Contents (1979 - 13)
Coastal Protection Act 1979 No 13
Division 3 General
55W Placing and maintaining temporary coastal protection works not restricted by certain legislation
If a person does not require regulatory approval under this Act or any other law for temporary coastal protection works (as provided by section 55O), the following provisions apply to the works:(a) placing and maintaining the works is not development for the purposes of the Environmental Planning and Assessment Act 1979 and is not an activity for the purposes of Part 5 of that Act,(b) Division 3 of Part 7 of the Fisheries Management Act 1994 does not apply to reclamation work that is carried out for the purpose of the works,(c) the placement or maintenance of the works does not, despite any regulation under the Marine Estate Management Act 2014, require the consent of the relevant Ministers within the meaning of that Act,(d) the works may be placed and maintained on community land (within the meaning of the Local Government Act 1993) despite the provisions of any plan of management under that Act applying to that land,(e) section 138 (Works and structures) of the Roads Act 1993 does not apply in relation to temporary coastal protection works placed by a person on a public road, but only if:(i) there are no road works on the public road, and(ii) the public road is not used by vehicular traffic, and(iii) the person took all practical measures to avoid placing those temporary coastal protection works on the public road.
55X Notice to council and others of placement of temporary coastal protection works
(1) An owner of land must, at or about the time the temporary coastal protection works are to be placed on land, notify the following of the placing of the works:(a) the relevant local council,(b) if the works are or are about to be placed on public land—the public authority that is the owner of, or has the care, control or management of, the land.Note.After placement of temporary coastal protection works Coastal Authorities may exercise powers under Part 4D to make orders relating to such works. Those orders include, where justified, orders to remove, alter or repair the works concerned.(2) The notification under subsection (1) is to be made in the manner and to the person or persons specified by the regulations for the purposes of this subsection.Maximum penalty:(a) in the case of a corporation—100 penalty units, or(b) in any other case—50 penalty units.(3) For the purposes of subsection (1) (b), public land that is Crown land within the meaning of the Crown Lands Act 1989 or land within a reserve as defined in Part 5 of that Act is taken to be owned by, or under the care, control or management of, the Minister administering that Act.
(Renumbered as section 55VC)
55Z Use and occupation of adjacent private land with permission
An owner of land may use and occupy adjacent land (other than public land) for the placing, maintaining and removal of temporary coastal protection works, but only if that landowner has obtained a lease, easement, right-of-way or other interest in land from the owner of the adjacent land to use and occupy the adjacent land for that purpose.