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COASTAL PROTECTION AND MANAGEMENT AND OTHER LEGISLATION AMENDMENT BILL 2001

        Queensland




COASTAL PROTECTION AND
MANAGEMENT AND OTHER
LEGISLATION AMENDMENT
       BILL 2001

 


 

 

Queensland COASTAL PROTECTION AND MANAGEMENT AND OTHER LEGISLATION AMENDMENT BILL 2001 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PART 2--AMENDMENT OF COASTAL PROTECTION AND MANAGEMENT ACT 1995 3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Insertion of new s 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4A Advancing Act's objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5 Replacement of ch 1, pt 3, div 1 (Standard definitions) . . . . . . . . . . . . . . . . 8 Division 1--Dictionary 5 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 6 Amendment of ch 1, pt 3, div 2 hdg (Key definitions) . . . . . . . . . . . . . . . . . 9 7 Insertion of new ss 5A-5C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 5A Meaning of "access channel". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 5B Meaning of "artificial waterway". . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 5C Meaning of "canal" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 8 Insertion of new s 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 12A Meaning of "State coastal land" . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 9 Replacement of s 24 (Chief executive may provide administrative assistance) ................................. 11 24 Chief executive to record information and provide administrative assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 10 Amendment of s 26 (Content of State plan) . . . . . . . . . . . . . . . . . . . . . . . . . 12

 


 

2 Coastal Protection and Management and Other Legislation Amendment Bill 2001 11 Amendment of s 44 (Amendment of coastal plans) . . . . . . . . . . . . . . . . . . . 12 12 Replacement of s 46 (Planning schemes may be amended) . . . . . . . . . . . . . 12 46 Transitional planning schemes may be amended. . . . . . . . . . . . . . . . 13 13 Amendment of s 47 (Declaration of control districts). . . . . . . . . . . . . . . . . . 13 14 Replacement of s 59 (Coastal building line) . . . . . . . . . . . . . . . . . . . . . . . . . 13 59 Coastal building line . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 15 Insertion of new ch 2, pt 3, div 4, and pts 4-7. . . . . . . . . . . . . . . . . . . . . . . . 13 Division 4--Offence about damaging vegetation on State coastal land 61A Damaging vegetation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 PART 4--EROSION PRONE AREAS 61B Declaration of erosion prone areas . . . . . . . . . . . . . . . . . . . . . . . . . . 14 61C Amending erosion prone areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 61D Local governments to keep copies of documents . . . . . . . . . . . . . . . 15 PART 5--QUARRY MATERIALS Division 1--Allocation of quarry materials Subdivision 1--Obtaining allocations 61E Applications for allocation of quarry material. . . . . . . . . . . . . . . . . . 15 61F Additional information for applications . . . . . . . . . . . . . . . . . . . . . . 16 61G Criteria for deciding applications . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 61H Deciding applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 61I Selling allocation of quarry material by auction or tender . . . . . . . . 18 Subdivision 2--Content and conditions of allocation notices 61J Content of allocation notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 61K Conditions of allocation notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 61L Allocation holder to give information . . . . . . . . . . . . . . . . . . . . . . . . 19 Subdivision 3--Removal of quarry materials may require other approval 61M Removal of quarry material is subject to other approvals . . . . . . . . . 19 Subdivision 4--Transferring or renewing allocations 61N Transferring allocations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 61O Renewing allocations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Subdivision 5--Amending, suspending or cancelling allocation notices 61P Amendment--grounds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

 


 

3 Coastal Protection and Management and Other Legislation Amendment Bill 2001 61Q Suspension or cancellation--grounds . . . . . . . . . . . . . . . . . . . . . . . . 22 61R Amendment, suspension or cancellation--procedure . . . . . . . . . . . . 22 61S Notice and effect of amendment, suspension or cancellation of allocations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Subdivision 6--Surrender of allocation 61T Surrender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Division 2--Dredge management plans Subdivision 1--Preliminary 61U What is a dredge management plan . . . . . . . . . . . . . . . . . . . . . . . . . . 24 61V Preparation of plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Subdivision 2--Obtaining approval of dredge management plans 61W Applications for approval of plans. . . . . . . . . . . . . . . . . . . . . . . . . . . 25 61X Requesting additional information and documents . . . . . . . . . . . . . . 26 61Y Approving or refusing to approve plans . . . . . . . . . . . . . . . . . . . . . . 26 61Z Relationship with IPA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 61ZA Transferring approved plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 61ZB Renewing approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Subdivision 3--Amending plans and suspending or cancelling approvals 61ZC Amendment--grounds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 61ZD Suspension or cancellation--grounds . . . . . . . . . . . . . . . . . . . . . . . . 30 61ZE Amendment, suspension or cancellation--procedure . . . . . . . . . . . . 30 61ZF Notice and effect of amendment, suspension or cancellation . . . . . . 31 Division 3--Offences 61ZG Removing quarry material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Division 4--General 61ZH Royalty or price for quarry material . . . . . . . . . . . . . . . . . . . . . . . . . 33 PART 6--DEVELOPMENT APPROVALS FOR ASSESSABLE DEVELOPMENT Division 1--Preliminary 61ZI Application of pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Division 2--Assessment and conditions of assessable development in the coastal zone 61ZJ Assessing applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

 


 

4 Coastal Protection and Management and Other Legislation Amendment Bill 2001 61ZK Declaration for Integrated Planning Act 1997, ss 3.3.15, 3.5.4 and 3.5.5 ........................................... 35 61ZL Development approvals--general conditions . . . . . . . . . . . . . . . . . . 35 61ZM Development approvals--condition about financial assurance . . . . . 36 61ZN Development approvals--conditions for development partly in a coastal management district . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Division 3--Land surrender conditions Subdivision 1--Preliminary 61ZO Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Subdivision 2--Land surrender 61ZP Governor in Council may approve inclusion of land surrender condition .......................................... 37 61ZQ Notice of condition about land surrender . . . . . . . . . . . . . . . . . . . . . 37 61ZR Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 61ZS Notice of decision about land surrender . . . . . . . . . . . . . . . . . . . . . . 38 61ZT When land surrender condition may not be included . . . . . . . . . . . . 38 61ZU Other matters about land surrender condition . . . . . . . . . . . . . . . . . . 39 Division 4--Matters about artificial waterways Subdivision 1--Canals 61ZV Canals--surrender to the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Subdivision 2--Development applications involving artificial waterways 61ZW Applications to include operational works . . . . . . . . . . . . . . . . . . . . 40 61ZX When assessment manager must refuse application . . . . . . . . . . . . . 40 Subdivision 3--Plans of subdivision 61ZY Requirements for plans of subdivision . . . . . . . . . . . . . . . . . . . . . . . 40 61ZZ Registration of instruments--construction of artificial waterways . . 41 PART 7--MISCELLANEOUS 61ZZA Maintenance of canals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 61ZZB Canal waters are part of coastal management district. . . . . . . . . . . . 42 61ZZC Development permits--right to use and occupy. . . . . . . . . . . . . . . . 42 61ZZD Obligation to keep certain tidal works in safe condition . . . . . . . . . 43 16 Insertion of new s 62A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 62A Investigative functions of authorised persons . . . . . . . . . . . . . . . . . . 43

 


 

5 Coastal Protection and Management and Other Legislation Amendment Bill 2001 17 Amendment of s 103 (Regulation making power) . . . . . . . . . . . . . . . . . . . . 44 18 Insertion of new s 103A and ch 6, hdg and pt 1, hdg . . . . . . . . . . . . . . . . . . 44 103A Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . 44 19 Insertion of new ch 6, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 PART 2--TRANSITIONAL PROVISIONS FOR COASTAL PROTECTION AND MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2001 Division 1--Coastal management districts 105 Control districts taken to be coastal management districts . . . . . . . . 45 106 Declaration about coastal management districts in areas covered by regional plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Division 2--Authorities, permits and approvals under Harbours Act, Beach Protection Act and Canals Act 107 Continuing effect of authorities under Harbours Act. . . . . . . . . . . . . 46 108 Continuing effect of right to use and occupy. . . . . . . . . . . . . . . . . . . 46 109 Continuing effect of permits under Beach Protection Act, section 44 .................................... 47 110 Continuing effect of a consent under Beach Protection Act, section 45 ..................................... 47 111 Continuing effect of permits under Beach Protection Act, section 47 ................................... 48 112 Continuing effect of approvals under Canals Act . . . . . . . . . . . . . . . 48 113 Relationship to Integrated Planning Act 1997, ch 3, pt 5, div 5 . . . . 49 Division 3--Dredging permits 114 Continuing effect of dredging permits. . . . . . . . . . . . . . . . . . . . . . . . 50 Division 4--Applications in progress 115 Effect of commencement on certain applications . . . . . . . . . . . . . . . 50 116 When certain applications lapse . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 117 Applications to reconfigure a lot in a coastal management district . . 51 Division 5--Dissolution of Beach Protection Authority 118 Dissolution of Beach Protection Authority . . . . . . . . . . . . . . . . . . . . 52 119 References to Beach Protection Authority. . . . . . . . . . . . . . . . . . . . . 52 Division 6--Erosion prone areas 120 Transition of areas specified in erosion prone area plans . . . . . . . . . 52

 


 

6 Coastal Protection and Management and Other Legislation Amendment Bill 2001 PART 3--AMENDMENT OF INTEGRATED PLANNING ACT 1997 20 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 21 Amendment of sch 8 (Assessable, self-assessable and exempt development) 53 PART 4--AMENDMENT OF LOCAL GOVERNMENT ACT 1993 22 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 23 Insertion of new s 934A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 934A Canals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 PART 5--MINOR AMENDMENTS AND REPEAL 24 Acts amended--schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 25 Legislation repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 58 MINOR AMENDMENTS COASTAL PROTECTION AND MANAGEMENT ACT 1995. . . . . . . . . . 58 INTEGRATED PLANNING ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 LAND ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67

 


 

2001 A BILL FOR An Act to amend legislation about coastal management, and for other purposes

 


 

s1 8 s5 Coastal Protection and Management and Other Legislation Amendment Bill 2001 The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 1 Short title Clause 3 This Act may be cited as the Coastal Protection and Management and 4 Other Legislation Amendment Act 2001. 5 2 Commencement Clause 6 This Act commences on a day to be fixed by proclamation. 7 PART 2--AMENDMENT OF COASTAL PROTECTION 8 AND MANAGEMENT ACT 1995 9 3 Act amended in pt 2 Clause 10 This part amends the Coastal Protection and Management Act 1995. 11 4 Insertion of new s 4A Clause 12 Part 1, after section 4-- 13 insert-- 14 `4A Advancing Act's objects 15 `If, under this Act, a function or power is conferred on an entity, the 16 entity must perform the function or exercise the power in a way that 17 advances the Act's objects.'. 18 5 Replacement of ch 1, pt 3, div 1 (Standard definitions) Clause 19 Chapter 1, part 3, division 1-- 20

 


