400 penalty units for each day the offence continues, or 5
(b) in any other case--2,250 penalty units and 200 penalty 6
units for each day the offence continues. 7
(2) A person may not be found guilty both of an offence under 8
subsection (1) and an offence for a failure to comply with an 9
order under Part 4D in relation to the same failure to remove 10
works or restore land. 11
(3) If a person does not comply with subsection (1) (whether that 12
person has been convicted of an offence in respect of the 13
subsection or not), the Coastal Authority concerned may remove 14
the works and restore the land. Any costs reasonably incurred by 15
the Coastal Authority under this subsection may be recovered in 16
a court of competent jurisdiction from the person as a debt due to 17
the Coastal Authority. 18
(4) This section does not apply to material deposited on a beach, or a 19
structure erected, as part of development for which consent has 20
been granted or that is exempt development or development that 21
does not need consent under the Environmental Planning and 22
Assessment Act 1979 or is an approved project within the 23
meaning of Part 3A of that Act. 24
(5) The removal of works and the restoration of land under 25
subsection (3) is not an activity for the purposes of Part 5 of the 26
Environmental Planning and Assessment Act 1979. 27
55Z Use and occupation of public land for emergency coastal 28
protection works 29
(1) A certificate under Division 2 that authorises a person to place 30
and maintain emergency coastal protection works on land owned 31
or occupied by the person extends to authorising the person to use 32
and occupy public land for the placing and maintaining of the 33
works (without obtaining a lease, licence or permit in respect of, 34
or an easement or right-of-way in relation to, the land), but only 35
if the person takes all practical measures: 36
(a) to avoid placing those works on the public land, and 37
(b) to avoid damage to assets and vegetation on the public 38
land, and 39
Page 22
Coastal Protection and Other Legislation Amendment Bill 2010
Amendment of Coastal Protection Act 1979 No 13 Schedule 1
(c) to minimise risks to the public on the public land, and 1
(d) to maintain reasonable public access (including access for 2
local and public authorities) to and through the beach 3
concerned. 4
(2) A public authority must not unreasonably refuse a person access 5
to the public authority's public land to enable the person to 6
lawfully place emergency coastal protection works on land 7
(whether public or private). 8
Part 4D Powers with respect to material and 9
structures on beaches 10
55ZA Order to remove certain materials and structures unlawfully 11
placed on beaches 12
(1) A Coastal Authority may, in respect of a beach on land for which 13
it is a designated authority, order a person to remove material 14
deposited by or on behalf of the person on the beach that, in the 15
opinion of the Coastal Authority: 16
(a) causes or is likely to cause increased erosion of a beach or 17
land adjacent to a beach, or 18
(b) unreasonably limits or is likely to unreasonably limit 19
public access to a beach or headland, or 20
(c) poses or is likely to pose a threat to public safety. 21
(2) A Coastal Authority may order a person who is the owner or 22
occupier of land that is on or has a frontage to a beach for which 23
it is a designated authority: 24
(a) to refrain from erecting a structure on the beach or on or 25
near the boundary of the land and the beach, or 26
(b) to remove a structure erected by or on behalf of the person 27
on the beach or on or near the boundary of the land and the 28
beach (not being a structure lawfully erected before the 29
commencement of this section), 30
if the structure, in the opinion of the Coastal Authority: 31
(c) causes or is likely to cause increased erosion of a beach or 32
land adjacent to a beach, or 33
(d) unreasonably limits or is likely to unreasonably limit 34
public access to a beach or headland, or 35
(e) poses or is likely to pose a threat to public safety. 36
Page 23
Coastal Protection and Other Legislation Amendment Bill 2010
Schedule 1 Amendment of Coastal Protection Act 1979 No 13
(3) An order under this section that requires a person to remove 1
material or a structure from land may, if the Coastal Authority 2
that made the order is of the opinion that the material or structure 3
has caused increased erosion of a beach, or land adjacent to a 4
beach, include a requirement that the person restore the eroded 5
beach or land concerned in accordance with: 6
(a) any requirements adopted by the Minister and published in 7
the Gazette for the purposes of this subsection, and 8
(b) any requirements specified in the regulations for the 9
purposes of this subsection. 10
(4) A person who carries out work in compliance with a requirement 11
of an order given under this section by a Coastal Authority is not 12
subject to Part 5 of the Environmental Planning and Assessment 13
Act 1979 in carrying out the work. 14
(5) Before giving an order under this section that relates to Crown 15
land within the meaning of the Crown Lands Act 1989 or land 16
within a reserve as defined in Part 5 of that Act, a Coastal 17
Authority must consult the Minister administering that Act. 18
(6) This section does not apply to material deposited on a beach, or a 19
structure erected, as part of development for which consent has 20
been granted or that is exempt development or development that 21
does not need consent under the Environmental Planning and 22
Assessment Act 1979 or is an approved project within the 23
meaning of Part 3A of that Act. 24
(7) This section does not apply in relation to emergency coastal 25
protection works. 26
(8) A council may not give an order under this section to a Minister 27
or another public authority. 28
55ZB Stop work orders relating to materials and structures unlawfully 29
being placed on beaches 30
(1) A Coastal Authority that is a designated authority for land may 31
order a person not to carry out an activity on a beach on the land 32
that the person is carrying out, or is about to carry out, if the 33
