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COASTAL MANAGEMENT ACT 2016 - SECT 4 Definitions

COASTAL MANAGEMENT ACT 2016 - SECT 4

Definitions

4 Definitions

(1) In this Act--


"beach" means an area that is generally composed of sand or pebbles or similar sediment that extends landwards from the lowest astronomical tide to the line of vegetation or bedrock or structure.


"beach fluctuation zone" means the range of natural locations a beach profile occupies from its fully accreted condition to its fully eroded condition, with--
(a) a landward limit defined by the escarpment resulting from the erosion associated with a 1% storm event or a more extreme event of record, whichever is the greater landward limit, and
(b) a seaward limit that is the 40m depth seaward of the highest astronomical tide for the open coast and 10m depth seaward of the highest astronomical tide for estuaries or tidal coastal lakes.
Note : The beach fluctuation zone ambulates as the coastline or estuary or coastal lake foreshore experiences net long-term recession or accretion due to changes in their sediment budgets.

"beach system" means the processes that produce the beach fluctuation zone and the incipient foredunes and foredunes landward of the relevant beach.


"coastal hazard" means the following--
(a) beach erosion,
(b) shoreline recession,
(c) coastal lake or watercourse entrance instability,
(d) coastal inundation,
(e) coastal cliff or slope instability,
(f) tidal inundation,
(g) erosion and inundation of foreshores caused by tidal waters and the action of waves, including the interaction of those waters with catchment floodwaters.

"coastal management area" means an area of the coastal zone identified in Part 2.


"coastal management manual" --see section 21.


"coastal management program" means a coastal management program prepared and adopted under Part 3.


"coastal protection works" means--
(a) beach nourishment activities or works, and
(b) activities or works to reduce the impact of coastal hazards on land adjacent to tidal waters, including (but not limited to) seawalls, revetments and groynes.

"coastal sediment compartment" means an area of the coast defined by its sediment flows and landforms.


"coastal zone" --see section 5.


"coastal zone emergency action subplan" means a part of a coastal management program as referred to in section 15 (3).


"Department" means the Department of Planning and Environment.


"ecologically sustainable development" has the same meaning as in section 6 (2) of the Protection of the Environment Administration Act 1991 .


"electricity supply authority" means a person or body engaged in the distribution of electricity to the public or in the generation of electricity for supply, directly or indirectly, to the public, whether by statute, franchise agreement or otherwise, and includes--
(a) an energy services corporation within the meaning of the Energy Services Corporations Act 1995 , and
(b) a transmission operator or distributor (in each case within the meaning of the Electricity Supply Act 1995 ), and
(d) the Water Administration Ministerial Corporation constituted under the Water Management Act 2000 .

"essential infrastructure" includes infrastructure for the following purposes--
(a) electricity generation, transmission and distribution,
(b) telecommunications,
(c) rail,
(d) roads,
(e) gas,
(f) sewerage systems, water supply systems or stormwater management systems,
(g) airports, ports, shipping and harbours.

"estuary" means any part of a river, lake, lagoon or coastal creek whose level is periodically or intermittently affected by coastal tides, up to the highest astronomical tide.


"foreshore" means the area of land between the highest astronomical tide and the lowest astronomical tide.


"function" includes a power, authority or duty, and
"exercise" a function includes perform a duty.


"management objectives" , for a coastal management area, are the management objectives for the area set out under Part 2.


"NSW Coastal Council" means the NSW Coastal Council established under Part 4.


"public authority" means a Minister of the Crown of the State, a State owned corporation, an electricity supply authority, a Public Service agency, a local council and any other public or local authority constituted by or under any Act, and includes any person or body prescribed by the regulations.


"surf zone" means the area from the line of the outer most breaking waves to the limit of wave run up on the beach.
Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) Notes included in this Act do not form part of this Act.