New South Wales Consolidated Acts

COASTAL PROTECTION ACT 1979 - SECT 39

39 Special provisions respecting coastal development

(1) The Governor, on the recommendation of the Minister, may, by order published in the Gazette, in respect of such area within the coastal zone as is specified or described in the order, provide that a public authority so specified shall not, without the concurrence of the Minister:

(a) carry out in the area development or development of such class or description as is so specified or described, or

(b) grant any right or consent to a person to use or occupy the whole or any part of the area or to carry out in the area any development or development of such class or description as is so specified or described.

(2) The Governor, on the recommendation of the Minister, may, by regulation, in respect of such area within the coastal zone as is specified or described in the regulation, make provisions (whether by reference to the functions of a public authority or otherwise) regulating, controlling or prohibiting the use or occupation of the area or the carrying out of development in the area.

(3) The provisions of a regulation made pursuant to subsection (2) do not apply to or in respect of an area that is subject to an environmental planning instrument within the meaning of the Environmental Planning and Assessment Act 1979 other than a State environmental planning policy.

(4) The Minister shall not make a recommendation for the purposes of this section unless the Minister certifies to the Governor that the Minister is satisfied that the order or regulation relates only to development, or the use or occupation of an area that may, in any way:

(a1) be inconsistent with the principles of ecologically sustainable development, or

(a) 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

(b) 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.

(5) 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.

(6) Subsection (1) does not apply to the carrying out of any development in the coastal zone for the placement or maintenance of temporary coastal protection works.