Coastal Authority is of the opinion that the activity: 34
(a) causes or is likely to cause increased erosion of a beach or 35
land adjacent to a beach, or 36
(b) unreasonably limits or is likely to unreasonably limit 37
public access to a beach or headland, or 38
(c) poses or is likely to pose a threat to public safety. 39
Page 24
Coastal Protection and Other Legislation Amendment Bill 2010
Amendment of Coastal Protection Act 1979 No 13 Schedule 1
(2) This section does not apply to an activity in the course of 1
development for which consent has been granted or that is 2
exempt development or development that does not need consent 3
under the Environmental Planning and Assessment Act 1979 or is 4
an approved project within the meaning of Part 3A of that Act. 5
(3) This section does not apply if the activity comprises the 6
placement or maintenance of emergency coastal protection 7
works. 8
(4) A council may not give an order under this section to a Minister 9
or another public authority. 10
55ZC Orders relating to emergency coastal protection works 11
(1) A Coastal Authority that is a designated authority for land on 12
which a person has placed (or caused to be placed) emergency 13
coastal protection works may order the person to remove, alter or 14
repair the works and restore the land if the Coastal Authority is of 15
the opinion that: 16
(a) the works are causing increased erosion of a beach or land 17
adjacent to a beach, or 18
(b) the works unreasonably limit public access to a beach or 19
headland, or 20
(c) the works pose a threat to public safety, or 21
(d) the works have ceased to be emergency coastal protection 22
works (for example, the works have been in place for 23
longer than the maximum period allowed for emergency 24
coastal protection works or the works are not being 25
maintained as required by this Part). 26
(2) A Coastal Authority that is a designated authority for land on 27
which a person has placed (or caused to be placed) emergency 28
coastal protection works (whether public or private land) may 29
order the person to restore any assets or vegetation on public land 30
that have been damaged in the course of the placement of the 31
works. 32
(3) A Coastal Authority that is a designated authority for public land 33
on which a person has placed (or caused to be placed) emergency 34
coastal protection works may order the person to move, alter or 35
remove the works and restore the land if the Coastal Authority is 36
of the opinion that the person did not take all practical measures: 37
(a) to avoid placing those works on the public land, or 38
(b) to avoid damage to assets or vegetation on the public land, 39
or 40
Page 25
Coastal Protection and Other Legislation Amendment Bill 2010
Schedule 1 Amendment of Coastal Protection Act 1979 No 13
(c) to minimise risks to the public on the public land, or 1
(d) to maintain reasonable public access (including access for 2
local and public authorities) to and through the beach 3
concerned. 4
(4) An order under this section that requires a person to restore land 5
may include a requirement that the person restore the land 6
concerned in accordance with: 7
(a) any requirements adopted by the Minister and published in 8
the Gazette for the purposes of this subsection, and 9
(b) any requirements specified in the regulations for the 10
purposes of this subsection. 11
(5) Before giving an order under this section relating to emergency 12
coastal protection works, a Coastal Authority must ensure that 13
the person or body that issued the certificate under Division 2 of 14
Part 4C for the works is aware of the intention to make the order. 15
Note. Certificates under Division 2 of Part 4C for emergency coastal 16
protection works are issued by emergency works authorised officers as 17
delegates of councils or of the Director-General of the Department of 18
Environment, Climate Change and Water. 19
If an emergency works authorised officer who issued such a certificate 20
was appointed by a council, any other Coastal Authority intending to 21
make an order under this section relating to the works must ensure that 22
the council is aware of the proposal to make the order. 23
If an emergency works authorised officer who issued such a certificate 24
was appointed by the Director-General, any Coastal Authority intending 25
to make an order under this section relating to the works must ensure 26
that the Director-General is aware of the proposal to make the order. 27
See section 55ZG for resolution of disputes between Coastal 28
Authorities. 29
(6) Before making an order under this section that relates to Crown 30
land within the meaning of the Crown Lands Act 1989 or land 31
within a reserve as defined in Part 5 of that Act, the Coastal 32
Authority must consult the Minister administering that Act. 33
(7) A council may not give an order under this section to a Minister 34
or another public authority. 35
55ZD General provisions relating to orders 36
(1) An order under this Part may be given to a person by notice in 37
writing or orally. 38
Page 26
Coastal Protection and Other Legislation Amendment Bill 2010
Amendment of Coastal Protection Act 1979 No 13 Schedule 1
(2) An order under this Part: 1
(a) takes effect immediately (or from a later date specified in 2
the written notice or at the time the order is given orally), 3
and 4
(b) is subject to such conditions as the Coastal Authority may 5
specify in the written notice or at the time the order is given 6
orally, and 7
(c) may require a person to cease doing, or causing or 8
permitting to be done, the relevant activity for a specified 9
time, and 10
(d) may require a person to do, or cause or permit to be done, 11
the relevant activity within a specified time. 12
(3) The Coastal Authority concerned may vary or revoke the order or 13
the conditions of the order by further notice in writing or further 14
oral order given to the person subject to the order. 15
(4) An order given orally to a person ceases to have effect on the 16
expiration of 72 hours from the time it was given unless 17
