Beach Protection Act and Another Act Amendment Act 1984 (Qld)

693 ( ueettstanb ANN O TRIG IMO TERTIO ELI A E AE SECU ND AE R E GIN AE No. 65 of 1984 An Act to amend the B each Protecti o n Act 1968 - 1974 and the CanalsAct 1958-1979 each in certain particulars [ASSENTED TO 12TH S EPTEMBER, 198 4]

694 Beach Protection Act and Another Act Amendment Act 1984, No. 65 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title. This Act may be cited as the Beach Protection Act and Another Act Amendment Act 1984. 2. Commencement. (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on a day appointed by Proclamation. (3) A reference in any Act to the commencement of this Act shall be taken to refer to the day proclaimed under subsection (2). 3. Arrangement . This Act is arranged as follows:- PART I-PRELIMINARY ( SS. 1-3); PART 11-AMENDMENTS TO BEACH PROTECTION ACT (ss. 4-50); PART 111-AMENDMENTS TO CANALS ACT (ss. 51-60). PART 11-AMENDMENTS TO BEACH PROTECTION ACT 4. Principal Act and citation . (1) In this Part the Beach Protection Act1968-1974 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Beach Protection Act1968-1984. 5. New long title. The Principal Act is amended by omitting the long title and substituting the following long title:- "An Act to provide for the regulation of and the provision of advice in respect of certain activities affecting the coast , to protect the amenity of the coast and, subject thereto, to minimize damage to property from erosion or encroachment by tidal water and for those purposes to establish an Authority and to confer and impose upon it certain functions and powers ". 6. Amendment of s. 2. Parts of Act. Section 2 of the Principal Act is amended by- (a) omitting from the words immediately following the expression " PART II-" the words "AND THE ADVISORY BOARD "; (b) omitting from the words immediately following the expression PART III-" the words "AND OF THE ADVISORY BOARD ". 7. New s . 2A. The Principal Act is amended by inserting after section 2 the following section:- " 2A. Savings , &c. (1) Each beach erosion control district, within the meaning of The Beach Protection Act of 1968 as amended and in force immediately prior to the commencement of the Beach

Beach Protection Act and Another Act Amendment Act 1984, No. 65 695 Protection Act and Another Act Amendment Act 1984, existing immediately prior to that commencement, shall on and from that commencement be deemed to be. a part of the coast declared under section 36 to be a coastal management control district and where on any plan referred to in that section as amended and in force immediately prior to that commencement there is a reference to any such beach erosion control district such reference shall on and from that commencement be deemed to refer to the appropriate coastal management control district. (2) Each scheme approved pursuant to section 38 of The Beach Protection Act of1968 prior to the commencement of the Beach Protection Act and Another Act Amendment Act 1984 that has not been fully implemented prior to that commencement shall on and from that commencement be deemed to be a coastal management plan approved under this Act. (3) A Local Authority shall, as a function of Local Government, continue to maintain all beach protection works within the meaning of The Beach Protection Act of 1968 as amended and in force immediately prior to the commencement of the Beach Protection Act and Another Act Amendment Act 1984 that it was required to maintain immediately prior to that commencement. (4) Those persons who, immediately prior to the commencement of the Beach Protection Act and Another Act Amendment Act 1984, were members of the Beach Protection Advisory Board shall, on and from that commencement, go out of office. 8. Amendment of s. 3. Meaning of terms. Section 3 of the Principal Act is amended by- (a) in subsection (1)- (i) inserting immediately above the definition " Authority " the following definition:- "Area "-In relation to a Local Authority, means the district in which the Local Authority has jurisdiction and any place under the control of the Local Authority outside the boundaries of that district;"; (ii) omitting the definitions " Beach erosion control district " and Board "; (iii) omitting the definition " Coast " and substituting the following definition:- " " Coast "-All land, including the bed and banks of any river, stream, watercourse, lake or other body of water- (a) that is situated above mean high-water mark at spring tides of any tidal water and within 400 metres, measured by the shortest distance, of that mark; (b) that is situated below mean high-water mark at spring tides of any tidal water:

696 Beach Protection Act and Another Act Amendment Act 1984, No. 65 This definition applies with respect to every island forming part of the State of Queensland;"; (iv) inserting after the definition " Coast ", as inserted by this section, the following definitions:- " " Coastal management "-The works, activities, maintenance and other matters considered by the Authority to be necessary or expedient to protect the amenity of the coast and, subject thereto, to minimize damage to property from erosion or encroachment by tidal water; " Coastal management control district "-A part of the coast that is declared or deemed to be declared under this Act to be a coastal management control district; " Coastal management plan "-A plan prepared by the Authority under this Act that states in general terms the future preferred coastal management for land situated in a coastal management control district: The term includes a scheme that, pursuant to section 2A (2), is deemed to be a coastal management plan approved under this Act;"; (v) omitting the definition " Co-ordinator-General "; (vi) inserting after the definition " Engineer " the following definitions:- " " Erosion prone area plan "-A plan prepared by the Authority under this Act specifying areas of the coast that, in the opinion of the Authority, may be subject to erosion or encroachment by tidal water; " Harbour Board "-A Harbour Board within the meaning of the Harbours Act 1955-1982: The term includes a corporation that is given by the Act under which it is constituted the powers, authorities, functions, duties and obligations of a Harbour Board; " Local Authority "-A Local Authority or Joint Local Authority constituted under the Local Government Act 1936-1983: The term includes- (a) any person who at the material time is deemed to be a Local Authority pursuant to that Act; (b) Brisbane City Council constituted under the City ofBrisbane Act1924-1982; (c) any person or persons to whom is or are delegated any of the powers, duties or discretions had by a Local Authority; " Marine Board "-The Marine Board of Queensland constituted under the Queensland Marine Act 1958-1979; "; (vii) omitting the definition " Restricted access area " and substituting the following definition:- " " Restricted access area "-The whole or part of an area to which an erosion prone area plan relates which is declared under section 48 to be a restricted access area; ";

