New South Wales Consolidated Acts

COASTAL PROTECTION ACT 1979 - SECT 55P

55P Meaning of “emergency coastal protection works”

(1) General meaning In this Act, "emergency coastal protection works" means works comprising the placement of the following material, in compliance with the requirements of this section, on a beach, or a sand dune adjacent to a beach, to mitigate the effects of wave erosion on land:

(a) sand, or fabric bags filled with sand, (other than sand taken from a beach or a sand dune adjacent to a beach),

(b) other objects or material prescribed by the regulations (other than rocks, concrete, construction waste or other debris).

(2) Requirements relating to emergency coastal protection works The requirements for the placement of material as emergency coastal protection works are as follows:

(a) the material must be placed in accordance with a certificate under Division 2 that authorises the works,

(b) the material must be placed by or on behalf of a landowner to reduce the impact or likely impact from the erosion on a building being lawfully used for residential, commercial or community purposes,

(c) the material must be placed when:

(i) beach erosion is occurring, or

(ii) beach erosion is imminent, or

(iii) it is reasonably foreseeable (because of proximity to the erosion escarpment) that beach erosion is likely to impact on a building being lawfully used for residential, commercial or community purposes,

(d) the material must be placed by or on behalf of the landowner in accordance with any emergency action subplan that applies to the land concerned,

(e) in relation to material placed before 1 September 2011-the material must be placed by or on behalf of the landowner in accordance with any requirements adopted by the Minister and published in the Gazette for the purposes of this section before 1 January 2011,

(f) the material must be placed by or on behalf of the landowner in accordance with any requirements specified in the regulations for the purposes of this section.

(3) A requirement in an emergency action subplan or a requirement otherwise adopted or specified under subsection (2) may:

(a) apply generally or be limited in its application by reference to specified factors or exceptions, and

(b) apply differently according to different factors of a specified kind.

(4) For the avoidance of doubt, a requirement in an emergency action subplan or a requirement otherwise adopted or specified under subsection (2) may specify locations where emergency coastal protection works may be placed and must not be placed.

(5) In the event of an inconsistency between:

(a) the regulations and an emergency action subplan or a requirement adopted by the Minister (as referred to in subsection (2) (e)), the regulations prevail to the extent of the inconsistency, and

(b) an emergency action subplan and a requirement adopted by the Minister (as referred to in subsection (2) (e)), the emergency action subplan prevails to the extent of the inconsistency.