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Contents (1979 - 13)
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Coastal Protection Act 1979 No 13
Current version for 30 November 2016 to date (accessed 22 August 2017 at 00:06)
Part 4D
Part 4D Powers with respect to material and structures on beaches
55ZA   Order to remove certain materials and structures unlawfully placed on beaches (other than temporary coastal protection works)
(1)  A Coastal Authority may, in respect of a beach on land for which it is a designated authority, order a person to remove material deposited by or on behalf of the person on the beach that, in the opinion of the Coastal Authority:
(a)  causes or is likely to cause increased erosion of a beach or land adjacent to a beach, or
(b)  unreasonably limits or is likely to unreasonably limit public access to a beach or headland, or
(c)  poses or is likely to pose a threat to public safety.
(2)  A Coastal Authority may order a person who is the owner or occupier of land that is on or has a frontage to a beach for which it is a designated authority:
(a)  to refrain from erecting a structure on the beach or on or near the boundary of the land and the beach, or
(b)  to remove a structure erected by or on behalf of the person on the beach or on or near the boundary of the land and the beach (not being a structure lawfully erected before the commencement of this section),
if the structure, in the opinion of the Coastal Authority:
(c)  causes or is likely to cause increased erosion of a beach or land adjacent to a beach, or
(d)  unreasonably limits or is likely to unreasonably limit public access to a beach or headland, or
(e)  poses or is likely to pose a threat to public safety.
(3)  An order under this section that requires a person to remove material or a structure from land may, if the Coastal Authority that made the order is of the opinion that the material or structure has caused increased erosion of a beach, or land adjacent to a beach, include a requirement that the person restore the eroded beach or land concerned in accordance with:
(a)  in relation to an order made 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.
(4)  A person who carries out work in compliance with a requirement of an order given under this section by a Coastal Authority is not subject to Part 5 of the Environmental Planning and Assessment Act 1979 in carrying out the work.
(5)  Before giving an order under this section that relates to Crown land within the meaning of the Crown Lands Act 1989 or land within a reserve as defined in Part 5 of that Act, a Coastal Authority must consult the Minister administering that Act.
(6)  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.
(7)  This section does not apply in relation to temporary coastal protection works.
(8)  A council may not give an order under this section to a Minister or another public authority or to an authorised network operator under the Electricity Network Assets (Authorised Transactions) Act 2015.
55ZB   Stop work orders relating to materials and structures unlawfully being placed on beaches (other than temporary coastal protection works)
(1)  A Coastal Authority that is a designated authority for land may order a person not to carry out an activity on a beach on the land that the person is carrying out, or is about to carry out, if the Coastal Authority is of the opinion that the activity:
(a)  causes or is likely to cause increased erosion of a beach or land adjacent to a beach, or
(b)  unreasonably limits or is likely to unreasonably limit public access to a beach or headland, or
(c)  poses or is likely to pose a threat to public safety.
(2)  This section does not apply to an activity in the course 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.
(3)  This section does not apply if the activity comprises the placement or maintenance of temporary coastal protection works.
(4)  A council may not give an order under this section to a Minister or another public authority or to an authorised network operator under the Electricity Network Assets (Authorised Transactions) Act 2015.
55ZC   Orders relating to temporary coastal protection works
(1)  A Coastal Authority that is a designated authority for land on which a person has placed (or caused to be placed) temporary coastal protection works may order the person to remove, alter or repair the works and restore the land if the Coastal Authority is of the opinion that:
(a)  the works are causing increased erosion of a beach or land adjacent to a beach, or
(b)  the works unreasonably limit public access to a beach or headland, or
(c)  the works pose a threat to public safety, or
(d)  the works have ceased to be temporary coastal protection works (for example, the works have been in place for longer than the maximum period allowed for temporary coastal protection works on public land or the works are not being maintained as required by Part 4C or this Part or the requirements of the certificate under Division 2 of Part 4C that authorises the works).
(2)  A Coastal Authority that is a designated authority for land on which a person has placed (or caused to be placed) temporary coastal protection works (whether public or private land) may order the person to restore any assets or vegetation on public land that have been damaged in the course of the placement of the works.