Beach Protection Act and Another Act Amendment Act 1984, No. 65 697 (viii) inserting after the definition " Restricted access area " the following definition:- " Rivveerr Improvement Trust "-A Trust constituted by or under the River Improvement Trust Act1940-1983; "; (ix) in the definition " Secretary " omitting the words " and of the Board "; (x) in the definition " Unoccupied Crown land " omitting the words " of the main sea at spring tides " and substituting the words " at spring tides of any tidal water "; (b) inserting the following subsection after subsection (2):- " (3) A reference in this Act to an area to which an erosion prone area plan relates is a reference to an area indicated on the plan that may, in the opinion of the Authority, be subject to erosion or encroachment by tidal water.". 9. Amendment of heading . The Principal Act is amended by, in the heading appearing immediately above section 5, omitting the words " AND THE ADVISORY BOARD ". 10. Amendment of s. 5 . Th e Authority . Section 5 of the Principal Act is amended by- (a) omitting subsection ( 2) and substituting the following , subsection:- "(2) The Authority shall consist of a chairman and 8 other members each of whom shall, subject to subsection (3), be appointed by the Governor in Council by notification published in the Gazette."; (b) in subsection (3)- (i) omitting provision (c) and substituting the following provision:- (c) a person nominated by the Minister for the time being administering the State Development and Public Works Organization Act 1971-1981; "; (ii) omitting provision (f) and substituting the following provision: "(f) 4 representatives of Local Authorities the Areas whereof include any part of the coast each of whom shall be a member of such a Local Authority nominated to the Minister by the Executive of The Local Government Association of Queensland (Incorporated)."; (c) omitting subsection (4) and substituting the following stion:- " (4) Where 4 suitably qualified persons are not nominated to the Minister for appointment as the representatives referred to in subsection (3) (f) the Minister may- (a) where there has been a failure to nominate any representatives - nominate 4 suitably qualified persons for appointment as those representatives; (b) where less than 4 representatives have been nominated- nominate such number of suitably qualified persons 23

698 Beach Protection Act and Another Act Amendment Act 1984, No. 65 for appointment as those representatives as will bring the number of representatives to 4, and such nominees shall be deemed to have been nominated under subsection (3) (f)."; (d) inserting after subsection (5) the following subsections:- " (6) Upon the commencement of the Beach Protection Act and Another Act Amendment Act 1984 the appointment under The Beach Protection Act of 1968 of those persons who, immediately prior to that commencement, were members of the Authority is revoked and they shall cease to be members of the Authority pursuant to that appointment. (7) The Governor in Council may at any time after the passing of the Beach Protection Act and Another Act Amendment Act 1984 appoint as members of the Authority those persons who are to constitute the Authority on the commencement of that Act and every such appointment shall take effect on that commencement.". 11. Repeal of s. 7. Advisory Board. The Principal Act is amended by repealing section 7. 12. Amendm ent of s. 8. Disqualifications from office . Section 8 of the Principal Act is amended by omitting the words " or of the Board " and the words " or the Board ". 13. Amendment of s. 9. ' facationlof office . Section 9 of the Principal Act is amended by in subsection (1)- (a) omitting the words " or the Board "; (b) in provision (b), omitting the words " or, as the case may be, the Board "; (c) in provision (c), omitting the words " or, as the case may be, Board " (where twice occurring); (d) in provision (e), omitting the expression " Board specified in paragraphs (h), (i) and (j) of subsection (3) of section seven of this Act," and substituting the expression "Authority specified in paragraph (f) of section 5 (3),". 14. Am endment of s. 10. Casual Vacancies. Section 10 of the Principal Act is amended by- (a) in subsection (1), omitting the words " or Board "; (b) in subsection (2), omitting the words " or, as the case may be, the Board,". 15. Amen dm ent of s. 11 . Defects in appointments , &c. Section 11 of the Principal Act is amended by- (a) in subsection (1), omitting the words " or of the Board " (where twice occurring);

Beach Protection Act and Another Act Amendment Act 1984, No. 65 699 (b) in subsection (2)- (i) omitting the words " or of the Board " (where thrice occurring); (ii) omitting the words " or, as the case may be, the Board "; (c) in subsection (3), omitting the words " or of the Board ". 16. Amendment of s. 12. Payments to m embers . Section 12 of the Principal Act is amended by- (a) in the first paragraph, omitting the words " and of the Board "; (b) in the second paragraph, omitting all words from and including the word " members " (first occurring) and substituting the words " different members ". 17. Amendment of s. 13 . Proceedings of the Authority a nd of the Board. Section 13 of the Principal Act is amended by- (a) in the note appearing in and at the commencement of the section, omitting the words " and of the Board "; (b) omitting subsection (2); (c) in subsection (3), omitting the words " or of the Board "; (d) in subsection (4), omitting the words " or of the Board "; (e) in subsection (5), omitting the words " or of the Board "; (f) in subsection (6), omitting the words " or of the Board "; (g) inserting after subsection (6) the following subsection: "(7) Notwithstanding- (a) the preceding provisions of this section; or (b) that all or any of the members may not be present at the same venue, a meeting of the Authority may be held for the purposes of this Act, if all the members entitled to be present so agree, by means of a telephone or some other mode of communication previously approved for the purposes of this subsection by the Authority, or partly by one such mode and partly by another.". 18. Amendment of s. 14. Deputies for m embers . Section 14 of the Principal Act is amended by- (a) in subsection (1), omitting the words " or of the Board "; (b) in subsection (2), omitting the words " or of the Board ". 19. Repeal of and new s . 15. Committees of the Board . The Principal Act is amended by repealing section 15 and substituting the following section:- ,, 15. Power of delegation . (1) The Authority may by writing under its seal either generally or otherwise as provided by the instrument of delegation delegate to its Chairman or to the Secretary or Engineer all or any of its powers, authorities, functions and duties except this power of delegation.

