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This is a Bill, not an Act. For current law, see the Acts databases.


COASTAL PROTECTION AND MANAGEMENT BILL 1995

       Queensland




COASTAL PROTECTION
AND MANAGEMENT BILL
        1995

 


 

Queensland COASTAL PROTECTION AND MANAGEMENT BILL 1995 TABLE OF PROVISIONS Section Page CHAPTER 1--PRELIMINARY PART 1--INTRODUCTION 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 PART 2--OBJECT OF ACT 3 Object of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 How coastal management is to be achieved . . . . . . . . . . . . . . . . . . . . . . . . . 9 PART 3--INTERPRETATION Division 1--Standard definitions 5 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Division 2--Key definitions 6 Coast . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 7 Coastal management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 8 Coastal resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 9 Coastal waters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 10 Coastal wetlands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 11 Coastal zone . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 12 Ecologically sustainable development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Division 3--General 13 Aboriginal people and Torres Strait Islanders particularly concerned with land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 PART 4--APPLICATION OF ACT 14 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

 


 

2 Coastal Protection and Management CHAPTER 2--COASTAL MANAGEMENT PART 1--ADVISORY BODIES Division 1--Coastal Protection Advisory Council 15 Establishment of advisory council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 16 Functions of advisory council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 17 Membership of advisory council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 18 Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Division 2--Regional consultative groups 19 Establishment of regional consultative group . . . . . . . . . . . . . . . . . . . . . . . . 14 20 Functions of regional consultative group . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 21 Membership of regional consultative group . . . . . . . . . . . . . . . . . . . . . . . . . . 14 22 Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 3--General 23 Member's fees and allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 24 Chief executive may provide administrative assistance . . . . . . . . . . . . . . . 15 PART 2--COASTAL MANAGEMENT PLANS Division 1--State coastal management plan 25 State plan must be prepared . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 26 Content of State plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 27 Public notice inviting submissions on draft State plan . . . . . . . . . . . . . . . . . 15 28 Submissions to be considered when preparing final State plan . . . . . . . . . . 16 29 Approval of final State plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Division 2--Regional coastal management plans 30 Regional plans may be prepared . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 31 Content of regional plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 32 Public notice of proposal to prepare draft regional plan . . . . . . . . . . . . . . . . 18 33 Preparation of draft regional plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 34 Public notice inviting submissions on draft regional plan . . . . . . . . . . . . . . 18 35 Submissions to be considered when preparing final regional plan . . . . . . . 19 36 Approval of final regional plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 3--Review of coastal plans 37 Minister must review coastal plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

 


 

3 Coastal Protection and Management 38 Public notice of proposal to review coastal plan . . . . . . . . . . . . . . . . . . . . . 20 39 Minister prepares draft coastal plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 40 Public notice inviting submissions on new draft coastal plan . . . . . . . . . . . 21 41 Submissions to be considered when preparing final coastal plan . . . . . . . . 22 42 Approval of final coastal plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Division 4--Miscellaneous 43 Implementation of coastal plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 44 Amendment of coastal plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 45 Public inspection and purchase of coastal plans . . . . . . . . . . . . . . . . . . . . . . 23 46 Planning schemes may be amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 PART 3--CONTROL DISTRICTS Division 1--Declaration, amendment, amalgamation and abolition of control districts 47 Declaration of control districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 48 Where control districts may be declared . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 49 Things to be considered when declaring control districts . . . . . . . . . . . . . . . 25 50 Notice declaring, changing or abolishing control district . . . . . . . . . . . . . . . 26 51 Amendment, amalgamation and abolition of control districts . . . . . . . . . . . 27 Division 2--Coastal protection and tidal works notices 52 Coastal protection notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 53 Tidal works notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 54 Chief executive may take required action . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 55 Forfeiture of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 56 Record of coastal protection or tidal works notice in land registry . . . . . . . 30 57 Owner of land and builder jointly liable . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 58 Notice binding on purchaser . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Division 3--General 59 Coastal building line . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 60 Placing signs on unallocated State land . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 61 Temporary occupation of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

 


 

4 Coastal Protection and Management CHAPTER 3--INVESTIGATION AND ENFORCEMENT PART 1--ADMINISTRATION GENERALLY 62 Appointment of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 63 Qualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 64 Conditions and terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 65 Powers of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 66 Issue of identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 67 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 68 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 69 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 PART 2--INSPECTION AND OTHER POWERS Division 1--Power of entry 70 Power to enter land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 71 Authorised person to give notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . 37 72 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Division 2--General investigative powers 73 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 74 Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Division 3--General 75 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 76 False, misleading or incomplete documents . . . . . . . . . . . . . . . . . . . . . . . . . 39 77 Obstructing authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 78 Impersonating authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 CHAPTER 4--LEGAL PROCEEDINGS PART 1--EVIDENCE 79 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 PART 2--PROCEEDINGS FOR OFFENCES 80 Indictable and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 81 Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 82 Limitation on who may summarily hear indictable offence proceedings . . 42 83 Limitation on time for starting summary proceedings . . . . . . . . . . . . . . . . . 42

 


 

5 Coastal Protection and Management PART 3--RESTRAINT ORDERS 84 Restraint of contraventions of Act etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 85 Power of court to make order pending final decision in proceeding . . . . . . 45 CHAPTER 5--ADMINISTRATION PART 1--COMPENSATION 86 When compensation is payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 87 Matters for which compensation is not payable . . . . . . . . . . . . . . . . . . . . . . 48 88 How to claim compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 89 Deciding compensation payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 90 What is reasonable compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 91 Payment of compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 92 Time for starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 93 Decision by court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 94 Payment of compensation to be recorded . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 PART 2--APPEALS 95 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 96 How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 97 Appellant to give notice of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 98 Stay of operation of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 99 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 100 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 PART 3--MISCELLANEOUS 101 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 102 State of the coastal zone report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 103 Regulation making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 104 Transition of control districts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 PART 4--CONSEQUENTIAL AMENDMENTS 105 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

 


 

6 Coastal Protection and Management SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 55 BEACH PROTECTION ACT 1968 TRANSPORT INFRASTRUCTURE ACT 1994 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 58 DICTIONARY

 


 

1995 A BILL FOR An Act about the protection and management of the coast, and for related purposes

 


 

s1 8 s3 Coastal Protection and Management The Parliament of Queensland enacts-- 1 HAPTER 1--PRELIMINARY 2 C PART 1--INTRODUCTION 3 title 4 Short 1. This Act may be cited as the Coastal Protection and Management Act 5 1995. 6 7 Commencement 2. This Act commences on a day to be fixed by proclamation. 8 ART 2--OBJECT OF ACT 9 P of Act 10 Object 3. The object of this Act is to-- 11 (a) provide for the protection, conservation, rehabilitation and 12 management of the coast, including its resources and biological 13 diversity; and 14 (b) have regard to the goal, core objectives and guiding principles of 15 the National Strategy for Ecologically Sustainable Development 16 in the use of the coastal zone; and 17 (c) provide, in conjunction with other legislation, a coordinated and 18 integrated management and administrative framework for the 19 ecologically sustainable development of the coastal zone; and 20

 


 

s4 9 s4 Coastal Protection and Management (d) encourage the enhancement of knowledge of coastal resources 1 and the effect of human activities on the coastal zone. 2 coastal management is to be achieved 3 How 4. Coastal management is to be achieved by coordinated and integrated 4 planning and decision making, involving, among other things, the 5 following-- 6 (a) Coastal management plans1 7 Preparing coastal management plans that-- 8 state principles and policies for coastal management 9 identify key coastal sites and coastal resources in the 10 coastal zone and planning for their long term protection 11 or management 12 are developed in consultation with the public 13 have regard to Aboriginal tradition and Island custom 14 of Aboriginal and Torres Strait Islander people 15 particularly concerned with land affected by the plans. 16 (b) Control districts2 17 Declaring control districts in the coastal zone as areas 18 requiring special development controls and management 19 practices. 20 (c) Use of other legislation 21 Using other relevant legislation wherever practicable to 22 achieve the object of this Act. 23 1 Chapter 2, part 2 deals in detail with coastal plans. 2 Chapter 2, part 3 deals in detail with control districts.

 


 

s5 10 s8 Coastal Protection and Management ART 3--INTERPRETATION 1 P Division 1--Standard definitions 2 3 Dictionary 5.(1) The dictionary3 in schedule 2 defines particular words used in this 4 Act. 5 (2) Definitions found elsewhere in the Act are signposted4 in the 6 dictionary. 7 Division 2--Key definitions 8 9 Coast 6. The "coast" is all areas within or neighbouring the foreshore. 10 management 11 Coastal 7. "Coastal management" includes the protection, conservation, 12 rehabilitation, management and ecologically sustainable development of the 13 coastal zone. 14 resources 15 Coastal 8. "Coastal resources" means the natural and cultural resources of the 16 coastal zone. 17 3 In some Acts, definitions are contained in a dictionary that appears as the last schedule and forms part of the Act--see Acts Interpretation Act 1954, section 14. 4 The signpost definitions in the dictionary alert the reader to the terms defined elsewhere in the Act and tell the reader where these definitions can be found. For example, the definition ` "coast" see section 6' tells the reader that the term "coast" is defined in section 6.