(3)  A Coastal Authority that is a designated authority for public land on which a person has placed (or caused to be placed) temporary coastal protection works may order the person to move, alter or remove the works and restore the land if the Coastal Authority is of the opinion that the person did not take all reasonable measures:
(a)    (Repealed)
(b)  to avoid damage to assets or vegetation on the public land, or
(c)  to minimise risks to the public on the public land, or
(d)    (Repealed)
(4)  A Coastal Authority that is a designated authority for land on which a person has placed (or caused to be placed) temporary coastal protection works may order the person to restore land that is adjacent to the land on which the works were placed if the Coastal Authority is of the opinion that the adjacent land has been damaged or disturbed by:
(a)  the placement, maintenance or removal of the works, or
(b)  erosion caused by the works.
(5)  An order under this section that requires a person to restore land may include a requirement that the person restore the land concerned in accordance with:
(a)  in relation to an order made 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.
(6)  Before giving an order under this section relating to temporary coastal protection works on public land, a Coastal Authority must ensure that the person or body that issued the certificate under Division 2 of Part 4C for the works is aware of the intention to make the order.
(7)  Before making an order under this section that relates to Crown land within the meaning of the Crown Lands Act 1989 or land within a reserve as defined in Part 5 of that Act, the Coastal Authority must consult the Minister administering that Act.
(8)  A council may not give an order under this section to a Minister or another public authority or to an authorised network operator under the Electricity Network Assets (Authorised Transactions) Act 2015.
55ZD   General provisions relating to orders
(1)  An order under this Part may be given to a person by notice in writing or orally.
(2)  An order under this Part:
(a)  takes effect immediately (or from a later date specified in the written notice or at the time the order is given orally), and
(b)  is subject to such conditions as the Coastal Authority may specify in the written notice or at the time the order is given orally, and
(c)  may require a person to cease doing, or causing or permitting to be done, the relevant activity for a specified time, and
(d)  may require a person to do, or cause or permit to be done, the relevant activity within a specified time.
(3)  The Coastal Authority concerned may vary or revoke the order or the conditions of the order by further notice in writing or further oral order given to the person subject to the order.
(4)  An order given orally to a person ceases to have effect on the expiration of 72 hours from the time it was given unless confirmed by the Coastal Authority who gave the order by a notice in writing given to the person.
(5)  Subject to subsection (4), an order under this Part remains in force until whichever of the following happens first:
(a)  the order is revoked by the Coastal Authority concerned,
(b)  the activity to which the order relates obtains planning permission and evidence of the planning permission is provided to the Coastal Authority concerned.
(6)  A Coastal Authority is not required, before making an order under this Part, to notify any person who may be affected by the order.
(7)  A Coastal Authority (other than a council) that makes an order under this Part must notify the relevant local council of the following:
(a)  the making of the order,
(b)  full compliance with the order.
(8)  A council must keep a record of the following:
(a)  all orders under this Part made by it or notified to it under subsection (7) (a),
(b)  full compliance with an order under this Part made by it,
(c)  full compliance (notified to it by another Coastal Authority) with an order under this Part made by the other Coastal Authority.
(9)  An order under this Part given to a person does not authorise the person to enter land without the permission of the owner of the land.
(10)  In this section, evidence of planning permission means evidence that:
(a)  development consent or approval under the Environmental Planning and Assessment Act 1979 has been granted, or
(b)  the development concerned has become exempt development under that Act.
55ZE   Fee
(1)  The purpose of this section is to enable a Coastal Authority to recover the administrative costs of preparing and giving orders under this Part.
(2)  A person who is given an order under this Part by a Coastal Authority must within 30 days pay a fee of $444 (or such higher fee as may be prescribed by the regulations) to the Coastal Authority.
(3)  The Coastal Authority may:
(a)  extend the time for payment of the fee, on the application of the person required to pay the fee, or
(b)  waive payment of the whole or any part of the fee, on the Coastal Authority’s own initiative or on the application of the person required to pay the fee.
(4)  A fee is not payable for the variation of an order made under this Part.