 

s6 9 s7 Coastal Protection and Management and Other Legislation Amendment Bill 2001 omit, insert-- 1 `Division 1--Dictionary 2 `5 Definitions 3 `The dictionary in schedule 2 defines particular words used in this Act.'. 4 6 Amendment of ch 1, pt 3, div 2 hdg (Key definitions) Clause 5 Chapter 1, part 3, division 2, heading-- 6 omit, insert-- 7 `Division 2--Other definitions'. 8 7 Insertion of new ss 5A-5C Clause 9 Chapter 1, part 3, division 2, before section 6-- 10 insert-- 11 `5A Meaning of "access channel" 12 `(1) "Access channel" means an artificial channel constructed in tidal 13 water and connected, or intended to be connected, to a canal. 14 `(2) Without limiting subsection (1), "access channel" includes-- 15 (a) training walls or other works associated with the channel; and 16 (b) additions or alterations to the channel, training walls or other 17 works. 18 `5B Meaning of "artificial waterway" 19 `(1) "Artificial waterway" means an artificial channel, lake or other 20 body of water. 21 `(2) Without limiting subsection (1), "artificial waterway" includes-- 22 (a) an access channel; and 23 (b) an artificial channel that-- 24 (i) is formed because land has been reclaimed from tidal water; 25 and 26

 


 

s7 10 s7 Coastal Protection and Management and Other Legislation Amendment Bill 2001 (ii) is intended to allow boating access to allotments on 1 subdivided land; and 2 (c) other artificial channels subject to the ebb and flow of the tide; 3 and 4 (d) any additions or alterations to an artificial waterway. 5 `(3) However, "artificial waterway" does not include the following-- 6 (a) a swimming pool; 7 (b) an ornamental pond of no more than 5 000 m2 in area; 8 (c) a pond-- 9 (i) for aquaculture; or 10 (ii) for treating effluent; 11 (d) a freshwater storage reservoir for domestic water supply; 12 (e) a water storage facility-- 13 (i) situated on a natural watercourse; and 14 (ii) used for irrigation or other agricultural purposes; 15 (f) a part of a river, creek or stream in which water flows in a natural 16 channel, whether artificially improved or not; 17 (g) a drain for carrying stormwater or other material; 18 (h) any of the following used for accessing port infrastructure if 19 constructed in the area of a port for which a port authority is 20 responsible-- 21 (i) a navigation channel; 22 (ii) a harbour swing basin; 23 (iii) a berth pocket; 24 (iv) a berth approach or departure path. 25 `5C Meaning of "canal" 26 `(1) "Canal" means an artificial waterway-- 27 (a) connected, or intended to be connected, to tidal water; and 28

 


 

s8 11 s9 Coastal Protection and Management and Other Legislation Amendment Bill 2001 (b) from which boating access to the tidal water is not hindered by a 1 lock, weir or similar structure. 2 `(2) "Canal" includes a canal surrendered to the State under the Canals 3 Act, section 13(4).1 4 `(3) However, "canal" does not include a marina, boat harbour or 5 commercial boat mooring facility.'. 6 8 Insertion of new s 12A Clause 7 Chapter 1, part 3, division 2-- 8 insert-- 9 `12A Meaning of "State coastal land" 10 `(1) "State coastal land" means land in a coastal management district 11 other than land that is-- 12 (a) freehold land, or land contracted to be granted in fee simple by 13 the State; or 14 (b) a State forest or timber reserve under the Forestry Act 1959; or 15 (c) in a watercourse or lake as defined under the Water Act 2000; or 16 (d) subject to a lease or licence issued by the State. 17 `(2) In this section-- 18 "licence" includes a permit or other authority issued under any Act relating 19 to mining, but does not include a permit issued under the Land Act 20 1994, section 177(1).2'. 21 9 Replacement of s 24 (Chief executive may provide Clause 22 administrative assistance) 23 Section 24-- 24 omit, insert-- 25 1 Canals Act, section 13 (Existing canals) 2 Land Act 1994, section 177 (Chief executive may issue permit)

 


 

s 10 12 s 12 Coastal Protection and Management and Other Legislation Amendment Bill 2001 `24 Chief executive to record information and provide 1 administrative assistance 2 `(1) The chief executive must-- 3 (a) take appropriate measures to record information about the wave 4 climate and storm tide levels relating to erosion and tidal 5 inundation of the coast; and 6 (b) give the information to the advisory council for use in 7 performing its functions. 8 `(2) The chief executive may provide the advisory council or a regional 9 consultative group with the administrative assistance necessary for it to 10 perform its functions.'. 11 10 Amendment of s 26 (Content of State plan) Clause 12 (1) Section 26-- 13 insert-- 14 `(1A) In preparing the State plan, the Minister must consider public 15 access to the foreshore.'. 16 (2) Section 26(1A) and (2)-- 17 renumber as section 26(2) and (3). 18 11 Amendment of s 44 (Amendment of coastal plans) Clause 19 (1) Section 44(3), `make a minor amendment to a coastal plan to'-- 20 omit, insert-- 21 `do any of the following'. 22 (2) Section 44(3)(a) and (b), `or'-- 23 omit. 24 12 Replacement of s 46 (Planning schemes may be amended) Clause 25 Section 46-- 26 omit, insert-- 27

 


 

s 13 13 s 15 Coastal Protection and Management and Other Legislation Amendment Bill 2001 `46 Transitional planning schemes may be amended 1 `(1) This section applies if a transitional planning scheme is amended 2 under the Integrated Planning Act 1997, section 2.3.2,3 because it is not 3 consistent with a regional plan. 4 `(2) If the amendment changes how land may be used under the 5 transitional planning scheme, the owner of the land is taken to be an owner 6 mentioned in section 86(1) and the remaining provisions of chapter 5, 7 part 1, apply.'. 8 13 Amendment of s 47 (Declaration of control districts) Clause 9 Section 47(6)-- 10 omit. 11 14 Replacement of s 59 (Coastal building line) Clause 12 Section 59-- 13 omit, insert-- 14 `59 Coastal building line 15 `(1) For assessment of a development application for building work 16 under the Integrated Planning Act 1997, a regulation, or notice that 17 declares a coastal management district, may fix a coastal building line for a 18 coastal management district. 19 `(2) However, a notice may fix a coastal building line only for the coastal 20 management district declared under the notice.'. 21 15 Insertion of new ch 2, pt 3, div 4, and pts 4-7 Clause 22 After section 61-- 23 insert-- 24 3 Integrated Planning Act 1997, section 2.3.2 (Power of Minister to direct local government to take action about local planning instrument)

 


 

s 15 14 s 15 Coastal Protection and Management and Other Legislation Amendment Bill 2001 `Division 4--Offence about damaging vegetation on State coastal land 1 `61A Damaging vegetation 2 `(1) A person must not damage vegetation on State coastal land 3 without-- 4 (a) the written approval of the entity responsible for the management 5 and control of the land; or 6 (b) other lawful authority, justification or excuse. 7 Maximum penalty--400 penalty units. 8 `(2) In this section-- 9 "damage", to vegetation, does not include minor damage to vegetation that 10 happens in the course of the ordinary use of the land on which the 11 vegetation is situated. 12 `PART 4--EROSION PRONE AREAS 13 `61B Declaration of erosion prone areas 14 `(1) The chief executive may declare an area within the coastal zone to 15 be an erosion prone area if satisfied the area may be subject to erosion or 16 tidal inundation. 17 `(2) If the chief executive declares an area under subsection (1), the chief 18 executive must-- 19 (a) ensure the erosion prone area is shown on a document describing 20 the area; and 21 (b) keep the document available for inspection by members of the 22 public at the department's head office; and 23 (c) give a copy of the document to each local government in whose 24 area the erosion prone area or a part of the erosion prone area is 25 situated. 26 27 Examples of a `document describing the area'-- 28 A map or plan.

 


 

s 15 15 s 15 Coastal Protection and Management and Other Legislation Amendment Bill 2001 `61C Amending erosion prone areas 1 `(1) The chief executive may amend the area of an erosion prone area. 2 `(2) If the chief executive amends the area, the chief executive must-- 3 (a) record the amendment on the document mentioned in 4 section 61B(2)(b) on which the erosion prone area is shown; and 5 (b) give a copy of the amended document to each local government 6 in whose area the erosion prone area or a part of the erosion 7 prone area is situated. 8 `61D Local governments to keep copies of documents 9 `The local government must keep available for inspection by members of 10 the public any document given to it under section 61B(2)(c) or 61C(2)(b) at 11 its head office. 12 `PART 5--QUARRY MATERIALS 13 `Division 1--Allocation of quarry materials 14 `Subdivision 1--Obtaining allocations 15 `61E Applications for allocation of quarry material 16 `(1) A person may apply to the chief executive for an allocation of 17 quarry material below high water mark. 18 `(2) The application must be-- 19 (a) in the approved form; and 20 (b) accompanied by the fee prescribed under a regulation. 21

 


 

s 15 16 s 15 Coastal Protection and Management and Other Legislation Amendment Bill 2001 `61F Additional information for applications 1 `(1) The chief executive may, by written notice, ask the applicant to give 2 the chief executive further information or documents about the application 3 by the reasonable date stated in the notice. 4 `(2) Without limiting subsection (1), the chief executive may ask the 5 applicant to give the chief executive information or documents about the 6 potential impact the removal of the quarry material may have on coastal 7 management. 8 `(3) If the applicant does not give the chief executive the further 9 information or documents by the stated day, the application lapses. 10 `61G Criteria for deciding applications 11 `(1) In deciding whether to grant the allocation or refuse the application, 12 or what should be the conditions of the allocation, the chief executive must 13 consider-- 14 (a) the State plan and regional plans; and 15 (b) the impact the removal of the quarry material, including the 16 proposed method of extraction, or the placement of spoil may 17 have on coastal management including the following-- 18 (i) the supply of sediments to estuaries and the sea; 19 (ii) the physical integrity of the land, including stability of beds 20 and banks of watercourses; 21 (iii) the quarry material available on the land and any existing 22 allocations for the land; 23 (iv) the ecologically sustainable development of the land and 24 watercourses on the land; and 25 (c) if the chief executive is satisfied the removal of the quarry 26 material or the placement of spoil may impact on waters 27 mentioned in the Environmental Protection (Water) Policy 1997, 28 schedule 1, column 1--the impact the removal or placement may 29 have on the environmental values and water quality objectives 30 stated in a document mentioned in column 2 of that schedule for 31 the waters; and 32 (d) the impact the removal of the quarry material or placement of 33 spoil may have on the management of-- 34

 


 

s 15 17 s 15 Coastal Protection and Management and Other Legislation Amendment Bill 2001 (i) fish habitats under the Fisheries Act 1994; or 1 (ii) marine parks under the Marine Parks Act 1982; or 2 (iii) protected areas under the Nature Conservation Act 1992. 3 `(2) Also, in deciding an application that involves placement of quarry 4 material in a coastal management district, the chief executive must 5 consider-- 6 (a) the nature of the material including contaminants in the material; 7 and 8 (b) the characteristics of the material's receiving environment. 9 `(3) Subsections (1) and (2) do not stop the chief executive from 10 considering other matters relevant to the application, including, for 11 example-- 12 (a) fair and equitable access to State resources; and 13 (b) economic and social implications of a decision to grant or refuse 14 the application; and 15 (c) the views of a local government about the removal of the quarry 16 material or placement of spoil; and 17 (d) if the removal or placement happens on land under tidal 18 water--the views of a harbour master about the effect the 19 removal or placement may have on marine safety in the tidal 20 water; and 21 (e) if the removal or placement happens on land under tidal water 22 within the limits of a port--the views of the port authority for the 23 land about the removal or placement. 24 `61H Deciding applications 25 `(1) If the chief executive is satisfied the application should be approved, 26 the chief executive must grant the application. 27 `(2) If the chief executive is not satisfied the application should be 28 approved, the chief executive must refuse the application. 29 `(3) Within 30 business days after deciding the application, the chief 30 executive must give the applicant-- 31 (a) notice of the decision; and 32