confirmed by the Coastal Authority who gave the order by a 18
notice in writing given to the person. 19
(5) Subject to subsection (4), an order under this Part remains in 20
force until whichever of the following happens first: 21
(a) the order is revoked by the Coastal Authority concerned, 22
(b) the activity to which the order relates obtains planning 23
permission and evidence of the planning permission is 24
provided to the Coastal Authority concerned. 25
(6) A Coastal Authority is not required, before making an order 26
under this Part, to notify any person who may be affected by the 27
order. 28
(7) A Coastal Authority (other than a council) that makes an order 29
under this Part must notify the relevant local council of the 30
making of the order. 31
(8) A council must keep a record of all orders under this Part made 32
by it or notified to it under subsection (7). 33
(9) In this section, evidence of planning permission means evidence 34
that: 35
(a) development consent or approval under the Environmental 36
Planning and Assessment Act 1979 has been granted, or 37
(b) the development concerned has become exempt 38
development under that Act. 39
Page 27
Coastal Protection and Other Legislation Amendment Bill 2010
Schedule 1 Amendment of Coastal Protection Act 1979 No 13
55ZE Fee 1
(1) The purpose of this section is to enable a Coastal Authority to 2
recover the administrative costs of preparing and giving orders 3
under this Part. 4
(2) A person who is given an order under this Part by a Coastal 5
Authority must within 30 days pay a fee of $320 (or such higher 6
fee as may be prescribed by the regulations) to the Coastal 7
Authority. 8
(3) The Coastal Authority may: 9
(a) extend the time for payment of the fee, on the application 10
of the person required to pay the fee, or 11
(b) waive payment of the whole or any part of the fee, on the 12
Coastal Authority's own initiative or on the application of 13
the person required to pay the fee. 14
(4) A fee is not payable for the variation of an order made under this 15
Part. 16
(5) A person who does not pay the fee within the time provided under 17
this section is guilty of an offence. 18
Maximum penalty: 200 penalty units. 19
55ZF Failure to comply with order 20
(1) A person who does not comply with an order under this Part is 21
guilty of an offence. 22
Maximum penalty: 23
(a) in the case of a corporation--4,500 penalty units and 24
400 penalty units for each day the offence continues, or 25
(b) in any other case--2,250 penalty units and 200 penalty 26
units for each day the offence continues. 27
(2) If a person does not comply with the requirements of an order 28
under this Part within the time specified (whether that person has 29
been convicted of an offence in respect of the order or not), the 30
Coastal Authority concerned may, where the order required the 31
doing of any act or thing, do the act or thing. 32
(3) Any costs reasonably incurred by the Coastal Authority under 33
subsection (2) may be recovered in a court of competent 34
jurisdiction from the person who is the subject of the order as a 35
debt due to the Coastal Authority. 36
Page 28
Coastal Protection and Other Legislation Amendment Bill 2010
Amendment of Coastal Protection Act 1979 No 13 Schedule 1
55ZG Resolution of disputes under Part 4C and this Part 1
(1) If a dispute arises between a council and a Coastal Authority that 2
is a Minister in relation to the exercise of a function under Part 4C 3
or this Part, the Minister may direct the council as to the exercise 4
of the function. 5
(2) If a dispute arises between two Coastal Authorities in relation to 6
the exercise of a function under Part 4C or this Part (other than a 7
dispute between a council and a Minister), the dispute may be 8
referred to the Premier for resolution: 9
(a) by a party to the dispute, if that party is a Minister, or 10
(b) by the Minister responsible for a party to the dispute, if that 11
party is not a Minister. 12
(3) The Premier may give directions as the Premier sees fit to resolve 13
the dispute. 14
(4) A Coastal Authority is to comply with a direction under this 15
section. 16
(5) This section applies to the Director-General in the same way as it 17
applies to a Minister. 18
55ZH Successors in title and emergency coastal protection works 19
(1) If an original owner of land protected by emergency coastal 20
protection works ceases, before the works are removed and the 21
land is restored in accordance with this Act, to be the owner of 22
that land, a successor in title may be made the subject of an order 23
under this Part as if the successor in title were the original owner. 24
(2) If an order is made under this Part requiring an original owner of 25
land protected by emergency coastal protection works to carry 26
out work in relation to the works on the land and the original 27
owner ceases, before the work is carried out, to be the owner of 28
the land, a successor in title: 29
(a) is required to carry out that work, and 30
(b) to that extent, is bound by the order in the same way as the 31
original owner (except as provided by this section). 32
(3) A successor in title is bound by the order under subsection (2) 33
only if the Coastal Authority that made the order: 34
(a) before the land concerned was transferred--notified the 35
relevant local council under section 55ZD (7), and 36
(b) has given a copy of the order to the successor in title. 37
Page 29
Coastal Protection and Other Legislation Amendment Bill 2010
Schedule 1 Amendment of Coastal Protection Act 1979 No 13
(4) For the purposes of subsection (2), the specified period within 1
which the work is required to be carried out under the order is 2
taken to commence from the date on which the copy of the order 3
is given to the successor in title. 4
(5) In this section: 5
land protected by emergency coastal protection works means 6
land that is protected from wave erosion by emergency coastal 7
protection works that have been placed (or caused to be placed) 8
by the land's owner (whether placed on the owner's land or on 9
adjacent public land). 10
original owner means an owner of land who has placed (or 11
