(1) A certificate under this Division authorises the certificate holder to use and occupy public land for the placing and maintaining of the temporary coastal protection works to mitigate the effects of wave erosion on the holder’s land (without obtaining a lease, licence or permit in respect of, or an easement or right-of-way in relation to, the public land).(2) An owner of land (or a person acting on behalf of, and with the written authority of, the owner of land) may apply to the relevant local council or to the Director-General for a certificate under this Division.(2A) An issuing authority must not issue a certificate unless the authority is satisfied that all reasonable measures have been taken and will be taken:(a) to avoid using or occupying the public land for the placing and maintaining of the works, and(b) to ensure reasonable public access (including access for local and public authorities) to and through the beach concerned is maintained.(3) A certificate under this Division may be issued unconditionally or subject to conditions.(3A) It is a condition of a certificate under this Division that the holder of the certificate must take all reasonable measures:(a) to avoid damage to assets and vegetation on the public land, and(b) to minimise risks to the public on the public land, and(c) to minimise disruption of the public use of the beach concerned.(4) An application for a certificate is to be accompanied by the fee determined by the Minister.(5) A certificate under this Division issued to an owner of land extends to authorise the placement of temporary coastal protection works by or on behalf of a successor in title to the land concerned.(6) For the avoidance of doubt, works are not or cease to be temporary coastal protection works for the purposes of this Act if the works are not placed or maintained, respectively, in accordance with the requirements set out in the conditions of a certificate issued under this Division.(7) A person must not make an application to an issuing authority for a certificate to authorise the placement of temporary coastal protection works if:(a) a certificate relating to the same works has been issued by another issuing authority and is in force, or(b) an application to another issuing authority in relation to the same works is pending.(7A) An issuing authority may delegate the exercise of any function of the authority under this section to:(a) an authorised officer, or(b) any person, or any class of persons, authorised for the purposes of this section by the regulations.(8) In this section:
issuing authority, in relation to an application for a certificate under this Division, means the relevant local council and the Director-General.
A certificate under this Division does not authorise the placement of temporary coastal protection works more than 2 years after it was issued.
As soon as practicable after the issue of a certificate under this Division, the person or body that issued the certificate must cause a copy of the certificate to be sent to the following:(a) the relevant council—if the certificate was issued by the Director-General,(b) the Director-General—if the certificate was issued by a council,(c) the Chief Executive of the Land and Property Management Authority—if the temporary coastal protection works are to be placed on Crown land (within the meaning of the Crown Lands Act 1989) or the placement or maintenance of those works requires the use or occupation of Crown land.
(1) The maximum period allowed for temporary coastal protection works on public land is 2 years commencing on the placement of the works.(2) Despite subsection (1), if at the expiry of the 2-year period referred to in that subsection, a development application is pending under the Environmental Planning and Assessment Act 1979 for consent to development for the purposes of coastal protection works on the public land, the maximum period allowed for the works ends:(a) where, on the final determination of that development application (including any appeals relating to that application), the application is refused—21 days after that final determination, or(b) where, on the final determination of that development application (including any appeals relating to that application), the application is granted—such further period as is specified in the consent.(3) Works cease to be temporary coastal protection works for the purposes of this Act if the works remain in place for longer than the maximum period allowed for temporary coastal protection works under this section.
A public authority must not unreasonably refuse a person access to the public authority’s public land to enable the person to lawfully place temporary coastal protection works on the land or on other public or private land.
(1) A person who has placed temporary coastal protection works (or caused such works to be placed) on public land must, before the expiry of the maximum period allowed for temporary coastal protection works, remove the works and restore the land in accordance with:(a) in relation to works placed before 1 September 2011—any requirements adopted by the Minister and published in the Gazette for the purposes of this subsection before 1 January 2011, and(b) any requirements specified in the regulations for the purposes of this subsection.
Maximum penalty:(a) in the case of a corporation—4,500 penalty units and 400 penalty units for each day the offence continues, or(b) in any other case—2,250 penalty units and 200 penalty units for each day the offence continues.(2) A person may not be found guilty both of an offence under subsection (1) and an offence for a failure to comply with an order under Part 4D in relation to the same failure to remove works or restore land.(3) If a person does not comply with subsection (1) (whether that person has been convicted of an offence in respect of the subsection or not), the Coastal Authority concerned may remove the works and restore the land. Any costs reasonably incurred by the Coastal Authority under this subsection may be recovered in a court of competent jurisdiction from the person as a debt due to the Coastal Authority.(4) This section does not apply to material deposited on a beach, or a structure erected, as part of development for which consent has been granted or that is exempt development or development that does not need consent under the Environmental Planning and Assessment Act 1979 or is an approved project within the meaning of Part 3A of that Act or approved State significant infrastructure within the meaning of Part 5.1 of that Act.(5) The removal of works and the restoration of land under subsection (3) is not an activity for the purposes of Part 5 of the Environmental Planning and Assessment Act 1979.