Coastal Protection Act 1979 No 13
Part 1 Preliminary
1 Name of Act
This Act may be cited as the Coastal Protection Act 1979.
(1) This section and section 1 shall commence on the date of assent to this Act.(2) Except as provided in subsection (1), the several provisions of this Act shall commence on such day or days as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.
3 Objects of this Act
The objects of this Act are to provide for the protection of the coastal environment of the State for the benefit of both present and future generations and, in particular:(a) to protect, enhance, maintain and restore the environment of the coastal region, its associated ecosystems, ecological processes and biological diversity, and its water quality, and(b) to encourage, promote and secure the orderly and balanced utilisation and conservation of the coastal region and its natural and man-made resources, having regard to the principles of ecologically sustainable development, and(c) to recognise and foster the significant social and economic benefits to the State that result from a sustainable coastal environment, including:(i) benefits to the environment, and(ii) benefits to urban communities, fisheries, industry and recreation, and(iii) benefits to culture and heritage, and(iv) benefits to the Aboriginal people in relation to their spiritual, social, customary and economic use of land and water, and(d) to promote public pedestrian access to the coastal region and recognise the public’s right to access, and(e) to provide for the acquisition of land in the coastal region to promote the protection, enhancement, maintenance and restoration of the environment of the coastal region, and(f) to recognise the role of the community, as a partner with government, in resolving issues relating to the protection of the coastal environment, and(g) to ensure co-ordination of the policies and activities of the Government and public authorities relating to the coastal region and to facilitate the proper integration of their management activities, and(h) to encourage and promote plans and strategies for adaptation in response to coastal climate change impacts, including projected sea level rise, and(i) to promote beach amenity.
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:means a person who is appointed as an authorised officer under section 7.beach means the area of unconsolidated or other readily erodable material between the highest level reached by wave action and the place where tidal or lake waters reach a depth of 10 metres below Australian Height Datum.Chief Executive means the Chief Executive of the Office.—see section 6.coastal hazard means the following:(a) beach erosion,(b) shoreline recession,(c) coastal lake or watercourse entrance instability,(d) coastal inundation,(e) coastal cliff or slope instability,(f) tidal inundation,(g) erosion caused by tidal waters, including the interaction of those waters with catchment floodwaters.Coastal Panel means the NSW Coastal Panel established under Part 2A.coastal protection works means activities or works to reduce the impact of coastal hazards on land adjacent to tidal waters and includes seawalls, revetments, groynes and beach nourishment.coastal region includes the coastal zone.coastal zone means:(a) the area within the coastal waters of the State as defined in Part 10 of the Interpretation Act 1987 (including any land within those waters), and(b) the area of land and the waters that lie between the western boundary of the coastal zone (as shown on the maps outlining the coastal zone) and the landward boundary of the coastal waters of the State, and(c) the seabed (if any) and the subsoil beneath, and the airspace above, the areas referred to in paragraphs (a) and (b).Note.The coastal zone consists of the area between the western boundary of the coastal zone shown on the maps outlining the coastal zone and the outermost boundary of the coastal waters of the State. The coastal waters of the State extend, generally, to 3 nautical miles from the coastline of the State.coastal zone management plan means a coastal zone management plan made under Part 4A.council means a council or a county council within the meaning of the Local Government Act 1993.—see section 4C.emergency action subplan means that part of a coastal zone management plan that deals with the matter referred to in section 55C (1) (b) (emergency action during periods of beach erosion).functions includes powers, authorities and duties.landowner or owner of land, in relation to land that is part of a strata scheme (within the meaning of the Strata Schemes Management Act 2015), means, for the purposes of Parts 4C and 4D, the relevant owners corporation.Office means the Office of Environment and Heritage.principles of ecologically sustainable development means the principles of ecologically sustainable development described in section 6 (2) of the Protection of the Environment Administration Act 1991.means a Minister of the Crown of the State, a department or instrumentality of the State, a council and any other public or local authority constituted by or under any Act, and includes any prescribed body.public land means:(a) Crown land within the meaning of the Crown Lands Act 1989 or land within a reserve as defined in Part 5 of that Act, orbut does not include any land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act.(b) land owned or under the care, management or control of a council or a public authority,regulation means a regulation made under this Act.relevant local council, in relation to temporary coastal protection works and coastal protection works, means:(a) if the works are within the area of a council—that council, or(b) if the works are not within the area of any council—the council whose area is nearest to the works.residential building means a building (such as a dwelling-house or residential flat building) that is solely or principally used for residential purposes.road work has the same meaning as in the Roads Act 1993.temporary coastal protection works—see Division 1 of Part 4C.Note.The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.(2) A reference in this Act to the exercise of a function includes, where the function is a duty, the performance of that duty.(3) Notes included in this Act do not form part of this Act.
