New South Wales Consolidated Acts

COASTAL PROTECTION ACT 1979 - SECT 55Z

55Z Use and occupation of other land for emergency coastal protection works

(1) Use and occupation of public land without permission A certificate under Division 2 that authorises a person to place and maintain emergency coastal protection works on land owned by the person extends to authorising the person to use and occupy public land for the placing and maintaining of the works (without obtaining a lease, licence or permit in respect of, or an easement or right-of-way in relation to, the land), but only if the person takes all reasonable measures:

(a) to avoid using or occupying the public land for the placing and maintaining of the works, and

(b) to avoid damage to assets and vegetation on the public land, and

(c) to minimise risks to the public on the public land, and

(d) to maintain reasonable public access (including access for local and public authorities) to and through the beach concerned, and

(e) to minimise disruption of the public use of the beach concerned.

(2) Use and occupation of adjacent private land with permission A certificate under Division 2 that authorises a person to place and maintain emergency coastal protection works on land owned by the person extends to authorising the person to use and occupy adjacent land (other than public land) for the placing, maintaining and removal of the works, but only if the person has obtained a lease, easement, right-of-way or other interest in land from the owner of the adjacent land to use and occupy that land for that purpose.

(3) Public authorities not to unreasonably refuse access to public land A public authority must not unreasonably refuse a person access to the public authority’s public land to enable the person to lawfully place emergency coastal protection works on land (whether public or private).