700 Beach Protection Act and Another Act Amendment Act 1984, No. 65 (2) A delegation may be made subject to such terms or limitations as the Authority thinks fit including a requirement that the delegate shall report to it on the exercise or performance of the delegated power, authority, function or duty. (3) A power, authority, function or duty so delegated, if exercised or performed by the delegate, shall be exercised or performed in accordance with the instrument of delegation. (4) A delegation does not prevent or prejudice- (a) the exercise of a delegated power or authority or the performance of a delegated function or duty by the Authority; or (b) the exercise by the Authority of supervision of the carrying out by the delegate of the terms of the delegation to the extent of countermanding the delegate's exercise of a power or authority or performance of a function or duty under the delegation. (5) A delegation is revocable at the will of the Authority.". 20. Amendment of s. 16. Assignm ent of officers , etc., to Authority. Section 16 of the Principal Act is amended by in subsection (1) (b) omitting the words " and of the Board ". 21. Amendment of s. 30. Section 30 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the word " July " (first occurring) and substituting the word " October "; (ii) omitting all words from and including the word "(beginning " to and including the word "Act)"; (iii) in provision (a), omitting the words " and during the first two months of the next succeeding financial year "; (b) in provision (d) (ii) of subsection (3), omitting the words " excluding the amount provided for in that budget by way of disbursement for the first two months of the next succeeding financial year ". 22. Repeal of and new s. 33. Accounts and Audit . The Principal Act is amended by repealing section 33 and substituting the following section:- ,, 33. Audit and statements of account . (1) At least once in each year the Auditor-General or an authorized officer within the meaning of the Financial Administration and Audit Act1977-1981 shall audit the accounts of the Authority and each shall have with respect to such audit and accounts all the powers and authorities conferred on him by that Act. (2) As soon as practicable after 30th June in each year, the Authority shall prepare statements of account in respect of the financial year concluded on that date. The statements shall be in a form approved by the Treasurer following consultation with the Auditor-General.

Beach Protection Act and Another Act Amendment Act 1984, No. 65 701 (3) The procedure for signing and certifying statements of account, transmitting those statements to the Auditor-General and for having the same audited and certified by the Auditor-General shall be in accordance with the FinancialAdministration and Audit Act1977-1981 and the Treasurer's Instructions issued under that Act.". 23. Amendment of heading. The Principal Act is amended by in the heading appearing immediately above section 34 omitting the words "AND OF THE ADVISORY BOARD ". 24. Amendment of s. 34 . Functions of the Authority . Section 34 of the Principal Act is amended by- (a) in subsection ( 1), omitting provisions ( a), (b), (c) and (d) and substituting the following provisions:- "(a) the giving of advice and the making of reports with respect to coastal management to the Minister , State Government Departments , the Marine Board, Harbour Boards, Local Authorities , River Improvement Trusts and other persons; (b) the carrying out of investigations , conducting of experiments and giving of demonstrations with respect to coastal management; (c) the planning of preventive and remedial measures with a view to preventing any matter or thing having an adverse effect upon the amenity of the coast and, subject thereto, with a view to minimizing damage to property from erosion or encroachment by tidal water; (d) the recording and evaluating of the results of the investigations, experiments , demonstrations and plans referred to in provisions (b) and (c); (e) the disseminating of information on coastal management to members of the public; (f) the exercising and performing of the powers, authorities, functions and duties conferred upon it by this or any other Act."; (b) inserting after subsection (2) the following subsection:- "(3) Any advice or report referred to in subsection (1) (a) other than advice given or a report made to the Minister may be given or made subject to such terms and conditions as to the Authority seem fit including a condition requiring the payment of a fee to the Authority.". 25. Repeal of s. 35. Functions of the Board . The Principal Act is amended by repealing section 35.

702 Beach Protection Act and Another Act Amendment Act 1984, No. 65 26. Amendment of s. 36. Beach erosion control districts . Section 36 of the Principal Act is amended by- (a) in the note appearing in and at the commencement of the section, omitting the words " Beach erosion " and substituting the words " Coastal management "; (b) in provisions (a) and (f) of subsection (1) omitting the words " beach erosion " and substituting in each case the words " coastal management "; (c) in subsection (2), omitting the words " beach erosion " and substituting the words " coastal management "; (d) in subsection (3), omitting the words " beach erosion " (where thrice occurring) and substituting in each case the words " coastal management "; (e) in subsection (4), omitting the words " beach erosion " and " the main sea " and substituting the words " coastal management " and " any tidal water " respectively. 27. Repeal of and new s. 37. Scheme for beach protection. The Principal Act is amended by repealing section 37 and substituting the following section:- " 37. Coastal management plan. (1) The Authority may cause to be prepared in respect of a coastal management control district or part thereof a coastal management plan or several such plans (as the Authority thinks fit). (2) When the coastal management plan is prepared the Authority shall- (a) furnish a copy of the plan to each Local Authority, Harbour Board and River Improvement Trust that will be affected by the implementation of the plan; (b) by advertisement published at least once in at least one newspaper circulating in the locality in which the coastal management control district in question is situated, give notice that a copy of the plan is open for public inspection for the period of one month specified in the advertisement at the office or offices respectively of the Local Authority or Local Authorities named in the advertisement. (3) A Local Authority which, pursuant to paragraph (a) of subsection (2), is furnished with a copy of the coastal management plan, shall keep such copy open for public inspection at its office at all times when its office is open for the transaction of public business during the period of one month specified in the advertisement. (4) During the inspection period of one month or within one week after its termination any person (including a Local Authority, Harbour Board or River Improvement Trust that will be affected by the implementation of the plan) who considers that he will be aggrieved by a requirement of the plan may object to the plan.

Beach Protection Act and Another Act Amendment Act 1984, No. 65 703 (5) Where the Minister is satisfied that a person has reasonable grounds for objecting to a coastal management plan he may, by notice in writing given to the person, extend, in relation to that person, the period of one week referred to in subsection (4) to a period not exceeding 2 months and where he does so this section, in so far as it relates to that person, shall be construed as if the reference in subsections (4) and (10) to a period of one week were a reference to the extended period mentioned in the notice. (6) The objection shall be in writing, shall be addressed to the Secretary and shall set out the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds. (7) A ground of objection may be that the implementation of the plan will impose an undue financial burden on the objector. (8) An objection may be made by a group of persons. (9) An objection may be posted to or lodged with any Local Authority at the office whereof a copy of the plan is required to be kept open for public inspection, and such Local Authority shall forthwith forward to the Secretary every objection received by it. (10) The Authority shall forthwith consider every objection made pursuant to this section and received by the Secretary not later than one week after the termination of the inspection period. (11) For the purposes of subsection (10) an objection received by a Local Authority pursuant to subsection (9) shall be deemed to have been received by the Secretary.". 28. Amendment of s. 38. Approval of scheme . Section 38 of the Principal Act is amended by- (a) in the note appearing in and at the commencement of the section, omitting the word " scheme " and substituting the word " plan "; (b) in subsection (1)- (i) in provision (a), omitting the word " scheme " and substituting the words " coastal management plan "; (ii) in provisions (b) and (d), omitting the word " scheme " and substituting in each case the word " plan "; (c) in subsection (2), omitting the word " scheme " (where thrice occurring) and substituting in each case the words " coastal management plan ". 29. Repeal of and new s. 39. Implementation of scheme . The Principal Act is amended by repealing section 39 and substituting the following section- " 39. Im plementation of coastal management plan. (1) When a coastal management plan is approved by the Governor in Council, the Authority may arrange with each Local Authority, Harbour Board or River Improvement Trust that will be affected by the implementation of the plan for the carrying out, taking and doing