 


 

s9 11 s 13 Coastal Protection and Management waters 1 Coastal 9. "Coastal waters" are Queensland waters to the limit of the highest 2 astronomical tide. 3 wetlands 4 Coastal 10. "Coastal wetlands" include tidal wetlands, estuaries, salt marshes, 5 melaleuca swamps (and any other coastal swamps), mangrove areas, 6 marshes, lakes or minor coastal streams regardless of whether they are of a 7 saline, freshwater or brackish nature. 8 zone 9 Coastal 11. The "coastal zone" is-- 10 (a) coastal waters; and 11 (b) all areas to the landward side of coastal waters in which there are 12 physical features, ecological or natural processes or human 13 activities that affect, or potentially affect, the coast or coastal 14 resources. 15 sustainable development 16 Ecologically 12. "Ecologically sustainable development" has the meaning given by 17 the National Strategy for Ecologically Sustainable Development. 18 3--General 19 Division people and Torres Strait Islanders particularly concerned 20 Aboriginal with land 21 13. Aboriginal people and Torres Strait Islanders are particularly 22 concerned with land if-- 23 (a) they are members of a group that has a particular connection with 24 land under Aboriginal tradition or Island custom; or 25 (b) they live on or use the land or neighbouring land. 26

 


 

s 14 12 s 16 Coastal Protection and Management PART 4--APPLICATION OF ACT 1 binds all persons 2 Act 14. This Act binds all persons, including the State, and, so far as the 3 legislative power of the Parliament permits, the Commonwealth and the 4 other States. 5 CHAPTER 2--COASTAL MANAGEMENT 6 PART 1--ADVISORY BODIES 7 Division 1--Coastal Protection Advisory Council 8 of advisory council 9 Establishment 15. The Coastal Protection Advisory Council is established. 10 of advisory council 11 Functions 16.(1) The functions of the advisory council are to advise the Minister 12 about coastal management including the following issues-- 13 (a) areas of the coastal zone needing special coastal management; 14 (b) coastal plans and their relationship with other plans, prepared by a 15 State agency or local government, for the coastal zone; 16 (c) appropriate preventive and remedial measures for coastal 17 management; 18 (d) assistance local governments and other management agencies 19 need in the application of coastal management techniques; 20 (e) developing public and community programs for coastal 21 management; 22

 


 

s 17 13 s 18 Coastal Protection and Management (f) research and other studies relating to the coastal zone and 1 disseminating information about coastal management; 2 (g) submissions received on coastal management plans. 3 (2) The measures mentioned in subsection (1)(c) may relate to-- 4 (a) preventing a thing having an unacceptable effect on the coastal 5 zone; and 6 (b) mitigating damage to property from erosion or encroachment by 7 tidal water. 8 (3) In performing its functions, the advisory council must, as far as 9 practicable-- 10 (a) monitor the integration of coastal zone management; and 11 (b) have regard to Aboriginal tradition and Island custom of 12 Aboriginal and Torres Strait Islander people particularly 13 concerned with land in the coastal zone; and 14 (c) liaise and consult with Aboriginal people and Torres Strait 15 Islanders particularly concerned with land in the coastal zone; and 16 (d) have regard to the existing tenure of, interests in, and rights to 17 land in the coastal zone. 18 of advisory council 19 Membership 17.(1) The advisory council consists of the chief executive and 11 other 20 members appointed by the Minister. 21 (2) The appointed members must include representatives from the 22 community recognised for their experience in, and knowledge of, coastal 23 zone management. 24 25 Chairperson 18. The chief executive is the chairperson of the advisory council. 26

 


 

s 19 14 s 23 Coastal Protection and Management Division 2--Regional consultative groups 1 of regional consultative group 2 Establishment 19. The Minister must appoint a regional consultative group to assist 3 during the preparation of a regional plan. 4 of regional consultative group 5 Functions 20.(1) The functions of the regional consultative group are to-- 6 (a) advise the Minister about the preparation of the regional plan; and 7 (b) make recommendations on issues, management strategies and 8 areas requiring special coastal management to achieve ecological 9 sustainable development of the coastal zone covered by the plan. 10 (2) The regional consultative group must seek community involvement 11 during the preparation of the plan. 12 of regional consultative group 13 Membership 21. The members of the regional consultative group must include 14 representatives of local government, tourism, conservation, industry, and 15 Aboriginal and Torres Strait Islander interests. 16 17 Chairperson 22. The Minister must nominate a chairperson for the regional 18 consultative group. 19 3--General 20 Division fees and allowances 21 Member's 23. Each member of the advisory council or a regional consultative 22 group is entitled to be paid the fees and allowances decided by the Governor 23 in Council. 24

 


 

s 24 15 s 27 Coastal Protection and Management executive may provide administrative assistance 1 Chief 24. The chief executive may provide the advisory council or a regional 2 consultative group with departmental services necessary for it to perform its 3 functions. 4 PART 2--COASTAL MANAGEMENT PLANS 5 1--State coastal management plan 6 Division plan must be prepared 7 State 25. The Minister must prepare a State coastal management plan for the 8 coastal zone. 9 of State plan 10 Content 26.(1) The State plan must describe how the coastal zone is to be 11 managed. 12 (2) The State plan may include-- 13 (a) a statement of the principles and policies by which the coastal 14 zone and its designated areas are to be managed; and 15 (b) a map or series of maps showing coastal resource information. 16 (3) The State plan may make provision about anything about which a 17 regulation may be made under this Act, and, in particular-- 18 (a) prescribing offences for contraventions of the plan; and 19 (b) fixing a maximum penalty of a fine of not more than 165 penalty 20 units for the contravention. 21 notice inviting submissions on draft State plan 22 Public 27.(1) The Minister must give public notice when a draft State plan has 23 been prepared. 24

 


 

s 28 16 s 28 Coastal Protection and Management (2) The notice must-- 1 (a) be published in-- 2 (i) a newspaper circulating generally throughout Queensland; 3 and 4 (ii) any other newspapers the Minister considers appropriate; 5 and 6 (b) state where copies of the draft plan may be inspected and, on 7 payment of a fee, purchased; and 8 (c) invite written submissions from the public; and 9 (d) state a day (not earlier than 40 business days from the publication 10 of the notice) by which submissions may be made and the place 11 where the submissions may be made. 12 (3) The Minister must send a copy of the notice-- 13 (a) and draft plan to each local government and port authority within 14 the area covered by the draft plan; and 15 (b) to any other group or person the Minister considers appropriate. 16 (4) A local government or port authority receiving a copy of the draft 17 plan must make the copy available for inspection by the public. 18 to be considered when preparing final State plan 19 Submissions 28.(1) When the final State plan is being prepared, the Minister must 20 consider-- 21 (a) all submissions properly made on the plan; and 22 (b) the advisory council's advice about the submissions. 23 (2) If, when making a submission, a person asks the Minister for a 24 response on the submission, the Minister must advise the person in writing 25 whether the submission was accepted or rejected and, if it was rejected, the 26 reasons for the rejection. 27

 


 

s 29 17 s 31 Coastal Protection and Management of final State plan 1 Approval 29. The final State plan is subordinate legislation and does not have effect 2 until it is approved by the Governor in Council. 3 Division 2--Regional coastal management plans 4 plans may be prepared 5 Regional 30. The Minister must prepare regional coastal management plans for 6 parts of the coastal zone as soon as practicable. 7 of regional plans 8 Content 31.(1) A regional plan must describe how the region covered by the plan 9 is to be managed and show the control districts in the region. 10 (2) A regional plan may-- 11 (a) describe the principles, policies and requirements by which the 12 coastal zone in the region will be managed, including, for 13 example, the relationship between public and private 14 infrastructure; and 15 (b) describe a scheme of coastal management works, including 16 maintenance of the works by a local government, port authority 17 or statutory authority; and 18 (c) identify key coastal sites requiring special coastal management; 19 and 20 (d) include a map or series of maps showing coastal resource 21 information. 22 (3) For subsection (2)(c), identification must be based on, but not limited 23 to, coastal resources. 24 (4) A regional plan may make provision about anything about which a 25 regulation may be made under this Act, and, in particular may-- 26 (a) prescribe offences for contraventions of the plan; and 27 (b) fix a maximum penalty of a fine of not more than 165 penalty 28 units for the contravention. 29

 


 

s 32 18 s 34 Coastal Protection and Management notice of proposal to prepare draft regional plan 1 Public 32.(1) The Minister must give public notice when the Minister proposes 2 to prepare a draft regional plan. 3 (2) The notice must-- 4 (a) be published in-- 5 (i) a newspaper circulating generally throughout the region; and 6 (ii) any other newspapers the Minister considers appropriate; 7 and 8 (b) invite written submissions from the public; and 9 (c) state a day (not earlier than 40 business days from the publication 10 of the notice) by which submissions may be made and the place 11 where the submissions may be made. 12 (3) The Minister must send a copy of the notice to-- 13 (a) each local government and port authority within the area covered 14 by the draft regional plan; and 15 (b) any other group or person the Minister considers appropriate. 16 of draft regional plan 17 Preparation 33. When a proposed draft regional plan is being prepared, the Minister 18 must consider-- 19 (a) all submissions properly made about the preparation of the plan; 20 and 21 (b) the advisory council's advice about the submissions; and 22 (c) the regional consultative group's advice about the submissions. 23 notice inviting submissions on draft regional plan 24 Public 34.(1) The Minister must give public notice when a draft regional plan 25 has been prepared. 26 (2) The notice must-- 27 (a) be published in-- 28