4A Meaning of maps outlining coastal zone
(1) A reference to maps outlining the coastal zone is a reference to:(a) the maps approved for the purposes of this Act by the Minister, and(b) if those maps are amended or replaced by further maps so approved by the Minister, the maps as so amended or replaced.Editorial note.For approvals published in the Gazette, see Gazette No 140 of 18.11.2005, p 9629. This does not constitute a complete list of approvals.(2) The Minister is to ensure, when approving of maps for the purposes of this Act, that the western boundary of the coastal zone is determined in accordance with the principles set out in subsection (3).(3) The following principles apply to the determination of the western boundary of the area to be included in the coastal zone as referred to in subsection (2):(a) the boundary is to be generally one kilometre landward of the western boundary of the coastal waters of the State,(b) the boundary is to be generally one kilometre landward around any bay, estuary, coastal lake or lagoon,(c) the boundary is to follow the length of any coastal river inland generally at a distance of one kilometre from each bank of the river:(i) to one kilometre beyond the limit of any recognised mangroves on or associated with the river, or(ii) if there are no such recognised mangroves—to one kilometre beyond the tidal limit of the river,(d) the boundary is to be shown to the nearest cadastral boundary or easily recognisable physical boundary (determined in consultation with relevant councils),(e) the boundary is to exclude:(i) those parts of the local government areas of Pittwater, Warringah, Manly, Woollahra, Waverley, Randwick and Sutherland that are not, and are not likely to be, affected by and that do not, and are not likely to, affect coastal processes, including coastal wave and wind action, and(ii) the waters of Sydney Harbour and Botany Bay.(4) In this section, recognised mangroves means mangroves shown on maps prepared in 1985 by the Public Service agency having the responsibility for the administration of fisheries, as updated by that Public Service agency from time to time.
4B Inspection of maps outlining coastal zone
(1) The Secretary of the Department of Planning and Environment must ensure that:(a) the maps outlining the coastal zone are available for inspection during normal office hours at the principal office of that Department, and(b) at each of the relevant regional offices of that Department, such of the maps outlining the coastal zone that relate to the region are available for inspection during normal office hours.(2) (Repealed)(3) The council of a local government area that is within, or partly within, the coastal zone must ensure that such of the maps outlining the coastal zone that relate to that area or a part of that area are available for inspection during normal office hours at the principal office of the council.
4C Designated authorities for land
The following Coastal Authorities are designated authorities for land for the purposes of this Act:(a) in relation to all land—the Minister,(b) in relation to land within a local government area, or that is a beach adjacent to a local government area, of a council that is a Coastal Authority—the council,(c) in relation to Crown land within the meaning of the Crown Lands Act 1989 or land within a reserve as defined in Part 5 of that Act—the Minister administering that Act,(d) in relation to public land not referred to in paragraph (c)—the public authority that is the owner of, or has the care, control or management of, the land.
5 Act binds Crown
This Act, section 57 excepted, binds the Crown not only in right of New South Wales but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.