Contents (1979 - 13)
Coastal Protection Act 1979 No 13
55VC Removal of temporary coastal protection works from public land
(1) A person who has placed temporary coastal protection works (or caused such works to be placed) on public land must, before the expiry of the maximum period allowed for temporary coastal protection works, remove the works and restore the land in accordance with:(a) in relation to works placed 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.Maximum penalty:(a) in the case of a corporation—4,500 penalty units and 400 penalty units for each day the offence continues, or(b) in any other case—2,250 penalty units and 200 penalty units for each day the offence continues.(2) A person may not be found guilty both of an offence under subsection (1) and an offence for a failure to comply with an order under Part 4D in relation to the same failure to remove works or restore land.(3) If a person does not comply with subsection (1) (whether that person has been convicted of an offence in respect of the subsection or not), the Coastal Authority concerned may remove the works and restore the land. Any costs reasonably incurred by the Coastal Authority under this subsection may be recovered in a court of competent jurisdiction from the person as a debt due to the Coastal Authority.(4) This section does not apply to material deposited on a beach, or a structure erected, as part of development for which consent has been granted or that is exempt development or development that does not need consent under the Environmental Planning and Assessment Act 1979 or is an approved project within the meaning of Part 3A of that Act or approved State significant infrastructure within the meaning of Part 5.1 of that Act.(5) The removal of works and the restoration of land under subsection (3) is not an activity for the purposes of Part 5 of the Environmental Planning and Assessment Act 1979.