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1998 (No 2)
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
The Bill makes a related amendment to the Local Government Act 1993.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 is a formal provision giving effect to the amendments to the
Coastal Protection Act 1979 set out in Schedules 13.
Clause 4 is a formal provision giving effect to the amendment to the Local
Government Act 1993 set out in Schedule 4.
Schedule 1 Amendment of Coastal Protection Act 1979
relating to definition of coastal zone
Schedule 1 [l] replaces the definition of coastal zone in the Principal Act.
The coastal zone will extend:
(a) to the coastal waters of the State, that is, the waters of the State out to 3
nautical miles, and
(b) to the area of land or inland waters adjoining the coastal waters of the
State with a western boundary shown on maps approved by the
Minister for Urban Affairs and Planning for the purposes of the Act.
The Coastal Council has functions with respect to the coastal region (which
includes the coastal zone). The Principal Act also places various controls on
the development of land within the coastal zone and enables certain work for
the preservation, protection, maintenance, restoration or improvement of the
coastal zone to be carried out under the Public Works Act 1912.
Schedule 1 [2] provides that the western boundary of the coastal zone is to
be determined in accordance with specified principles (proposed section 4A)
and requires the maps relating to the coastal zone to be made available for
inspection at the principal office of the Department of Urban Affairs and
Planning (proposed section 4B). Maps relevant to particular regions or areas
will be made available for inspection at the regional offices of the
Department of Urban Affairs and Planning and the Department of Land and
Water Conservation and at the offices of the relevant local councils.
Schedule 1 [3] preserves, despite any variation in the boundaries of the
coastal zone, the power to make regulations under section 39 of the Act
controlling the use of areas of water adjoining the coastal zone that are not
within a local government area or subject to a local or regional environmental
planning instrument.
Schedule 1 [5] and [6] contain savings and transitional provisions.
Schedule 1 [4] contains a consequential amendment.
Explanatory note page 2
Schedule 2 Amendment of Coastal Protection Act 1979
relating to constitution of Coastal Council
Schedule 2 [2] expands the membership of the Coastal Council from 10 to 20
members. The members of the Council will be drawn from nominations made
by Ministers with portfolios concerning coastal matters, the Nature
Conservation Council, industry and local councils. The functions of the
Coastal Council will remain unchanged, the principal function being to give
advice to the Minister in relation to the conservation and utilisation of the
coastal region and its resources.
Schedule 2 [ l ] and [3][7] contain consequential amendments.
Schedule 3 Amendment of Coastal Protection Act 1979
relating to principles of ecologically
sustainable development
Schedule 3 [l] contains a definition of ecologically sustainable
development. The term is defined as meaning the principles of ecologically
sustainable development described in section 6 (2) of the Protection of the
Environment Administration Act 1991.
Schedule 3 [2] requires the Coastal Council in exercising its functions, and
the Minister in exercising functions in relation to the Coastal Council, to have
regard to the principles of ecologically sustainable development.
Schedule 3 [3] requires the Minister. in exercising functions under Part 3
(Use of the coastal zone) of the Coastal Protection Act 1979, to have regard
to the principles of ecologically sustainable development.
Schedule 3 [4] requires the Minister, in exercising functions under Part 4
(Carrying out of works in the coastal zone by the Minister) of the Coastal
Protection Act 1979, to have regard to the principles of ecologically
sustainable development.
Schedule 4 Amendment of Local Government Act 1993
Schedule 4 amends section 733 of the Local Government Act 1993 which
provides that a council does not incur any liability for any actions, or the
giving of advice, relating to the likelihood of land in the coastal zone being
affected by a coastline hazard. The section extends to the making of an
environmental planning instrument, the grant or refusal of a development
application or an application for the erection of a building, advice furnished
in a section 149 certificate under the Environmental Planning and
Assessment Act 1979 and the carrying out of flood mitigation works and
coastal management works. The amendment ensures that the section
continues to operate in relation to land formerly within the definition of
coastal zone.
Explanatory note page 3