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Contents (1979 - 13)
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Coastal Protection Act 1979 No 13
Current version for 30 November 2016 to date (accessed 23 June 2017 at 10:01)
Part 3
Part 3 Use of the coastal zone
36   (Repealed)
37   Definitions
(1)  In this Part:
building includes a structure.
consent includes approval or permission.
development, in relation to the coastal zone, means:
(a)  the erection of a building within or the removal of a building from the coastal zone,
(b)  the carrying out of a work within the coastal zone,
(c)  a change of the purpose for which any part of the coastal zone or any building or work within any such part is used,
(d)  the subdivision of land within the coastal zone,
(e)  the clearing or propagation of vegetation including marine vegetation, or
(f)  any prescribed activity or any activity of a prescribed class or description.
dune includes a sandhill.
public authority includes an authorised network operator under the Electricity Network Assets (Authorised Transactions) Act 2015.
(2)  A reference in this Part to:
(a)  the erection of a building includes a reference to the rebuilding of, the making of structural alterations to, and the enlargement or extension of, a building and the placing or relocating of a building within the coastal zone,
(b)  the carrying out of a work includes a reference to the rebuilding of, the making of alterations to, and the enlargement or extension of, a work,
(c)  the subdivision of land is a reference to the subdivision of land as defined by section 4B of the Environmental Planning and Assessment Act 1979, but does not include a reference to the subdivision of land under Part 2 of the Strata Schemes Development Act 2015, and
(d)  the sea, an arm of the sea, or a bay, inlet, lagoon, lake, body of water, river, stream, watercourse, beach, dune, bed, bank, shoreline, margin or flood plain includes a reference to any part thereof.
37A   Implementation of principles of ecologically sustainable development
In exercising functions under this Part, the Minister is to promote the principles of ecologically sustainable development.
37B   Concurrence of Minister not required for certain development
The concurrence of the Minister under this Part is not required in relation to the carrying out in the coastal zone of any development (within the meaning of the Environmental Planning and Assessment Act 1979) that:
(a)  requires development consent under that Act, or
(b)  is exempt development under that Act, or
(c)  is carried out in accordance with a coastal zone management plan under Part 4A of this Act.
Note.
 The concurrence of the Minister under this Part is also not required for other development under the Environmental Planning and Assessment Act 1979 (see projects approved under Part 3A and State significant development or infrastructure).
38   General supervision of coastal zone
(1)  A public authority shall not, without the concurrence of the Minister:
(a)  carry out any development in the coastal zone, or
(b)  grant any right or consent to a person:
(i)  to use or occupy any part of the coastal zone, or
(ii)  to carry out any development in the coastal zone,
if, in the opinion of the Minister, as advised from time to time by the Minister to the public authority, the development or the use or occupation may, in any way:
(b1)  be inconsistent with the principles of ecologically sustainable development, or
(c)  adversely affect the behaviour or be adversely affected by the behaviour of the sea or an arm of the sea or any bay, inlet, lagoon, lake, body of water, river, stream or watercourse, or
(d)  adversely affect any beach or dune or the bed, bank, shoreline, foreshore, margin or flood plain of the sea or an arm of the sea or any bay, inlet, lagoon, lake, body of water, river, stream or watercourse.
(2)  The Governor may, by order published in the Gazette, declare that subsection (1) does not, to the extent specified in the order, apply to such area within the coastal zone as is specified or described in the order, and subsection (1) ceases to apply accordingly.
(3)  If:
(a)  a public authority (the developer authority) is required to obtain the concurrence of the Minister to carry out any development in the coastal zone under subsection (1) (a), and
(b)  the developer authority is required under any law to obtain a grant of a right or consent from another public authority (the approval authority) to carry out that development, and
(c)  the approval authority is required to obtain the concurrence of the Minister to the grant of the right or consent under subsection (1) (b),
concurrence by the Minister to the carrying out of the development by the developer authority is taken to also be concurrence to the grant of the right or consent by the approval authority.
(4)  This section does not apply to the use or occupation of any part of the coastal zone, or the carrying out of any development in the coastal zone, for the placement or maintenance of temporary coastal protection works.
39   Special provisions respecting coastal development
(1)  The Governor, on the recommendation of the Minister, may, by order published in the Gazette, in respect of such area within the coastal zone as is specified or described in the order, provide that a public authority so specified shall not, without the concurrence of the Minister:
(a)  carry out in the area development or development of such class or description as is so specified or described, or
(b)  grant any right or consent to a person to use or occupy the whole or any part of the area or to carry out in the area any development or development of such class or description as is so specified or described.
(2)  The Governor, on the recommendation of the Minister, may, by regulation, in respect of such area within the coastal zone as is specified or described in the regulation, make provisions (whether by reference to the functions of a public authority or otherwise) regulating, controlling or prohibiting the use or occupation of the area or the carrying out of development in the area.
