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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 27 April 2017 at 05:27)
Part 4A Division 2
Division 2 Enforcement
55K   Breach of coastal zone management plan: offence
(1)  A person must not carry out work for the purpose, or that has the effect, of preventing or remediating beach erosion, or for protecting property affected or likely to be affected by beach erosion, unless the work is:
(a)  in accordance with the relevant coastal zone management plan, or
(b)  development for which consent has been granted or exempt development under the Environmental Planning and Assessment Act 1979 or 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, or
(c)  temporary coastal protection works.
Maximum penalty: 4,500 penalty units (in the case of a corporation) or 2,250 penalty units (in any other case).
(2)  However, if:
(a)  a person commits the offence under subsection (1) by placing material on a beach, or a sand dune adjacent to a beach, and
(b)  the material is material of the kind referred to in section 55P (1) (a) or (b),
the maximum penalty for the offence is 2,250 penalty units (in the case of a corporation) or 1,125 penalty units (in any other case).
55L   Breach of coastal zone management plan: restraint
(1)  The Minister or a council may bring proceedings in the Land and Environment Court for an order to remedy or restrain a breach of a coastal zone management plan.
(2)  If the Land and Environment Court is satisfied that a breach of a coastal zone management plan has been committed or that a breach of a coastal zone management plan will, unless restrained by an order of the Court, be committed, it may make such order as it thinks fit to remedy or restrain the breach.
(3)  The functions of the Land and Environment Court under this section are in addition to and not in derogation of any other functions of the Court.
(4)  In this section, a breach of a coastal zone management plan means:
(a)  a contravention of or failure to comply with a coastal zone management plan, and
(b)  a threatened or apprehended contravention of or a threatened or apprehended failure to comply with a coastal zone management plan.
(5)  This section does not apply to a breach of a coastal zone management plan that is an act or omission that is:
(a)  development for which consent has been granted, exempt development or development that does not need consent under the Environmental Planning and Assessment Act 1979 or 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, or
(b)  temporary coastal protection works.
(6)  Despite subsection (1), a council may not bring proceedings under this section to remedy or restrain a breach of a coastal zone management plan by the State or a NSW Government agency.