Contents (1979 - 13)
Coastal Protection Act 1979 No 13
Part 2 Administration
Division 1 Coastal Authorities and their authorised officers
6 Coastal Authorities
(1) For the purposes of this Act, each of the following is a Coastal Authority:(a) the Minister,(b) the Minister administering the Crown Lands Act 1989,(c) a council whose area, or part of whose area, is included within the coastal zone or whose area includes land that adjoins the tidal waters of the Hawkesbury River, Sydney Harbour and Botany Bay, and their tributaries,(d) a roads authority (within the meaning of the Roads Act 1993) for a road within the coastal zone or on land that adjoins the tidal waters of the Hawkesbury River, Sydney Harbour and Botany Bay, and their tributaries,(e) a public authority that is the owner of, or has the care, control or management of, land within the coastal zone or land that adjoins the tidal waters of the Hawkesbury River, Sydney Harbour and Botany Bay, and their tributaries (other than a State owned corporation or a reserve trust within the meaning of Part 5 of the Crown Lands Act 1989).(2) A Coastal Authority:(a) may exercise the functions of an authorised officer, and(b) when exercising those functions, has all the immunities of an authorised officer.(3) The owner of a transacted distribution system or transacted transmission system under the Electricity Network Assets (Authorised Transactions) Act 2015 is not a Coastal Authority for the purposes of this Act.
7 Appointment of authorised officers
(1) A Coastal Authority may appoint a person to be an authorised officer.(2) A Coastal Authority must not appoint a person to be an authorised officer under this section unless the person has undergone such training or has such competency as is required by the Minister.(3) In appointing authorised officers, a Coastal Authority may specify that the appointment is subject to conditions or restrictions relating to:(a) the functions that are exercisable by those officers, or(b) when, where and in what circumstances those officers may exercise functions.
8 Identification cards
(1) A Coastal Authority is to issue an identification card that complies with this section to each authorised officer.(2) The identification card must:(a) state that it is issued under this Act, and(b) give the name of the person to whom it is issued, and(c) state the date (if any) on which it expires, and(d) describe the kinds of premises to which the powers of the authorised officer extend, and(e) state any limitations on the functions that the authorised officer is authorised to exercise under this Act that are imposed by the authorised officer’s instrument of appointment.(3) Each authorised officer who is not a police officer must:(a) carry his or her identification card as an authorised officer while exercising functions under this Act, and(b) if requested to do so by any person affected by the exercise of a function by an authorised officer under this Act, produce the officer’s identification card to the person.Note.See Part 15 of the Law Enforcement (Powers and Responsibilities) Act 2002 in relation to a police officer’s obligation to produce evidence that the police officer is a police officer (unless the police officer is in uniform).(4) A person who has been issued with an identification card and who stops being an authorised officer must return his or her identification card to the appropriate Coastal Authority as soon as practicable.(5) A person must not contravene subsection (4) without reasonable excuse.Maximum penalty: 10 penalty units.
A Coastal Authority may delegate the exercise of any function of the Coastal Authority under this Act (other than this power of delegation) to:(a) an authorised officer, or(b) any person, or any class of persons, authorised for the purposes of this section by the regulations.
Division 2 Powers of authorised officers
10 General powers of authorised officers: application of Chapter 7 of Protection of the Environment Operations Act 1997
(1) An authorised officer has and may exercise the functions of an authorised officer under Chapter 7 and section 319A of the Protection of the Environment Operations Act 1997 (the POEO Act) for the following purposes:(a) for determining whether there has been compliance with or a contravention of this Act and the regulations,(b) for obtaining information or records for purposes connected with the administration of this Act and the regulations,(c) generally for administering this Act and the regulations.(2) The provisions of Chapter 7 (other than Part 7.2) and section 319A of the POEO Act apply to and in respect of this Act as if those provisions were part of this Act, subject to the following modifications:(a) references in those provisions to an authorised officer are to be read as references to an authorised officer appointed by a Coastal Authority under this Act,(b) references in those provisions to “this Act” are to be read as references to this Act,(c) references in those provisions to “the EPA” are to be read as references to a Coastal Authority,(d) a Coastal Authority is taken to be the appropriate regulatory authority for matters concerning this Act,(e) land that is a beach is taken not to be part of premises that are used only for residential purposes.(3) For the avoidance of doubt, a prosecution of a person for an offence against a provision of Chapter 7 (other than Part 7.2) of the POEO Act (as applying under this section) is to be taken as if the offence were an offence against this Act.(4) The functions that an authorised officer has under Chapter 7 of the POEO Act are, for the purposes of any provision of this Act, taken to be functions under this Act.(5) If an authorised officer has functions in respect of a matter under both Chapter 7 of the POEO Act (as applying under this section) and under any other provision of this Act, the fact that there is a restriction on the exercise of a function under this Act does not of itself operate to restrict the exercise by an authorised officer of any similar or the same function under Chapter 7 of the POEO Act.
11 Offence relating to authorised officers and exercise of functions under Act
(1) A person who, without lawful excuse, neglects or fails to comply with a requirement made of the person under this Act is guilty of an offence.(2) A person who furnishes any information or does any other thing in purported compliance with a requirement made under this Act, knowing that it is false or misleading in a material respect is guilty of an offence.(3) A person who wilfully delays, threatens, intimidates or obstructs an authorised officer in the exercise of the authorised officer’s powers under this Act is guilty of an offence.(4) A person who interferes with, damages or destroys or does any act which may tend to interfere with, damage or destroy any vehicle, vessel, asset or equipment which is used in relation to the exercise of a function by an authorised officer under this Act is guilty of an offence.(5) A person who impersonates an authorised officer is guilty of an offence.Maximum penalty:(a) in the case of a corporation—500 penalty units and, in the case of a continuing offence, a further penalty of 50 penalty units for each day the offence continues, or(b) in the case of an individual—100 penalty units and, in the case of a continuing offence, a further penalty of 10 penalty units for each day the offence continues.