(3)  The provisions of a regulation made pursuant to subsection (2) do not apply to or in respect of an area that is subject to an environmental planning instrument within the meaning of the Environmental Planning and Assessment Act 1979 other than a State environmental planning policy.
(4)  The Minister shall not make a recommendation for the purposes of this section unless the Minister certifies to the Governor that the Minister is satisfied that the order or regulation relates only to development, or the use or occupation of an area that may, in any way:
(a1)  be inconsistent with the principles of ecologically sustainable development, or
(a)  adversely affect the behaviour or be adversely affected by the behaviour of the sea or an arm of the sea or any bay, inlet, lagoon, lake, body of water, river, stream or watercourse, or
(b)  adversely affect any beach or dune or the bed, bank, shoreline, foreshore, margin or flood plain of the sea or an arm of the sea or any bay, inlet, lagoon, lake, body of water, river, stream or watercourse.
(5)  If:
(a)  a public authority (the developer authority) is required to obtain the concurrence of the Minister to carry out any development in the coastal zone under subsection (1) (a), and
(b)  the developer authority is required under any law to obtain a grant of a right or consent from another public authority (the approval authority) to carry out that development, and
(c)  the approval authority is required to obtain the concurrence of the Minister to the grant of the right or consent under subsection (1) (b),
concurrence by the Minister to the carrying out of the development by the developer authority is taken to also be concurrence to the grant of the right or consent by the approval authority.
(6)  Subsection (1) does not apply to the carrying out of any development in the coastal zone for the placement or maintenance of temporary coastal protection works.
40   Seeking concurrence of Minister
(1)  Where provision is made by or under this or any other Act that a public authority shall not, without the concurrence of the Minister, carry out development in the coastal zone and the public authority proposes to carry out the development, it shall, unless the concurrence of the Minister may be assumed under section 43, notify the Minister, in writing, of the proposal.
(2)  Where provision is made by or under this or any other Act that a public authority shall not, without the concurrence of the Minister, grant any right or consent to a person to use or occupy any part of the coastal zone or to carry out any development in the coastal zone, the public authority shall, unless the concurrence of the Minister may be assumed under section 43:
(a)  forward a copy of any application made for the grant of the right or consent to the Minister, and
(b)  notify the applicant of the action taken by it under paragraph (a).
41   Granting or refusal of concurrence
The Minister may, in respect of a proposal of which the Minister has been notified under section 40 (1) or an application of which a copy has been forwarded to the Minister under section 40 (2):
(a)  give concurrence, either unconditionally or subject to conditions, or
(b)  refuse concurrence.
42   Period for consideration by Minister of proposal or application
(1)  The Minister shall inform a public authority which has, under section 40 (1), notified the Minister of a proposal or which has, under section 40 (2), forwarded to the Minister a copy of an application of the Minister’s decision with respect to the proposal or application:
(a)  except as provided by paragraph (b)—within a period of 21 days after being notified of the proposal or receiving a copy of the application, or
(b)  where, within the period referred to in paragraph (a), the Minister sends by post to the public authority and, in the case of an application, to the applicant, a notice informing it or them, as the case may be, that the Minister is unable to deal with the proposal or application within that period and specifies in that notice a longer period within which the Minister will deal with the proposal or application—within the longer period.
(2)  Where the Minister does not inform a public authority referred to in subsection (1) of the Minister’s decision with respect to a proposal or application within the period referred to in subsection (1) (a), or the longer period referred to in subsection (1) (b), as the case may be, the public authority may carry out the development or grant the right or consent the subject of the proposal or application, as the case may be, without the concurrence of the Minister.
(3)  The amendment made to subsection (1) by the Environmental Planning and Assessment Amendment Act 2008 does not apply in relation to any proposal or application that has been notified or forwarded to the Minister before the commencement of that amendment.
43   Circumstances in which concurrence may be assumed
(1)  Where provision is made by or under this or any other Act that a public authority shall not, without the concurrence of the Minister, carry out development in the coastal zone or grant any right or consent to a person to use or occupy any part of the coastal zone or to carry out any development in the coastal zone, the Minister may inform the public authority, by notification in writing, that the Minister’s concurrence may be assumed subject to the conditions, if any, specified in the notification with respect to the use or occupation, the class or description of use or occupation to which the use or occupation belongs, the development or the class or description of development to which the development belongs, as the case may be.
(2)  The Minister may, by notification in writing given to a public authority, amend or revoke a notification given by the Minister to the public authority under subsection (1).
(3)  Where, in accordance with a notification given to it under this section, a public authority carries out development or grants any right or consent, the carrying out of the development or the granting of the right or consent is as valid and effective as if the public authority had obtained the concurrence of the Minister in accordance with sections 40, 41 and 42.
