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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 25 April 2017 at 20:28)
Part 4C
Part 4C Temporary coastal protection works
Division 1 Preliminary
55O   Regulatory approvals not required for temporary coastal protection works
A person does not require regulatory approval under this Act or any other law for temporary coastal protection works that comply with the requirements for those works set out in this Act.
Note.
 This means that planning and associated approvals are not required for the placement and maintenance of temporary coastal protection works that comply with the requirements for such works set out in this Act—see section 55W.
55P   Meaning of “temporary coastal protection works”
(1) General meaning In this Act, temporary coastal protection works means works comprising the placement of the following material, in compliance with the requirements of this section, on a beach, or a sand dune adjacent to a beach, to mitigate the effects of wave erosion on land:
(a)  sand, or fabric bags filled with sand, (other than sand taken from a beach or a sand dune adjacent to a beach),
(b)  other objects or material prescribed by the regulations (other than rocks, concrete, construction waste or other debris).
(2) Requirements relating to temporary coastal protection works The requirements for the placement of material as temporary coastal protection works are as follows:
(a)  the material must be placed by or on behalf of an owner of land to reduce the impact or likely impact from wave erosion on that land,
(b), (c)    (Repealed)
(d)  the material must be placed by or on behalf of the landowner in accordance with any emergency action subplan that applies to the land concerned,
(e)  in relation to material placed before 1 September 2011—the material must be placed by or on behalf of the landowner in accordance with any requirements adopted by the Minister and published in the Gazette for the purposes of this section before 1 January 2011,
(f)  the material must be placed by or on behalf of the landowner in accordance with any requirements specified in the regulations for the purposes of this section.
(3)  A requirement in an emergency action subplan or a requirement otherwise adopted or specified under subsection (2) may:
(a)  apply generally or be limited in its application by reference to specified factors or exceptions, and
(b)  apply differently according to different factors of a specified kind.
(4)  For the avoidance of doubt, a requirement in an emergency action subplan or a requirement otherwise adopted or specified under subsection (2) may specify locations where temporary coastal protection works may be placed and must not be placed.
(5)  In the event of an inconsistency between:
(a)  the regulations and an emergency action subplan or a requirement adopted by the Minister (as referred to in subsection (2) (e)), the regulations prevail to the extent of the inconsistency, and
(b)  an emergency action subplan and a requirement adopted by the Minister (as referred to in subsection (2) (e)), the emergency action subplan prevails to the extent of the inconsistency.
55Q   (Repealed)
55R   Maintenance requirements for temporary coastal protection works
(1)  Temporary coastal protection works must be maintained by or on behalf of the landowner in accordance with the following requirements:
(a)    (Repealed)
(b)  any requirements of an emergency action subplan that applies to the land concerned,
(c)  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 section before 1 January 2011,
(d)  any requirements specified in the regulations for the purposes of this section.
(2)  Works cease to be temporary coastal protection works if they are not maintained as required by this section.
(3)  A requirement in an emergency action subplan or a requirement otherwise adopted or specified under subsection (1) may:
(a)  apply generally or be limited in its application by reference to specified factors or exceptions, and
(b)  apply differently according to different factors of a specified kind.
55S   (Repealed)
Division 2 Temporary coastal protection works and public land
55T   Certificates relating to temporary coastal protection works on public land
(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 Chief Executive 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.
Note.
 See also section 55ZH for more specific provisions relating to successors in title to land.
(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 Chief Executive.
55U   Duration of certificates
A certificate under this Division does not authorise the placement of temporary coastal protection works more than 2 years after it was issued.
55V   Notification of other issuing authority
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 Chief Executive,
(b)  the Chief Executive—if the certificate was issued by a council,
(c)  the Secretary of the Department of Industry, Skills and Regional Development—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.
55VA   Maximum period allowed for temporary coastal protection works on public 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.
55VB   Public authorities not to unreasonably refuse access to public land
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.
55VC   Removal of temporary coastal protection works from public 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.
Division 3 General
55W   Placing and maintaining temporary coastal protection works not restricted by certain legislation
If a person does not require regulatory approval under this Act or any other law for temporary coastal protection works (as provided by section 55O), the following provisions apply to the works:
(a)  placing and maintaining the works is not development for the purposes of the Environmental Planning and Assessment Act 1979 and is not an activity for the purposes of Part 5 of that Act,
(b)  Division 3 of Part 7 of the Fisheries Management Act 1994 does not apply to reclamation work that is carried out for the purpose of the works,
(c)  the placement or maintenance of the works does not, despite any regulation under the Marine Estate Management Act 2014, require the consent of the relevant Ministers within the meaning of that Act,
(d)  the works may be placed and maintained on community land (within the meaning of the Local Government Act 1993) despite the provisions of any plan of management under that Act applying to that land,
(e)  section 138 (Works and structures) of the Roads Act 1993 does not apply in relation to temporary coastal protection works placed by a person on a public road, but only if:
(i)  there are no road works on the public road, and
(ii)  the public road is not used by vehicular traffic, and
(iii)  the person took all practical measures to avoid placing those temporary coastal protection works on the public road.
55X   Notice to council and others of placement of temporary coastal protection works
(1)  An owner of land must, at or about the time the temporary coastal protection works are to be placed on land, notify the following of the placing of the works:
(a)  the relevant local council,
(b)  if the works are or are about to be placed on public land—the public authority that is the owner of, or has the care, control or management of, the land.
Note.
 After placement of temporary coastal protection works Coastal Authorities may exercise powers under Part 4D to make orders relating to such works. Those orders include, where justified, orders to remove, alter or repair the works concerned.
(2)  The notification under subsection (1) is to be made in the manner and to the person or persons specified by the regulations for the purposes of this subsection.
Maximum penalty:
(a)  in the case of a corporation—100 penalty units, or
(b)  in any other case—50 penalty units.
(3)  For the purposes of subsection (1) (b), public land that is Crown land within the meaning of the Crown Lands Act 1989 or land within a reserve as defined in Part 5 of that Act is taken to be owned by, or under the care, control or management of, the Minister administering that Act.
55Y   
(Renumbered as section 55VC)
55Z   Use and occupation of adjacent private land with permission
An owner of land may use and occupy adjacent land (other than public land) for the placing, maintaining and removal of temporary coastal protection works, but only if that landowner has obtained a lease, easement, right-of-way or other interest in land from the owner of the adjacent land to use and occupy the adjacent land for that purpose.