 


 

s 35 19 s 35 Coastal Protection and Management (i) a newspaper circulating generally throughout the region; and 1 (ii) any other newspapers the Minister considers appropriate; 2 and 3 (b) state where copies of the draft plan may be inspected and, on 4 payment of a fee, purchased; and 5 (c) invite written submissions from the public; and 6 (d) state a day (not earlier than 40 business days from the publication 7 of the notice) by which submissions may be made and the place 8 where the submissions may be made. 9 (3) The Minister must send a copy of the notice-- 10 (a) and draft plan to each local government and port authority within 11 the area covered by the draft plan; and 12 (b) to any other group or person the Minister considers appropriate. 13 (4) A local government or port authority receiving a copy of the draft 14 plan must make the copy available for inspection by the public. 15 to be considered when preparing final regional plan 16 Submissions 35.(1) When a final regional plan is being prepared, the Minister must 17 consider-- 18 (a) all submissions properly made on the plan; and 19 (b) the advisory council's advice about the submissions; and 20 (c) the regional consultative group's advice about the submissions. 21 (2) If, when making a submission, a person asks the Minister for a 22 response on the submission, the Minister must advise the person in 23 writing-- 24 (a) whether the submission was accepted or rejected and, if it was 25 rejected, the reasons for the rejection; and 26 (b) if the person is an owner of land in a control district included in 27 the final regional plan--the reason why the land was included in 28 the district; and 29

 


 

s 36 20 s 38 Coastal Protection and Management (c) if a coastal building line is fixed for the land--the reason for 1 fixing the line. 2 of final regional plan 3 Approval 36. A final regional plan is subordinate legislation and does not have 4 effect until it is approved by the Governor in Council. 5 3--Review of coastal plans 6 Division must review coastal plans 7 Minister 37. The Minister must review each coastal plan within 7 years of its 8 commencement. 9 notice of proposal to review coastal plan 10 Public 38.(1) The Minister must give public notice when the Minister proposes 11 to review a coastal plan. 12 (2) The notice must-- 13 (a) be published in-- 14 (i) if a State plan is being reviewed--a newspaper circulating 15 generally throughout the State; or 16 (ii) if a regional plan is being reviewed--a newspaper circulating 17 generally throughout the region; and 18 (iii) any other newspapers the Minister considers appropriate; 19 and 20 (b) invite written submissions from the public; and 21 (c) state a day (not earlier than 40 business days from the publication 22 of the notice) by which submissions may be made and the place 23 where the submissions may be made. 24 (3) The Minister must send a copy of the notice to-- 25

 


 

s 39 21 s 40 Coastal Protection and Management (a) each local government and port authority within the area covered 1 by the draft plan; and 2 (b) any other group or person the Minister considers appropriate. 3 prepares draft coastal plan 4 Minister 39. If after considering the advice of the advisory council about all 5 submissions properly made on the review, the Minister considers a new 6 coastal plan should be prepared, the Minister-- 7 (a) may prepare a new draft coastal plan; and 8 (b) if a new regional plan is to be prepared--must appoint a new 9 regional consultative group. 10 notice inviting submissions on new draft coastal plan 11 Public 40.(1) The Minister must give public notice when a new draft coastal 12 plan has been prepared. 13 (2) The notice must-- 14 (a) be published in-- 15 (i) if a State plan is being reviewed--a newspaper circulating 16 generally throughout the State; or 17 (ii) if a regional plan is being reviewed--a newspaper circulating 18 generally throughout the region; and 19 (iii) any other newspapers the Minister considers appropriate; 20 and 21 (b) state where copies of the draft plan may be inspected and, on 22 payment of a fee, purchased; and 23 (c) invite written submissions from the public; and 24 (d) state a day (not earlier than 40 business days from the publication 25 of the notice) by which submissions may be made and the place 26 where the submissions may be made. 27 (3) The Minister must send a copy of the notice-- 28 (a) and draft plan to each local government and port authority within 29

 


 

s 41 22 s 42 Coastal Protection and Management the area covered by the draft plan; and 1 (b) to any other group or person the Minister considers appropriate. 2 (4) A local government or port authority receiving a copy of the draft 3 plan must make the copy available for inspection by the public. 4 to be considered when preparing final coastal plan 5 Submissions 41.(1) When a final State plan is being prepared, the Minister must 6 consider-- 7 (a) all submissions properly made on the plan; and 8 (b) the advisory council's advice about the submissions. 9 (2) When a final regional plan is being prepared, the Minister must 10 consider-- 11 (a) all submissions properly made on the plan; and 12 (b) the advisory council's advice about the submissions; and 13 (c) the regional consultative group's advice about the submissions. 14 (3) If, when making a submission, a person asks the Minister for a 15 response on the submission, the Minister must advise the person in 16 writing-- 17 (a) whether the submission was accepted or rejected and, if it was 18 rejected, the reasons for the rejection; and 19 (b) if the person is an owner of land in a control district included in a 20 final regional coastal plan--the reason why the land was included 21 in the district; and 22 (c) if a coastal building line is fixed for the land--the reason for 23 fixing the line. 24 of final coastal plan 25 Approval 42. A final coastal plan is subordinate legislation and does not have effect 26 until it is approved by the Governor in Council. 27

 


 

s 43 23 s 45 Coastal Protection and Management Division 4--Miscellaneous 1 of coastal plans 2 Implementation 43.(1) The chief executive must implement coastal plans. 3 (2) However, the chief executive may arrange with a local government, 4 port authority or statutory authority to carry out or maintain works 5 necessary to implement a coastal plan. 6 of coastal plans 7 Amendment 44.(1) A regulation may make a minor amendment to a coastal plan to-- 8 (a) correct an error in the plan; or 9 (b) make a change (other than a change of substance) in the plan; or 10 (c) if the plan or a regulation provides that an amendment of a stated 11 type may be made to the plan by amendment under this 12 subsection--make an amendment of that type. 13 (2) A coastal plan may be amended by a later coastal plan only if the 14 procedures applying to the preparation and approval of the plan under this 15 part are followed for the later plan. 16 (3) However, if the later plan is a regional plan, the following sections do 17 not apply to its preparation and approval-- 18 section 32 (Public notice of proposal to prepare draft regional 19 plan) 20 section 33 (Preparation of draft regional plan). 21 inspection and purchase of coastal plans 22 Public 45.(1) The chief executive must keep each coastal plan or draft coastal 23 plan available for inspection by the public during office hours on business 24 days at the head office and each regional office of the department. 25 (2) The chief executive may keep each coastal plan or draft coastal plan 26 available for inspection by the public during office hours on business days 27 at other places the chief executive considers appropriate. 28

 


 

s 46 24 s 47 Coastal Protection and Management (3) On payment of a fee, a person may buy a copy of a coastal plan or 1 draft coastal plan. 2 (4) The fee for a copy of a coastal plan or draft coastal plan must not be 3 more than the reasonable cost of publishing the copy. 4 schemes may be amended 5 Planning 46.(1) A regulation may amend a planning scheme to ensure the 6 planning scheme is consistent with a regional coastal plan. 7 (2) Before the amendment is made, the Minister must give the local 8 government concerned, and any owner of land whose zoning will be 9 changed by the amendment, a reasonable opportunity to make submissions 10 to the Minister about the proposed amendment. 11 (3) If the amendment changes the zoning of land, the owner of the land is 12 taken to be an owner mentioned in section 86(1) and the remaining 13 provisions of chapter 5, part 1 apply. 14 ART 3--CONTROL DISTRICTS 15 P 1--Declaration, amendment, amalgamation and abolition of 16 Division control districts 17 of control districts 18 Declaration 47.(1) An area may be declared as a control district under-- 19 (a) a regional plan; or 20 (b) if the area is not covered by a regional coastal plan and the 21 Minister considers the area requires protection or management--a 22 regulation. 23 (2) In addition, the Minister may, by written notice, declare an area to be 24 a control district, or part of an existing control district, only if the Minister 25 considers the area requires immediate protection or management. 26

 


 

s 48 25 s 49 Coastal Protection and Management (3) The notice is subordinate legislation and, unless it is earlier repealed, 1 expires 6 months after it commences. 2 (4) A regulatory impact statement under the Statutory Instruments Act 3 1992 need not be prepared for the notice. 4 (5) A control district may be assigned a name or number, or both. 5 (6) The boundaries of a control district are not affected by a change in the 6 high water or low water mark of tidal water. 7 (7) The chief executive must give each owner of land in an area declared 8 to be a control district written advice that the land is in the district. 9 control districts may be declared 10 Where 48.(1) A control district may be declared-- 11 (a) over coastal waters; or 12 (b) over a foreshore and over land up to 400 m inland from the high 13 water mark along the foreshore; or 14 (c) at a river mouth or estuarine delta--over land up to 1000 m 15 inland from the high water mark at the river mouth or estuarine 16 delta; or 17 (d) along tidal rivers, saltwater lakes and other bodies of internal tidal 18 water--over land up to 100 m from the high water mark along 19 the river, lake or body of water; or 20 (e) over an island in coastal waters. 21 (2) Despite subsection (1), a control district may also include all or part 22 of a coastal wetland, dune system or key coastal site and up to 100 m from 23 the wetland, system or site. 24 to be considered when declaring control districts 25 Things 49. The following things must be considered before an area is declared as 26 a control district-- 27 (a) the area's vulnerability to erosion by the sea or to wind induced 28 effects; 29

