Contents (1979 - 13)
Coastal Protection Act 1979 No 13
Part 4B Erosion and accretion
55M Granting of development consent relating to coastal protection works
(1) Consent must not be granted under the Environmental Planning and Assessment Act 1979 to development for the purpose of coastal protection works, unless the consent authority is satisfied that:(a) the works will not over the life of the works:(i) unreasonably limit or be likely to unreasonably limit public access to or the use of a beach or headland, or(ii) pose or be likely to pose a threat to public safety, and(b) satisfactory arrangements have been made (by conditions imposed on the consent) for the following for the life of the works:(i) the restoration of a beach, or land adjacent to the beach, if any increased erosion of the beach or adjacent land is caused by the presence of the works,(ii) the maintenance of the works.(2) The arrangements referred to in subsection (1) (b) are to secure adequate funding for the carrying out of any such restoration and maintenance, including by either or both of the following:(a) by legally binding obligations (including by way of financial assurance or bond) of all or any of the following:(i) the owner or owners from time to time of the land protected by the works,(ii) if the coastal protection works are constructed by or on behalf of landowners or by landowners jointly with a council or public authority—the council or public authority,Note.Section 80A (6) of the Environmental Planning and Assessment Act 1979 provides that a development consent may be granted subject to a condition, or a consent authority may enter into an agreement with an applicant, that the applicant must provide security for the payment of the cost of making good any damage caused to any property of the consent authority as a consequence of the doing of anything to which the consent relates.(b) by payment to the relevant council of an annual charge for coastal protection services (within the meaning of the Local Government Act 1993).(3) The funding obligations referred to in subsection (2) (a) are to include the percentage share of the total funding of each landowner, council or public authority concerned.
55N Modification of doctrine of erosion and accretion
(1) This section applies to land:(a) which is within the coastal zone, or which adjoins the tidal waters of Sydney Harbour or Botany Bay, or their tributaries, and(b) a boundary (the water boundary) of which is defined or otherwise determined by reference to a mean high water mark.(2) A court has no jurisdiction to make a declaration concerning a water boundary that would increase the area of land to the landward side of the water boundary if:(a) a perceived trend by way of accretion is not likely to be indefinitely sustained by natural means, or(b) as a consequence of making such a declaration, public access to a beach, headland or waterway will, or is likely to be, restricted or denied.(3) The Registrar-General has no power under Part 14A of the Real Property Act 1900 to make a determination concerning a water boundary that would increase the area of land to the landward side of the water boundary.(4) The Minister administering the Crown Lands Act 1989 (or a person authorised by that Minister) has no power under Part 7 of the Surveyors (Practice) Regulation 2001 (or any regulation made by way of replacement, or in substitution, for that Regulation) to approve a determination concerning a water boundary that would increase the area of land to the landward side of the water boundary if:(a) a perceived trend by way of accretion is not likely to be indefinitely sustained by natural means, or(b) as a consequence of making such a determination, public access to a beach, headland or waterway will, or is likely to be, restricted or denied.