 


 

s 15 18 s 15 Coastal Protection and Management and Other Legislation Amendment Bill 2001 (b) if the chief executive grants the application--a notice (an 1 "allocation notice") in the approved form. 2 `(4) The allocation notice-- 3 (a) has effect from the day stated in the notice; and 4 (b) remains in force, unless sooner cancelled or suspended, for the 5 period of not more than 6 years decided by the chief executive. 6 `61I Selling allocation of quarry material by auction or tender 7 `(1) The chief executive may sell by auction or tender an allocation of 8 quarry material below high water mark. 9 `(2) In selling the allocation, the chief executive must consider the 10 impact the removal of the quarry material or placement of spoil may have 11 on coastal management, including the matters mentioned in section 61G. 12 `(3) If the chief executive sells an allocation, the chief executive must 13 give the buyer an allocation notice under section 61H(3). 14 `(4) Sections 61J to 61L apply to the allocation. 15 `Subdivision 2--Content and conditions of allocation notices 16 `61J Content of allocation notices 17 `Without limiting what may be included in an allocation notice, the 18 notice must state-- 19 (a) the quantity of quarry material that may be removed under the 20 allocation; and 21 (b) the area to which the allocation relates; and 22 (c) the rate of royalty payable for removal of the quarry material. 23 `61K Conditions of allocation notice 24 `The chief executive may impose conditions on the allocation notice the 25 chief executive considers appropriate for coastal management, including, 26 for example, conditions about-- 27

 


 

s 15 19 s 15 Coastal Protection and Management and Other Legislation Amendment Bill 2001 (a) the maximum rate at which the quarry material may be removed; 1 and 2 (b) monitoring the impact of the removal of the quarry material or 3 placement of spoil on coastal management; and 4 (c) the nature and extent of surveys to be carried out in relation to the 5 removal of the quarry material or placement of spoil. 6 `61L Allocation holder to give information 7 `(1) This section applies to an allocation holder from the day the holder 8 first removes quarry material under the allocation. 9 `(2) The holder must, within 20 business days after the end of each 10 month, give to the chief executive a written notice stating the quantity of 11 quarry material removed by the holder under the allocation in the month. 12 Maximum penalty--50 penalty units. 13 `Subdivision 3--Removal of quarry materials may require other approval 14 `61M Removal of quarry material is subject to other approvals 15 `(1) An allocation notice authorises the allocation holder, during the 16 period the allocation is in force, to access quarry material. 17 `(2) However, the allocation holder is not authorised to remove any 18 quarry material under the allocation notice until the holder has obtained-- 19 (a) if the holder must have a development permit for the removal--a 20 development permit; and 21 (b) if the holder must have an environmental authority for the 22 removal--an environmental authority. 23 `(3) The application for the development permit or environmental 24 authority must be supported by evidence of the allocation. 25

 


 

s 15 20 s 15 Coastal Protection and Management and Other Legislation Amendment Bill 2001 `Subdivision 4--Transferring or renewing allocations 1 `61N Transferring allocations 2 `(1) The allocation notice holder may apply to the chief executive to 3 transfer all or part of the allocation to another person. 4 `(2) The application must be-- 5 (a) in the approved form; and 6 (b) supported by sufficient information to enable the chief executive 7 to decide the application, including, for example, the consent of 8 the transferee to the transfer; and 9 (c) accompanied by the fee prescribed under a regulation. 10 `(3) Within 30 business days after receiving the application, the chief 11 executive must-- 12 (a) approve the transfer as applied for, with or without conditions; or 13 (b) approve the transfer, as varied by the chief executive, with or 14 without conditions; or 15 (c) refuse the transfer. 16 `(4) In making a decision under subsection (3), the chief executive must 17 consider the impact the transfer may have on coastal management, 18 including the matters mentioned in section 61G. 19 `(5) Within 30 business days after deciding the application, the chief 20 executive must-- 21 (a) give the applicant and the other person written notice of the 22 decision; and 23 (b) if the transfer is approved--give the transferee a new allocation 24 in accordance with the approval; and 25 (c) if the application was not to transfer all of an allocation--give 26 the applicant an amended allocation notice for the part not 27 transferred. 28 `(6) The transfer has effect from the day the notice is given. 29

 


 

s 15 21 s 15 Coastal Protection and Management and Other Legislation Amendment Bill 2001 `61O Renewing allocations 1 `(1) The allocation notice holder may apply to the chief executive to 2 renew the allocation notice. 3 `(2) The application must be-- 4 (a) in the approved form; and 5 (b) accompanied by the fee prescribed under a regulation. 6 `(3) Within 30 business days after receiving the application, the chief 7 executive must-- 8 (a) approve the renewal, as applied for, with or without conditions; 9 or 10 (b) approve the renewal, as varied by the chief executive, with or 11 without conditions; or 12 (c) refuse the application. 13 `(4) In making a decision under subsection (3), the chief executive must 14 consider the impact the renewal may have on coastal management, 15 including the matters mentioned in section 61G. 16 `(5) Within 30 business days after deciding the application, the chief 17 executive must give the applicant-- 18 (a) a written notice stating the decision and the reasons for it; and 19 (b) if the renewal is approved--a new allocation notice in 20 accordance with the approval. 21 `(6) This division applies, with all necessary changes, to the application 22 as if it were an application for an allocation. 23 `Subdivision 5--Amending, suspending or cancelling allocation notices 24 `61P Amendment--grounds 25 `(1) The chief executive may amend an allocation notice, including, for 26 example, by adding a further condition to the notice-- 27 (a) with the written agreement of the holder of the notice; or 28 (b) if the chief executive is satisfied, or reasonably believes, the 29 amendment is necessary or desirable for coastal management. 30

 


 

s 15 22 s 15 Coastal Protection and Management and Other Legislation Amendment Bill 2001 `(2) Without limiting subsection (1), if an allocation notice holder 1 removes quarry material at a rate less than 50% of the maximum rate stated 2 in the notice, the chief executive may amend-- 3 (a) the total quantity of material permitted to be removed under the 4 notice; or 5 (b) the maximum rate. 6 `(3) However, an amendment under subsection (1) must not increase the 7 period for which the notice has effect. 8 `61Q Suspension or cancellation--grounds 9 `The chief executive may suspend or cancel an allocation notice if the 10 chief executive is satisfied, or reasonably believes-- 11 (a) the allocation notice was granted in error or because of a 12 materially false or fraudulent document, statement or 13 representation; or 14 (b) the allocation notice holder-- 15 (i) has committed, or is committing, an offence against this Act 16 or another Act relating to protection of the environment; or 17 (ii) has not complied with a condition of the allocation notice; 18 or 19 (iii) has not, within 1 year after the day the notice was issued, 20 applied for-- 21 (A) if the holder must have a development permit for the 22 removal--a development permit; and 23 (B) if the holder must have an environmental authority for 24 the removal--an environmental authority; or 25 (c) the suspension or cancellation is necessary or desirable for 26 coastal management. 27 `61R Amendment, suspension or cancellation--procedure 28 `(1) Before amending, suspending or cancelling an allocation notice, the 29 chief executive must give the allocation notice holder a written notice 30 inviting the holder to show why the allocation notice should not be 31 amended, suspended or cancelled (the "proposed action"). 32

 


 

s 15 23 s 15 Coastal Protection and Management and Other Legislation Amendment Bill 2001 `(2) The notice must state each of the following-- 1 (a) the proposed action; 2 (b) the grounds for the proposed action; 3 (c) the facts and circumstances forming the basis for the grounds; 4 (d) if the proposed action is to amend the allocation notice--the 5 proposed amendment; 6 (e) if the proposed action is suspension of the allocation notice--the 7 proposed suspension period; 8 (f) that representations may be made about the notice; 9 (g) how the representations may be made; 10 (h) where the representations may be made or sent; 11 (i) a period within which the representations must be made. 12 `(3) The stated period must end at least 10 business days after the notice 13 is given. 14 `(4) If, after considering all representations made within the stated 15 period, the chief executive still considers the proposed action should be 16 taken, the chief executive may-- 17 (a) if the proposed action is to amend the allocation notice--amend 18 the allocation notice; and 19 (b) if the proposed action is to suspend the allocation 20 notice--suspend the allocation notice for no longer than the 21 proposed suspension period; and 22 (c) if the proposed action is to cancel the allocation notice--cancel 23 the allocation notice or suspend it for a period. 24 `(5) This section does not apply if the allocation is amended under 25 section 61P(1)(a). 26 `61S Notice and effect of amendment, suspension or cancellation of 27 allocations 28 `(1) If the chief executive amends, suspends or cancels an allocation 29 notice, written notice and particulars of the amendment, suspension or 30 cancellation must be given to the allocation holder. 31 `(2) The notice must state the decision and the reasons for it. 32

 


 

s 15 24 s 15 Coastal Protection and Management and Other Legislation Amendment Bill 2001 `(3) An amendment takes effect from the day the notice is given. 1 `(4) If the chief executive suspends the allocation notice, it is ineffective 2 during the period of suspension. 3 `(5) The suspension-- 4 (a) may be for the period the chief executive decides; and 5 (b) has effect from-- 6 (i) the day the notice is given; or 7 (ii) if a later day is stated in the notice--the stated day. 8 `(6) If the chief executive cancels the allocation notice, it ceases to have 9 effect from-- 10 (a) the day the notice is given; or 11 (b) if a later day is stated in the notice--the stated day. 12 `(7) The amendment, suspension or cancellation does not give the holder 13 a right to compensation for any loss or damage arising from the 14 amendment, suspension or cancellation. 15 `Subdivision 6--Surrender of allocation 16 `61T Surrender 17 `The holder of an allocation notice may surrender the holder's allocation 18 by giving the chief executive-- 19 (a) written notice of the surrender; and 20 (b) the allocation notice. 21 `Division 2--Dredge management plans 22 `Subdivision 1--Preliminary 23 `61U What is a dredge management plan 24 `A dredge management plan is a plan-- 25

 


 

s 15 25 s 15 Coastal Protection and Management and Other Legislation Amendment Bill 2001 (a) prepared by a person proposing to remove quarry material below 1 high water mark or place spoil derived from the removal (the 2 "proposed activity"); and 3 (b) used to manage the removal or the placement. 4 5 Example of `person' for paragraph (a)-- 6 A government entity or a port authority. `61V Preparation of plans 7 `(1) In preparing a dredge management plan, a person must consider-- 8 (a) the matters mentioned in section 61G; and 9 (b) the impact the proposed activity may have on coastal 10 management, including the matters mentioned in 11 section 61ZJ(2). 12 `(2) The dredge management plan must include the following-- 13 (a) a description of the area to which the plan relates; 14 (b) a description of the method to be used to remove or interfere with 15 the quarry material; 16 (c) details of the locations where spoil is to be placed or disposed of; 17 (d) details of measures the person intends to take to minimise the 18 proposed activity's adverse impacts on coastal management. 19 `Subdivision 2--Obtaining approval of dredge management plans 20 `61W Applications for approval of plans 21 `(1) A person may apply to the chief executive for approval of a dredge 22 management plan. 23 `(2) The application must be accompanied by-- 24 (a) a copy of the plan; and 25 (b) the fee prescribed under a regulation. 26

