New South Wales Consolidated Acts

COASTAL PROTECTION ACT 1979

- As at 1 October 2011
- Act 13 of 1979

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of this Act
   4.      Definitions
   4A.     Meaning of maps outlining coastal zone
   4B.     Inspection of maps outlining coastal zone
   4C.     Designated authorities for land
   5.      Act binds Crown

   PART 2 - ADMINISTRATION

           Division 1 - Coastal Authorities and their authorised officers

   6.      Coastal Authorities
   7.      Appointment of authorised officers
   8.      Identification cards
   9.      Delegation

           Division 2 - Powers of authorised officers

   10.     General powers of authorised officers: application of Chapter 7 of Protection of the Environment Operations Act 1997
   11.     Offence relating to authorised officers and exercise of functions under Act

   PART 2A - NSW COASTAL PANEL

   12.     Constitution of NSW Coastal Panel
   13.     Functions of Coastal Panel
           14-35. (Repealed)

   PART 3 - USE OF THE COASTAL ZONE

   36.     (Repealed)
   37.     Definitions
   37A.    Implementation of principles of ecologically sustainable development
   37B.    Concurrence of Minister not required for certain development
   38.     General supervision of coastal zone
   39.     Special provisions respecting coastal development
   40.     Seeking concurrence of Minister
   41.     Granting or refusal of concurrence
   42.     Period for consideration by Minister of proposal or application
   43.     Circumstances in which concurrence may be assumed
   44.     Matters for consideration in relation to concurrence
   45.     Implementation of concurrence
   46.     Reasons
   47.     Rights of Minister on appeal
           48-50. (Repealed)
   51.     Enforcement by notice
   52.     Enforcement by direction to public authority
   53.     (Repealed)

   PART 4 - CARRYING OUT OF WORKS IN THE COASTAL ZONE BY THE MINISTER

   54.     (Repealed)
   54A.    Implementation of principles of ecologically sustainable development
   55.     Carrying out of certain works

   PART 4A - COASTAL ZONE MANAGEMENT PLANS

           Division 1 - General

   55A.    Minister to have regard to objects of Act
   55B.    Requirement for coastal zone management plans
   55C.    Matters to be dealt with in coastal zone management plans
   55D.    Guidelines for preparation of draft coastal zone management plans
   55E.    Public consultation
   55F.    Submissions
   55G.    Certification by Minister
   55H.    Gazettal and commencement of coastal zone management plans
   55I.    Amendment and repeal of coastal zone management plans
   55J.    Availability of coastal zone management plans

           Division 2 - Enforcement

   55K.    Breach of coastal zone management plan: offence
   55L.    Breach of coastal zone management plan: restraint

   PART 4B - EROSION AND ACCRETION

   55M.    Granting of development consent relating to coastal protection works
   55N.    Modification of doctrine of erosion and accretion

   PART 4C - EMERGENCY COASTAL PROTECTION WORKS

           Division 1 - Preliminary

   55O.    Regulatory approvals not required for authorised emergency coastal protection works
   55P.    Meaning of “emergency coastal protection works”
   55Q.    Maximum period allowed for emergency coastal protection works
   55R.    Maintenance requirements for emergency coastal protection works
   55S.    Emergency coastal protection works may be placed only once

           Division 2 - Certificate for emergency coastal protection works

   55T.    Applications for and issue of certificate relating to emergency coastal protection works
   55U.    Duration of certificates
   55V.    Notification of other issuing authority

           Division 3 - General

   55W.    Placing and maintaining emergency coastal protection works not restricted by certain legislation
   55X.    Notice to council and others of placement of emergency coastal protection works
   55Y.    Removal of emergency coastal protection works
   55Z.    Use and occupation of other land for emergency coastal protection works

   PART 4D - POWERS WITH RESPECT TO MATERIAL AND STRUCTURES ON BEACHES

   55ZA.   Order to remove certain materials and structures unlawfully placed on beaches (other than emergency coastal protection works)
   55ZB.   Stop work orders relating to materials and structures unlawfully being placed on beaches (other than emergency coastal protection works)
   55ZC.   Orders relating to emergency coastal protection works
   55ZD.   General provisions relating to orders
   55ZE.   Fee
   55ZF.   Failure to comply with order
   55ZG.   Resolution of disputes under Part 4C and this Part
   55ZH.   Successors in title and emergency coastal protection works

   PART 5 - GENERAL

   56.     (Repealed)
   56A.    Restoration orders
   56B.    Categorisation of coastal risks to land
   57.     Offences against this Act and the regulations
   58.     Penalties
   59.     Proceedings for offences
   59A.    Continuing offences
   59B.    Penalty notices
   60.     Regulations
   61.     Service of notices
   62.     Savings, transitional and other provisions
   63.     Delegation
   64.     Review of Part 4C of Act
   65.     Review of Act
           SCHEDULE 1
           SCHEDULE 2