(5)  A person who does not pay the fee within the time provided under this section is guilty of an offence.
Maximum penalty: 200 penalty units.
55ZF   Failure to comply with order
(1)  A person who does not comply with an order under section 55ZA or 55ZB is guilty of an offence.
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.
(1A)  A person who does not comply with an order under section 55ZC is guilty of an offence.
Maximum penalty:
(a)  in the case of a corporation—2,250 penalty units and 200 penalty units for each day the offence continues, or
(b)  in any other case—1,125 penalty units and 100 penalty units for each day the offence continues.
(2)  It is a defence to a prosecution for an offence under this section if the defendant establishes that the failure to comply with the order concerned was caused by the refusal of an owner of land to give the defendant permission to enter the land to do the act or thing required by the order.
(3)  If a person does not comply with the requirements of an order under this Part within the time specified (whether that person has been convicted of an offence in respect of the order or not), the Coastal Authority concerned may, where the order required the doing of any act or thing, do the act or thing.
(4)  Any costs reasonably incurred by the Coastal Authority under subsection (3) may be recovered in a court of competent jurisdiction from the person who is the subject of the order as a debt due to the Coastal Authority.
(5)  An authorised officer of a Coastal Authority may, for the purposes of doing the act or thing referred to in subsection (3), enter any premises at any reasonable time. However, this section does not empower an authorised officer to enter any part of a building used only for residential purposes without the permission of the occupier.
(6)  Before an authorised officer enters premises under this section, the Coastal Authority concerned must give the occupier of the premises oral or written notice of the intention to enter the occupier’s premises on a day or within a period of days specified in the notice.
(7)  The day or any day within the period of days specified must not be the day on which the notice is given.
(8)  This section does not require notice to be given if entry to the premises is made with the consent of the occupier of the premises.
55ZG   Resolution of disputes under Part 4C and this Part
(1)  If a dispute arises between a council and a Coastal Authority that is a Minister in relation to the exercise of a function under Part 4C or this Part, the Minister may direct the council as to the exercise of the function.
(2)  If a dispute arises between two Coastal Authorities in relation to the exercise of a function under Part 4C or this Part (other than a dispute between a council and a Minister), the dispute may be referred to the Premier for resolution:
(a)  by a party to the dispute, if that party is a Minister, or
(b)  by the Minister responsible for a party to the dispute, if that party is not a Minister.
(3)  The Premier may give directions as the Premier sees fit to resolve the dispute.
(4)  A Coastal Authority is to comply with a direction under this section.
(5)  This section applies to the Chief Executive in the same way as it applies to a Minister.
55ZH   Successors in title and temporary coastal protection works
(1)  If an original owner of private land to whom a certificate under Division 2 of Part 4C has been issued ceases, before placing temporary coastal protection works on public land, to be the owner of the private land, a successor in title is taken for the purposes of this Act to be the original owner. Such a successor in title may place and maintain those authorised temporary coastal protection works on the public land in accordance with that certificate.
Note.
 A person who places temporary coastal protection works may be made the subject of an order under this Part—see section 55ZC.
(2)  If an original owner of land, after placing temporary coastal protection works on that land, but before the works are removed and the land restored in accordance with this Act, ceases to be the owner of that land, a successor in title is taken for the purposes of this Act to be the original owner. Such a successor in title may be made the subject of an order under this Part as if the successor in title were the original owner.
(3)  If an order is made under this Part requiring an original owner of land who has placed temporary coastal protection works in accordance with this Act to carry out work in relation to the works and the original owner ceases, before the work is carried out, to be the owner of the land, a successor in title:
(a)  is required to carry out that work, and
(b)  to that extent, is bound by the order in the same way as the original owner (except as provided by this section).
(4)  A successor in title is bound by the order under subsection (3) only if the Coastal Authority that made the order:
(a)  before the land concerned was transferred—notified the relevant local council under section 55ZD (7), and
(b)  has given a copy of the order to the successor in title.
(5)  For the purposes of subsection (3), the specified period within which the work is required to be carried out under the order is taken to commence from the date on which the copy of the order is given to the successor in title.