 


 

s 15 26 s 15 Coastal Protection and Management and Other Legislation Amendment Bill 2001 `61X Requesting additional information and documents 1 `(1) The chief executive may, by written notice, ask the applicant to give 2 the chief executive further reasonable information or documents about the 3 plan by the reasonable date stated in the notice. 4 `(2) The chief executive may refuse to approve the plan if the applicant 5 does not give the chief executive the further information or documents by 6 the stated day. 7 `(3) If the chief executive agrees, the applicant may amend the plan 8 before the chief executive has finished considering it. 9 `61Y Approving or refusing to approve plans 10 `(1) The chief executive may approve the plan if satisfied the removal of 11 quarry material and the placement or disposal of spoil under the plan-- 12 (a) are consistent with the State plan and regional plans; and 13 (b) do not adversely affect coastal management or navigational 14 safety; and 15 (c) do not adversely affect management of-- 16 (i) fish habitats under the Fisheries Act 1994; or 17 (ii) marine parks under the Marine Parks Act 1982; or 18 (iii) protected areas under the Nature Conservation Act 1992; 19 and 20 (d) do not adversely affect waters mentioned in the Environmental 21 Protection (Water) Policy 1997, schedule 1, column 1, having 22 regard to the environmental values and water quality objectives 23 stated in a document mentioned in column 2 of that schedule for 24 the waters; and 25 (e) if the removal or placement happens on land below high water 26 mark within the limits of a port--do not adversely affect the 27 operation of the port. 28 `(2) Before approving the plan, the chief executive may require the 29 person to include in the plan details about the following-- 30 (a) the area to which the plan relates; 31

 


 

s 15 27 s 15 Coastal Protection and Management and Other Legislation Amendment Bill 2001 (b) the quantity of quarry material that may be removed under the 1 plan; 2 (c) the maximum rate at which the quarry material may be removed; 3 (d) monitoring the impact of the removal of the quarry material or 4 placement of spoil on coastal management; 5 (e) the nature and extent of surveys to be carried out in relation to the 6 removal of the quarry material or placement of spoil; 7 (f) giving the chief executive information about the quantity of 8 quarry material removed by the holder of the plan; 9 (g) the rate of royalty payable for removal of the quarry material; 10 (h) the placement or disposal of spoil derived from the removal; 11 (i) the release of contaminants, dust or particulate matter into the 12 environment, or the emission of noise, because of the removal, 13 placement or disposal of the quarry material; 14 (j) monitoring, maintaining or rehabilitating the site at which the 15 removal, placement or disposal happens; 16 (k) any other matter the chief executive decides having regard to 17 coastal management. 18 `(3) Within 10 business days after deciding the application, the chief 19 executive must give the applicant written notice of-- 20 (a) the decision; and 21 (b) if the chief executive decides to refuse the application--the 22 reasons for the refusal. 23 `(4) An approved plan has effect, unless sooner cancelled or suspended, 24 for the period, of not more than 6 years, decided by the chief executive. 25 `61Z Relationship with IPA 26 `(1) This section applies to a person who has an approved dredge 27 management plan dealing with operational work mentioned in the 28 Integrated Planning Act 1997, schedule 8, part 1, item 3D. 29 `(2) Despite the Integrated Planning Act 1997, section 3.1.4, the person 30 is not required to have a development approval for the work if-- 31

 


 

s 15 28 s 15 Coastal Protection and Management and Other Legislation Amendment Bill 2001 (a) the chief executive would be the assessment manager for the 1 work under that Act; and 2 (b) there would be no referral agencies for the work under that Act. 3 `(3) Also, despite the Integrated Planning Act 1997, section 3.3.3, the 4 person is not required to refer a development application for the work to the 5 chief executive if the chief executive is a referral agency for the work.4 6 `(4) Subsections (2) and (3) apply only to the extent the operational 7 works have been approved under the plan. 8 `61ZA Transferring approved plan 9 `(1) The holder of an approved plan may apply to the chief executive to 10 transfer the plan to another person. 11 `(2) The application must be-- 12 (a) supported by sufficient information to enable the chief executive 13 to decide the application, including, for example, the consent of 14 the transferee to the transfer; and 15 (b) accompanied by the fee prescribed under a regulation. 16 `(3) Within 30 business days after receiving the application, the chief 17 executive must-- 18 (a) approve the transfer as applied for, with or without conditions; or 19 (b) approve the transfer, as varied by the chief executive, with or 20 without conditions; or 21 (c) refuse the transfer. 22 `(4) Within 10 business days after deciding the application, the chief 23 executive must give the applicant and the other person written notice of-- 24 (a) the decision; and 25 (b) if the chief executive decides to refuse the transfer--the reasons 26 for the refusal. 27 `(5) The transfer has effect from the day the notice is given. 28 4 Integrated Planning Act 1997, sections 3.1.4 (When is a development permit necessary) and 3.3.3 (Applicant gives material to referral agency)

 


 

s 15 29 s 15 Coastal Protection and Management and Other Legislation Amendment Bill 2001 `61ZB Renewing approvals 1 `(1) The holder of an approved plan may apply to the chief executive for 2 renewal of the approval. 3 `(2) The application must be accompanied by-- 4 (a) a copy of the plan; and 5 (b) the fee prescribed under a regulation. 6 `(3) Within 30 business days after receiving the application, the chief 7 executive must-- 8 (a) approve the renewal, with or without a requirement that the 9 holder include details in the plan of a matter mentioned in 10 section 61Y(2); or 11 (b) refuse the application. 12 `(4) However, the chief executive may refuse the application or impose a 13 requirement under subsection (3)(a) only if the chief executive is 14 satisfied-- 15 (a) the holder has not complied with the plan or this Act; or 16 (b) the holder proposes to change the way in which, or the place 17 where, the activities under the plan are carried out; or 18 (c) the plan is inconsistent with a coastal plan that has been amended 19 or approved since the dredge management plan was approved; or 20 (d) the risk of a detrimental impact on coastal management from an 21 activity carried out under the plan has significantly increased 22 since the plan was approved; or 23 (e) a matter that was not considered in the preparation of the plan-- 24 (i) is having, or may have, a detrimental impact on coastal 25 management; and 26 (ii) needs to be addressed in the plan. 27 `(5) Within 10 business days after deciding the application, the chief 28 executive must give the applicant written notice of-- 29 (a) the decision; and 30 (b) if the chief executive decides to refuse the application--the 31 reasons for the refusal. 32

 


 

s 15 30 s 15 Coastal Protection and Management and Other Legislation Amendment Bill 2001 `Subdivision 3--Amending plans and suspending or cancelling 1 approvals 2 `61ZC Amendment--grounds 3 `(1) The chief executive may amend an approved plan-- 4 (a) with the written agreement of the plan holder; or 5 (b) if the chief executive is satisfied, or reasonably believes, the 6 amendment is necessary or desirable for coastal management. 7 `(2) However, an amendment must not increase the period for which the 8 plan has effect. 9 `61ZD Suspension or cancellation--grounds 10 `The chief executive may suspend or cancel approval of a plan if the 11 chief executive is satisfied, or reasonably believes-- 12 (a) the approval was granted in error or because of a materially false 13 or fraudulent document, statement or representation; or 14 (b) the plan holder-- 15 (i) has committed, or is committing, an offence against this Act 16 or another Act relating to protection of the environment; or 17 (ii) has not complied with the plan; or 18 (c) the suspension or cancellation is necessary or desirable for 19 coastal management. 20 `61ZE Amendment, suspension or cancellation--procedure 21 `(1) Before amending an approved plan, or suspending or cancelling 22 approval of a plan, the chief executive must give the plan holder a written 23 notice inviting the holder to show why the plan should not be amended, or 24 the approval should not be suspended or cancelled (the "proposed 25 action"). 26 `(2) The notice must state each of the following-- 27 (a) the proposed action; 28 (b) the grounds for the proposed action; 29

 


 

s 15 31 s 15 Coastal Protection and Management and Other Legislation Amendment Bill 2001 (c) the facts and circumstances forming the basis for the grounds; 1 (d) if the proposed action is to amend the plan--the proposed 2 amendment; 3 (e) if the proposed action is suspension of the approval--the 4 proposed suspension period; 5 (f) that representations may be made about the notice; 6 (g) how the representations may be made; 7 (h) where the representations may be made or sent; 8 (i) a period within which the representations must be made. 9 `(3) The stated period must end at least 10 business days after the notice 10 is given. 11 `(4) If, after considering all representations made within the stated 12 period, the chief executive still considers the proposed action should be 13 taken, the chief executive may-- 14 (a) if the proposed action is to amend the plan--amend the plan; and 15 (b) if the proposed action is to suspend the approval--suspend the 16 approval for no longer than the proposed suspension period; and 17 (c) if the proposed action is to cancel the approval--cancel the 18 approval or suspend it for a period. 19 `(5) This section does not apply if the plan is amended under 20 section 61ZC(1)(a). 21 `61ZF Notice and effect of amendment, suspension or cancellation 22 `(1) If the chief executive amends a plan, or suspends or cancels an 23 approval, written notice and particulars of the amendment, suspension or 24 cancellation must be given to the plan holder. 25 `(2) The notice must state the decision and the reasons for it. 26 `(3) An amendment takes effect from the day the notice is given. 27 `(4) If the chief executive suspends approval of a plan, the approval is 28 ineffective during the period of suspension. 29 `(5) The suspension-- 30 (a) may be for the period the chief executive decides; and 31

 


 

s 15 32 s 15 Coastal Protection and Management and Other Legislation Amendment Bill 2001 (b) has effect from-- 1 (i) the day the notice is given; or 2 (ii) if a later day is stated in the notice--the stated day. 3 `(6) If the chief executive cancels approval of a plan, the approval ceases 4 to have effect from-- 5 (a) the day the notice is given; or 6 (b) if a later day is stated in the notice--the stated day. 7 `(7) The amendment, suspension or cancellation does not give the plan 8 holder a right to compensation for any loss or damage arising from the 9 amendment, suspension or cancellation. 10 `Division 3--Offences 11 `61ZG Removing quarry material 12 `(1) A person must not, without reasonable excuse, remove quarry 13 material below high water mark unless the person is the holder of an 14 allocation notice or an approved dredge management plan for the material. 15 Maximum penalty--1 665 penalty units. 16 `(2) A person must not, without a reasonable excuse-- 17 (a) contravene a condition of an allocation notice; or 18 (b) remove quarry material under an approved dredge management 19 plan other than in accordance with the plan. 20 Maximum penalty--1 665 penalty units. 21 `(3) On a conviction for an offence under subsection (1), the court in 22 addition to imposing a penalty may order the offender pay to the chief 23 executive royalty at the rate prescribed under a regulation for 24 section 61ZH(1) for the quarry material removed in contravention of 25 subsection (1). 26 `(4) Subsection (1) does not apply to a person who removes quarry 27 material-- 28 (a) because of an emergency endangering the life or health of a 29 person or involving a serious threat to the environment; or 30

 