caused to be placed) emergency coastal protection works on the 12
owner's land or on public land adjacent to that land. 13
[27] Section 56A Restoration orders 14
Insert "or following" after "during" in section 56A (2). 15
[28] Section 58 Penalties 16
Omit "100 penalty units" from section 58 (1). 17
Insert instead "4,500 penalty units (in the case of a corporation) and 18
2,250 penalty units (in any other case)". 19
[29] Section 58 (2) 20
Omit "10 penalty units". 21
Insert instead "400 penalty units (in the case of a corporation) and 200 penalty 22
units (in any other case)". 23
[30] Section 59 Proceedings for offences 24
Insert "(other than an offence against section 55Y or Part 4D)" after "this Act". 25
[31] Section 59 (2) 26
Insert at the end of the section: 27
(2) Proceedings for an offence against section 55Y or Part 4D of this 28
Act may be taken before the Land and Environment Court. 29
[32] Sections 59A and 59B 30
Insert after section 59: 31
59A Continuing offences 32
(1) A person who is guilty of an offence because the person 33
contravenes a requirement made by or under this Act or the 34
Page 30
Coastal Protection and Other Legislation Amendment Bill 2010
Amendment of Coastal Protection Act 1979 No 13 Schedule 1
regulations (whether the requirement is imposed by an order or 1
otherwise) to do or cease to do something (whether or not within 2
a specified period or before a particular time): 3
(a) continues, until the requirement is complied with and 4
despite the fact that any specified period has expired or 5
time has passed, to be liable to comply with the 6
requirement, and 7
(b) is guilty of a continuing offence for each day the 8
contravention continues. 9
(2) This section does not apply to an offence if the relevant provision 10
of this Act or the regulations does not provide for a penalty for a 11
continuing offence. 12
(3) This section does not apply to the extent that a requirement of an 13
order is revoked. 14
59B Penalty notices 15
(1) An authorised officer may serve a penalty notice on a person if it 16
appears to the officer that the person has committed an offence 17
against this Act or the regulations, being an offence prescribed by 18
the regulations as a penalty notice offence. 19
(2) A penalty notice is a notice to the effect that, if the person served 20
does not wish to have the matter determined by a court, the 21
person can pay, within the time and to the person specified in the 22
notice, the amount of the penalty prescribed by the regulations for 23
the offence if dealt with under this section. 24
(3) A penalty notice under this section is declared to be a penalty 25
notice for the purposes of the Fines Act 1996. 26
(4) A penalty notice may be served personally or by post. 27
(5) If the amount of penalty prescribed for an alleged offence is paid 28
under this section, no person is liable to any further proceedings 29
for the alleged offence. 30
(6) Payment under this section is not to be regarded as an admission 31
of liability for the purpose of, and does not in any way affect or 32
prejudice, any civil claim, action or proceeding arising out of the 33
same occurrence. 34
(7) The regulations may: 35
(a) prescribe an offence for the purposes of this section by 36
specifying the offence or by referring to the provision 37
creating the offence, and 38
Page 31
Coastal Protection and Other Legislation Amendment Bill 2010
Schedule 1 Amendment of Coastal Protection Act 1979 No 13
(b) prescribe the amount of penalty payable for the offence if 1
dealt with under this section, and 2
(c) prescribe different amounts of penalties for different 3
offences or classes of offences. 4
(8) The amount of a penalty prescribed by the regulations under this 5
section for an offence is not to exceed the maximum amount of 6
penalty that could be imposed for the offence by a court. 7
(9) This section does not limit the operation of any other provision 8
of, or made under, this or any other Act relating to proceedings 9
that may be taken in respect of offences. 10
[33] Section 60 11
Omit sections 60 and 61. Insert instead: 12
60 Regulations 13
The Governor may make regulations, not inconsistent with this 14
Act, for or with respect to any matter that by this Act is required 15
or permitted to be prescribed or that is necessary or convenient to 16
be prescribed for carrying out or giving effect to this Act. 17
[34] Sections 6365 18
Insert after section 62: 19
63 Delegation 20
The Minister may delegate the exercise of any function of the 21
Minister under this Act (other than a function of the Minister as 22
a Coastal Authority or this power of delegation) to: 23
(a) any member of staff of the Department, or 24
(b) any person, or any class of persons, authorised for the 25
purposes of this section by the regulations. 26
64 Review of Part 4C of Act 27
(1) The Minister is to review Part 4C of this Act to determine 28
whether the policy objectives of the Part remain valid and 29
whether the terms of the Part remain appropriate for securing 30
those objectives. 31
(2) The review is to be undertaken as soon as possible after the period 32
of 2 years from the date of assent to the Coastal Protection and 33
Other Legislation Amendment Act 2010. 34
Page 32
Coastal Protection and Other Legislation Amendment Bill 2010
Amendment of Coastal Protection Act 1979 No 13 Schedule 1
(3) A report on the outcome of the review is to be tabled in each 1
House of Parliament within 12 months after the end of the period 2
of 2 years. 3
65 Review of Act 4
(1) The Minister is to review this Act to determine whether the policy 5
objectives of the Act remain valid and whether the terms of the 6
Act remain appropriate for securing those objectives. 7
(2) The review is to be undertaken as soon as possible after the period 8
of 5 years from the date of assent to the Coastal Protection and 9
Other Legislation Amendment Act 2010. 10
(3) A report on the outcome of the review is to be tabled in each 11
House of Parliament within 12 months after the end of the period 12
of 5 years. 13
[35] Schedule 1 Savings, transitional and other provisions 14
Insert at the end of clause 1 (1): 15