704 Beach Protection Act and Another Act Amendment Act 1984, No. 65 by the Local Authority, Harbour Board or, as the case may be, River Improvement Trust of the works, steps and things necessary to implement the plan. (2) Arrangements made under subsection (1) may include a program listing, in relation to successive stages, the works, steps and things to be carried out, taken and done by the Local Authority, Harbour Board or River Improvement Trust in question for the purpose of implementing the coastal management plan. (3) A Local Authority, Harbour Board or River Improvement Trust may carry out works, take steps and do things- (a) pursuant to an arrangement in that behalf made with it by the Authority under subsection (1); (b) that are in accordance with and that are carried out, taken or done for the purpose of implementing a coastal management plan. (4) A Local Authority, Harbour Board or River Improvement Trust shall maintain any works carried out by it pursuant to an arrangement entered into under subsection (1) or in accordance with and for the purpose of implementing a coastal management plan. (5) The carrying out of works, taking of steps and doing of things by a Local Authority under subsection (3) and the carrying out of maintenance by a Local Authority under subsection (4) are hereby declared functions of Local Government. (6) A Local Authority, Harbour Board, River Improvement Trust or other person shall not do any thing that to its or his knowledge- (a) is contrary in any respect to the works, steps or things provided for in a coastal management plan; (b) is likely to make the implementation of that plan more difficult than would otherwise be the case; or (c) is likely to increase the cost of implementing the plan. Penalty: $1000. (7) The Minister may, by notice in writing given to a Local Authority, Harbour Board, River Improvement Trust or other person that or who has done anything- (a) contrary in any respect to the works, steps or things provided for in a coastal management plan; (b) likely to make the implementation of that plan more difficult than would otherwise be the case; or (c) likely to increase the cost of implementing the plan, direct that person to cease the doing of that thing and, where the Minister is satisfied that the person has contravened subsection (6), direct that person- (d) to restore as nearly as practicable the site whereon that thing was done to the condition in which it was immediately prior to the time at which the thing was commenced to be done; or

Beach Protection Act and Another Act Amendment Act 1984, No. 65 705 (e) where the Minister and that person have so agreed in writing-to carry out, take or do such works, steps or things as have been so agreed, within such time as is specified in the notice. (8) A person who fails to comply with a notice given to him under subsection (7) commits an offence against this Act which shall be taken to be a continuing offence and is liable to a penalty of $500 for each day during which the failure has continued. (9) A person may be prosecuted from time to time for his failure to comply with a notice given to him under subsection (7) in respect of any period or periods during which the failure has continued. (10) Where a person fails to comply with a notice given to him under subsection (7), within the time specified in the notice, the Minister may cause all such steps to be taken and all such things to be done to carry out all or any requirements of the notice. (11) All expenses incurred by the Minister (including administrative expenses) under subsection (10) shall be a debt due to the Minister by the person to whom the notice was given and may be sued for and recovered in a court of competent jurisdiction.". 30. Repeal of and new s. 40. Authority may carry out works for Local Authority. The Principal Act is amended by repealing section 40 and substituting the following section:- " 40. Authority may carry out works . For the purpose of implementing a coastal management plan the Authority may- (a) with the concurrence of any Local Authority, Harbour Board or River Improvement Trust carry out on behalf of that Local Authority, Harbour Board or River Improvement Trust any works, the cost of which shall be charged to that Local Authority, Harbour Board or River Improvement Trust; (b) with the concurrence of any Local Authority, Harbour Board or River Improvement Trust supervise on behalf of that Local Authority, Harbour- Board or River Improvement Trust the carrying out of any works, the cost of which supervision may, where agreement has been reached in that regard, be charged to that Local Authority, Harbour Board or River Improvement Trust; (c) carry out any works with moneys paid into the Fund for that purpose.". 31. Amendment of s. 41. Amendment of scheme . Section 41 of the Principal Act is amended by- (a) in the note appearing in and at the commencement of the section, omitting the word " scheme " and substituting the word 11 plan ";

706 Beach Protection Act and Another Act Amendment Act 1984, No. 65 (b) in subsections (1) and (2) omitting the word " scheme " and substituting in each case the words " coastal management plan "; (c) in subsection (3)- (i) omitting the word " scheme " (where first occurring) and substituting the words " coastal management plan "; (ii) omitting the word " scheme " (where secondly and thirdly occurring) and substituting in each case the word " plan ". 32. New ss. 41A and 41B. The Principal Act is amended by inserting after section 41 the following sections:- " 41A. Erosion prone area plan. (1) The Authority may cause to be prepared in respect of any part of the coast an erosion prone area plan or several erosion prone area plans (as the Authority thinks fit). (2) When an erosion prone area plan is prepared the Authority shall furnish a copy of the plan to the Local Authority the Area whereof includes the part of the coast in question, or if that part is included in the Areas of 2 or more Local Authorities, then to each such Local Authority. (3) A Local Authority which, pursuant to subsection (2), is furnished with a copy of an erosion prone area plan shall keep such copy open for public inspection at its office at all times when its office is open for the transaction of public business. (4) The Authority may from time to time amend an erosion prone area plan and where it does so the plan as so amended shall become and be the plan in question. 41B. Local Authority to obtain Authority ' s views . Before a Local Authority applies under the Local Government Act 1936-1983 (or, in the case of the Brisbane City Council, under the City of Brisbane Town Planning Act 1964-1982), for the Governor in Council's approval of- (a) a proposed town planning scheme; or (b) an amendment to an existing town planning scheme, it shall, where any land to be affected by the proposed scheme or amendment is in a coastal management control district or in an area to which an erosion prone area plan relates, obtain the Authority's views with respect to the proposed scheme or, as the case may be, amendment in so far as it relates to that land.". 33. Repeal of and new s. 42. Application of provisions of Harbours Acts. The Principal Act is amended by repealing section 42 and substituting the following section:- " 42. Application of provisions of Harbours Act. Nothing in this Act shall exclude the operation of the provisions of sections 86 and 91 of the Harbours Act 1955-1982 in relation to the carrying out or maintenance of any works connected with the implementation of a coastal management plan.".