44   Matters for consideration in relation to concurrence
In determining any matter relating to the granting or refusal of a concurrence required by or under this or any other Act, the Minister shall have regard only to whether or not the development or the use or occupation of the coastal zone in respect of which the concurrence is required may, in any way:
(a1)  be inconsistent with the principles of ecologically sustainable development, or
(a)  adversely affect the behaviour or be adversely affected by the behaviour of the sea or an arm of the sea or any bay, inlet, lagoon, lake, body of water, river, stream or watercourse, or
(b)  adversely affect any beach or dune or the bed, bank, shoreline, foreshore, margin or flood plain of the sea or an arm of the sea or any bay, inlet, lagoon, lake, body of water, river, stream or watercourse.
45   Implementation of concurrence
(1)  Where a public authority grants, with the concurrence of the Minister, any right or consent to a person to use or occupy any part of the coastal zone or to carry out any development in the coastal zone, the grant of the right or consent shall be:
(a)  in respect of a concurrence given under section 41 (a)—subject to the conditions, if any, of the concurrence, and
(b)  in respect of a concurrence given pursuant to a notification under section 43—subject to the conditions, if any, specified pursuant to section 43 (1) in the notification.
(2)  Nothing in subsection (1) affects the right of a public authority to impose conditions, not inconsistent with the conditions referred to in that subsection, in granting a right or consent so referred to.
46   Reasons
Except where the concurrence of the Minister in accordance with this Part is given unconditionally, the Minister shall inform a public authority of the reasons for the Minister’s decision with respect to:
(a)  a proposal of which the Minister has been notified by the public authority under section 40 (1),
(b)  an application a copy of which has been forwarded to the Minister by the public authority under section 40 (2), or
(c)  a notification given to the public authority under section 43,
and the public authority shall inform any applicant for a grant of a right or consent in respect of which the reasons are given of those reasons.
47   Rights of Minister on appeal
(1)  In this section, appeal includes objection, reference or review.
(2)  Where, under any law, a right of appeal is exercised by any person with respect to the determination by a public authority of an application for the grant of any right or consent to use or occupy any part of the coastal zone or to carry out any development in the coastal zone in respect of which the concurrence of the Minister is required by or under this Part, the Minister may appear and be heard on the hearing of the appeal as if the Minister were a party to the appeal.
48–50   (Repealed)
51   Enforcement by notice
(1)  Without derogating from the rights of the Minister under any other law, where a person does any thing without or otherwise than in accordance with a concurrence of the Minister required by or under this or any other Act, the Minister may serve a notice on that person requiring the person:
(a)  to refrain from doing that thing,
(b)  to do that thing in such manner specified in the notice as, in the opinion of the Minister, is necessary to ensure that the coastal zone or any part of the coastal zone is not adversely affected thereby, or
(c)  to do such other things specified in the notice in such manner and within such time, if any, as may be so specified as, in the opinion of the Minister, is necessary to ensure that the coastal zone or any part of the coastal zone is restored to the condition it was in before that thing was done.
(2)  A notice under subsection (1) may require the demolition or removal of a building or work in whole or part.
(3)  A person shall comply with a notice served on the person under subsection (1).
(4)  If a person on whom a notice under subsection (1) is served fails to comply with the notice, the Minister may do all such things as are required by the notice and may recover the costs and expenses of so doing from the person as a debt in any court of competent jurisdiction.
(5)  A notice under subsection (1) may be served:
(a)  in the case of an individual:
(i)  by delivering it to the individual, or
(ii)  by sending it by prepaid post addressed to the individual at his or her usual or last known place of abode or his or her last known place of business, or
(b)  in the case of a person not being an individual:
(i)  by leaving it at the person’s place of business, or, if the person is a corporation, at the registered office of the corporation, with a person apparently in the service of the person on whom the notice is to be served and apparently not less than 16 years of age, or
(ii)  by sending it by prepaid post to the person at the person’s last known place of business.
(6)  Notice shall, in respect of a notice sent by prepaid post in accordance with subsection (5) (a) (ii) or (b) (ii), be deemed to have been given at the time at which the notice would be delivered in the ordinary course of post.
52   Enforcement by direction to public authority
(1)  Without affecting or derogating from any function of the Minister under any law, the Minister may direct a public authority having functions under any Act in respect of the implementation or enforcement of any law relating to the use or occupation or the carrying out of development in the coastal zone to exercise those functions at such time and in such manner (not inconsistent with any provision made by or under the Act by which the function is conferred or imposed) as may be specified in the direction where any part of the coastal zone is used or occupied or development in any part of the coastal zone is carried out without or otherwise than in accordance with a concurrence of the Minister required by or under this or any other Act.
(2)  The Minister shall not give a direction to a public authority under subsection (1) to exercise a function conferred or imposed under a provision of an Act without first having obtained the consent of the Minister administering that provision.
(3)  A public authority shall comply with a direction given to it under subsection (1) in accordance with the terms of the direction.
53   (Repealed)