 


 

s 50 26 s 50 Coastal Protection and Management (b) whether the area should be kept in an undeveloped state to 1 maintain or enhance the coast or coastal resources; 2 (c) public access to the area; 3 (d) foreseeable human impacts and natural hazards in the area; 4 (e) the existing tenure of, interests in, and rights to, land in the area; 5 (f) Aboriginal tradition and Island custom of Aboriginal and Torres 6 Strait Islander people particularly concerned with land in the area; 7 (g) planning and development management of the area. 8 declaring, changing or abolishing control district 9 Notice 50.(1) Before a regulation is made declaring, changing the boundaries of 10 or abolishing a control district, the chief executive must give public notice of 11 the proposed declaration, change or abolition (the "proposal"). 12 (2) The notice must-- 13 (a) be published in a newspaper circulating generally throughout the 14 control district; and 15 (b) state where copies of the plan showing the proposal may be 16 inspected and, on payment of a reasonable fee, purchased; and 17 (c) invite written submissions from the public; and 18 (d) state a day (not earlier than 40 business days from the publication 19 of the notice) by which submissions may be made and the place 20 where the submissions may be made. 21 (3) The chief executive must send details of the proposal to each local 22 government and port authority within the area covered by the district. 23 (4) The Minister must consider all submissions properly made about the 24 proposal. 25 (5) If, when making a submission, a person asks the Minister for a 26 response on the submission, the Minister must advise the person in 27 writing-- 28 (a) whether the submission was accepted or rejected and, if it was 29 rejected, the reasons for the rejection; and 30

 


 

s 51 27 s 52 Coastal Protection and Management (b) if the person is an owner of land in the control district--the 1 reason why the land was included in the district; and 2 (c) if a coastal building line is fixed for the land--the reason for 3 fixing the line. 4 amalgamation and abolition of control districts 5 Amendment, 51.(1) This section applies to a control district declared under a 6 regulation. 7 (2) A regulation may-- 8 (a) change the boundaries of the district; or 9 (b) amalgamate the district with 1 or more other districts; or 10 (c) abolish the district. 11 Division 2--Coastal protection and tidal works notices 12 protection notices 13 Coastal 52.(1) This section applies only to activity in a control district. 14 (2) The chief executive may give a notice (a "coastal protection 15 notice") to a person directing the person, within the time stated in the 16 notice-- 17 (a) to take the action stated in the notice to protect land; or 18 (b) to stop, or not start, an activity stated in the notice, if the chief 19 executive is satisfied the activity is likely to-- 20 (i) have a significant effect on coastal management; or 21 (ii) cause wind erosion. 22 (3) If the name of the person who started or is about to start the activity is 23 not known, the notice may be given-- 24 (a) in a newspaper circulating generally throughout the district; or 25 (b) if the notice is about activity over land--by displaying it in a 26 prominent position on the land. 27

 


 

s 53 28 s 53 Coastal Protection and Management (4) Without limiting subsection (2), the notice may require the person-- 1 (a) to build or maintain works; or 2 (b) to plant, cultivate or preserve, or not damage, vegetation native to 3 the control district; or 4 (c) not to alter the geographical features of land; or 5 (d) to do anything else necessary to protect land from wind erosion; 6 or 7 (e) to restore land; or 8 (f) to remove stock from land. 9 (5) The notice must state that the person may appeal against the decision 10 to give the notice within the period stated in the notice.5 11 (6) The person must comply with the notice. 12 Maximum penalty for subsection (6)--3 000 penalty units. 13 works notices 14 Tidal 53.(1) If, in the chief executive's opinion, works in, on, or over the 15 foreshore or land under tidal water need repair, are abandoned or should be 16 removed, the chief executive may give the person responsible for the works 17 or for the maintenance of them a notice (a "tidal works notice"). 18 (2) If the name of the person is not known, the notice may be given-- 19 (a) in a newspaper circulating generally throughout the control 20 district; or 21 (b) by displaying it in a prominent position on the land. 22 (3) The notice may direct the person within the reasonable time stated in 23 the notice to-- 24 (a) repair the works to the chief executive's reasonable satisfaction; 25 or 26 (b) remove the works and restore the site, as nearly as practicable, to 27 its former condition. 28 5 Appeals are dealt with in chapter 5.

 


 

s 54 29 s 55 Coastal Protection and Management (4) The notice must state that the person may appeal against the decision 1 to give the notice within the period stated in the notice.6 2 (5) The person must comply with the notice. 3 Maximum penalty for subsection (5)--3 000 penalty units. 4 executive may take required action 5 Chief 54.(1) If a person fails to comply with a coastal protection or tidal works 6 notice requiring particular action to be taken (the "required action"), the 7 chief executive may take the required action. 8 (2) For subsection (1), the chief executive, or a person authorised by the 9 chief executive, may, without any further authority apart from this 10 subsection-- 11 (a) enter and re-enter land at all reasonable times; and 12 (b) remain on the land for the time that is necessary and reasonable; 13 and 14 (c) take onto, and keep on, the land the vehicles, materials, equipment 15 and other things that are necessary and reasonable. 16 (3) The chief executive may recover, as a debt, from the person to whom 17 the notice is directed, the costs and expenses reasonably incurred in taking 18 the required action. 19 of property 20 Forfeiture 55.(1) This section applies if a coastal protection or tidal works notice is 21 given to a person in relation to property that belongs to the person and is on 22 unallocated State land. 23 (2) If the person does not comply with the notice, or appeals against the 24 giving of the notice, then-- 25 (a) if an appeal is not made against the giving of the notice within the 26 period stated in the notice--the property is forfeited to the State at 27 the end of the stated period; or 28 6 Appeals are dealt with in chapter 5.

 


 

s 56 30 s 58 Coastal Protection and Management (b) if an appeal is made but is dismissed--the property is forfeited to 1 the State when the final decision on the appeal is made. 2 of coastal protection or tidal works notice in land registry 3 Record 56.(1) This section applies if a coastal protection or tidal works notice is 4 given in relation to land other than unallocated State land. 5 (2) As soon as practicable after giving the notice, the chief executive 6 must give written notice to the registrar of titles of the giving of the notice. 7 (3) The registrar must keep records that show the notice has been given. 8 (4) The registrar must keep the records in a way that a search of the 9 register kept by the registrar under any Act relating to title to the land will 10 show the notice has been given. 11 (5) As soon as practicable after the notice has been complied with, the 12 chief executive must give written notice to the registrar of compliance with 13 the notice. 14 (6) As soon as practicable after receiving the notice of compliance, the 15 registrar must remove the particulars of the notice from the registrar's 16 records. 17 of land and builder jointly liable 18 Owner 57.(1) If a coastal protection or tidal works notice is served on both the 19 owner of land and the person responsible for works on the land or for the 20 maintenance of them, they are jointly and severally bound by the 21 requirements of the notice. 22 (2) In this section-- 23 "owner of land" includes the occupier of the land. 24 binding on purchaser 25 Notice 58.(1) This section applies if land or works subject to an undischarged 26 coastal protection or tidal works notice are sold. 27 (2) The seller must give the buyer written advice of the undischarged 28 notice not less than 14 days before settlement of the sale. 29

 


 

s 59 31 s 60 Coastal Protection and Management (3) However, if settlement of the sale is made less than 14 days after the 1 agreement to sell is made, the seller must give the buyer written advice of 2 the undischarged notice on the day the agreement is made. 3 Maximum penalty for subsections (2) and (3)--150 penalty units. 4 (4) If the seller complies with subsection (2) or (3), the buyer is bound 5 by the undischarged notice as if it had been given to the buyer. 6 (5) If the seller does not comply with subsection (2) or (3), the 7 agreement is of no effect unless the buyer-- 8 (a) by written advice given to the seller before settlement, states the 9 intention to settle despite the non-compliance; or 10 (b) by written advice given to the seller within 30 days after 11 settlement, affirms the sale despite the non-compliance. 12 3--General 13 Division building line 14 Coastal 59.(1) A regional plan, regulation or notice that declares a control district 15 may fix a line (a "coastal building line") for the district. 16 (2) An approval to build under the Building Act 1975 must not be given 17 to build a structure completely or partly seaward of the coastal building line. 18 (3) However, the Minister may, in writing, state that subsection (2) does 19 not apply to a structure, if the Minister is satisfied-- 20 (a) the structure is not contrary to the coastal plan for the district; and 21 (b) the building of the structure is not likely to have a detrimental 22 impact on coastal management. 23 signs on unallocated State land 24 Placing 60.(l) The chief executive may place a sign on unallocated State land, 25 within or on the boundary of a control district, indicating-- 26 (a) particulars of the district; or 27 (b) anything prohibited or authorised in the district. 28

 