Beach Protection Act and Another Act Amendment Act 1984 , No. 65 707 34. Amendment of s. 43. Protection from wind erosion. Section 43 of the Principal Act is amended by- (a) in subsection (1), omitting the words " a beach erosion control district " and substituting the words " an area to which an erosion prone area plan relates "; (b) in subsection (2)- (i) in paragraph (a), omitting the words " The Authority may direct a Local Authority into the Area whereof a beach erosion control district extends to serve upon an owner of land in such district " and substituting the words "A Local Authority into the Area whereof an area to which an erosion prone area plan relates extends may, and shall if so directed by the Authority, serve upon an owner of land in such area "; (ii) in paragraph (b), omitting the expression " under paragraph (b)" and substituting the expression " under paragraph (a)"; (iii) in paragraph (c)- (A) omitting the words "a direction and a notice pursuant to a direction " and substituting the words " a notice "; (B) in provision (v), inserting after the words " in the opinion of " the words " the Local Authority or "; (iv) in paragraph (d)- (A) omitting the words "A direction and a notice pursuant to a direction " and substituting the words "A notice "; (B) inserting after the words " prior permission of " the words " the Local Authority or "; (c) in subsection (3), in paragraph (a) (iii), omitting the words " one hundred dollars " and " twenty dollars " and substituting the expressions " $500 " and " $100 " respectively; (d) in subsection (4), in the last paragraph, omitting the words " one hundred dollars " and substituting the expression " $500 ". 35. Amendment of s. 44 . Control of building operations . Section 44 of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsections:- (1) Where- (a) under a town planning scheme; or (b) under a by-law whereby provision is made in respect of regulating and controlling the erection or alteration of buildings or other structures on land in an Area or part of an Area to be included in a town planning scheme pending the coming into force of the scheme, any building or other structure may be erected or altered for any purpose on land only with the approval, consent or permission of the Local Authority and the land concerned is in a coastal management control district then notwithstanding that that approval, consent or permission (whether conditionally or not)

708 Beach Protection Act and Another Act Amendment Act 1984, No. 65 has been obtained a person shall not erect or alter or cause or allow to be erected or altered on that land the building or other structure without the authority of a permit under this section or contrary in any respect to the terms and conditions of a permit under this section. (lA) Notwithstanding subsection (1), where- (a) the approval, consent or permission of a Local Authority under a town planning scheme or a by-law referred to in subsection (1) has been obtained in respect of the erection or alteration of a building or other structure on land in a coastal management control district; and (b) a permit has been granted under this section in respect of that erection or alteration, then if the Local Authority has modified that approval, consent or permission pursuant to section 33 (18AA) of the Local Government Act 1936-1983 (or in the case of Brisbane City Council under section 22AA of the City of Brisbane Town Planning Act 1964-1982) a person is not required to obtain a further permit under this section by reason only of that modification and subsection (1B) does not apply to the approval, consent or permission of the Local Authority as so modified. (1B) The approval, consent or permission of a Local Authority under a town planning scheme or a by-law referred to in subsection (1) in respect of the erection or alteration of any building or other structure on land in a coastal management control district shall not have any force or effect in law unless and until the Governor in Council shall grant a permit under this section for the carrying out of that erection or alteration and if such permit is refused the approval, consent or permission by the Local Authority shall be and be deemed to have always been void and of no effect in law. (lc) For the purposes of this section a decision by The Local Government Court allowing an appeal against a refusal by a Local Authority- (a) to give its approval, consent or permission under a town planning scheme or a by-law referred to in subsection. (1) in respect of the erection or alteration of any building or other structure on land in a coastal management control district; or (b) to modify any such approval, consent or permission, shall be deemed to be a decision by the Local Authority in respect of the matter to which the appeal relates."; (b) in subsection (3)- (i) omitting the word "Authority " (where twice occurring) and substituting in each case the words " Governor in Council "; (ii) omitting the word " its " and substituting the word " his "; (c) in subsection (4)- (i) omitting the word "Authority " (where twice occurring) and substituting in each case the words " Governor in Council "; (ii) omitting the word "(which " and substituting the word "(who ";

Beach Protection Act and Another Act Amendment Act 1984, No. 65 709 (d) in subsection (5)- (i) in provision (a)- (A) omitting the words " who is actually " and substituting the words " responsible for "; (B) adding at the end thereof the words " or to place the land in such a state as may be agreed upon between the Authority and the owner or, as the case may be, person responsible "; (ii) in the second paragraph of provision ( b), omitting the words " who is actually " and substituting the words " responsible for "; (e) in subsection ( 6), omitting the words " five hundred dollars " and " fifty dollars " and substituting the expressions " $ 2 500 " and " $250 " respectively; (f) in subsection (7)- (i) inserting after the definition " alter " the following definitions:- "(aa) " building " means a fixed structure that is either wholly or partly enclosed by walls and is roofed and includes any part of a building; (ab) " by-law ", in relation to the Brisbane City Council, includes an ordinance;"; (ii) in the definition " structure " omitting the word " erection." and substituting the word " erection;"; (iii) inserting after the definition " structure " the following definition:- (ccaa) ) " town planning scheme " means- (i) a town planning scheme approved under the Local Government Act 1936-1983; (ii) a Town Plan for the City of Brisbane approved under the City of Brisbane Town Planning Act 1964-1982."; ( g) omitting subsection (9). 36. New s. 44A. The Principal Act is amended by inserting after section 44 the following section:- " 44A. Regulations- buildings or other structures. (1) Regulations may be made under section 60 prescribing requirements that must be complied with by persons who erect or alter any building or other structure on land in a coastal management control district. (2) Regulations made for the purpose of subsection (1) are incorporated with and shall be read as one with the Standard Building By-laws under the Building Act1975-1981 and shall be administered by the Local Authority having jurisdiction in the Area in which the building or other structure is or is to be situated. (3) In this section " alter ", " building ", " erect " and It structure " have the same meaning as in section 44.".

