New South Wales Consolidated Acts

COASTAL PROTECTION ACT 1979 - SECT 55ZH

55ZH Successors in title and emergency coastal protection works

(1) If an original owner of land to whom a certificate under Division 2 of Part 4C has been issued ceases, before placing the authorised emergency coastal protection works on that land, to be the owner of that land, a successor in title is taken for the purposes of this Act to be the original owner. Such a successor in title may place and maintain those authorised emergency coastal protection works in accordance with that certificate.

Note: A person who places emergency coastal protection works may be made the subject of an order under this Part-see section 55ZC.

(2) If an original owner of land to whom a certificate under Division 2 of Part 4C has been issued ceases, after placing the authorised emergency coastal protection works on that land, but before the works are removed and the land restored in accordance with this Act, to be the owner of that land, a successor in title is taken for the purposes of this Act to be the original owner. Such a successor in title may be made the subject of an order under this Part as if the successor in title were the original owner.

(3) If an order is made under this Part requiring an original owner of land who has placed emergency coastal protection works in accordance with a certificate under Division 2 of Part 4C to carry out work in relation to the works and the original owner ceases, before the work is carried out, to be the owner of the land, a successor in title:

(a) is required to carry out that work, and

(b) to that extent, is bound by the order in the same way as the original owner (except as provided by this section).

(4) A successor in title is bound by the order under subsection (3) only if the Coastal Authority that made the order:

(a) before the land concerned was transferred-notified the relevant local council under section 55ZD (7), and

(b) has given a copy of the order to the successor in title.

(5) For the purposes of subsection (3), the specified period within which the work is required to be carried out under the order is taken to commence from the date on which the copy of the order is given to the successor in title.