 

s 61 32 s 61 Coastal Protection and Management (2) A person must not, without lawful authority, destroy, pull down, 1 erase, remove, deface or otherwise damage or interfere with the sign. 2 Maximum penalty--100 penalty units. 3 occupation of land 4 Temporary 61.(1) The chief executive may, to implement a coastal plan, temporarily 5 occupy and use land in a control district for the purpose of building, 6 maintaining or repairing works, and may-- 7 (a) take from it stone, gravel, sand, earth, and other material; and 8 (b) deposit materials on it; and 9 (c) form and use temporary works on it, including, for example, 10 roads; and 11 (d) build structures of a temporary nature on it. 12 (2) Before occupying land under this section, the chief executive must 13 give the occupier and the owner of the land not less than 7 days written 14 notice of the intention to occupy. 15 (3) However, subsection (2) does not apply in urgent circumstances. 16 (4) The notice must state the use proposed to be made of the land and the 17 approximate period during which the use is expected to continue. 18 (5) The owner of the land or any other person having an interest in the 19 land may, at any time during the occupation or within 3 months after the 20 occupation, give written notice to the chief executive claiming 21 compensation. 22 (6) If the land is not resumed, the owner of the land and all persons 23 having an interest in it may recover compensation for the occupation and 24 use. 25 (7) The total compensation payable under this section in relation to land 26 may not be more than the compensation that would have been payable had 27 the land been resumed. 28 (8) Compensation is not payable under this section for anything done 29 under this section, if the right or authority to do the thing is given under 30 another Act, or a State grant, or other instrument, even though conditions 31 imposed under the Act, grant, or instrument for doing the thing have not 32

 


 

s 62 33 s 64 Coastal Protection and Management been performed. 1 (9) The amount of the compensation payable is the amount agreed 2 between the claimant and chief executive or, failing agreement, decided by 3 the Planning and Environment Court. 4 CHAPTER 3--INVESTIGATION AND 5 ENFORCEMENT 6 ART 1--ADMINISTRATION GENERALLY 7 P of authorised persons 8 Appointment 62. The chief executive may appoint any of the following persons as 9 authorised persons-- 10 (a) officers of the public service; 11 (b) employees of the department; 12 (c) other persons of a class prescribed under a regulation. 13 for appointment 14 Qualifications 63. A person may be appointed as an authorised person only if-- 15 (a) in the chief executive's opinion, the person has the necessary 16 expertise or experience to be an authorised person; or 17 (b) the person has satisfactorily finished training approved by the 18 chief executive. 19 and terms of appointment 20 Conditions 64.(1) An authorised person holds office on the conditions stated in the 21 instrument of appointment. 22 (2) An authorised person appointed under section 62(c)-- 23

 


 

s 65 34 s 66 Coastal Protection and Management (a) is appointed for the term stated in the instrument of appointment; 1 and 2 (b) may resign by signed notice given to the chief executive. 3 (3) An authorised person ceases to hold office-- 4 (a) if the authorised person was appointed under section 62(a) or 5 (b)--if the authorised person ceases to be an officer of the public 6 service or employee of the department; or 7 (b) if the authorised person was appointed under section 62(c)--if the 8 authorised person ceases to be a member of the class of persons. 9 of authorised persons 10 Powers 65.(1) An authorised person has the powers given under this or another 11 Act. 12 (2) Subsection (1) has effect subject to any limitations-- 13 (a) stated in the authorised person's instrument of appointment; or 14 (b) prescribed under a regulation; or 15 (c) stated in a notice given to the authorised person by the chief 16 executive. 17 (3) Notice under subsection (2)(c) may be given orally, but must be 18 confirmed in writing as soon as practicable. 19 of identity cards 20 Issue 66.(1) The chief executive must issue an identity card to each authorised 21 person. 22 (2) The identity card must-- 23 (a) contain a recent photograph of the authorised person; and 24 (b) be signed by the authorised person; and 25 (c) identify the person as an authorised person; and 26 (d) include an expiry date. 27

 


 

s 67 35 s 69 Coastal Protection and Management (3) Nothing in this section prevents the issue of a single identity card to a 1 person for this Act and other Acts. 2 or display of identity card 3 Production 67.(1) An authorised person may exercise a power in relation to 4 someone else (the "other person") only if the authorised person-- 5 (a) first produces his or her identity card for the other person's 6 inspection; or 7 (b) has his or her identity card displayed so it is clearly visible to the 8 other person. 9 (2) However, if, for any reason, it is not practicable to comply with 10 subsection (1), the authorised person must produce the identity card for the 11 other person's inspection at the first reasonable opportunity. 12 to return identity card 13 Failure 68. A person who ceases to be an authorised person must return the 14 person's identity card to the chief executive as soon as possible (but within 15 21 days) after ceasing to be an authorised person, unless the person has a 16 reasonable excuse. 17 Maximum penalty--50 penalty units. 18 from liability 19 Protection 69.(1) An official does not incur civil liability for an act done, or 20 omission made, honestly and without negligence under this Act. 21 (2) If subsection (1) prevents a civil liability attaching to an official, the 22 liability attaches instead to the State. 23 (3) In this section-- 24 "official" means-- 25 (a) an authorised person; or 26 (b) a person acting under the direction of an authorised person. 27

 


 

s 70 36 s 70 Coastal Protection and Management PART 2--INSPECTION AND OTHER POWERS 1 Division 1--Power of entry 2 to enter land 3 Power 70.(1) An authorised person may enter land at any reasonable time to-- 4 (a) inspect or survey the land or works on the land; or 5 (b) dig and bore into the land to find out the nature of the soil; or 6 (c) do everything necessary for paragraphs (a) and (b), including, for 7 example-- 8 (i) measuring, photographing or filming anything on the land; 9 or 10 (ii) taking samples of or from anything on the land. 11 (2) The power to enter land includes power to-- 12 (a) re-enter the land; and 13 (b) remain on the land for the time that is reasonable and necessary 14 for the purpose of the entry; and 15 (c) take assistants, vehicles, materials, equipment or things that are 16 reasonable and necessary for the purpose of the entry. 17 (3) Before entering land, the authorised person must-- 18 (a) obtain the agreement of the occupier or, if there is no occupier, the 19 owner of the land; or 20 (b) give at least 7 days notice to the person mentioned in 21 paragraph (a) of-- 22 (i) the authorised person's intention to enter the land; and 23 (ii) the reason for entering the land; and 24 (iii) the day and time when the authorised person proposes to 25 enter the land. 26 (4) However, subsection (3) does not apply if, because of urgent 27 circumstances, entry is required to take action to protect the coastal zone. 28

 


 

s 71 37 s 72 Coastal Protection and Management (5) In exercising a power under this section, the authorised person must 1 take all reasonable steps to ensure the person causes as little inconvenience, 2 and does as little damage, as is practicable. 3 (6) This section does not authorise the entry of a structure, or part of a 4 structure, used for residential purposes. 5 (7) In this section-- 6 "occupier", of land, includes a person who reasonably appears to be the 7 occupier, or in charge, of the land. 8 person to give notice of damage 9 Authorised 71.(1) This section applies if an authorised person, or a person assisting 10 an authorised person, damages anything in the exercise of a power under 11 this division. 12 (2) The authorised person must promptly give written notice of the 13 particulars of the damage to the person who appears to be the owner of the 14 thing. 15 (3) However, if for any reason it is not practicable to comply with 16 subsection (2), the authorised person must leave the notice, in a reasonably 17 secure way and in a conspicuous position, at the place where the damage 18 happened. 19 (4) If the authorised person believes the damage was caused by a latent 20 defect in the thing or other circumstances beyond the authorised person's 21 control, the authorised person may state this in the notice. 22 (5) This section does not apply to damage the authorised person 23 reasonably believes is trivial. 24 (6) In this section-- 25 "owner", of a thing, includes the person in possession or control of the 26 thing. 27 28 Compensation 72.(1) A person may claim compensation if the person incurs loss or 29 expense because of the exercise or purported exercise of a power under this 30 division. 31

 


 

s 73 38 s 73 Coastal Protection and Management (2) Compensation may be claimed and ordered in a proceeding for-- 1 (a) compensation brought in a court of competent jurisdiction; or 2 (b) an offence against this Act brought against the person making the 3 claim for compensation. 4 (3) The court may order compensation to be paid only if it is satisfied it 5 is just to make the order in the circumstances of the particular case. 6 (4) A regulation may prescribe matters that may, or must, be taken into 7 account by the court when considering whether it is just to make the order. 8 2--General investigative powers 9 Division to require name and address 10 Power 73.(1) This section applies if an authorised person-- 11 (a) finds a person committing an offence against this Act; or 12 (b) finds a person in circumstances that lead the authorised person to 13 reasonably suspect the person has just committed an offence 14 against this Act; or 15 (c) has information that leads the authorised person to reasonably 16 suspect a person has just committed an offence against this Act. 17 (2) The authorised person may require the person to state the person's 18 name and residential address. 19 (3) When making the requirement, the authorised person must warn the 20 person it is an offence to fail to state the person's name or residential 21 address, unless the person has a reasonable excuse. 22 (4) The authorised person may require the person to give evidence of the 23 correctness of the stated name or address if the authorised person 24 reasonably suspects the stated name or address is false. 25 (5) A requirement under subsection (2) or (4) is called a "formal details 26 requirement". 27

