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.