710 Beach Protection Act and Another Act Amendment Act 1984, No. 65 37. Repeal of and new s . 45. Opening of road or subdivision of land in beach erosion control district . The Principal Act is amended by repealing section 45 and substituting the following section:- " 45. Opening of road or subdivision of land in coastal management control district . (1) Notwithstanding that a Local Authority has approved (whether conditionally or not) an application to open a road or to subdivide land in a coastal management control district a person shall not open the road or subdivide the land without the consent of the Governor in Council under this section or contrary in any respect to the terms and conditions pursuant to which that consent is given. (2) The approval by a Local Authority of an application to open a road or to subdivide land in a coastal management control district shall not have any force or effect in law unless and until the Governor in Council shall give his consent under this section to the opening of the road or the subdivision of the land and if such consent is refused the approval by the Local Authority shall be and be deemed to have always been void and of no effect in law. (3) For the purposes of this section a decision by The Local Government Court allowing an appeal against a refusal by a Local Authority to approve an application to open a road or to subdivide l-nd. in, a coastal management control district shall be deemed to be a decision by the Local Authority in respect of the matter to which the appeal relates. (4) An application for consent under this section shall be made to the Local Authority in the Area whereof the land is situated or, where the Local Authority is the applicant, to the Authority (it being hereby declared that this section applies to Local Authorities) in the manner prescribed and shall contain or be accompanied by the prescribed information and particulars. (5) The Local Authority shall forward the application together with the information and particulars appertaining to it to the Authority. (6) The Governor in Council may give or refuse to give his consent to an application made under this section or may give it subject to such terms and conditions as he deems fit. (7) The conditions stipulated by the Governor in Council may include a condition requiring the surrender of all or any land to which an approval referred to in subsection (1) relates to the Crown where such land is situated in an area to which an erosion prone area plan relates. (8) Where a Local Authority has approved an application (whether conditionally or not) to open a road or to subdivide land in a coastal management control district the Registrar of Titles or other person charged with registering instruments of title to any land shall not record any instrument dealing with any land

Beach Protection Act and Another Act Amendment Act 1984, No. 65 711 to which that approval relates (other than a transfer surrendering land to the Crown) unless and until- (a) a plan of the road or, as the case may be, of the subdivision bearing a certificate under the hand of the Secretary stating that the necessary consent has been given by the Governor in Council under this section and, where that consent was given subject to any terms or conditions, that the terms and conditions have been complied with; and (b) where the consent of the Governor in Council was given subject to a condition referred to in subsection (7), a transfer surrendering to the Crown all the land to which that condition relates, are registered in his office. (9) For the purpose of satisfying himself that the terms and conditions, to which any consent given - by the Governor in Council under this section is subject, have been complied with, the Secretary may have regard to a report by- (a) the Engineer; (b) the clerk of the Local Authority concerned or an engineer employed by that Local Authority." 38. Amendment of s. 46. Compensation for injurious affection. Section 46 of the Principal Act is amended by in subsection (1)- (a) in the first paragraph- (i) omitting in provisions (a) and (b) the word "Authority " and substituting in each case the words " Governor in Council "; (ii) omitting the words " in respect, of " and substituting the words " in respect of "; (b) omitting the last paragraph and substituting the following paragraph:- " For the purposes of this section neither the grant pursuant to section 44 of a permit subject to terms and conditions nor the giving of consent pursuant to section 45 subject to terms and conditions shall be construed as a refusal by the Governor in Council to grant a permit or to consent.". 39. Amendment of s. 47. Acts, & c., prohibited in beach erosion control district . Section 47 of the Principal Act is amended by- (a) omitting the note appearing in and at the commencement of the section and substituting the note "Certain acts prohibited without permit."; (b) omitting subsection (1) and substituting the following subsections:- " (1) On any unoccupied Crown land in an area to which an erosion prone area plan relates a person shall not without the

712 Beach Protection Act and Another Act Amendment Act 1984, No. 65 permission in writing of the Local Authority for the Area in which that land is situated or contrary in any respect to the terms and conditions of such a permit- (a) depasture or cause or allow to be depastured or have in his possession or under his control any stock; (b) damage any vegetation; (c) interfere with any works carried out pursuant to an arrangement entered into under section 39. (]A) On any unoccupied Crown land in a coastal management control district or in an area to which an erosion prone area plan relates a person shall not without the permission in writing of the Authority or contrary in any respect to the terms and conditions of such a permit- (a) interfere with any sand, stone, gravel, rock, clay or other earth; (b) drain or cause or allow to be drained or to flow any water or other fluid across or through such land. (1B) A person who contravenes any provision of subsection (1) or (IA) commits an offence against this Act and shall be liable to a penalty not exceeding $2 500 and additionally, in the case of any such offence that is continued, $250 for each and every day on which it is continued."; (c) in subsection (2)- (i) omitting the words " The Authority " and substituting the words "A Local Authority "; (ii) omitting the words " a beach erosion control district " and substituting the words " an area to which an erosion prone area plan relates "; (iii) in provision (c), omitting the word " land; " and substituting the word " land."; (iv) omitting provision (d); (v) omitting the words " five hundred dollars " and " fifty dollars " and substituting the expressions " $2 500 " and " $250 " respectively; (d) inserting after subsection (2) the following subsection:- "(2A) Where a person commits an offence against subsection (1), (IA) or (2) and as a consequence of that offence having been committed damage is caused to the land in respect of which the offence was committed the Local Authority for the Area in which the land is situated in the case of an offence against subsection (1) or (2) or the Authority in the case of an offence against subsection (IA) may cause the land to be restored as nearly as practicable to the condition in which it was immediately prior to the commission of the offence or may cause the land to be placed in some other condition and may recover the expenses incurred by it in doing so from that person by action as for a debt in any court of competent jurisdiction."; (e) in subsection (3), in provision (d), omitting the words " beach protection ".

