New South Wales Consolidated Acts

COASTAL PROTECTION ACT 1979 - SECT 48

48 Entry, inspection, testing etc

(1) The Minister may authorise a person, in writing, to carry out inspections, for the purposes of this Act, of the whole or any part of the coastal zone or any development within the coastal zone.

(2) A person authorised under subsection (1) may enter any part of or development within the coastal zone and may carry out thereon (whether or not with the assistance of vehicles, vessels or equipment) such inspections, tests, investigations, surveys, experiments, boring, drilling and exploration and take such samples and measurements and record such information and do all such other things as the person considers necessary in connection with the administration of this Act.

(3) A person authorised under subsection (1) shall not, in relation to any part of or development within the coastal zone, exercise any of the functions conferred by subsection (2) unless reasonable notice has been given to the owner or occupier of the part, or the part on which the development is situated or is being carried out, as the case may be, of the intention to exercise those functions.

(4) In the exercise of a function conferred by subsection (2), the Minister shall ensure that no more damage than may be necessary in the circumstances is inflicted and shall fully compensate any person who sustains damage in the course of the exercise of that function.

(5) A person authorised under subsection (1), in exercising a function conferred by subsection (2) in relation to any part of or development within the coastal zone, shall, if so required by a person apparently in charge of the part or development, produce the instrument of his or her authority to that person.