Coastal Protection Amendment Act 2012 (NSW)

An Act to amend the Coastal Protection Act 1979 to make further provision with respect to the use and occupation of the coastal region and to facilitate the carrying out of certain temporary coastal protection works; and for other purposes.

1Name of Act

This Act is the Coastal Protection Amendment Act 2012.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

Schedule 1Amendment of Coastal Protection Act 1979 No 13[1]The whole Act (except as otherwise amended by this Act)

Omit “emergency coastal protection works” and “Emergency coastal protection works” wherever occurring.

Insert instead “temporary coastal protection works” and “Temporary coastal protection works”, respectively.

[2]Section 4 Definitions

Omit the definition of emergency coastal protection works from section 4 (1).

Insert in alphabetical order:

temporary coastal protection works—see Division 1 of Part 4C.

[3]Section 4 (1), definition of “emergency works authorised officer”

Omit the definition.

[4]Section 4 (1), definition of “relevant local council”

Omit “emergency coastal protection works”.

Insert instead “temporary coastal protection works”.

[5]Section 55K Breach of coastal zone management plan: offence

Insert at the end of the section:

(2)

However, if:

• (a)

  a person commits the offence under subsection (1) by placing material on a beach, or a sand dune adjacent to a beach, and

• (b)

  the material is material of the kind referred to in section 55P (1) (a) or (b),

the maximum penalty for the offence is 2,250 penalty units (in the case of a corporation) or 1,125 penalty units (in any other case).

[6]Section 55O Regulatory approvals not required for temporary coastal protection works

Omit “if the works are authorised by a certificate under Division 2”.

Insert instead “that comply with the requirements for those works set out in this Act”.

[7]Section 55O, note

Omit the note. Insert instead:

Note—

This means that planning and associated approvals are not required for the placement and maintenance of temporary coastal protection works that comply with the requirements for such works set out in this Act—see section 55W.

[8]Section 55P Meaning of “temporary coastal protection works”

Omit section 55P (2) (a), (b) and (c). Insert instead:

(a)

the material must be placed by or on behalf of an owner of land to reduce the impact or likely impact from wave erosion on that land,

[9]Section 55Q Maximum period allowed for emergency coastal protection works

Omit the section.

[10]Section 55R Maintenance requirements for temporary coastal protection works

Omit section 55R (1) (a).

[11]Section 55S Emergency coastal protection works may be placed only once

Omit the section.

[12]Part 4C, Division 2, heading

Omit the heading. Insert instead:

[13]Section 55T Certificates relating to temporary coastal protection works on public land

Omit section 55T (1) and (2). Insert instead:

(1)

A certificate under this Division authorises the certificate holder to use and occupy public land for the placing and maintaining of the temporary coastal protection works to mitigate the effects of wave erosion on the holder’s land (without obtaining a lease, licence or permit in respect of, or an easement or right-of-way in relation to, the public land).

(2)

An owner of land (or a person acting on behalf of, and with the written authority of, the owner of land) may apply to the relevant local council or to the Director-General for a certificate under this Division.

(2A)

An issuing authority must not issue a certificate unless the authority is satisfied that all reasonable measures have been taken and will be taken:

• (a)

  to avoid using or occupying the public land for the placing and maintaining of the works, and

• (b)

  to ensure reasonable public access (including access for local and public authorities) to and through the beach concerned is maintained.

[14]Section 55T (3A)

Insert after section 55T (3):

(3A)

It is a condition of a certificate under this Division that the holder of the certificate must take all reasonable measures:

• (a)

  to avoid damage to assets and vegetation on the public land, and

• (b)

  to minimise risks to the public on the public land, and

• (c)

  to minimise disruption of the public use of the beach concerned.

[15]Section 55T (6), note

Omit the note.

[16]Section 55T (7A)

Insert after section 55T (7):

(7A)

An issuing authority may delegate the exercise of any function of the authority under this section to:

• (a)

  an authorised officer, or

• (b)

  any person, or any class of persons, authorised for the purposes of this section by the regulations.

[17]Section 55T (8)

Omit the definition of emergency works authorised officer.

[18]Section 55V Notification of other issuing authority

Omit “emergency works authorised officer who”.

Insert instead “person or body that”.

[19]Section 55V (a) and (b)

Omit the paragraphs. Insert instead:

(a)

the relevant council—if the certificate was issued by the Director-General,

(b)

the Director-General—if the certificate was issued by a council,

[20]Sections 55VA and 55VB

Insert after section 55V:

55VAMaximum period allowed for temporary coastal protection works on public land(1)

The maximum period allowed for temporary coastal protection works on public land is 2 years commencing on the placement of the works.

(2)

Despite subsection (1), if at the expiry of the 2-year period referred to in that subsection, a development application is pending under the Environmental Planning and Assessment Act 1979 for consent to development for the purposes of coastal protection works on the public land, the maximum period allowed for the works ends:

• (a)

  where, on the final determination of that development application (including any appeals relating to that application), the application is refused—21 days after that final determination, or

• (b)

  where, on the final determination of that development application (including any appeals relating to that application), the application is granted—such further period as is specified in the consent.

(3)

Works cease to be temporary coastal protection works for the purposes of this Act if the works remain in place for longer than the maximum period allowed for temporary coastal protection works under this section.

55VBPublic authorities not to unreasonably refuse access to public land

A public authority must not unreasonably refuse a person access to the public authority’s public land to enable the person to lawfully place temporary coastal protection works on the land or on other public or private land.