Coastal Protection and Other Legislation Amendment Act 2010 16
[36] Schedule 2 17
Insert after Schedule 1: 18
Schedule 2 Constitution and procedure of 19
Coastal Panel 20
(Section 12 (8)) 21
Part 1 General 22
1 Definitions 23
In this Schedule: 24
Chairperson means the Chairperson of the Coastal Panel. 25
Deputy Chairperson means the Deputy Chairperson of the 26
Coastal Panel. 27
member means any member of the Coastal Panel. 28
Page 33
Coastal Protection and Other Legislation Amendment Bill 2010
Schedule 1 Amendment of Coastal Protection Act 1979 No 13
Part 2 Constitution 1
2 Terms of office of members 2
Subject to this Schedule and the regulations, a member holds 3
office for such period (not exceeding 3 years) as is specified in 4
the member's instrument of appointment, but is eligible (if 5
otherwise qualified) for re-appointment. 6
3 Remuneration 7
A member is entitled to be paid such remuneration (including 8
travelling and subsistence allowances) as the Minister may from 9
time to time determine in respect of the member. 10
4 Deputies 11
(1) The Minister may, from time to time, appoint a person to be the 12
deputy of a member. The appointment is to be made in the same 13
manner as the appointment of the member. 14
(2) The Minister may, at any time, revoke any such appointment. 15
(3) In the absence of a member, the member's deputy may, if 16
available, act in the place of the member. 17
(4) While acting in the place of a member, a person has all the 18
functions of the member and is taken to be a member. 19
(5) For the purposes of this clause, a vacancy in the office of a 20
member is taken to be an absence of the member. 21
(6) This clause does not operate to confer on the deputy of a member 22
who is the Chairperson or Deputy Chairperson the member's 23
functions as Chairperson or Deputy Chairperson. 24
5 Vacancy in office of member 25
(1) The office of a member becomes vacant if the member: 26
(a) dies, or 27
(b) completes a term of office and is not re-appointed, or 28
(c) resigns the office by instrument in writing addressed to the 29
Minister, or 30
(d) is removed from office by the Minister under this clause, 31
or 32
(e) is absent from 3 consecutive meetings of the Coastal Panel 33
of which reasonable notice has been given to the member 34
personally or by post, except on leave granted by the 35
Page 34
Coastal Protection and Other Legislation Amendment Bill 2010
Amendment of Coastal Protection Act 1979 No 13 Schedule 1
Minister or unless the member is excused by the Minister 1
for having been absent from those meetings, or 2
(f) becomes bankrupt, applies to take the benefit of any law 3
for the relief of bankrupt or insolvent debtors, compounds 4
with his or her creditors or makes an assignment of his or 5
her remuneration for their benefit, or 6
(g) becomes a mentally incapacitated person, or 7
(h) is convicted in New South Wales of an offence that is 8
punishable by imprisonment for 12 months or more or is 9
convicted elsewhere than in New South Wales of an 10
offence that, if committed in New South Wales, would be 11
an offence so punishable. 12
(2) The Minister may remove a member from office at any time. 13
6 Filling of vacancy in office of member 14
If the office of any member becomes vacant, a person is, subject 15
to this Act and the regulations, to be appointed to fill the vacancy. 16
7 Disclosure of pecuniary interests 17
(1) If: 18
(a) a member has a direct or indirect pecuniary interest in a 19
matter being considered or about to be considered at a 20
meeting of the Coastal Panel, and 21
(b) the interest appears to raise a conflict with the proper 22
performance of the member's duties in relation to the 23
consideration of the matter, 24
the member must, as soon as possible after the relevant facts have 25
come to the member's knowledge, disclose the nature of the 26
interest at a meeting of the Coastal Panel. 27
(2) A disclosure by a member at a meeting of the Coastal Panel that 28
the member: 29
(a) is a member, or is in the employment, of a specified 30
company or other body, or 31
(b) is a partner, or is in the employment, of a specified person, 32
or 33
(c) has some other specified interest relating to a specified 34
company or other body or to a specified person, 35
is a sufficient disclosure of the nature of the interest in any matter 36
relating to that company or other body or to that person which 37
may arise after the date of the disclosure and which is required to 38
be disclosed under subclause (1). 39
Page 35
Coastal Protection and Other Legislation Amendment Bill 2010
Schedule 1 Amendment of Coastal Protection Act 1979 No 13
(3) Particulars of any disclosure made under this clause must be 1
recorded by the Coastal Panel in a book kept for the purpose and 2
that book must be open at all reasonable hours to inspection by 3
any person on payment of the fee determined by the Coastal 4
Panel. 5
(4) After a member has disclosed the nature of an interest in any 6
matter, the member must not, unless the Minister or the Coastal 7
Panel otherwise determines: 8
(a) be present during any deliberation of the Coastal Panel 9
with respect to the matter, or 10
(b) take part in any decision of the Coastal Panel with respect 11
to the matter. 12
(5) For the purposes of the making of a determination by the Coastal 13
Panel under subclause (4), a member who has a direct or indirect 14
pecuniary interest in a matter to which the disclosure relates must 15
not: 16
(a) be present during any deliberation of the Coastal Panel for 17
the purpose of making the determination, or 18
(b) take part in the making by the Coastal Panel of the 19
determination. 20
(6) A contravention of this clause does not invalidate any decision of 21
the Coastal Panel. 22
(7) This clause applies to a member of a committee of the Coastal 23
Panel and the committee in the same way as it applies to a 24
member of the Coastal Panel and the Coastal Panel. 25
8 Effect of certain other Acts 26
(1) Chapter 2 of the Public Sector Employment and Management 27
Act 2002 does not apply to or in respect of the appointment of a 28
member. 29
