COASTAL PROTECTION AND MANAGEMENT ACT 1995 - As at 1 March 2023 - Act 41 of 1995
- As at 1 March 2023
- Act 41 of 1995
Table of Provisions
CHAPTER 1 - PRELIMINARY
PART 1 - INTRODUCTION
- 1 Short title
- 2 Commencement
PART 2 - OBJECTS AND ACHIEVEMENT OF COASTAL MANAGEMENT
- 3 Main objects of Act
- 4 How objects of Act are to be achieved
- 5 Advancing Act’s objects
PART 3 - INTERPRETATION
Division 1 - Dictionary
- 7 Meaning of access channel
- 8 Meaning of artificial waterway
- 9 Meaning of canal
- 10 Meaning of coast
- 11 Meaning of coastal management
- 12 Meaning of coastal resources
- 13 Meaning of coastal waters
- 14 Meaning of coastal wetlands
- 15 Meaning of coastal zone
- 16 Meaning of ecologically sustainable development
- 17 Meaning of State coastal land
Division 3 - General
- 18 Aboriginal people and Torres Strait Islanders particularly concerned with land
PART 3A - COASTAL ZONE MAP
- 18A What is the coastal zone map
- 18B Amending the coastal zone map
- 18C When coastal zone map takes effect
- 18D Public inspection and purchase of coastal zone map
PART 4 - APPLICATION OF ACT
CHAPTER 2 - COASTAL MANAGEMENT
PART 1 - COASTAL PLAN
Division 1 - Requirement for coastal plan
- 20 Coastal plan must be prepared
- 21 Content of coastal plan
- 22 Process for making, amending or replacing coastal plan
- 23 Compliance with divs 2 and 3 and regulation under s 22(2)
Division 2 - Making coastal plan
- 24 Preparation of draft coastal plan
- 25 Notice about draft coastal plan
- 26 Keeping draft coastal plan available for inspection
- 27 Making coastal plan
- 28 Notice about making coastal plan
Division 3 - Amending or replacing coastal plan
- 29 Administrative amendments
- 30 Other amendments
- 31 Replacement of coastal plan
Division 4 - When coastal plan or amendment has effect
- 32 When coastal plan or amendment has effect
- 33 Duration of coastal plan
Division 5 - Miscellaneous
- 34 Implementation of coastal plan
- 35 Effect of coastal plan
- 36 Public inspection and purchase of coastal plan or draft coastal plan
PART 2 - (Repealed)
PART 3 - COASTAL MANAGEMENT DISTRICTS
Division 1 - Declaration, amendment, amalgamation and abolition of coastal management districts
- 54 Declaration of coastal management districts
55. (Repealed)
- 56 Things to be considered when declaring coastal management districts
- 57 Notice declaring, changing or abolishing coastal management district
- 58 Amendment, amalgamation and abolition of coastal management districts
- 58A Amendment of coastal management districts in s 169
Division 2 - Coastal protection and tidal works notices
- 59 Coastal protection notices
- 60 Tidal works notices
- 61 Chief executive may take required action
- 62 Forfeiture of property
- 63 Record of coastal protection or tidal works notice in land registry
- 64 Owner of land and builder jointly liable
- 65 Notice binding on purchaser
Division 3 - General provisions about coastal management districts
- 66 Coastal building line
- 67 Placing signs on unallocated State land
- 68 Temporary occupation of land
Division 4 - Offence about damaging vegetation on State coastal land
- 69 Damaging or removing vegetation, or damaging coastal dunes
PART 4 - EROSION PRONE AREAS
- 70 Declaration of erosion prone areas
- 71 Amending erosion prone areas
- 72 Local governments to keep copies of documents
PART 5 - QUARRY MATERIALS
Division 1 - Allocation of quarry materials
Subdivision 1 - Obtaining allocations
- 73 Applications for allocation of quarry material
- 74 Additional information for applications
- 75 Criteria for deciding applications
- 76 Deciding applications
- 77 Selling allocation of quarry material by auction or tender
Subdivision 2 - Content and conditions of allocation notices
- 78 Content of allocation notices
- 79 Conditions of allocation notice
- 80 Allocation holder to give information
Subdivision 3 - (Repealed)
Subdivision 4 - Transferring or renewing allocations
- 82 Application to transfer allocation
- 82A Deciding application to transfer allocation
- 83 Application to renew allocation
- 83A Deciding application to renew allocation
Subdivision 5 - Amending, suspending or cancelling allocation notices
- 84 Amendment—grounds
- 85 Suspension or cancellation—grounds
- 86 Amendment, suspension or cancellation—procedure
- 87 Notice and effect of amendment, suspension or cancellation of allocations
Subdivision 6 - Surrender of allocation
- 88 Surrender
Division 2 - (Repealed)
Division 2 - (Repealed)
Division 3 - Offences
- 101 Removing quarry material
Division 4 - General
- 102 Royalty or price for quarry material
Division 1 - (Repealed)
Division 2 - (Repealed)
Division 3 - Land surrender
Subdivision 1 - Preliminary
- 109 Definitions for division
Subdivision 2 - Land surrender requirements
- 110 Application of subdivision
- 111 Notice of proposed land surrender requirement
- 112 Decision whether to require surrender of land
- 113 Land surrender requirement
- 114 Effect on decisions or actions if relevant application is refused or development approval stops having effect
- 115 Land surrender requirement can not be given in particular circumstances
- 115AA Compliance with land surrender requirement
Subdivision 3 - Voluntary land surrender
- 115A Applicant may surrender land voluntarily
Subdivision 4 - Giving effect to surrender
- 115B Surrendered land to be dedicated for coastal management purposes
Subdivision 1 - Canals
- 116 Canals—surrender to the State
Subdivision 2 - (Repealed)
Subdivision 3 - Plans of subdivision
- 119 Requirements for plans of subdivision
- 120 Registration of instruments—construction of artificial waterways