 

s 15 33 s 15 Coastal Protection and Management and Other Legislation Amendment Bill 2001 (b) while fossicking under a licence under the Fossicking Act 1994 if 1 the person does not remove more than 1 m3 of quarry material in 2 a year. 3 `(5) In this section-- 4 "remove" includes collect. 5 `Division 4--General 6 `61ZH Royalty or price for quarry material 7 `(1) For quarry material removed under an allocation notice or a dredge 8 management plan, royalty at the rate prescribed under a regulation or the 9 price set for the sale is payable to the State as prescribed under the 10 regulation or the sale. 11 `(2) The royalty, or the price payable and not paid, is a debt due to the 12 State. 13 `(3) Despite subsection (1), a port authority is not liable to pay a royalty 14 for quarry material removed-- 15 (a) to maintain or improve navigational channels or navigation in its 16 port if the material is disposed of-- 17 (i) in an area associated with port activities and approved by 18 the Minister of the department through which the Transport 19 Infrastructure Act 1994 is administered; and 20 (ii) under relevant statutory environmental controls; or 21 (b) to reclaim land that is, or is proposed to be, strategic port land 22 under the Transport Infrastructure Act 1994. 23

 


 

s 15 34 s 15 Coastal Protection and Management and Other Legislation Amendment Bill 2001 `PART 6--DEVELOPMENT APPROVALS FOR 1 ASSESSABLE DEVELOPMENT 2 `Division 1--Preliminary 3 `61ZI Application of pt 6 4 `This part applies if the chief executive is the assessment manager or a 5 concurrence agency for a development application. 6 `Division 2--Assessment and conditions of assessable development in the 7 coastal zone 8 `61ZJ Assessing applications 9 `(1) In assessing the application the chief executive must consider the 10 potential impact of the development on coastal management. 11 `(2) Without limiting subsection (1), the chief executive must consider 12 the following-- 13 (a) natural coastal, riverine and estuarine processes, including, for 14 example, erosion and accretion, wave and tidal currents, littoral 15 drift, tidal prism and tidal inundation; 16 (b) natural topography and drainage of coastal land, including, for 17 example, the integrity of dune systems and natural surface 18 runoff; 19 (c) coastal wetlands and other coastal ecological systems, including, 20 for example, the wildlife, biological diversity and water quality 21 of the wetlands or systems; 22 (d) places or objects that have cultural heritage, landscape, 23 historical, anthropological, archaeological or aesthetic 24 significance or value, including, for example, significance or 25 value under Aboriginal tradition or Torres Strait Islander custom; 26 (e) public access to the foreshore. 27

 


 

s 15 35 s 15 Coastal Protection and Management and Other Legislation Amendment Bill 2001 `(3) Also, if the application is for reconfiguration of a lot in connection 1 with the construction of an artificial waterway, the chief executive must 2 consider the following-- 3 (a) the proposed use and maintenance of the artificial waterway after 4 it is constructed; 5 (b) how the top water level in the waterway and the water supply, if 6 any, to the waterway will be maintained; 7 (c) how water, if any, is supplied to the waterway; 8 (d) the capacity of the outlet structure, if any, from the waterway; 9 (e) how pollution and siltation of the waterway will be minimised; 10 (f) how the waterway's water quality will be monitored and 11 maintained. 12 `(4) Subsections (1) to (3) do not limit section 3.3.15 or chapter 3, part 5, 13 division 2, of the Integrated Planning Act 1997. 14 `61ZK Declaration for Integrated Planning Act 1997, ss 3.3.15, 3.5.4 15 and 3.5.5 16 `To remove any doubt, it is declared that for the Integrated Planning Act 17 1997, sections 3.3.15(1)(a), 3.5.4(3) and 3.5.5(2)(e) and (3)(e), the laws 18 and policies mentioned in the sections include the State plan and regional 19 plans.5 20 `61ZL Development approvals--general conditions 21 `(1) The chief executive may impose on the development approval the 22 conditions the chief executive considers appropriate for coastal 23 management. 24 `(2) Without limiting subsection (1), the chief executive may impose 25 conditions about-- 26 (a) the rate of progress of the development; and 27 (b) if the approval is for development in connection with the 28 construction of an artificial waterway-- 29 5 Integrated Planning Act 1997, sections 3.3.15 (Referral agency assesses application), 3.5.4 (Code assessment) and 3.5.5 (Impact assessment)

 


 

s 15 36 s 15 Coastal Protection and Management and Other Legislation Amendment Bill 2001 (i) the specifications for construction of training walls and 1 other works, including, for example, sand bypassing 2 systems, associated with the waterway; or 3 (ii) the use or disposal of spoil derived from the construction of 4 the waterway, including, for example, restrictions about 5 using the spoil to raise the level of any land; or 6 (iii) the profile of the waterway bed, and revetment on the bed or 7 banks of the waterway; or 8 (iv) the size of riparian buffer zones along the waterway; or 9 (v) the management or disposal of acid sulphate soils; and 10 (c) if the approval is for development that is reconfiguration of a lot 11 on which a canal has been constructed-- 12 (i) the matters mentioned in paragraph (b); or 13 (ii) the maintenance and management of the waterway. 14 `61ZM Development approvals--condition about financial assurance 15 `(1) Without limiting section 61ZL, the chief executive may impose a 16 condition on the development approval that the holder of the approval must give the chief executive financial assurance for the State in the form, and 17 for the reasonable amount, decided by the chief executive. 18 `(2) The financial assurance must continue in force until all the 19 conditions of the development approval are complied with to the 20 satisfaction of the chief executive. 21 `61ZN Development approvals--conditions for development partly in 22 a coastal management district 23 `(1) This section applies to a development application for development 24 partly within a coastal management district, other than an application to 25 reconfigure a lot in connection with the construction of a canal. 26 `(2) The chief executive may impose conditions on the development 27 approval for the development only in relation to the part of the 28 development in the district. 29

 


 

s 15 37 s 15 Coastal Protection and Management and Other Legislation Amendment Bill 2001 `Division 3--Land surrender conditions 1 `Subdivision 1--Preliminary 2 `61ZO Application of div 3 3 `This division applies to a development application for reconfiguration 4 of a lot situated completely or partly within a coastal management district. 5 `Subdivision 2--Land surrender 6 `61ZP Governor in Council may approve inclusion of land surrender 7 condition 8 `(1) Subject to section 61ZT, the chief executive may include a condition 9 (a "land surrender condition") that a part of the lot (the "land") in the 10 coastal management district must be surrendered to the State for coastal 11 management. 12 `(2) However, the land may be required to be surrendered under 13 subsection (1) only if-- 14 (a) the chief executive is satisfied the land should be surrendered for 15 coastal management; and 16 (b) the land is-- 17 (i) in an erosion prone area; or 18 (ii) within 40 m of the foreshore; and 19 (c) the Governor in Council approves the inclusion of the land 20 surrender condition. 21 `61ZQ Notice of condition about land surrender 22 `(1) Before including a land surrender condition under section 61ZP(1), 23 the chief executive must give a written notice to-- 24 (a) the applicant; and 25 (b) if the chief executive is not the assessment manager for the 26 application--the assessment manager. 27

 


 

s 15 38 s 15 Coastal Protection and Management and Other Legislation Amendment Bill 2001 `(2) The notice must-- 1 (a) state the chief executive is considering including a land surrender 2 condition; and 3 (b) include details of the land to be surrendered. 4 `(3) The IDAS process under the Integrated Planning Act 1997 stops on 5 the day the notice is received by the applicant and starts again on the day 6 the chief executive gives the applicant a notice under section 61ZS(1). 7 `61ZR Criteria for decision 8 `In deciding whether to include a land surrender condition, and the land 9 to be surrendered, the chief executive must consider how surrender of the 10 land would avoid or minimise detrimental impacts on coastal management. 11 `61ZS Notice of decision about land surrender 12 `(1) After making a decision about whether or not to include a land 13 surrender condition, the chief executive must give a written notice to-- 14 (a) the applicant; and 15 (b) if the chief executive is not the assessment manager for the 16 application--the assessment manager. 17 `(2) The notice must-- 18 (a) state the decision and the date it was made; and 19 (b) if the decision is to include a land surrender condition-- 20 (i) state the day the Governor in Council approved the 21 inclusion of the land surrender condition; and 22 (ii) include details of the land to be surrendered. 23 `61ZT When land surrender condition may not be included 24 `The chief executive must not include a land surrender condition on the 25 development approval for the application if-- 26 (a) the lot relating to the application was part of another lot that has 27 been the subject of-- 28 (i) a development application; or 29

 


 

s 15 39 s 15 Coastal Protection and Management and Other Legislation Amendment Bill 2001 (ii) an application to rezone land under the Local Government 1 (Planning and Environment) Act 1990; and 2 (b) a part of the other lot was surrendered to the State under a land 3 surrender condition or the Beach Protection Act, section 41C(6) 4 or 45(7).6 5 `61ZU Other matters about land surrender condition 6 `(1) No compensation is payable because of a land surrender condition. 7 `(2) Despite the Integrated Planning Act 1997, section 4.1.27(1)(b), the 8 applicant for the development approval may not appeal to the court against 9 a land surrender condition. 10 `(3) To remove any doubt, it is declared that a land surrender condition 11 complies with the Integrated Planning Act 1997, section 3.5.30.7 12 `Division 4--Matters about artificial waterways 13 `Subdivision 1--Canals 14 `61ZV Canals--surrender to the State 15 `(1) This section applies to a development application to reconfigure a 16 lot in connection with the construction of a canal. 17 `(2) The area of the canal relating to the development must be 18 surrendered to the State as a public waterway. 19 6 Beach Protection Act, sections 41C (Mandatory condition for rezoning approvals) or 45 (Opening of road or subdivision of land in coastal management control district) 7 Integrated Planning Act 1997, sections 4.1.27 (Appeals by applicants) and 3.5.30 (Conditions must be relevant or reasonable)

 


 

s 15 40 s 15 Coastal Protection and Management and Other Legislation Amendment Bill 2001 `Subdivision 2--Development applications involving artificial waterways 1 `61ZW Applications to include operational works 2 `A development application for the reconfiguration of a lot in connection 3 with the construction of an artificial waterway must relate also to 4 operational work associated with the construction of the artificial 5 waterway. 6 `61ZX When assessment manager must refuse application 7 `The assessment manager for a development application for the 8 reconfiguration of a lot in connection with the construction of a canal must 9 refuse the application if-- 10 (a) the canal is to intersect, or be connected to, inundated land or 11 leased land; and 12 (b) the registered proprietor of the inundated land or lessee of the 13 leased land may restrict or prohibit the use or movement of 14 vessels in water on the land. 15 `Subdivision 3--Plans of subdivision 16 `61ZY Requirements for plans of subdivision 17 `(1) If a plan of subdivision shows an artificial waterway on the plan, the 18 plan must-- 19 (a) show the area of the artificial waterway as a separate lot; and 20 (b) include a metes and bounds description of the land on which the 21 waterway is to be constructed; and 22 (c) clearly indicate-- 23 (i) if the waterway is a canal--that the land is to be a canal; and 24 (ii) if the waterway is not a canal--that the land is an artificial 25 waterway; and 26 (iii) any access channel associated with the waterway. 27

 


