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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 26 June 2017 at 13:51)
Part 4C Division 2 Section 55T
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.