(2) If by or under any Act provision is made: 30
(a) requiring a person who is the holder of a specified office to 31
devote the whole of his or her time to the duties of that 32
office, or 33
(b) prohibiting the person from engaging in employment 34
outside the duties of that office, 35
the provision does not operate to disqualify the person from 36
holding that office and also the office of a member or from 37
accepting and retaining any remuneration payable to the person 38
under this Act as a member. 39
Page 36
Coastal Protection and Other Legislation Amendment Bill 2010
Amendment of Coastal Protection Act 1979 No 13 Schedule 1
9 Personal liability 1
A matter or thing done or omitted to be done by the Coastal Panel, 2
a member of the Coastal Panel or a person acting under the 3
direction of the Coastal Panel does not, if the matter or thing was 4
done or omitted to be done in good faith for the purpose of 5
executing this or any other Act, subject a member or a person so 6
acting personally to any action, liability, claim or demand. 7
Part 3 Procedure 8
10 General procedure 9
The procedure for the calling of meetings of the Coastal Panel 10
and for the conduct of business at those meetings is, subject to 11
this Act and the regulations, to be as determined by the Coastal 12
Panel. 13
11 Quorum 14
The quorum for a meeting of the Coastal Panel is a majority of its 15
members for the time being. 16
12 Presiding member 17
(1) The Chairperson (or, in the absence of the Chairperson, the 18
Deputy Chairperson, or in the absence of both the Chairperson 19
and the Deputy Chairperson, a person elected by the members of 20
the Coastal Panel who are present at a meeting of the Coastal 21
Panel) is to preside at a meeting of the Coastal Panel. 22
(2) The presiding member has a deliberative vote and, in the event of 23
an equality of votes, has a second or casting vote. 24
13 Voting 25
A decision supported by a majority of the votes cast at a meeting 26
of the Coastal Panel at which a quorum is present is the decision 27
of the Coastal Panel. 28
14 Transaction of business outside meetings or by telephone 29
(1) The Coastal Panel may, if it thinks fit, transact any of its business 30
by the circulation of papers among all the members of the Coastal 31
Panel for the time being, and a resolution in writing approved in 32
writing by a majority of those members is taken to be a decision 33
of the Coastal Panel. 34
(2) The Coastal Panel may, if it thinks fit, transact any of its business 35
at a meeting at which members (or some members) participate by 36
Page 37
Coastal Protection and Other Legislation Amendment Bill 2010
Schedule 1 Amendment of Coastal Protection Act 1979 No 13
telephone, closed-circuit television or other means, but only if 1
any member who speaks on a matter before the meeting can be 2
heard by the other members. 3
(3) For the purposes of: 4
(a) the approval of a resolution under subclause (1), or 5
(b) a meeting held in accordance with subclause (2), 6
the Chairperson and each member have the same voting rights as 7
they have at an ordinary meeting of the Coastal Panel. 8
(4) A resolution approved under subclause (1) is, subject to the 9
regulations, to be recorded in the minutes of the meetings of the 10
Coastal Panel. 11
(5) Papers may be circulated among the members for the purposes of 12
subclause (1) by facsimile or other transmission of the 13
information in the papers concerned. 14
15 First meeting 15
The Minister may call the first meeting of the Coastal Panel in 16
such manner as the Minister thinks fit. 17
Page 38
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 1
1993 No 30 2
[1] Section 496B 3
Insert after section 496A: 4
496B Making and levying of annual charges for coastal protection 5
services 6
(1) If a council provides coastal protection services that benefit a 7
parcel of rateable land in the council's area, being services that 8
relate to coastal protection works that were (or are being) 9
constructed by or on behalf of the owner or occupier (or a 10
previous owner or occupier) of the parcel of land, the council 11
must, in accordance with this Act and the regulations, make and 12
levy an annual charge on that parcel for those services. 13
(2) A council may, in accordance with this Act and the regulations, 14
make and levy an annual charge for the provision by the council 15
of coastal protection services for a parcel of rateable land that 16
benefits from the services, being services that relate to coastal 17
protection works that were (or are being) constructed jointly by 18
or on behalf of: 19
(a) the owner or occupier (or a previous owner or occupier) of 20
the parcel of land, and 21
(b) a public authority or a council. 22
(3) An annual charge for the provision of coastal protection services 23
must be calculated so as to not exceed the reasonable cost to the 24
council of providing those services (including any legal, 25
insurance, engineering, surveying, project management, 26
financing and similar costs associated with providing those 27
services). 28
(4) If a person is aggrieved by the amount of the annual charge, the 29
person may appeal to the Land and Environment Court and that 30
Court may determine the amount. 31
(5) The fact that an appeal is pending does not in the meantime affect 32
the levying of the annual charge to which the appeal relates and 33
the charge may be recovered as if no appeal were pending. 34
(6) If a person's appeal is, in whole or in part, successful, the council 35
must refund any amount paid in excess of a requirement for 36
payment under this Act. 37
Page 39
Coastal Protection and Other Legislation Amendment Bill 2010
Schedule 2 Amendment of Local Government Act 1993 No 30
(7) If the Land and Environment Court, in the course of determining 1
an appeal under subsection (4), determines the reasonable cost to 2
the council of providing coastal protection services in relation to 3
particular coastal protection works, that determination is binding 4
in relation to the calculation of the annual charge for all other 5
parcels of land that benefit from those same services. 6