 

s 15 41 s 15 Coastal Protection and Management and Other Legislation Amendment Bill 2001 `(2) Also, the local government for the local government area in which 1 the waterway is constructed must certify on the plan that-- 2 (a) the waterway, and any access channel associated with the 3 waterway, is constructed in accordance with the development 4 approval for the waterway; and 5 (b) if the waterway is not a canal--the local government is satisfied 6 arrangements have been made, or will be made, for the 7 maintenance and management of the waterway. 8 `(3) Subsections (1) and (2) apply in addition to the requirements for 9 registration of a plan of subdivision under the Land Title Act 1994, 10 section 50.8 11 `61ZZ Registration of instruments--construction of artificial 12 waterways 13 `(1) The registrar of titles must not register an instrument dealing with 14 land the subject of a reconfiguration of a lot in connection with the 15 construction of an artificial waterway unless-- 16 (a) the plan of subdivision for the reconfiguration of the lot is 17 registered under the Land Title Act 1994; and 18 (b) if the artificial waterway is a canal-- 19 (i) the plan of subdivision is certified by a local government 20 under section 61ZY(2)(a); and 21 (ii) the area of the canal has been surrendered to the State as a 22 public waterway. 23 `(2) Subsection (1) does not apply to an instrument surrendering the area 24 of a canal to the State if the plan of subdivision for the reconfiguration of a 25 lot in connection with the construction of the canal is-- 26 (a) registered under the Land Title Act 1994; and 27 (b) certified by a local government under section 61ZY(2)(a). 28 8 Land Title Act 1994, section 50 (Requirements for registration of plan of subdivision)

 


 

s 15 42 s 15 Coastal Protection and Management and Other Legislation Amendment Bill 2001 `PART 7--MISCELLANEOUS 1 `61ZZA Maintenance of canals 2 `(1) A local government must maintain and keep clean each-- 3 (a) canal in its area; and 4 (b) access channel for a canal mentioned in paragraph (a), whether 5 or not the access channel is in its area. 6 `(2) Subsection (1) does not apply to-- 7 (a) a canal, other than an access channel for the canal, constructed 8 under the Integrated Resort Development Act 1987; or 9 (b) a canal constructed under the Sanctuary Cove Resort Act 1985. 10 `(3) In this section-- 11 "canal" means-- 12 (a) an artificial waterway surrendered to the State under this Act or 13 the Canals Act; or 14 (b) a canal surrendered under a lease under the Land Act 1994. 15 `61ZZB Canal waters are part of coastal management district 16 `(1) The waters of a canal constructed completely or partly within a 17 coastal management district are taken to be part of the coastal management 18 district when the canal is connected to tidal water. 19 `(2) Subsection (1) applies to waters of the canal to the extent of the tidal 20 limit. 21 `61ZZC Development permits--right to use and occupy 22 `(1) This section applies to a development permit for operational work 23 that is tidal works on land under tidal water unless-- 24 (a) a lease is granted under the Land Act 1994 for the land; or 25 (b) a permit to occupy is issued under that Act for the land. 26 `(2) The development permit is taken to include a right to use and 27 occupy the land on which the tidal works are situated. 28

 


 

s 16 43 s 16 Coastal Protection and Management and Other Legislation Amendment Bill 2001 `61ZZD Obligation to keep certain tidal works in safe condition 1 `(1) This section applies to an owner of freehold land, and a lessee of 2 land leased from the State, if the land is-- 3 (a) above high water mark; and 4 (b) connected to, or receives the benefit of, a structure for which a 5 development permit for operational work that is tidal works on 6 land under tidal water has been given. 7 `(2) The owner or lessee must ensure the structure is maintained in a safe 8 condition. 9 10 Examples of a `structure'-- 11 a jetty 12 a pontoon 13 a boat ramp. `(3) In this section-- 14 "lessee", of land leased from the State, means a person registered in the 15 land registry under the Land Act 1994 as the holder of a lease from the 16 State for the land. 17 "owner", of freehold land, means a person recorded in the freehold land 18 register under the Land Title Act 1994 as a proprietor of the land.'. 19 16 Insertion of new s 62A Clause 20 After section 62-- 21 insert-- 22 `62A Investigative functions of authorised persons 23 `An authorised person has the function of conducting investigations and 24 inspections to monitor and enforce compliance with-- 25 (a) this Act; and 26 (b) the Integrated Planning Act 1997, so far as it relates to assessable 27 development completely or partly within a coastal management 28 district.'. 29

 


 

s 17 44 s 18 Coastal Protection and Management and Other Legislation Amendment Bill 2001 17 Amendment of s 103 (Regulation making power) Clause 1 (1) Section 103, heading-- 2 omit, insert-- 3 `103 Regulation-making power'. 4 (2) Section 103(2)-- 5 insert-- 6 `(ea)requirements for erecting or altering a building or other structure 7 on land in an erosion prone area;'. 8 (3) Section 103-- 9 insert-- 10 `(2A) Without limiting subsection (2)(f), a regulation may prescribe fees 11 payable to the chief executive in relation to the chief executive's functions 12 under the Integrated Planning Act 1997 as assessment manager or a 13 concurrence agency. 14 `(2B) A regulation may prescribe when the chief executive may waive a 15 royalty, or waive or refund a fee, payable under this Act.'. 16 18 Insertion of new s 103A and ch 6, hdg and pt 1, hdg Clause 17 After section 103-- 18 insert-- 19 `103A Numbering and renumbering of Act 20 `In the next reprint of this Act produced under the Reprints Act 1992, the 21 provisions of this Act must be numbered and renumbered as permitted by 22 the Reprints Act 1992, section 43.9 23 9 Reprints Act 1992, section 43 (Numbering and renumbering of provisions)

 


 

s 19 45 s 19 Coastal Protection and Management and Other Legislation Amendment Bill 2001 `CHAPTER 6--TRANSITIONAL PROVISIONS 1 `PART 1--TRANSITIONAL PROVISION FOR 2 ORIGINAL ACT (No. 41 of 1995)'. 3 19 Insertion of new ch 6, pt 2 Clause 4 After section 104-- 5 insert-- 6 `PART 2--TRANSITIONAL PROVISIONS FOR 7 COASTAL PROTECTION AND MANAGEMENT AND 8 OTHER LEGISLATION AMENDMENT ACT 2001 9 `Division 1--Coastal management districts 10 `105 Control districts taken to be coastal management districts 11 `From the commencement of this section, each area that was a control 12 district under this Act immediately before the commencement of the 13 section is taken to be a coastal management district. 14 `106 Declaration about coastal management districts in areas 15 covered by regional plans 16 `(1) This section applies if-- 17 (a) a coastal management district is declared under section 47(1)(a) 18 for an area covered by a regional plan; and 19 (b) the area includes a coastal management district or part of a 20 coastal management district (a "former district") because of 21 section 105. 22 `(2) The former district that is within the area covered by the plan ceases 23 to be a coastal management district under section 105. 24

 


 

s 19 46 s 19 Coastal Protection and Management and Other Legislation Amendment Bill 2001 `Division 2--Authorities, permits and approvals under Harbours Act, 1 Beach Protection Act and Canals Act 2 `107 Continuing effect of authorities under Harbours Act 3 `(1) This section applies to a following authority in force immediately 4 before the commencement of the section-- 5 (a) a sanction to carry out works given under the Harbours Act, 6 section 86; 7 (b) an authorisation to reclaim land given under the Harbours Act, 8 section 91. 9 `(2) From the commencement, the authority, and any conditions of the 10 authority, have effect as if the authority were a development approval in the 11 form of a development permit for operational work under the Integrated 12 Planning Act 1997, schedule 8, part 1, item 3D. 13 `(3) Subsection (2) applies only to the extent the carrying out of the 14 operational work could have been sanctioned or authorised under the 15 Harbours Act, section 86 or 91. 16 `108 Continuing effect of right to use and occupy 17 `(1) This section applies to a sanction to carry out works given under the 18 Harbours Act, section 86, if, under that section, a right to use and occupy 19 land relating to the sanction is in force immediately before the 20 commencement of this section. 21 `(2) From the commencement, the right to use and occupy the land 22 continues to have effect. 23 `(3) However, the right to use and occupy the land ceases to have effect 24 if, under the Land Act 1994-- 25 (a) a lease is granted for the land; or 26 (b) a permit to occupy is issued for the land; or 27 (c) the land is dedicated as a reserve. 28

 


 

s 19 47 s 19 Coastal Protection and Management and Other Legislation Amendment Bill 2001 `109 Continuing effect of permits under Beach Protection 1 Act, section 44 2 `(1) This section applies to a permit given under the Beach Protection 3 Act, section 44(3),10 and in force immediately before the commencement 4 of the section. 5 `(2) From the commencement, the permit, and any conditions of the 6 permit, have effect as if the permit were a development approval in the 7 form of a development permit for a material change of use of premises. 8 `(3) Subsection (2) applies despite the repeal of the Beach Protection 9 Act and only to the extent the carrying out of the material change of use of 10 premises could have been authorised under the Beach Protection Act, 11 section 44. 12 `110 Continuing effect of a consent under Beach Protection 13 Act, section 45 14 `(1) This section applies to a consent given under the Beach Protection 15 Act, section 45(6), to an application relating to an approval to open a road 16 or subdivide land in a coastal management district. 17 `(2) From the commencement of this section, the consent and any 18 conditions of the consent, have effect as if the consent were a development 19 approval in the form of a development permit to reconfigure a lot. 20 `(3) Subsection (2)-- 21 (a) applies despite the repeal of the Beach Protection Act; and 22 (b) applies only to the extent the reconfiguring of a lot could have 23 been authorised under the Beach Protection Act, section 45(6); 24 and 25 (c) has effect only for the period the approval would have had effect 26 if the Beach Protection Act had not been repealed. 27 10 Beach Protection Act, section 44 (Control of building operations)

 


 

s 19 48 s 19 Coastal Protection and Management and Other Legislation Amendment Bill 2001 `111 Continuing effect of permits under Beach Protection 1 Act, section 47 2 `(1) This section applies to a permit given under the Beach Protection 3 Act, section 47(1A),11 and in force immediately before the commencement 4 of this section. 5 `(2) From the commencement, the permit, and any conditions of the 6 permit, have effect as if the permit were a development approval in the 7 form of a development permit for operational work. 8 `(3) Subsection (2)-- 9 (a) applies despite the repeal of the Beach Protection Act; and 10 (b) applies only to the extent the work could have been authorised 11 under the Beach Protection Act, section 47(1A); and 12 (c) has effect only for the period the permit would have had effect if 13 the Beach Protection Act had not been repealed. 14 `112 Continuing effect of approvals under Canals Act 15 `(1) This section applies to the following approvals in force immediately 16 before the commencement of the section-- 17 (a) a provisional approval granted under the Canals Act, 18 section 5(4)(b); 19 (b) a final approval granted under the Canals Act, section 7(3). 20 `(2) Despite the repeal of the Canals Act, from the commencement-- 21 (a) the provisional approval, and any conditions of the approval, 22 have effect as if the approval were a preliminary approval to 23 reconfigure a lot; and 24 (b) the final approval, and any conditions of the approval, have effect 25 as if the approval were a development approval in the form of a 26 development permit for-- 27 (i) reconfiguration of a lot to construct an artificial waterway; 28 and 29 (ii) operational works to construct the waterway. 30 11 Beach Protection Act, section 47 (Certain acts prohibited without permit)

 


