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Contents (1979 - 13)
Coastal Protection Act 1979 No 13
Current version for 30 November 2016 to date (accessed 19 November 2017 at 21:23)
Part 2 Division 1
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.
9   Delegation
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.