 


 

s 74 39 s 76 Coastal Protection and Management to give name or address 1 Failure 74.(1) A person of whom a formal details requirement is made must 2 comply with the requirement, unless the person has a reasonable excuse for 3 not complying. 4 Maximum penalty--50 penalty units. 5 (2) A person does not commit an offence against subsection (1) if-- 6 (a) the person was required to state the person's name and address 7 by an authorised person who suspected the person had committed 8 an offence against this Act; and 9 (b) the person is not proved to have committed the offence. 10 3--General 11 Division or misleading statements 12 False 75.(1) A person must not-- 13 (a) state anything to an authorised person the person knows is false 14 or misleading in a material particular; or 15 (b) omit from a statement made to an authorised person anything 16 without which the statement is, to the person's knowledge, 17 misleading in a material particular. 18 Maximum penalty--50 penalty units. 19 (2) It is enough for a complaint against a person for an offence against 20 subsection (1) to state that the statement made was false or misleading to 21 the person's knowledge. 22 misleading or incomplete documents 23 False, 76.(1) A person must not give an authorised person a document 24 containing information the person knows is false, misleading or incomplete 25 in a material particular. 26 Maximum penalty--50 penalty units. 27 (2) Subsection (1) does not apply to a person if the person, when giving 28

 


 

s 77 40 s 79 Coastal Protection and Management the document-- 1 (a) tells the authorised person, to the best of the person's ability, how 2 it is false, misleading or incomplete; and 3 (b) if the person has, or can reasonably obtain, the correct 4 information--gives the correct information. 5 (3) It is enough for a complaint against a person for an offence against 6 subsection (1) to state that the document was false, misleading or 7 incomplete to the person's knowledge. 8 authorised persons 9 Obstructing 77. A person must not obstruct an authorised person in the exercise of a 10 power, unless the person has a reasonable excuse for the obstruction. 11 Maximum penalty--100 penalty units. 12 authorised persons 13 Impersonating 78. A person must not pretend to be an authorised person. 14 Maximum penalty--50 penalty units. 15 CHAPTER 4--LEGAL PROCEEDINGS 16 ART 1--EVIDENCE 17 P provisions 18 Evidentiary 79.(1) This section applies to a proceeding under or in relation to this 19 Act. 20 (2) It is not necessary to prove the appointment of an authorised person 21 or the authority of an authorised person to do anything under this Act. 22 (3) A signature purporting to be that of the chief executive or an 23 authorised person is evidence of the signature it purports to be. 24

 


 

s 80 41 s 81 Coastal Protection and Management (4) A certificate purporting to be signed by the chief executive stating any 1 of the following matters is evidence of the matter-- 2 (a) a specified document is a copy of a notice given under this Act; 3 (b) on a day mentioned in the certificate, a specified person was given 4 a notice under this Act. 5 (5) A statement in a complaint starting the proceeding of any of the 6 following matters is evidence of the matter-- 7 (a) that the matter of the complaint came to the knowledge of the 8 complainant on a specified day; 9 (b) that the place where the offence was committed was in a specified 10 control district. 11 ART 2--PROCEEDINGS FOR OFFENCES 12 P and summary offences 13 Indictable 80.(1) An offence against section 52, 53, 84 or 85 is an indictable 14 offence. 15 (2) Any other offence against this Act is a summary offence. 16 for indictable offences 17 Proceedings 81.(1) A proceeding for an indictable offence against this Act may be 18 taken, at the election of the prosecution-- 19 (a) by way of summary proceedings under the Justices Act 1886; or 20 (b) on indictment. 21 (2) A magistrate must not hear an indictable offence summarily if-- 22 (a) the defendant asks at the start of the hearing that the charge be 23 prosecuted on indictment; or 24 (b) the magistrate considers that the charge should be prosecuted on 25 indictment. 26

 


 

s 82 42 s 83 Coastal Protection and Management (3) If subsection (2) applies-- 1 (a) the magistrate must proceed by way of an examination of 2 witnesses for an indictable offence; and 3 (b) a plea of the person charged at the start of the proceeding must be 4 disregarded; and 5 (c) evidence brought in the proceeding before the magistrate decided 6 to act under subsection (2) is taken to be evidence in the 7 proceeding for the committal of the person for trial or sentence; 8 and 9 (d) before committing the person for trial or sentence, the magistrate 10 must make a statement to the person as required by the Justices 11 Act 1886, section 104(2)(b). 12 (4) The maximum penalty that may be summarily imposed for an 13 indictable offence is 165 penalty units. 14 on who may summarily hear indictable offence 15 Limitation proceedings 16 82. (1) A proceeding must be before a magistrate if it is a proceeding-- 17 (a) for the summary conviction of a person on a charge for an 18 indictable offence; or 19 (b) for an examination of witnesses for a charge for an indictable 20 offence. 21 (2) However, if a proceeding for an indictable offence is brought before a 22 justice who is not a magistrate, jurisdiction is limited to taking or making a 23 procedural action or order within the meaning of the Justices of the Peace 24 and Commissioners for Declarations Act 1991. 25 on time for starting summary proceedings 26 Limitation 83. A proceeding for an offence against this Act by way of summary 27 proceeding under the Justices Act 1886 must start-- 28 (a) within 1 year after the commission of the offence; or 29

 


 

s 84 43 s 84 Coastal Protection and Management (b) within 1 year after the offence comes to the complainant's 1 knowledge, but within 5 years after the commission of the 2 offence. 3 PART 3--RESTRAINT ORDERS 4 of contraventions of Act etc. 5 Restraint 84.(1) A proceeding may be brought in the Planning and Environment 6 Court for an order to remedy or restrain an offence against this Act, or a 7 threatened offence against this Act, by-- 8 (a) the Minister; or 9 (b) the chief executive; or 10 (c) someone whose interests are affected by the subject matter of the 11 proceeding; or 12 (d) someone else with the leave of the court (even though the person 13 does not have a proprietary, material, financial or special interest 14 in the subject matter of the proceeding). 15 (2) In deciding whether or not to grant leave to a person under 16 subsection (1)(d), the court-- 17 (a) must be satisfied-- 18 (i) harm has been or is likely to be caused to the coastal zone; 19 and 20 (ii) the proceeding would not be an abuse of the process of the 21 court; and 22 (iii) there is a real or significant likelihood that the requirements 23 for the making of an order under this section would be 24 satisfied; and 25 (iv) it is in the public interest that the proceeding should be 26 brought; and 27 (v) the person has given written notice to the Minister asking the 28

 


 

s 84 44 s 84 Coastal Protection and Management Minister to bring a proceeding under this section and the 1 Minister has failed to act within a time that is a reasonable 2 time in the circumstances; and 3 (vi) the person is able to adequately represent the public interest 4 in the conduct of the proceeding; and 5 (b) may have regard to other matters the court considers relevant to 6 the person's standing to bring and maintain the proceeding. 7 (3) However, the court must not refuse to grant leave merely because the 8 person's interest in the subject matter of the proceeding is no different from 9 someone else's interest in the subject matter. 10 (4) The court may grant leave subject to conditions, including, for 11 example-- 12 (a) a condition requiring the person to give security for the payment 13 of costs of the proceeding that may be awarded against the 14 person; or 15 (b) a condition requiring the person to give an undertaking about 16 damages. 17 (5) If the court is satisfied-- 18 (a) an offence against this Act has been committed (whether or not it 19 has been prosecuted); or 20 (b) an offence against this Act will be committed unless restrained; 21 the court may make the orders it considers appropriate to remedy or restrain 22 the offence. 23 (6) An order-- 24 (a) may direct the defendant-- 25 (i) to stop an activity that is or will be a contravention of this 26 Act; or 27 (ii) to do anything required to comply with, or to cease a 28 contravention of, this Act; and 29 (b) may be in the terms the court considers appropriate to secure 30 compliance with this Act; and 31 (c) must specify the time by which the order is to be complied with. 32

 


 

s 85 45 s 85 Coastal Protection and Management (7) The court's power to make an order to stop an activity may be 1 exercised whether or not-- 2 (a) it appears to the court the person against whom the order is made 3 intends to engage, or to continue to engage, in the activity; or 4 (b) the person has previously engaged in an activity of that kind; or 5 (c) there is danger of substantial damage to the coastal zone if the 6 person engages, or continues to engage, in the activity. 7 (8) The court's power to make an order to do anything may be exercised 8 whether or not-- 9 (a) it appears to the court the person against whom the order is made 10 intends to fail, or to continue to fail, to do the thing; or 11 (b) the person has previously failed to do a thing of that kind; or 12 (c) there is danger of substantial damage to the coastal zone if the 13 person fails, or continues to fail, to do the thing. 14 (9) Without limiting the powers of the court, the court may make an 15 order-- 16 (a) restraining the use of plant or equipment or a place; or 17 (b) requiring the demolition or removal of plant or equipment, a 18 structure or another thing; or 19 (c) requiring the rehabilitation or restoration of the coastal zone. 20 (10) The court must order a plaintiff to pay costs if the court is satisfied 21 the proceeding was brought for obstruction or delay. 22 (11) The court's power under this section is in addition to its other 23 powers. 24 (12) A person who contravenes an order commits an offence against this 25 Act. 26 Maximum penalty for subsection (12)--3 000 penalty units. 27 of court to make order pending final decision in proceeding 28 Power 85.(1) This section applies if a proceeding has been brought by a person 29 in the Planning and Environment Court under section 84 and the court has 30