Division 5 - (Repealed)
PART 7 - MISCELLANEOUS
- 121 Maintenance of canals
- 122 Canal waters are part of coastal management district
- 123 Right to occupy and use land on which particular tidal works were, or are to be, carried out
- 124 Obligation to keep particular structure in safe condition
CHAPTER 3 - INVESTIGATION AND ENFORCEMENT
PART 1 - ADMINISTRATION GENERALLY
- 125 Appointment of authorised persons
- 126 Investigative functions of authorised persons
- 127 Qualifications for appointment
- 128 Conditions and terms of appointment
- 129 Powers of authorised persons
- 130 Issue of identity cards
- 131 Production or display of identity card
- 132 Failure to return identity card
- 133 Protection from liability
PART 2 - INSPECTION AND OTHER POWERS
Division 1 - Power of entry
- 134 Power to enter land
- 135 Authorised person to give notice of damage
- 136 Compensation
Division 2 - General investigative powers
- 137 Power to require name and address
- 138 Failure to give name or address
Division 3 - General
- 139 False or misleading statements
- 140 False, misleading or incomplete documents
- 141 Obstructing authorised persons
- 142 Impersonating authorised persons
CHAPTER 4 - LEGAL PROCEEDINGS
PART 1 - EVIDENCE
- 143 Evidentiary provisions
PART 2 - PROCEEDINGS FOR OFFENCES
- 144 Indictable and summary offences
- 145 Proceedings for indictable offences
- 146 Limitation on who may summarily hear indictable offence proceedings
- 147 Limitation on time for starting summary proceedings
PART 3 - RESTRAINT ORDERS
- 148 Restraint of contraventions of Act etc.
- 149 Power of court to make order pending final decision in proceeding
CHAPTER 5 - ADMINISTRATION
PART 1 - COMPENSATION
- 150 When compensation is payable
- 151 Matters for which compensation is not payable
- 152 How to claim compensation
- 153 Deciding compensation payable
- 154 What is reasonable compensation
- 155 Payment of compensation
- 156 Time for starting appeal
- 157 Decision by court
- 158 Payment of compensation to be recorded
PART 2 - APPEALS
- 159 Who may appeal
- 160 How to start appeal
- 161 Appellant to give notice of appeal
- 162 Stay of operation of decision
- 163 Hearing procedures
- 164 Powers of court on appeal
PART 2A - PLANNING AND ENVIRONMENT COURT DECLARATIONS
- 164A Planning and Environment Court may make declarations
PART 3 - MISCELLANEOUS
- 165 Delegation by chief executive
- 166 State of the coastal zone report
- 167 Regulation-making power
CHAPTER 6 - TRANSITIONAL PROVISIONS
PART 1 - TRANSITIONAL PROVISION FOR ORIGINAL ACT (NO. 41 OF 1995)
- 168 Transition of control districts
PART 2 - TRANSITIONAL PROVISIONS FOR COASTAL PROTECTION AND MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2001
Division 1 - Coastal management districts
- 169 Control districts taken to be coastal management districts
- 170 Declaration about coastal management districts in areas covered by regional plans
Division 2 - Authorities, permits and approvals under Harbours Act, Beach Protection Act and Canals Act
- 171 Continuing effect of authorities under Harbours Act
- 172 Continuing effect of right to use and occupy
- 173 Continuing effect of permits under Beach Protection Act, section 44
- 174 Continuing effect of a consent under Beach Protection Act, section 45
- 175 Continuing effect of permits under Beach Protection Act, section 47
- 176 Continuing effect of approvals under Canals Act
- 176A References to certification and notification under the repealed Canals Act, s 8(1)
- 177 Relationship to particular Planning Act provisions
Division 3 - Dredging permits
- 178 Continuing effect of dredging permits
Division 4 - Applications in progress
- 179 Effect of commencement on certain applications
- 180 When certain applications lapse
181. (Repealed)
Division 5 - Dissolution of Beach Protection Authority
- 182 Dissolution of Beach Protection Authority
- 183 References to Beach Protection Authority
Division 6 - Erosion prone areas
- 184 Transition of areas specified in erosion prone area plans
Division 7 - Coastal management plans under Beach Protection Act
- 185 Transition of coastal management plans
PART 3 - (Repealed)
PART 4 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2004
- 187 Planning Act applies to all development relating to the construction of canals
- 188 Applications to reconfigure a lot in a coastal management district
- 189 Particular permits under the Beach Protection Act
- 190 Assessment manager for particular applications
- 191 When particular applications lapse
PART 5 - TRANSITIONAL PROVISIONS FOR SUSTAINABLE PLANNING ACT 2009
- 192 Application of s 53
- 193 Responsible entity for request to change deemed approval
- 194 Continuing application of particular provisions
PART 6 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2011
- 195 Definition for pt 6
- 196 Continuation of coastal zone
- 197 Continuation of existing coastal plans
- 198 Dissolution of coastal protection advisory council
- 199 Application of s 80 for existing allocations for quarry material
- 200 Existing dredge management plan applications
- 201 Existing approved dredge management plans
- 201A Removal of quarry material under dredge management plans
- 202 Continuing effect of Governor in Council approval of land surrender condition
- 203 Application of ss 123 and 124 to particular works in a watercourse
- 204 Development applications not decided on commencement that relate to tidal works
- 205 Definitions for part
- 206 Change application for deemed approval
- 207 Existing particular development applications
- 208 Development approval that includes a land surrender condition