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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 April 2017 at 06:21)
Part 4D Section 55ZA
55ZA   Order to remove certain materials and structures unlawfully placed on beaches (other than temporary coastal protection works)
(1)  A Coastal Authority may, in respect of a beach on land for which it is a designated authority, order a person to remove material deposited by or on behalf of the person on the beach that, in the opinion of the Coastal Authority:
(a)  causes or is likely to cause increased erosion of a beach or land adjacent to a beach, or
(b)  unreasonably limits or is likely to unreasonably limit public access to a beach or headland, or
(c)  poses or is likely to pose a threat to public safety.
(2)  A Coastal Authority may order a person who is the owner or occupier of land that is on or has a frontage to a beach for which it is a designated authority:
(a)  to refrain from erecting a structure on the beach or on or near the boundary of the land and the beach, or
(b)  to remove a structure erected by or on behalf of the person on the beach or on or near the boundary of the land and the beach (not being a structure lawfully erected before the commencement of this section),
if the structure, in the opinion of the Coastal Authority:
(c)  causes or is likely to cause increased erosion of a beach or land adjacent to a beach, or
(d)  unreasonably limits or is likely to unreasonably limit public access to a beach or headland, or
(e)  poses or is likely to pose a threat to public safety.
(3)  An order under this section that requires a person to remove material or a structure from land may, if the Coastal Authority that made the order is of the opinion that the material or structure has caused increased erosion of a beach, or land adjacent to a beach, include a requirement that the person restore the eroded beach or land concerned in accordance with:
(a)  in relation to an order made 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.
(4)  A person who carries out work in compliance with a requirement of an order given under this section by a Coastal Authority is not subject to Part 5 of the Environmental Planning and Assessment Act 1979 in carrying out the work.
(5)  Before giving an order under this section that relates to Crown land within the meaning of the Crown Lands Act 1989 or land within a reserve as defined in Part 5 of that Act, a Coastal Authority must consult the Minister administering that Act.
(6)  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.
(7)  This section does not apply in relation to temporary coastal protection works.
(8)  A council may not give an order under this section to a Minister or another public authority or to an authorised network operator under the Electricity Network Assets (Authorised Transactions) Act 2015.