Beach Protection Act and Another Act Amendment Act 1984 , No. 65 713 40. Amendment of s. 48. Restricted access area. Section 48 of the Principal Act is amended by- (a) in subsection (I)- (i) omitting the words " beach erosion control district " and substituting the words " area to which an erosion prone area plan relates "; (ii) omitting the word "Authority " (where first occurring) and substituting the words " Local Authority for the Area in which the land is situated "; (iii) omitting the words " such area " and substituting the words " such restricted access area "; (iv) omitting the word "Authority " (where second occurring) and substituting the words " Local Authority "; (b) in subsection (2)- (i) omitting the word "Authority " (wherever occurring) and substituting in each case the words " Local Authority "; (ii) in provision (d) omitting the word " area;" and substituting the word " area."; (iii) omitting provision (e); (c) omitting subsection (3); (d) in subsection (4)- (i) omitting the words " the Authority " and substituting the words " a Local Authority "; (ii) omitting the words " one hundred dollars " and substituting the expression " $500 "; (e) omitting subsection (5) and substituting the following subsection:- " (5) Where a person commits an offence against this section and as a consequence of that offence having been committed damage is caused to land in a restricted access area the Local Authority for the Area in which the land is situated may cause the land to be restored as nearly as practicable to the condition in which it was immediately prior to the commission of the offence or may cause the land to be placed in some other condition and may recover the expenses incurred by it in doing so from that person by action as for a debt in any court of competent jurisdiction.". 41. Amendment of s. 49. Powers of entry, &c. Section 49 of the Principal Act is amended by- (a) in subsection (I), omitting the words " or a Local Authority or any person authorized by the Authority or a Local Authority " and substituting the words " or of a Local Authority, Harbour Board or River Improvement Trust or any person authorized by the Authority or by a Local Authority, Harbour Board or River Improvement Trust "; (b) in subsection (4), omitting the words " two hundred dollars " and substituting the expression " $1000 "; (c) in subsection (5), inserting after the words " Local Authority " the words ", Harbour Board or River Improvement Trust ".

714 Beach Protection Act and Another Act Amendment Act 1984, No. 65 42. Amendment of s. 50 . Temporary occupation of land. Section 50 of the Principal Act is amended by- (a) in subsection (1)- (i) inserting after the words Local Authority " the words ", Harbour Board or River Improvement Trust "; (ii) omitting the words " beach protection works " and substituting the expression " works referred to in section 39 "; (b) in subsection (2), inserting after the words " Local Authority " the words ", Harbour Board or River Improvement Trust "; (c) in subsection (3), inserting after the words " Local Authority " the words ", Harbour Board or River Improvement Trust "; (d) in subsection (5), inserting after the words " Local Authority " the words ", Harbour Board or River Improvement Trust ". 43. Amendment of s. 52. Erection of signs by Authority. Section 52 of the Principal Act is amended by- (a) in the note appearing in and at the commencement of the section omitting the words " by Authority "; (b) in subsection (1), omitting the words " beach erosion control district or restricted acess area " and substituting the words " coastal management control district or an area to which an erosion prone area plan relates and a Local Authority may install upon any unoccupied Crown land situated in its Area which land is within or on the boundary of a restricted access area ". 44. Amendment of s. 53. O bstruction of authorized persons . Section 53 of the Principal Act is amended by omitting the words " one hundred dollars " and substituting the expression " $500 ". 45. Amendment of s. 54 . Offences generally . Section 54 of the Principal Act is amended by- (a) in subsection (1), omitting the words " three hundred dollars " and substituting the expression " $1 500 "; (b) in subsection (2), omitting the words " twenty dollars " and substituting the expression " $100 "; (c) omitting the second paragraph of subsection (3) and substituting the following paragraph- Proceeding for- (a) any offence against this Act may be taken upon the complaint of any person authorized in writing (either generally or in the particular case) by the Chairman of the Authority or by the Secretary; !b) an offence against section 43 (3) (a) (iii) or (4) (b), 47 (1) or (2), 48, 49 (4), 52 (2) or 53 may be taken upon the complaint of any person authorized in writing (either generally or in the particular case) by the chairman of a Local Authority.".

Beach Protection Act and Another Act Amendment Act 1984, No. 65 715 46. Amendment of s. 55. Evidentiary aids. Section 55 of the Principal Act is amended by- (a) in provision (a) (i), omitting the words " beach erosion control district " and substituting the words " coastal management control district or any area to which an erosion prone area plan relates "; (b) in provision (a) (ii), adding at the end thereof the words " or the seal of any Local Authority "; (c) in provision (b) (ii), omitting the words. " beach erosion control district " and substituting the words " coastal management control district, an area to which an erosion prone area plan relates or a restricted access area ". 47. Repeal of and new s. 59. Limitation of liability. The Principal Act is amended by repealing section 59 and substituting the following section :- " 59. Limitation of liability. Liability at law shall not attach to the Crown or any person on account of any act or thing done or omitted to be done pursuant to this Act or done or omitted to be done bona fide for the purposes of this Act and done or omitted to be done without negligence.". 48 . A m endment of s. 60. Regulations . Section 60 of the Principal Act is amended by in subsection (3) omitting the words " five hundred dollars " and substituting the expression " $2 500 ". ^o . - of and new s. 61. Pu blication of Orders in Council and dor :. The Principal Act is amended by repealing section 61 and substituting the following section:- " 61. Publication of Orders in Council and laying before Legislative Assembly. (1) Every Order in Council made under this Act shall- (a) be published in the Gazette; (b) upon publication in the Gazette, be judicially noticed; (c) take effect from the date of publication in the Gazette, or from such later date as is specified in the Order in Council; (d) be laid before the Legislative Assembly within 14 sitting days from the day of publication in the Gazette. (2) If any Order in Council is not laid before the Legislative Assembly in accordance with paragraph (d) of subsection (1) it shall be void and of no effect. (3) If the Legislative Assembly passes a resolution pursuant to a motion of which notice has been given at any time within 14 sitting days after any Order in Council has been duly laid before it disallowing an Order in Council any Order in Council so disallowed shall thereupon cease to have effect. (4) Where an Order in Council is disallowed, the disallowance of the Order in Council shall have the same effect as a repeal of the Order in Council.