 

s 19 49 s 19 Coastal Protection and Management and Other Legislation Amendment Bill 2001 `(3) Subsection (2) has effect only for the period the approval would 1 have had effect if the Canals Act had not been repealed. 2 `113 Relationship to Integrated Planning Act 1997, ch 3, pt 5, div 5 3 `(1) This section applies to each of the following (a "deemed 4 approval")-- 5 (a) a sanction to carry out works given under the Harbours Act, 6 section 86; 7 (b) an authorisation to reclaim land given under the Harbours Act, 8 section 91; 9 (c) a permit under the Beach Protection Act, section 44; 10 (d) a consent given under the Beach Protection Act, section 45(6), to 11 an application relating to an approval to open a road or subdivide 12 land in a coastal management district; 13 (e) a permit under the Beach Protection Act, section 47(1A); 14 (f) a provisional approval to construct a canal under the Canals Act, 15 section 5; 16 (g) a final approval to construct a canal under the Canals Act, 17 section 7. 18 `(2) The Integrated Planning Act 1997, chapter 3, part 5, division 5 19 applies to a deemed approval. 20 `(3) However, if the deemed approval is for operational work that is tidal 21 works associated with construction of a structure, the currency period for 22 the deemed approval is-- 23 (a) the 4 years starting the day this section commences; or 24 (b) if the deemed approval states or implies a time for the approval to 25 lapse--the period from the day the approval had effect until the 26 stated or implied time. 27 `(4) If development under a deemed approval mentioned in 28 subsection (3) is not substantially completed at the end of the currency 29 period for the approval, the deemed approval lapses. 30

 


 

s 19 50 s 19 Coastal Protection and Management and Other Legislation Amendment Bill 2001 `Division 3--Dredging permits 1 `114 Continuing effect of dredging permits 2 `(1) This section applies to a dredging permit granted under the Marine 3 Land Dredging By-law 1987, section 7. 4 `(2) Despite the repeal of the Marine Land Dredging By-law 1987, the 5 permit, and any conditions of the permit continue to have effect for the 6 term of the permit. 7 `Division 4--Applications in progress 8 `115 Effect of commencement on certain applications 9 `(1) This section applies to an application for any of the following not 10 finally decided before the commencement of this section-- 11 (a) a sanction to carry out works given under the Harbours Act, 12 section 86; 13 (b) an authorisation to reclaim land given under the Harbours Act, 14 section 91; 15 (c) a permit under the Beach Protection Act, section 44; 16 (d) a consent under the Beach Protection Act, section 45(6), relating 17 to an approval to open a road or subdivide land in a coastal 18 management district; 19 (e) a permit under the Beach Protection Act, section 47(1A); 20 (f) a provisional approval to construct a canal under the Canals Act, 21 section 5; 22 (g) a final approval to construct a canal under the Canals Act, 23 section 7; 24 (h) a dredging permit under the Marine Land Dredging By-law 25 1987, section 6. 26 `(2) From the commencement-- 27 (a) processing of the application and all matters incidental to the 28 processing must proceed as if the Act or by-law under which the 29 application was made had not been repealed; and 30

 


 

s 19 51 s 19 Coastal Protection and Management and Other Legislation Amendment Bill 2001 (b) any sanction, authorisation, permit, consent or approval issued is 1 taken to be a preliminary approval or development permit, as the 2 case may be. 3 `116 When certain applications lapse 4 `(1) This section applies to an application for any of the following made 5 before the commencement of the section-- 6 (a) a sanction to carry out works given under the Harbours Act, 7 section 86; 8 (b) an authorisation to reclaim land given under the Harbours Act, 9 section 91; 10 (c) a provisional approval to construct a canal under the Canals Act, 11 section 5. 12 `(2) If the chief executive has, by written notice given before the 13 commencement of this section, asked the applicant to give the chief 14 executive a stated document or information relevant to the application, the 15 applicant must give the stated document or information to the chief 16 executive within 1 year after the commencement. 17 `(3) If the applicant does not give the chief executive the stated 18 document or information within the period mentioned in subsection (2), the 19 application lapses. 20 `117 Applications to reconfigure a lot in a coastal management district 21 `(1) This section applies if-- 22 (a) immediately before the commencement of the section, a person 23 who holds an authority from a local government to reconfigure a 24 lot in a coastal management district has not applied for the 25 Governor in Council's consent under the Beach Protection Act, 26 section 45(4); and 27 (b) after the commencement, the person intends to reconfigure the 28 lot. 29 `(2) The person must apply for a development approval for the 30 reconfiguration under the Integrated Planning Act 1997. 31 `(3) The chief executive is the assessment manager for the application. 32

 


 

s 19 52 s 19 Coastal Protection and Management and Other Legislation Amendment Bill 2001 `Division 5--Dissolution of Beach Protection Authority 1 `118 Dissolution of Beach Protection Authority 2 `On the commencement of this section-- 3 (a) the Beach Protection Authority (the "authority") is dissolved; 4 and 5 (b) each member of the authority goes out of office; and 6 (c) the assets and liabilities of the authority-- 7 (i) are transferred to the State and become assets and liabilities 8 of the State; and 9 (ii) are to be administered by the Minister; and 10 (d) the State is substituted as a party for the authority in all pending 11 and existing proceedings to which the authority is a party. 12 `119 References to Beach Protection Authority 13 `(1) This section applies to a reference in an Act or document, 14 immediately before the commencement of the section, to the Beach 15 Protection Authority. 16 `(2) From the commencement, the reference may, if the context permits, 17 be taken to be a reference to the chief executive. 18 `Division 6--Erosion prone areas 19 `120 Transition of areas specified in erosion prone area plans 20 `(1) This section applies to an area that, immediately before the 21 commencement of the section, is specified in an erosion prone area plan 22 under the Beach Protection Act as an area that may be subject to erosion or 23 encroachment by tidal water. 24 `(2) From the commencement, the area is taken to be an erosion prone 25 area under this Act. 26 `(3) This section applies despite the repeal of the Beach Protection Act.'. 27

 


 

s 20 53 s 21 Coastal Protection and Management and Other Legislation Amendment Bill 2001 PART 3--AMENDMENT OF INTEGRATED PLANNING 1 ACT 1997 2 20 Act amended in pt 3 Clause 3 This part amends the Integrated Planning Act 1997. 4 21 Amendment of sch 8 (Assessable, self-assessable and exempt Clause 5 development) 6 (1) Schedule 8, part 1-- 7 insert-- 8 `3D. Carrying out operational work that is-- 9 (a) tidal works; or 10 (b) any of the following works carried out completely or partly 11 within a coastal management district-- 12 (i) interfering with quarry material on State coastal land above 13 high water mark; 14 (ii) disposing of dredge spoil or other solid waste material in 15 tidal water, other than under an allocation notice under the 16 Coastal Protection and Management Act 1995; 17 (iii) draining or allowing drainage or flow of water or other 18 matter across State coastal land above high water mark; 19 (iv) building a structure in a watercourse, other than in tidal 20 water, if the structure interferes with the flow of water in the 21 watercourse; 22 (v) reclaiming land under tidal water; 23 (vi) constructing an artificial waterway associated with the 24 reconfiguration of a lot; 25 (vii) constructing an artificial waterway not associated with the 26 reconfiguration of a lot on land, other than State coastal 27 land, above high water mark if the maximum surface area of 28 water in the waterway is at least 5 000 m2; 29

 


 

s 21 54 s 21 Coastal Protection and Management and Other Legislation Amendment Bill 2001 (viii)constructing a bank or bund wall to establish a ponded 1 pasture on land, other than State coastal land, above high 2 water mark; 3 (ix) removing or interfering with coastal dunes on land, other 4 than State coastal land, that is in an erosion prone area and 5 above high water mark.'. 6 (2) Schedule 8, part 3-- 7 insert-- 8 `21C. Operational work for the construction of a navigational aid or sign 9 for maritime navigation.'. 10 (3) Schedule 8, part 4, item 22-- 11 insert-- 12 ` "artificial waterway" means an artificial waterway as defined under the 13 Coastal Protection and Management Act 1995, section 5B. 14 "coastal dune" means a ridge or hillock of sand or other material-- 15 (a) on the coast; and 16 (b) built up by the wind. 17 "coastal management district" means a coastal management district 18 under the Coastal Protection and Management Act 1995, other than 19 an area declared as a coastal management district under section 47(2) 20 of that Act. 21 "erosion prone area" means an erosion prone area as defined under the 22 Coastal Protection and Management Act 1995. 23 "high water mark" means the ordinary high water mark at spring tides. 24 "ponded pasture" means a permanent or periodic pondage of water in 25 which the dominant plant species are pasture species used for grazing 26 or harvesting. 27 "quarry material", for schedule 8, part 1, item 3D, means quarry material 28 as defined under the Coastal Protection and Management Act 1995. 29 "State coastal land" means State coastal land as defined under the Coastal 30 Protection and Management Act 1995, section 12A. 31 "tidal water" means the sea and any part of a harbour or watercourse 32 ordinarily within the ebb and flow of the tide at spring tides. 33

 


 

s 22 55 s 22 Coastal Protection and Management and Other Legislation Amendment Bill 2001 "tidal works"-- 1 1. "Tidal works" means work in, on or above land under tidal water, 2 or land that will or may be under tidal water because of 3 development on or near the land. 4 2. "Tidal works" includes work mentioned in item 1 that is 5 associated with construction of a basin, breakwater, bridge, dam, 6 dock, dockyard, embankment, groyne, jetty, pipeline, pontoon, 7 power line, seawall, slip, small craft facility, training wall or 8 wharf. 9 3. "Tidal works" does not include work mentioned in item 1 that 10 is-- 11 (a) erecting a sign or other structure, including, for example, a 12 navigational aid or sign for maritime navigation, under a 13 direction made under another Act; or 14 (b) building a drain that-- 15 (i) is less than 1 m deep; and 16 (ii) has a cross sectional area less than 2.5 m2; or 17 (c) assessable development under schedule 8, item 3D(b). 18 "watercourse", for schedule 8, part 1, item 3D, means a river, creek or 19 stream in which water flows permanently or intermittently-- 20 (a) in a natural channel, whether artificially improved or not; or 21 (b) in an artificial channel that has changed the course of the 22 watercourse.'. 23 PART 4--AMENDMENT OF LOCAL GOVERNMENT 24 ACT 1993 25 22 Act amended in pt 4 Clause 26 This part amends the Local Government Act 1993. 27

 


 

s 23 56 s 23 Coastal Protection and Management and Other Legislation Amendment Bill 2001 23 Insertion of new s 934A Clause 1 After section 934-- 2 insert-- 3 `934A Canals 4 `(1) A local government may make local laws about each of the 5 following matters for a canal in its area-- 6 (a) the movement and use of vessels, and the use of structures, in the 7 canal; 8 (b) the obligations of the owner of a structure in the canal, including, 9 for example, obligations about maintaining the structure in a safe 10 condition; 11 (c) if, under the Coastal Protection and Management Act 1995, the 12 local government must maintain the canal and keep it clean--the 13 maintenance and cleaning of the canal.12 14 `(2) Subsection (1) is subject to the Transport Operations (Marine 15 Safety) Act 1994. 16 `(3) In this section-- 17 "canal" means a canal as defined under the Coastal Protection and 18 Management Act 1995, section 5C. 19 "owner", of a structure, means-- 20 (a) the holder of a development permit under the Integrated 21 Planning Act 1997 to build the structure; or 22 (b) the owner of the land receiving the benefit of the structure or to 23 which the structure is connected.'. 24 12 For the canals a local government must maintain and keep clean, see the Coastal Protection and Management Act 1995, section 61ZZA.

