New South Wales Consolidated Acts

MARITIME SERVICES ACT 1935 - SECT 13TA

13TA Erosion or siltation in certain ports

(1) For the purposes of this section and section 13TB:
"prescribed land" means land that is within a distance of ten metres measured horizontally on the landward side:

(a) from the top of the bank of any non-tidal waters, or

(b) from high water mark on the shore of any tidal waters,

being in each case waters of which the bed is vested in the Board.
"prescribed work" means:

(a) excavation,

(b) removal of soil, sand, gravel, stone, rock or other material from land, or

(c) removal of a retaining wall.

"public authority" means:

(a) the Board,

(b) any other body, corporate or unincorporate, constituted by an Act where the Governor or a Minister of the Crown appoints one or more of the members of the body,

(c) a corporation sole constituted by an Act, or

(d) a council or a county council within the meaning of the Local Government Act 1993 .

(2) A person (other than a public authority) who does prescribed work on prescribed land is liable on summary conviction to a penalty not exceeding 4 penalty units unless the work is done with the written permission of the Board and in accordance with any conditions subject to which that permission is given.

(3) Where the Board is satisfied:

(a) that the bank or shore of any waters of which the bed is vested in it is being eroded or is likely to be eroded, or

(b) that any material of any kind is being deposited, or is likely to be deposited, on the bed or shore of any such waters,

by reason of or as a result of:

(c) the carrying out on any land of any prescribed work (whether or not the person carrying out the work is liable to a penalty under subsection (2)), or

(d) the demolition, collapse, partial collapse or disrepair of or any damage to, a retaining wall or other structure on any land,

the Board may give to the person prescribed by subsection (4) in relation to the land the notice prescribed by subsection (5).

(4) The person prescribed by this subsection in relation to any land is:

(a) where the land is not vested in the Crown or a public authority-the owner of the land, or

(b) where the land is vested in the Crown or a public authority and work referred to in subsection (3) (c) has been carried out on the land in connection with land not so vested:

(i) the person who carried out the work, or

(ii) the owner of the land not so vested.

(5) The notice prescribed by this subsection is a notice in writing requiring the person to whom it is given to take within a reasonable time specified in the notice such measures as are necessary to ensure:

(a) in the case referred to in subsection (3) (a)-that the erosion ceases or is prevented and that any erosion that has occurred is made good, or

(b) in the case referred to in subsection (3) (b)-that the deposit of material ceases or is prevented and that any deposited material is removed.

(6) Where any material of any kind escapes from, or is carried by natural forces from, any land on which a person:

(a) stored or accumulated that material, or

(b) carried on any work of excavation, earthmoving, material extraction, demolition, engineering or building construction,

and the material is deposited on the bed or shore of any waters of which the bed is vested in the Board, the Board may give to that person with respect to that land the notice prescribed by subsection (7).

(7) The notice prescribed by this subsection is a notice in writing requiring the person to whom it is given to take within a reasonable time specified in the notice such measures as are necessary to ensure:

(a) the prevention of any further deposit on the bed or shore of any waters the bed of which is vested in the Board of any material escaping, or carried by natural forces, from the land in respect of which it is given, and

(b) that any such material so deposited is removed.

(8) The Board may amend or revoke a notice given under this section.