716 Beach Protection Act and Another Act Amendment Act 1984, No. 65 (5) For the purposes of this section, the power of the Legislative Assembly to pass a resolution disallowing an Order in Council shall not be affected by the prorogation of the Parliament or the dissolution of the Legislative Assembly, and the calculation of days upon which the Legislative Assembly has sat shall be made as if there had been no such prorogation or dissolution. (6) A failure to lay an Order in Council before the Legislative Assembly in accordance with paragraph (d) of subsection (1) or a disallowance of an Order in Council shall not alter the effect of the doing, suffering or omission of anything done, suffered or omitted under, in accordance with or for the purpose of that Order in Council, prior to such failure or disallowance.". 50. Repeal of an d new s . 62. Ann ual report . The Principal Act is amended by repealing section 62 and substituting the following section:- " 62. Ann ual report . (1) As soon as practicable after the 30th June in each year the Authority shall furnish to the Minister a report on its operations in respect of the financial year concluded on that date. (2) The report shall include the annual statements of account together with the certificate of the Auditor-General referred to in section 33. (3) The Minister shall lay the report of the Authority before the Legislative Assembly within 14 sitting days of his receipt of the report. (4) Until the report has been laid before the Legislativ Assembly pursuant to subsection (3) or its release has been approved by the Minister, it shall not be sold or made available to any person other than the Auditor-General or a person acting in aid of him, the Minister or a person nominated by him or a member or an officer of the Authority or a person acting on behalf of the Authority.". PART III-AMENDMENTS TO CANALS ACT 51. Principal Act and citation . (I) In this Part the Canals Act1958-1979 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Canals Act1958-1984. 52. Amendment of s. 2. Interpretation. Section 2 of the Principal Act is amended by in subsection (1)- (a) inserting after the definition "Area" the following definition:- " " Beach Protection Authority "-The Beach Protection Authority constituted by the Beach Protection Act1968-1984; ";

Beach Protection Act and Another Act Amendment Act 1984 , No. 65 717 (b) inserting after the definition " Canal " the following definitions:- " " Coast "-Has the same meaning as in the Beach Protection Act1968-1984; " Coastal management "-Has the same meaning as in the BeachProtection Act1968-1984; "; (c) inserting after the definition " Construct " the following definition:- " Direeccttoorr "-The Director of the Department of Harbours and Marine;"; (d) in the definition " Vessel " omitting the expression " 1956;" and substituting the expression " 1956."; (e) omitting the definition " Year ". 53. Amendment of s. 5 . Provisional approval of cons tru ction of canal. Section 5 of the Principal Act is amended by- (a) in subsection (1), omitting the words " Marine Board " and substituting the word " Director "; (b) omitting subsection (2) and substituting the following subsection:- "(2) Upon receipt of the application the Director- (a) shall refer a copy thereof to the Marine Board and request the Board's views as to the effects (if any) the construction of the canal, in whole or part, is likely to have in regard to navigation in the locality concerned; (b) shall refer a copy thereof to the Beach Protection Authority and request the Authority's views as to the effects (if any) the construction of the canal, in whole or part, is likely to have in regard to coastal management; and (c) may cause to be made such other inquiries as he thinks fit for the purpose of determining his recommendation to the Minister upon the application."; (c) in subsection (3)- (i) omitting the words " Marine Board " (where twice occurring) and substituting in each case the word " Minister "; (ii) omitting the words " its " and " it " and substituting the words " his " and " he " respectively. 54. Amendment of s. 6. Notice of provisional approval. Section 6 of the Principal Act is amended by- (a) in subsection (1), omitting the words " Marine Board " and substituting the word " Director "; (b) in subsection (3), omitting the words " Marine Board " and substituting the word " Director ";

718 Beach Protection Act and Another Act Amendment Act 1984, No. 65 (c) in subsection (4), inserting after provision (c) the following provision:- " (d) The Director shall give to the applicants notice in writing of the decision of the Governor in Council upon their application.". 55. Amendment of s. 7. Final approval . Section 7 of the Principal Act is amended by in subsection (1)- (a) in the first paragraph, omitting the words " to the Marine Board " and substituting the words " to the Director "; (b) in the first paragraph, omitting the words " by the Marine Board as it " and substituting the words " by the Director as he "; (c) in the second paragraph, omitting the words " Marine Board " and substituting the word " Director ". 56. Am endment of s. 8 . Wh en dealings with land in subdivision which provides for a canal prohibited . Section 8 of the Principal Act is amended by in subsection (1) omitting the words " Marine Board " (where twice occurring) and substituting in each case the word " Director ". 57. Amendment of s. 13 . Existing canals. Section 13 of the Principal Act is amended by in subsection (5) omitting the second paragraph. 58. Amendment of s. 14. Inde mn ity . Section 14 of the Principal Act is amended by inserting after the word " Minister," the words " the Director, the Beach Protection Authority,". 59. Amendment of s. 17. R egu lations . Section 17 of the Principal Act is amended by in provision (d) of subsection (1) omitting the words " Marine Board " and substituting the word " Director ". 60. Repeal of and new s. 18. Publication of Orders in Council, &c. The Principal Act is amended by repealing section 18 and substituting the following section:- " 18. Publication of Orders in Council and laying before Legislative Assembly. (1) Every Order in Council made under this Act shall- (a) be published in the Gazette; (b) upon publication in the Gazette, be judicially noticed; (c) take effect from the date of publication in the Gazette, or from such later date as is specified in the Order in Council ; (d) be laid before the Legislative Assembly within 14 sitting days from the day of publication in the Gazette. (2) If any Order in Council is not laid before the Legislative Assembly in accordance with paragraph (d) of subsection (1) it shall be void and of no effect.

Beach Protection A ct and Another Act Amendment Act 1984, No. 65 719 (3) If the Legislative Assembly passes a resolution pursuant to a motion of which notice has been given at any time within 14 sitting days after any Order in Council has been duly laid before it disallowing an Order in Council any Order in Council so disallowed shall thereupon cease to have effect. (4) Where an Order in Council is disallowed, the disallowance of the Order in Council shall have the same effect as a repeal of the Order in Council. (5) For the purposes of this section, the power of the Legislative Assembly to pass a resolution disallowing an Order in Council shall not be affected by the prorogation of the Parliament or the dissolution of the Legislative Assembly, and the calculation of days upon which the Legislative Assembly has sat shall be made as if there had been no such prorogation or dissolution. (6) A failure to lay an Order in Council before the Legislative Assembly in accordance with paragraph (d) of subsection (1) or a disallowance of an Order in Council shall not alter the effect of the doing, suffering or omission of anything done, suffered or omitted under, in accordance with or for the purpose of that Order in Council, prior to such failure or disallowance.".