New South Wales Consolidated Acts

COASTAL PROTECTION ACT 1979 - SCHEDULE 1

SCHEDULE 1 – Savings, transitional and other provisions

(Section 62)

Part 1 - General

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

Coastal Protection Amendment Act 1998

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.

(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

2 Definition of coastal zone

Any order, concurrence, condition, authorisation or notice made or given under this Act as in force immediately before the commencement of Schedule 1 [3] to the Coastal Protection Amendment Act 1998 has effect after that commencement, but only in relation to land or waters within the coastal zone (within the meaning of Part 3) after that commencement.

Part 2 - Provisions consequent on enactment of Coastal Protection Amendment Act 2002

3 Preparation of coastal zone management plan

(1) A council to which section 55B applies must submit a draft coastal zone management plan to the Minister in accordance with section 55G (1):

(a) within 12 months after it is directed by the Minister under section 55B to make a coastal zone management plan, or

(b) within such longer period as may be agreed to by the Minister.

(2) If a council fails to comply with this clause, the Minister may:

(a) make a coastal zone management plan instead of the council, and

(b) recover the cost of making the coastal zone management plan from the council.

Such a plan is taken to have been made by the council in accordance with Part 4A.

Part 3 - Provisions consequent on enactment of Statute Law (Miscellaneous Provisions) Act 2009

4 Coastal zone management plans applying to only part of a coastal zone

A coastal zone management plan that was made by a council or councils under section 55B before the commencement of section 55B (4) (as inserted by the Statute Law (Miscellaneous Provisions) Act 2009 ), that would have been validly made had that subsection been in force, is taken to have been validly made.