(8) For the avoidance of doubt, a parcel of land benefits from the 7
provision of coastal protection services even if: 8
(a) the services relate to private coastal protection works (such 9
as a seawall) wholly on the parcel or on a neighbouring 10
parcel of private land, or 11
(b) the services are carried out on land that is outside the 12
council's area. 13
(9) Subsections (1) and (2) do not authorise or permit a council to 14
make or levy an annual charge for the provision of coastal 15
protection services for rateable land that is held under a lease for 16
private purposes granted under the Aboriginal Housing Act 1998 17
or the Housing Act 2001. 18
(10) The Minister administering the Coastal Protection Act 1979 may 19
issue guidelines relating to the making and levying of charges 20
under this section. A council is to have regard to any such 21
guidelines when making and levying such charges. 22
[2] Section 505 Application of Part 23
Insert after section 505 (a) (v): 24
(vi) annual charges for coastal protection services, and 25
[3] Chapter 15, Part 5, Division 3 26
Insert after Division 2 of Part 5 of Chapter 15: 27
Division 3 Coastal protection service charges 28
553B Restriction on levying coastal protection service charges 29
(1) An annual charge for coastal protection services may not be 30
levied on a parcel of rateable land in relation to any coastal 31
protection works that existed before the commencement of this 32
section without the consent of the owner of that land. 33
Page 40
Coastal Protection and Other Legislation Amendment Bill 2010
Amendment of Local Government Act 1993 No 30 Schedule 2
(2) An annual charge for coastal protection services may not be 1
levied on a parcel of rateable land in relation to any coastal 2
protection works if: 3
(a) the maintenance of the works or the management of the 4
impacts of the works (as appropriate) is a condition of an 5
approval or consent under the Environmental Planning 6
and Assessment Act 1979 relating to the works, and 7
(b) that maintenance or management work is not being carried 8
out by or on behalf of the council. 9
[4] Sections 606A and 606B 10
Insert after section 606: 11
606A Estimates of coastal protection service charges 12
(1) A council must, on request, provide a person who would be liable 13
to pay an annual charge for coastal protection services in relation 14
to proposed coastal protection works with an estimate of the 15
person's liability for that annual charge (if the council were to 16
make such a charge) for each of the following 5 years. 17
(2) A request for an estimate under subsection (1) must include any 18
information required by the council in order to make the estimate, 19
including but not limited to, information relating to proposed 20
coastal protection works such as the location and type of works 21
and their expected on-site and off-site impacts. 22
(3) A request for an estimate under subsection (1) is to be 23
accompanied by a fee determined by the council to cover the 24
council's reasonable costs in providing the estimate. 25
(4) A council must provide the estimate within 30 days of the 26
submission of the request (including the required information) 27
and fee. 28
(5) An estimate provided by the council does not bind or limit the 29
council in the making or levying of a charge for coastal protection 30
services under this Act. 31
606B Review of cost of coastal protection service charges 32
(1) A council must, on request, provide a person who is liable to pay 33
an annual charge for coastal protection services with a report 34
prepared by an independent person on the cost to the council of 35
providing those services. 36
Page 41
Coastal Protection and Other Legislation Amendment Bill 2010
Schedule 2 Amendment of Local Government Act 1993 No 30
(2) A request for a report under subsection (1) is to be accompanied 1
by a fee determined by the council to cover the council's 2
reasonable costs in providing the report. 3
(3) If a council provides a report to a person under subsection (1) the 4
council is to make the report available to all other persons liable 5
to pay an annual charge in relation to the same services. 6
(4) A council is not required to provide a report under subsection (1) 7
to a person if the council has in the previous 3 years provided or 8
made available to the person such a report in relation to the same 9
coastal protection services. 10
[5] Section 733 Exemption from liability--flood liable land and land in 11
coastal zone 12
Insert after section 733 (3) (a): 13
(b) the preparation or making of a coastal zone management 14
plan, or the giving of an order, under the Coastal 15
Protection Act 1979, and 16
[6] Section 733 (3) (f2)(f5) 17
Insert in appropriate order in section 733 (3): 18
(f2) anything done or omitted to be done regarding beach 19
erosion or shoreline recession on Crown land, land within 20
a reserve as defined in Part 5 of the Crown Lands Act 1989 21
or land owned or controlled by a council or a public 22
authority, and 23
(f3) the failure to upgrade flood mitigation works or coastal 24
management works in response to projected or actual 25
impacts of climate change, and 26
(f4) the failure to undertake action to enforce the removal of 27
illegal or unauthorised structures that results in erosion of 28
a beach or land adjacent to a beach, and 29
(f5) the provision of information relating to climate change or 30
sea level rise, and 31
[7] Section 733 (8) 32
Omit the subsection. Insert instead: 33
(8) In this section: 34
coastal management works includes the placement and 35
maintenance of emergency coastal protection works. 36
Page 42
Coastal Protection and Other Legislation Amendment Bill 2010
Amendment of Local Government Act 1993 No 30 Schedule 2
coastal zone has the same meaning as in the Coastal Protection 1
Act 1979, and includes land previously in the coastal zone under 2
that Act and land that adjoins the tidal waters of the Hawkesbury 3
River, Sydney Harbour and Botany Bay, and their tributaries. 4
manual includes guidelines. 5
[8] Schedule 6 Regulations 6
Insert after item 7: 7
7A Coastal protection services 8
