New South Wales Consolidated Acts

COASTAL PROTECTION ACT 1979 - SECT 38

38 General supervision of coastal zone

(1) A public authority shall not, without the concurrence of the Minister:

(a) carry out any development in the coastal zone, or

(b) grant any right or consent to a person:

(i) to use or occupy any part of the coastal zone, or

(ii) to carry out any development in the coastal zone,

if, in the opinion of the Minister, as advised from time to time by the Minister to the public authority, the development or the use or occupation may, in any way:

(b1) be inconsistent with the principles of ecologically sustainable development, or

(c) adversely affect the behaviour or be adversely affected by the behaviour of the sea or an arm of the sea or any bay, inlet, lagoon, lake, body of water, river, stream or watercourse, or

(d) adversely affect any beach or dune or the bed, bank, shoreline, foreshore, margin or flood plain of the sea or an arm of the sea or any bay, inlet, lagoon, lake, body of water, river, stream or watercourse.

(2) The Governor may, by order published in the Gazette, declare that subsection (1) does not, to the extent specified in the order, apply to such area within the coastal zone as is specified or described in the order, and subsection (1) ceases to apply accordingly.

(3) If:

(a) a public authority (the "developer authority") is required to obtain the concurrence of the Minister to carry out any development in the coastal zone under subsection (1) (a), and

(b) the developer authority is required under any law to obtain a grant of a right or consent from another public authority (the "approval authority") to carry out that development, and

(c) the approval authority is required to obtain the concurrence of the Minister to the grant of the right or consent under subsection (1) (b),

concurrence by the Minister to the carrying out of the development by the developer authority is taken to also be concurrence to the grant of the right or consent by the approval authority.

(4) This section does not apply to the use or occupation of any part of the coastal zone, or the carrying out of any development in the coastal zone, for the placement or maintenance of emergency coastal protection works.