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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 16:47)
Part 4C Division 1
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(b), (c)    (Repealed)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)