New South Wales Consolidated Acts

COASTAL PROTECTION ACT 1979 - SECT 55M

55M Breach of coastal zone management plan: order

(1) The Minister or a council may, in respect of a beach in a local government area within the coastal zone, order a person:

(a) to refrain from depositing material on the beach that affects or is likely to affect beach erosion or that affects or is likely to affect public access to a beach or headland, or

(b) to remove material deposited by the person on the beach that affects or is likely to affect beach erosion or that affects or is likely to affect public access to a beach or headland, or

(c) in the case of a person who is the owner or occupier of land that has a frontage to such a beach:

(i) to refrain from erecting a structure on or near the boundary of the land and the beach, or

(ii) to remove a structure erected on or near the boundary of the land and the beach, not being a structure lawfully erected before the commencement of this section,

if the structure affects or is likely to affect beach erosion or affects or is likely to affect public access to a beach or headland.

(2) The provisions of Division 3 of Part 2 of Chapter 7, and section 678, of the Local Government Act 1993 apply to and in respect of an order given under this section by the Minister in the same way as those provisions apply to and in respect of an order given under section 124 (or under Part 2 of Chapter 7) of that Act by the Minister administering that Act, subject to the following:

(a) section 154 (2) of the Local Government Act 1993 is taken to read “Division 3 of this Part applies to the Minister in the same way as it applies to a council for the purpose of exercising any such function.”,

(b) a reference in those provisions to the Minister is taken to be a reference to the Minister administering this Part.

(3) The provisions of section 126, Divisions 2 and 3 of Part 2 of Chapter 7, and section 678, of the Local Government Act 1993 apply to and in respect of an order given under this section by a council in the same way as those provisions apply to and in respect of an order given under section 124 (or under Part 2 of Chapter 7) of that Act by a council.

(4) In the application of section 678 of the Local Government Act 1993 pursuant to this section, the reference in section 678 (2) of the Local Government Act 1993 to demolishing a building extends to include a reference to the removal of a structure from a beach and material deposited on a beach.

(5) A person who carries out work in compliance with a requirement of an order given under this section by the Minister or a council is not subject to Part 5 of the Environmental Planning and Assessment Act 1979 in carrying out the work.