 


 

s 24 57 s 25 Coastal Protection and Management and Other Legislation Amendment Bill 2001 PART 5--MINOR AMENDMENTS AND REPEAL 1 24 Acts amended--schedule Clause 2 The schedule amends the Acts it mentions. 3 25 Legislation repealed Clause 4 The following legislation is repealed-- 5 (a) Beach Protection Act 1968; 6 (b) Canals Act 1958; 7 (c) Transport Infrastructure Act 1994, sections 233 and 236. 8

 


 

58 Coastal Protection and Management and Other Legislation Amendment Bill 2001 SCHEDULE 1 MINOR AMENDMENTS 2 section 24 3 COASTAL PROTECTION AND MANAGEMENT 4 ACT 1995 5 1 Chapter 1, part 2, heading-- 6 omit, insert-- 7 `PART 2--OBJECTS AND ACHIEVEMENT OF 8 COASTAL MANAGEMENT'. 9 2 Section 3, heading-- 10 omit, insert-- 11 `3 Main objects of Act'. 12 3 Section 3, words before paragraph (a)-- 13 omit, insert-- 14 `The main objects of this Act are to--'. 15 4 Section 4(b)-- 16 omit, insert-- 17 `(b) Coastal management districts 18 Declaring coastal management districts in the coastal zone 19 as areas requiring special development controls and 20 management practices.'. 21

 


 

59 Coastal Protection and Management and Other Legislation Amendment Bill 2001 SCHEDULE (continued) 5 Section 6, heading-- 1 omit, insert-- 2 `6 Meaning of "coast" '. 3 6 Section 6, `is'-- 4 omit, insert-- 5 `means'. 6 7 Section 7, heading-- 7 omit, insert-- 8 `7 Meaning of "coastal management" '. 9 8 Section 8, heading-- 10 omit, insert-- 11 `8 Meaning of "coastal resources" '. 12 9 Section 9, heading-- 13 omit, insert-- 14 `9 Meaning of "coastal waters" '. 15 10 Section 9, `are'-- 16 omit, insert-- 17 `means'. 18

 


 

60 Coastal Protection and Management and Other Legislation Amendment Bill 2001 SCHEDULE (continued) 11 Section 10, heading-- 1 omit, insert-- 2 `10 Meaning of "coastal wetlands" '. 3 12 Section 11, heading-- 4 omit, insert-- 5 `11 Meaning of "coastal zone" '. 6 13 Section 11, `is--'-- 7 omit, insert-- 8 `means--'. 9 14 Section 11(a), `and'-- 10 omit, insert-- 11 `or'. 12 15 Section 12, heading-- 13 omit, insert-- 14 `12 Meaning of "ecologically sustainable development" '. 15 16 Section 16(2)(b), `encroachment by tidal water'-- 16 omit, insert-- 17 `tidal inundation'. 18

 


 

61 Coastal Protection and Management and Other Legislation Amendment Bill 2001 SCHEDULE (continued) 17 Sections 31(1), 35(2)(b), 41(3)(b), 47(1), (2), (5), (7) and (8), 48, 49, 1 50(1), (2)(a) and (5)(b), 51(1), 52(1) and (4)(b), 53(2)(a), 60(1), 2 61(1), 79(5)(b), 86(1) and 103(2)(a) to (e), `control'-- 3 omit, insert-- 4 `coastal management'. 5 18 Chapter 2, part 3, heading-- 6 omit, insert-- 7 `PART 3--COASTAL MANAGEMENT DISTRICTS AND 8 EROSION PRONE AREAS'. 9 19 Chapter 2, part 3, division 1, heading-- 10 omit, insert-- 11 `Division 1--Declaration, amendment, amalgamation and abolition of 12 coastal management districts'. 13 20 Sections 47 to 51, headings, `control'-- 14 omit, insert-- 15 `coastal management'. 16 21 Section 47(1), `coastal plan'-- 17 omit, insert-- 18 `plan'. 19 22 Section 48(1)(c), `inland'-- 20 omit. 21

 


 

62 Coastal Protection and Management and Other Legislation Amendment Bill 2001 SCHEDULE (continued) 23 Section 49(c), `the area'-- 1 omit, insert-- 2 `a foreshore in the area'. 3 24 Chapter 2, part 3, division 3, heading-- 4 omit, insert-- 5 `Division 3--General provisions about coastal management districts'. 6 25 Section 80(1), `52, 53, 84 or 85'-- 7 omit, insert-- 8 `52(6), 53(5), 84(12) or 85(6)'. 9 26 Section 85(2), `ending'-- 10 omit, insert-- 11 `pending'. 12 27 Section 88(1), from `6 months--'-- 13 omit, insert-- 14 `6 months after-- 15 (a) if section 86(2) applies--the refusal of the application; or 16 (b) if section 86(3) applies--the change of use.'. 17 28 Chapter 6, part 1, after section 104-- 18 insert-- 19 20 `Note-- 21 Under the Coastal Protection and Management and Other Legislation Amendment Act 22 2001, control districts were renamed as coastal management districts.'.

 


 

63 Coastal Protection and Management and Other Legislation Amendment Bill 2001 SCHEDULE (continued) 29 Schedule 2, definitions, "coastal building line" and "control 1 district"-- 2 omit. 3 30 Schedule 2-- 4 insert-- 5 ` "access channel" see section 5A. 6 "allocation notice" see section 61H(3)(b). 7 "artificial waterway" see section 5B. 8 "assessable development" see Integrated Planning Act 1997, schedule 10. 9 "assessment manager" see Integrated Planning Act 1997, section 3.1.7. 13 10 "Beach Protection Act" means the Beach Protection Act 1968. 11 "Beach Protection Authority" means the Beach Protection Authority 12 constituted under the Beach Protection Act, section 5. 13 "building" means a fixed structure that is either completely or partly 14 enclosed by walls and is roofed, and includes any part of a building. 15 "canal" see section 5C. 16 "Canals Act" means the Canals Act 1958. 17 "coastal building line" means a line declared as a coastal building line 18 under this Act. 19 "coastal management district" means a part of the coastal zone declared 20 under this Act as a coastal management district. 21 13 Under section 3.1.7 (Assessment manager) of the Integrated Planning Act, the "assessment manager", for an application for a development approval is generally the local government for the area in which the development is to be carried out. However, in some circumstances, it may be another entity prescribed under a regulation under that Act or decided by the Minister administering that Act.

 


 

64 Coastal Protection and Management and Other Legislation Amendment Bill 2001 SCHEDULE (continued) "concurrence agency", for a development application, see the Integrated 1 Planning Act 1997, schedule 10.14 2 "deemed approval" see section 113(1). 3 "development" see Integrated Planning Act 1997, section 1.3.2. 15 4 "development application" means an application for a development 5 approval. 6 "development approval" see Integrated Planning Act 1997, schedule10.16 7 "development permit" see Integrated Planning Act 1997, schedule 10. 8 "environmental authority" see Environmental Protection Act 1994, 9 schedule 3. 10 "erosion prone area" means an area declared to be an erosion prone area 11 under section 61B(1). 12 "former district" see section 106(1)(b). 13 "government entity" means a government department or an agency, 14 authority, commission, corporation, instrumentality, office or other 15 entity, established under an Act for a public or official purpose, and 16 includes part of a government entity. 17 14 Under the Integrated Planning Act, the concurrence agency for a development application is the entity prescribed under a regulation under that Act as a concurrence agency for the application or, if the functions of the entity in relation to the application have been devolved or delegated to another entity, the other entity. 15 Integrated Planning Act 1997, section 1.3.2 (Meaning of "development")-- 1.3.2. "Development" is any of the following-- (a)carrying out building work; (b)carrying out plumbing or drainage work; (c)carrying out operational work; (d)reconfiguring a lot; (e)making a material change of use of premises. Chapter 1, part 3, division 3 of the Integrated Planning Act contains supporting definitions and explanations for the term "development". 16 Under the Integrated Planning Act 1997, a development approval is required for certain development. A development approval may be in the form of a preliminary approval, a development permit or a combination of both of them.

 


 

65 Coastal Protection and Management and Other Legislation Amendment Bill 2001 SCHEDULE (continued) "harbour master" means a person who is appointed under the Transport 1 Operations (Marine Safety) Act 1994 as a harbour master. 2 "Harbours Act" means the repealed Harbours Act 1955 as continued to 3 have effect under the Transport Infrastructure Act 1994, sections 233 4 and 236. 5 "inundated land" means freehold land that, through the excavation of the 6 land or other land, has become inundated by water subject to tidal 7 influence, but does not include a canal, or part of a canal. 8 "land surrender condition" see section 61ZP(1). 9 "leased land" means land held under a lease under the Land Act 1994. 10 "local government area" means the part of the State-- 11 (a) established as a local government area under the Local 12 Government Act 1993; or 13 (b) declared to be a council area under the Community Services 14 (Aborigines) Act 1984 or the Community Services (Torres Strait) 15 Act 1984. 16 "plan of subdivision" see Land Title Act 1994, section 49. 17 "port" see Transport Infrastructure Act 1994, schedule 3. 18 "preliminary approval" see the Integrated Planning Act 1997, 19 schedule 10. 20 "quarry material"-- 21 1. "Quarry material" means material on State coastal land, other 22 than a mineral within the meaning of any Act relating to mining. 23 2. For item 1, material includes, for example, stone, gravel, sand, 24 rock, clay, mud, silt and soil, unless it is removed from a culvert, 25 stormwater drain or other drainage infrastructure as waste 26 material. 27 "reasonably believes" means believes on grounds that are reasonable in 28 the circumstances. 29 "State coastal land" see section 12A. 30

 


 

66 Coastal Protection and Management and Other Legislation Amendment Bill 2001 SCHEDULE (continued) "tidal works"-- 1 1. "Tidal works" means work in, on or above land under tidal water, 2 or land that will or may be under tidal water because of 3 development on or near the land. 4 2. "Tidal works" includes work mentioned in item 1 that is 5 associated with construction of a basin, breakwater, bridge, dam, 6 dock, dockyard, embankment, groyne, jetty, pipeline, pontoon, 7 power line, seawall, slip, small craft facility, training wall or 8 wharf. 9 3. "Tidal works" does not include work mentioned in item 1 that 10 is-- 11 (a) erecting a sign or other structure, including, for example, a 12 navigational aid or sign for maritime navigation, under a 13 direction made under another Act; or 14 (b) building a drain that-- 15 (i) is less than 1 m deep; and 16 (ii) has a cross sectional area less than 2.5 m2; or 17 (c) assessable development under the Integrated Planning Act 18 1997, schedule 8, part 1, item 3D(b). 19 "transitional planning scheme" see Integrated Planning Act 1997, 20 section 6.1.3.'. 21 INTEGRATED PLANNING ACT 1997 22 1 Section 1.1.2(2), `2002'-- 23 omit, insert-- 24 `2004'. 25

 


 

67 Coastal Protection and Management and Other Legislation Amendment Bill 2001 SCHEDULE (continued) LAND ACT 1994 1 1 Schedule 6, definition "inundated land", `Canals Act 1958'-- 2 omit, insert-- 3 `Coastal Protection and Management Act 1995'. 4 State of Queensland 2001

 


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