 


 

s 85 46 s 85 Coastal Protection and Management not finally determined the proceeding. 1 (2) On the person's application, the court may make an order of a kind 2 mentioned in section 84 ending determination of the proceeding if it is 3 satisfied it would be proper to make the order. 4 (3) The court's power to make an order to stop an activity may be 5 exercised whether or not-- 6 (a) it appears to the court the person against whom the order is made 7 intends to engage, or to continue to engage, in the activity; or 8 (b) the person has previously engaged in an activity of that kind; or 9 (c) there is an imminent danger of substantial damage to the coastal 10 zone if the person engages, or continues to engage, in the activity. 11 (4) The court's power to make an order to do anything may be exercised 12 whether or not-- 13 (a) it appears to the court the person against whom the order is made 14 intends to fail, or to continue to fail, to do the thing; or 15 (b) the person has previously failed to do a thing of that kind; or 16 (c) there is an imminent danger of substantial damage to the coastal 17 zone if the person fails, or continues to fail, to do the thing. 18 (5) The court's power under this section is in addition to its other 19 powers. 20 (6) A person who contravenes an order commits an offence against this 21 Act. 22 Maximum penalty for subsection (6)--3 000 penalty units. 23

 


 

s 86 47 s 86 Coastal Protection and Management CHAPTER 5--ADMINISTRATION 1 ART 1--COMPENSATION 2 P compensation is payable 3 When 86.(1) The owner of an interest in land (the "owner") is entitled to be 4 paid compensation only if the existing use that may be made of the land is 5 changed by a prohibition imposed by a coastal plan or the declaration of a 6 control district. 7 (2) However, for land other than rural land, the owner is entitled to 8 compensation only if-- 9 (a) the owner was the owner at the time of the change; and 10 (b) the owner makes an application for the land; and 11 (c) the application is made within 2 years of the change; and 12 (d) the application clearly indicates that a compensation claim may be 13 made if the application is refused; and 14 (e) the application is refused only because this Act applies to the 15 application. 16 (3) However, for rural land, the owner is entitled to compensation only 17 if-- 18 (a) the owner was the owner at the time of the change; and 19 (b) the land was regularly used as rural land during the 2 previous 20 years; and 21 (c) the owner makes a written application to the chief executive for 22 compensation. 23 (4) In this section-- 24 "application for the land" means-- 25 (a) an application to build a structure, the proposed use of which was 26 as of right under the planning scheme as it applied immediately 27 before the change; or 28

 


 

s 87 48 s 88 Coastal Protection and Management (b) an application for the subdivision of land that is consistent with 1 the provisions of the planning scheme that regulated the 2 subdivision of land immediately before the change. 3 "existing use" includes a lawful as of right use that may have been made of 4 the land immediately before the change. 5 "primary producer" means a person whose major source of income is 6 from primary production. 7 "rural land" means land used only by a primary producer for grazing 8 stock or cultivating crops. 9 for which compensation is not payable 10 Matters 87.(1) To remove any doubt, the owner is not entitled to be paid 11 compensation-- 12 (a) for development, or an activity, unlawfully carried out; or 13 (b) if the change merely requires the development, or an activity, to 14 be carried out on a different part of the land to that preferred by 15 the owner. 16 (2) If compensation is payable under another Act, the claim for 17 compensation must be made under the other Act. 18 to claim compensation 19 How 88.(1) A claim for compensation must be lodged with the chief executive 20 within 6 months-- 21 (a) if section 86(2) applies--of the refusal of the application; or 22 (b) if section 86(3) applies--the change of use. 23 (2) The chief executive or the Planning and Environment Court may, in 24 special circumstances, allow a longer period under subsection (1). 25 (3) A claim for compensation is to be taken to have been made on the 26 day when it is received by the chief executive. 27

 


 

s 89 49 s 91 Coastal Protection and Management compensation payable 1 Deciding 89.(1) The chief executive must decide the reasonable compensation 2 payable under the claim within 60 days after the day the claim is received. 3 (2) In deciding the claim, the chief executive may decide-- 4 (a) the reasonable compensation payable; or 5 (b) to reject the claim; or 6 (c) to acquire the interest. 7 (3) The chief executive must, within 10 days after deciding the claim, 8 notify the claimant of the decision and advise the claimant that the claimant 9 may appeal to the Planning and Environment Court against a decision under 10 section 89(2)(a) or (b). 11 (4) If the chief executive fails to decide the claim within 60 days of 12 receiving the claim, the owner may appeal to the court as if the chief 13 executive had decided to reject the claim. 14 is reasonable compensation 15 What 90.(1) Reasonable compensation is (subject to subsections (2), (3) and 16 (4)) an amount equal to the difference between the market value of the 17 interest immediately after the change and what would have been the market 18 value of the interest if the change had not been made. 19 (2) Any benefit the owner obtains from the change is to be taken into 20 account in calculating the reasonable compensation. 21 (3) If the owner owns land adjacent to the land for which the payment of 22 compensation is sought, the payment of compensation must also take into 23 account any benefit accruing to the adjacent land because of the change. 24 (4) If the land for which compensation is claimed has, since the change, 25 become or ceased to be separate from other land, the amount of 26 compensation is not to be increased because it has become or ceased to be 27 separate from other land. 28 of compensation 29 Payment 91. The compensation must be paid within 30 days after the last day an 30

 


 

s 92 50 s 95 Coastal Protection and Management appeal could be made or, if an appeal is made, within 30 days after the day 1 the appeal is decided. 2 for starting appeal 3 Time 92. If the owner appeals under section 89, the appeal must be made 4 within 30 days of the making of the decision. 5 by court 6 Decision 93.(1) In making its decision, the Planning and Environment Court must 7 have regard to any difference in the value of the land because of the change. 8 (2) Subsection (1) does not limit the things to which the court may have 9 regard in making its decision. 10 of compensation to be recorded 11 Payment 94.(1) As soon as practicable after the compensation is paid, the chief 12 executive must give the registrar of titles written notice that the land is 13 affected by chapter 5, part 1.7 14 (2) The notice must be in a form approved by the registrar. 15 (3) The registrar must keep the information stated in the notice as 16 information under the Land Title Act 1994, section 34. 17 PART 2--APPEALS 18 may appeal 19 Who 95. A person who is dissatisfied with the chief executive's decision to 20 give the person a coastal protection or tidal works notice may appeal against 21 the decision to the Planning and Environment Court. 22 7 Chapter 5 (Administration), part 1 (Compensation).

 


 

s 96 51 s 99 Coastal Protection and Management to start appeal 1 How 96.(1) An appeal is started by-- 2 (a) filing written notice of the appeal with the registrar of the court; 3 and 4 (b) complying with the rules of court applicable to the appeal. 5 (2) The notice of appeal must-- 6 (a) be filed within-- 7 (i) if the coastal protection or tidal works notice is given under 8 section 52(3) and 53(2)--60 days after the notice is given; or 9 (ii) if subparagraph (i) does not apply--30 days after the person 10 receives the coastal protection or tidal works notice; and 11 (b) state fully the grounds of the appeal and the facts relied on. 12 to give notice of appeal 13 Appellant 97. Within 7 days after filing a notice of appeal, the appellant must serve 14 notice of the appeal on the chief executive. 15 of operation of decision 16 Stay 98.(1) The court may grant a stay of the decision appealed against to 17 secure the effectiveness of the appeal. 18 (2) A stay may be granted on conditions the court considers appropriate 19 and has effect for the period stated by the court. 20 (3) The period of a stay must not extend past the time when the court 21 decides the appeal. 22 (4) An appeal against a decision does not affect the operation or carrying 23 out of the decision unless the decision is stayed. 24 procedures 25 Hearing 99.(1) The procedure for an appeal is to be in accordance with the rules 26 of court applicable to the appeal or, if the rules make no provision or 27 insufficient provision, in accordance with directions of the judge. 28

 


 

s 100 52 s 102 Coastal Protection and Management (2) An appeal is by way of rehearing, unaffected by the chief executive's 1 decision. 2 of court on appeal 3 Powers 100.(1) In deciding an appeal, the court may-- 4 (a) confirm the decision appealed against; or 5 (b) vary the decision appealed against; or 6 (c) set aside the decision appealed against and make a decision in 7 substitution for the decision set aside. 8 (2) If on appeal the court acts under subsection (1)(b) or (c), the decision 9 is taken, for this Act (other than this part), to be that of the chief executive. 10 ART 3--MISCELLANEOUS 11 P by chief executive 12 Delegation 101. The chief executive may delegate the chief executive's powers under 13 this Act to an officer of the public service, a local government, port 14 authority or statutory authority. 15 of the coastal zone report 16 State 102.(1) The chief executive must prepare and publish a report on the state 17 of the coastal zone at least every 4 years. 18 (2) The report must-- 19 (a) include an assessment of the condition of major coastal resources; 20 and 21 (b) identify significant trends in coastal values; and 22 (c) review significant programs, activities and achievements of 23 persons and public authorities in relation to the protection, 24 restoration and enhancement of the coastal zone; and 25

