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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 29 April 2017 at 17:33)
Part 5
Part 5 General
56   (Repealed)
56A   Restoration orders
(1)  The Land and Environment Court, in proceedings under this Act, may order a person to take such steps as are specified in the order, within such time as is so specified (or such further time as the Court on application may allow):
(a)  to prevent, control, abate or mitigate any harm to the environment or any loss of amenity caused by anything done or omitted to be done by the person, or
(b)  to make good any resulting environmental damage, or
(c)  to prevent the continuance or recurrence of any such harm to the environment or any such loss of amenity.
(2)  Without limiting subsection (1), the Court may order a person to remove or clean up material dumped during or following a beach erosion event.
(3)  In this section, environment and harm have the same meanings as in the Protection of the Environment Operations Act 1997.
56B   (Repealed)
57   Offences against this Act and the regulations
(1)  Where any matter or thing is by or under this Act, other than by or under the regulations, directed or forbidden to be done, or where a Minister or other person or body is authorised by or under this Act, other than by or under the regulations, to direct any matter or thing to be done, or to forbid any matter or thing to be done, and that matter or thing if so directed to be done remains undone, or if so forbidden to be done is done, a person offending against that direction or prohibition shall be guilty of an offence against this Act.
(2)  Where any matter or thing is by or under the regulations directed or forbidden to be done, or where a Minister or any other person or body is authorised by the regulations to direct any matter or thing to be done, or to forbid any matter or thing to be done, and that matter or thing if so directed to be done remains undone, or if so forbidden to be done is done, a person offending against that direction or prohibition shall be guilty of an offence against the regulations.
58   Penalties
(1)  A person guilty of an offence against this Act for which a specific penalty is not provided shall be liable to a penalty not exceeding 4,500 penalty units (in the case of a corporation) or 2,250 penalty units (in any other case).
(2)  A person guilty of an offence against the regulations shall be liable to a penalty not exceeding 400 penalty units (in the case of a corporation) or 200 penalty units (in any other case).
59   Proceedings for offences
(1)  Proceedings for an offence against this Act (other than an offence against section 55K or 55VC or Part 4D) or the regulations may be taken before the Local Court.
(2)  Proceedings for an offence against section 55K or 55VC or Part 4D of this Act may be taken before the Land and Environment Court.
(3)  Proceedings for an offence under this Act may be commenced within but not later than 12 months after the date on which the offence is alleged to have been committed.
59A   Continuing offences
(1)  A person who is guilty of an offence because the person contravenes a requirement made by or under this Act or the regulations (whether the requirement is imposed by an order or otherwise) to do or cease to do something (whether or not within a specified period or before a particular time):
(a)  continues, until the requirement is complied with and despite the fact that any specified period has expired or time has passed, to be liable to comply with the requirement, and
(b)  is guilty of a continuing offence for each day the contravention continues.
(2)  This section does not apply to an offence if the relevant provision of this Act or the regulations does not provide for a penalty for a continuing offence.
(3)  This section does not apply to the extent that a requirement of an order is revoked.
59B   Penalty notices
(1)  An authorised officer may serve a penalty notice on a person if it appears to the officer that the person has committed an offence against this Act or the regulations, being an offence prescribed by the regulations as a penalty notice offence.
(2)  A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person can pay, within the time and to the person specified in the notice, the amount of the penalty prescribed by the regulations for the offence if dealt with under this section.
(3)  A penalty notice under this section is declared to be a penalty notice for the purposes of the Fines Act 1996.
(4)  A penalty notice may be served personally or by post.
(5)  If the amount of penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the alleged offence.
(6)  Payment under this section is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.
(7)  The regulations may:
(a)  prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and
(b)  prescribe the amount of penalty payable for the offence if dealt with under this section, and
(c)  prescribe different amounts of penalties for different offences or classes of offences.
(8)  The amount of a penalty prescribed by the regulations under this section for an offence is not to exceed the maximum amount of penalty that could be imposed for the offence by a court.
(9)  This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
60   Regulations
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
61   Service of notices
(1)  For the purposes of this Act, any notice or other document may be issued or given to a person, or may be served on a person:
(a)  by delivering it personally to the person, or
(b)  by delivering it to the place of residence or business of the person and by leaving it there for the person with some other person, or
(c)  by sending it by post addressed to the person at the place last shown in the records of the authority concerned as the person’s place of residence or business, or
(d)  by sending it by post addressed to the person at the place indicated by the person as an address to which correspondence may be posted (including for example a post office box), or
(e)  by sending it by facsimile or electronic transmission (including for example the Internet) to the person in accordance with arrangements indicated by the person as appropriate for transmitting documents to the person, or
(f)  by leaving it addressed to the person at a document exchange or other place (in accordance with usual arrangements for the exchange or other place) indicated by the person as an exchange or place through which correspondence may be forwarded to the person.
(2)  This section does not affect any other mode of issuing, giving or serving a notice or other document under any other law.
62   Savings, transitional and other provisions
Schedule 1 has effect.
63   Delegation
The Minister may delegate the exercise of any function of the Minister under this Act (other than a function of the Minister as a Coastal Authority or this power of delegation) to:
(a)  any member of staff of the Office, or
(b)  any person, or any class of persons, authorised for the purposes of this section by the regulations.
64   Review of Part 4C of Act
(1)  The Minister is to review Part 4C of this Act to determine whether the policy objectives of the Part remain valid and whether the terms of the Part remain appropriate for securing those objectives.
(2)  The review is to be undertaken as soon as possible after the period of 2 years from the date of assent to the Coastal Protection and Other Legislation Amendment Act 2010.
(3)  A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 2 years.
65   Review of Act
(1)  The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2)  The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to the Coastal Protection and Other Legislation Amendment Act 2010.
(3)  A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.