Examples. The minimum standards in carrying out such coastal 9
protection services 10
[9] Schedule 8 Savings, transitional and other provisions consequent on 11
the enactment of other Acts 12
Insert at the end of clause 1 (1): 13
Coastal Protection and Other Legislation Amendment Act 2010 14
[10] Dictionary 15
Insert in alphabetical order: 16
coastal protection service means a service: 17
(a) to maintain and repair coastal protection works, or 18
(b) to manage the impacts of such works (such as changed or 19
increased beach erosion elsewhere), 20
but does not include a service that relates to emergency coastal 21
protection works. 22
coastal protection works means activities or works to reduce the 23
impact of coastline hazards on land adjacent to tidal waters and 24
includes seawalls, revetments, groynes and beach nourishment. 25
coastline hazard means the following: 26
(a) beach erosion, 27
(b) shoreline recession, 28
(c) coastal lake or watercourse entrance instability, 29
(d) coastal inundation, 30
(e) coastal cliff or slope instability. 31
emergency coastal protection works has the same meaning as in 32
the Coastal Protection Act 1979. 33
Page 43
Coastal Protection and Other Legislation Amendment Bill 2010
Schedule 2 Amendment of Local Government Act 1993 No 30
flooded, in relation to land, means inundated by waters derived 1
from the runoff of rainfall on land. 2
shoreline recession means the progressive landward movement 3
of the average long term position of the coastline. 4
Page 44
Coastal Protection and Other Legislation Amendment Bill 2010
Amendment of other legislation Schedule 3
Schedule 3 Amendment of other legislation 1
3.1 Conveyancing (Sale of Land) Regulation 2005 2
[1] Clause 3 Definitions 3
Insert in alphabetical order in clause 3 (1): 4
section 603 certificate means a certificate issued under 5
section 603 (3) of the Local Government Act 1993. 6
[2] Schedule 3 Prescribed warranties 7
Insert at the end of item 1 (e) in Part 1 of the Schedule: 8
, and 9
(f) the land is not subject to an annual charge for the provision 10
of coastal protection services under the Local Government 11
Act 1993. 12
[3] Schedule 3, Part 1, item 2 (e) 13
Insert at the end of item 2 (d) (iv): 14
, and 15
(e) without limiting any other manner in which disclosure may 16
occur, the vendor may disclose that land is subject to an 17
annual charge for the provision of coastal protection 18
services under the Local Government Act 1993 by 19
attaching a section 603 certificate relating to the land to the 20
contract. 21
[4] Schedule 3, Part 2, item 1 (f) 22
Insert at the end of item 1 (e) in Part 2: 23
, and 24
(f) the land is not subject to an annual charge for the provision 25
of coastal protection services under the Local Government 26
Act 1993. 27
[5] Schedule 3, Part 2, item 2 (e) 28
Insert at the end of item 2 (d) (iv): 29
, and 30
(e) without limiting any other manner in which disclosure may 31
occur, the vendor may disclose that land is subject to an 32
annual charge for the provision of coastal protection 33
Page 45
Coastal Protection and Other Legislation Amendment Bill 2010
Schedule 3 Amendment of other legislation
services under the Local Government Act 1993 by 1
attaching a section 603 certificate relating to the land to 2
the option. 3
3.2 Environmental Planning and Assessment Regulation 2000 4
[1] Clause 228 What factors must be taken into account concerning the 5
impact of an activity on the environment? 6
Insert after clause 228 (2) (o): 7
(p) any impact on coastal processes and coastal hazards, 8
including those under projected climate change conditions. 9
[2] Schedule 4 Planning certificates 10
Insert after clause 4: 11
4A Orders under Part 4D of the Coastal Protection Act 1979 12
Whether an order has been made under Part 4D of the Coastal 13
Protection Act 1979 in relation to emergency coastal protection 14
works (within the meaning of that Act) on the land (or on public 15
land adjacent to that land), except where the council is satisfied 16
that such an order has been fully complied with. 17
4B Emergency coastal protection works under the Coastal Protection 18
Act 1979 19
Whether the council has been notified under section 55X of the 20
Coastal Protection Act 1979 that emergency coastal protection 21
works (within the meaning of that Act) have been placed on the 22
land (or on public land adjacent to that land), except where the 23
council is satisfied that the works have been removed and the 24
land restored in accordance with that Act. 25
3.3 Local Government (General) Regulation 2005 26
[1] Clause 201 Annual statement of council's revenue policy 27
Insert after clause 201 (3) (d): 28
(e) in relation to an annual charge for the provision by the 29
council of coastal protection services (if any)--a map or 30
list (or both) of the parcels of rateable land that are to be 31
subject to the charge. 32
Page 46
Coastal Protection and Other Legislation Amendment Bill 2010
Amendment of other legislation Schedule 3
[2] Clause 217 Additional information for inclusion in annual report 1
Omit clause 217 (1) (e). Insert instead: 2
(e) if the council has levied an annual charge for stormwater 3
management services--a statement detailing the 4
stormwater management services provided by the council 5
during that year, 6
(e1) if the council has levied an annual charge for coastal 7
protection services--a statement detailing the coastal 8
protection services provided by the council during that 9
year, 10
[3] Part 13, Division 12 11
Insert after Division 11 of Part 13: 12
Division 12 Standards of coastal protection services 13
413B Standards of coastal protection services 14
(1) A coastal protection service carried out by a council to maintain 15
coastal protection works must maintain the structural integrity of 16
the works to a reasonable engineering standard. 17
(2) A coastal protection service carried out by a council to manage 18
the impacts of coastal protection works must ensure that the 19
works do not result in any significant change in the long term 20
position of the coastline. 21
Page 47
[Index] [Search] [Download] [Related Items] [Help]