 


 

s 103 53 s 104 Coastal Protection and Management (d) evaluate the efficiency and effectiveness of coastal management 1 strategies implemented to achieve the object of this Act. 2 (3) The Minister must table a copy of the report in the Legislative 3 Assembly within 14 sitting days after receiving it. 4 making power 5 Regulation 103.(1) The Governor in Council may make regulations under this Act. 6 (2) A regulation may make provision for coastal management, including, 7 for example, provisions about any of the following matters-- 8 (a) access to unallocated State land in a control district; 9 (b) the use or development of land in a control district; 10 (c) activities in a control district; 11 (d) the presence and use of vehicles and vessels in a control district; 12 (e) the impounding, removal and disposal of vehicles, vessels, 13 aircraft or property found abandoned in a control district; 14 (f) the matters for which fees, costs and charges are payable under 15 this Act, the amounts of the fees, costs and charges, the persons 16 who are liable to pay the fees, costs and charges, when the fees, 17 costs and charges are payable, and the recovery of any amount of 18 the fees, costs and charges not paid; 19 (g) giving effect to, and enforcing compliance with, coastal plans, 20 including, for example, giving a notice about a contravention of a 21 coastal plan and the effect of failure to comply with it; 22 (h) exemption from compliance with provisions of a coastal plan. 23 (3) A regulation may prescribe offences for contraventions of a 24 regulation, and fix a maximum penalty of a fine of not more than 25 165 penalty units for the contravention. 26 of control districts 27 Transition 104. For this Act-- 28 (a) each coastal management control district and erosion prone area 29

 


 

s 105 54 s 105 Coastal Protection and Management under the Beach Protection Act 1968 is taken to be a control 1 district under this Act; and 2 (b) each setback requirement as specified in the plans listed in the 3 table in the Coastal Management Control Districts 4 (Requirements for Buildings or Other Structures) Regulation 5 1984, is taken to be a coastal building line under this Act. 6 PART 4--CONSEQUENTIAL AMENDMENTS 7 amended 8 Acts 105. Schedule 1 amends the Acts mentioned in it. 9

 


 

55 Coastal Protection and Management CHEDULE 1 1 S EACH PROTECTION ACT 1968 2 B section 105 3 1. Section 3, definition "coast", `mean high-water mark at spring tides 4 of any tidal water'-- 5 omit, insert-- 6 `the highest astronomical tide mark'. 7 2. Section 15-- 8 omit, insert-- 9 `Delegation 10 `15. The authority may delegate its powers to an officer or employee of 11 the department.'. 12 3. After section 41B-- 13 insert-- 14 `Mandatory condition for rezoning approvals 15 `41C.(1) This section applies if-- 16 (a) a person applies under the Local Government (Planning and 17 Environment) Act 1990 for approval to amend an existing 18 planning scheme by the rezoning of land (the "relevant land"); 19 and 20 (b) all or part of the relevant land is in a coastal management control 21 district or is included in an area to which an erosion prone area 22 plan relates. 23 `(2) In this section-- 24 "surrender", of land, means surrender of the land free of charge to the 25

 


 

56 Coastal Protection and Management SCHEDULE 1 (continued) State for beach protection and coastal management. 1 `(3) Within 2 days after lodging the application with the local 2 government, the person must give a copy of the application to the Beach 3 Protection Authority. 4 `(4) Subsection (3) is a relevant procedure that must be included in the 5 applicant's statutory declaration mentioned in the Local Government 6 (Planning and Environment) Act 1990 sections 4.3(10) and 4.6(10). 7 `(5) If the Beach Protection Authority is satisfied the relevant land should 8 be protected by the surrender of part of the land, it must-- 9 (a) advise the applicant and the local government that a condition of 10 the approval should be that a specified part of the relevant land be 11 surrendered; and 12 (b) give the local government written advice about the condition 13 within 30 days of receiving the copy of the application from the 14 applicant. 15 `(6) If the Governor in Council is satisfied the relevant land should be 16 protected by the surrender of land, the Governor in Council may require, as 17 a condition of the approval, that land be surrendered. 18 `(7) To remove any doubt, the surrender requirement only applies to the 19 part of the land in an area to which an erosion prone area plan relates. 20 `(8) No appeal lies against the surrender requirement and no 21 compensation is payable for the surrender. 22 `(9) If land has been previously surrendered under this section, this 23 section does not apply if the remaining land is subject to a further 24 application mentioned in subsection (1).'. 25 4. Section 45-- 26 insert-- 27 `(10) In this section-- 28

 


 

57 Coastal Protection and Management SCHEDULE 1 (continued) "coastal management control district" includes land in an area to which 1 an erosion prone area plan relates.'. 2 RANSPORT INFRASTRUCTURE ACT 1994 3 T 1. Section 236(8), `2'-- 4 omit, insert-- 5 `4'. 6 7

 


 

58 Coastal Protection and Management CHEDULE 2 1 S ICTIONARY 2 D section 5 3 "advisory council" means the Coastal Protection Advisory Council. 4 "alter" includes add to, remove from, maintain, or change in any way, and 5 includes starting or continuing to alter. 6 "authorised person" means a person appointed as an authorised person 7 under this Act. 8 "biological diversity" see Nature Conservation Act 1992, section 10. 9 "build" includes-- 10 (a) move from one position to another position, whether on the same 11 or another allotment; and 12 (b) re-build (with or without alteration) whether on the same or 13 another allotment. 14 "coast" see section 6. 15 "coastal building line" see section 59. 16 "coastal management" see section 7. 17 "coastal plan" means the State plan or a regional plan. 18 "coastal protection notice" see section 52. 19 "coastal resources" see section 8. 20 "coastal waters" see section 9. 21 "coastal wetlands" see section 10. 22 "coastal zone" see section 11. 23 "control district" means a part of the coastal zone declared under this Act 24 as a control district. 25 "cultural resources", of the coastal zone, means the places or objects that 26

 


 

59 Coastal Protection and Management SCHEDULE 2 (continued) have anthropological, archaeological, historical, scientific, spiritual, 1 visual or sociological significance or value, including such significance 2 or value under Aboriginal tradition or Island custom. 3 "damage", to vegetation, means remove, fell, cut down, ringbark, dig up, 4 pull out, poison or burn the vegetation or interfere with the natural 5 growth of the vegetation, and includes damage to the vegetation caused 6 by draining land or altering the water table for land. 7 "ecologically sustainable development" see section 12. 8 "fee" includes tax. 9 "foreshore" means the land lying between high water mark and low water 10 mark as is ordinarily covered and uncovered by the flow and ebb of 11 the tide at spring tides. 12 "high water mark" means the ordinary high water mark at spring tides. 13 "interest", for land, includes-- 14 (a) a mining claim, mineral development licence or mining lease 15 granted under the Mineral Resources Act 1989; or 16 (b) a petroleum lease granted under the Petroleum Act 1923. 17 "key coastal site" means an area identified under a regional plan as a key 18 coastal site. 19 "land" includes land that is, or is at any time, covered by Queensland 20 waters. 21 "land under tidal water" includes foreshore. 22 "low water mark" means the ordinary low water mark at spring tides. 23 "National Strategy for Ecologically Sustainable Development" means 24 the National Strategy for Ecologically Sustainable Development 25 endorsed by the Council of Australian Governments on 7 December 26 1992. 27 "natural resources" , of the coastal zone, means the natural and physical 28 features and processes of the zone, including wildlife, soil, water, 29 minerals and air. 30

 


 

60 Coastal Protection and Management SCHEDULE 2 (continued) "obstruct" includes-- 1 (a) hinder or resist; and 2 (b) attempt to obstruct. 3 "owner", for chapter 5, part 1, see section 86(1). 4 "owner", of land, means the person for the time being entitled to receive 5 the rent of the land or would be entitled to receive the rent from it if it 6 were let to a tenant at a rent, and includes the holder of a lease, licence 7 or permission from the State, or a person deriving title under it. 8 "place" includes land, a structure, vehicle or other place (even if the place is 9 in a natural or undeveloped state) whether the place is on or under the 10 water or on the bed of any waters. 11 "planning scheme" see Local Government (Planning and Environment) 12 Act 1990, section 1.4. 13 "port authority" see Transport Infrastructure Act 1994, schedule 3. 14 "regional plan" means a regional coastal management plan approved 15 under chapter 2, part 2, division 2. 16 "sea" includes bays, arms and inlets of the sea. 17 "seaward" means toward tidal water. 18 "State plan" means the State coastal management plan approved under 19 chapter 2, part 2, division 1. 20 "stock" means any grazing animal, and includes commercially farmed 21 birds. 22 "structure" includes a building, deck, fence, gazebo, path, pillar, post, 23 road, swimming pool, tennis court and wall. 24 "tidal water" means the sea and any part of a harbour or water course 25 ordinarily within the ebb and flow of the tide at spring tides. 26 "tidal works notice" see section 53. 27 "unallocated State land" see Land Act 1994, schedule 6. 28

 


 

61 Coastal Protection and Management SCHEDULE 2 (continued) "vegetation" includes trees. 1 "wildlife" see Nature Conservation Act 1992, section 7. 2 3 State of Queensland 1995

 


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