[21]Section 55X Notice to council and others of placement of temporary coastal protection works

Omit “in reliance on section 55Z” from section 55X (1) (b).

[22]Section 55X (2)

Omit the subsection. Insert instead:

(2)

The notification under subsection (1) is to be made in the manner and to the person or persons specified by the regulations for the purposes of this subsection.

Maximum penalty:

• (a)

  in the case of a corporation—100 penalty units, or

• (b)

  in any other case—50 penalty units.

[23]Section 55Y Removal of temporary coastal protection works from public land

Omit “on land” from section 55Y (1). Insert instead “on public land”.

[24]Section 55Y (1)

Omit the following:

Maximum penalty:

• (a)

  in the case of a corporation—4,500 penalty units and 400 penalty units for each day the offence continues, or

• (b)

  in any other case—2,250 penalty units and 200 penalty units for each day the offence continues.

Insert instead:

Maximum penalty:

• (a)

  in the case of a corporation—2,250 penalty units and 200 penalty units for each day the offence continues, or

• (b)

  in any other case—1,125 penalty units and 100 penalty units for each day the offence continues.

[25]Section 55Y (as amended by this Act)

Renumber the section as section 55VC and move it to its appropriate location in Division 2 of Part 4C.

[26]Section 55Z

Omit the section. Insert instead:

55ZUse and occupation of adjacent private land with permission

An owner of land may use and occupy adjacent land (other than public land) for the placing, maintaining and removal of temporary coastal protection works, but only if that landowner has obtained a lease, easement, right-of-way or other interest in land from the owner of the adjacent land to use and occupy the adjacent land for that purpose.

[27]Section 55ZC Orders relating to temporary coastal protection works

Insert “on public land” before “or the works are not being maintained” in section 55ZC (1) (d).

[28]Section 55ZC (3) (a) and (d)

Omit the paragraphs.

[29]Section 55ZC (6)

Insert “on public land” after “protection works” where firstly occurring.

[30]Section 55ZC (6), note

Omit the note.

[31]Section 55ZF Failure to comply with order

Omit “under this Part” from section 55ZF (1).

Insert instead “under section 55ZA or 55ZB”.

[32]Section 55ZF (1A)

Insert after section 55ZF (1):

(1A)

A person who does not comply with an order under section 55ZC is guilty of an offence.

Maximum penalty:

• (a)

  in the case of a corporation—2,250 penalty units and 200 penalty units for each day the offence continues, or

• (b)

  in any other case—1,125 penalty units and 100 penalty units for each day the offence continues.

[33]Section 55ZH Successors in title and temporary coastal protection works

Omit section 55ZH (1) and (2). Insert instead:

(1)

If an original owner of private land to whom a certificate under Division 2 of Part 4C has been issued ceases, before placing temporary coastal protection works on public land, to be the owner of the private land, a successor in title is taken for the purposes of this Act to be the original owner. Such a successor in title may place and maintain those authorised temporary coastal protection works on the public land in accordance with that certificate.

Note—

A person who places temporary coastal protection works may be made the subject of an order under this Part—see section 55ZC.

(2)

If an original owner of land, after placing temporary coastal protection works on that land, but before the works are removed and the land restored in accordance with this Act, ceases to be the owner of that land, a successor in title is taken for the purposes of this Act to be the original owner. Such a successor in title may be made the subject of an order under this Part as if the successor in title were the original owner.

[34]Section 55ZH (3)

Omit “in accordance with a certificate under Division 2 of Part 4C”.

Insert instead “in accordance with this Act”.

[35]Section 56B Categorisation of coastal risks to land

Omit the section.

[36]Section 59 Proceedings for offences

Omit “55Y” wherever occurring in section 59 (1) and (2).

Insert instead “55VC”.

[37]Schedule 1 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Coastal Protection Amendment Act 2012

Schedule 2Amendment of Coastal Protection Regulation 2011[1]The whole Regulation

Omit “emergency coastal protection works” wherever occurring.

Insert instead “temporary coastal protection works”.

[2]Clauses 9 and 12

Omit “55Y” wherever occurring. Insert instead “55VC”.

[3]Part 4 Categorisation of coastal risks to land

Omit the Part.

Schedule 3Amendment of other legislationConveyancing (Sale of Land) Regulation 2010

Omit “emergency coastal protection works” from clause 22 of the Schedule.

Insert instead “temporary coastal protection works”.

Environmental Planning and Assessment Regulation 2000[1]Schedule 4 Planning certificates

Omit “emergency coastal protection works” wherever occurring in clause 4A of the Schedule.

Insert instead “temporary coastal protection works”.

[2]Schedule 4, clause 4A (3)

Omit the subclause.

Local Government Act 1993 No 30[1]Section 733 Exemption from liability—flood liable land, land subject to risk of bush fire and land in coastal zone

Omit “emergency coastal protection works authorised by a certificate under Division 2 of Part 4C of the Coastal Protection Act 1979” from section 733 (3) (f6).

Insert instead “temporary coastal protection works”.

[2]Section 733 (8), definition of “coastal management works”

Omit “emergency coastal protection works”.

Insert instead “temporary coastal protection works”.

[3]Dictionary

Omit “emergency coastal protection works” from the definition of coastal protection service.

Insert instead “temporary coastal protection works”.

[4]Dictionary

Omit the definition of emergency coastal protection works.

Insert in appropriate order:

temporary coastal protection works has the same meaning as in the Coastal Protection Act 1979.