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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 23 June 2017 at 00:18)
Part 4D Section 55ZC
55ZC   Orders relating to temporary coastal protection works
(1)  A Coastal Authority that is a designated authority for land on which a person has placed (or caused to be placed) temporary coastal protection works may order the person to remove, alter or repair the works and restore the land if the Coastal Authority is of the opinion that:
(a)  the works are causing increased erosion of a beach or land adjacent to a beach, or
(b)  the works unreasonably limit public access to a beach or headland, or
(c)  the works pose a threat to public safety, or
(d)  the works have ceased to be temporary coastal protection works (for example, the works have been in place for longer than the maximum period allowed for temporary coastal protection works on public land or the works are not being maintained as required by Part 4C or this Part or the requirements of the certificate under Division 2 of Part 4C that authorises the works).
(2)  A Coastal Authority that is a designated authority for land on which a person has placed (or caused to be placed) temporary coastal protection works (whether public or private land) may order the person to restore any assets or vegetation on public land that have been damaged in the course of the placement of the works.
(3)  A Coastal Authority that is a designated authority for public land on which a person has placed (or caused to be placed) temporary coastal protection works may order the person to move, alter or remove the works and restore the land if the Coastal Authority is of the opinion that the person did not take all reasonable measures:
(a)    (Repealed)
(b)  to avoid damage to assets or vegetation on the public land, or
(c)  to minimise risks to the public on the public land, or
(d)    (Repealed)
(4)  A Coastal Authority that is a designated authority for land on which a person has placed (or caused to be placed) temporary coastal protection works may order the person to restore land that is adjacent to the land on which the works were placed if the Coastal Authority is of the opinion that the adjacent land has been damaged or disturbed by:
(a)  the placement, maintenance or removal of the works, or
(b)  erosion caused by the works.
(5)  An order under this section that requires a person to restore land may include a requirement that the person restore the 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.
(6)  Before giving an order under this section relating to temporary coastal protection works on public land, a Coastal Authority must ensure that the person or body that issued the certificate under Division 2 of Part 4C for the works is aware of the intention to make the order.
(7)  Before making 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, the Coastal Authority must consult the Minister administering that Act.
(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.