Coastal Protection and Management Act 1995 (Qld)

Coastal Protection and Management Act 1995

An Act about the protection and management of the coast, and for related purposes

Chapter 1    Preliminary

Part 1    Introduction

1   Short title

This Act may be cited as the Coastal Protection and Management Act 1995.

2   Commencement

This Act commences on a day to be fixed by proclamation.

Part 2    Objects and achievement of coastal management

3   Main objects of Act

The main objects of this Act are to—

(a)provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; and

(b)have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone; and

(c)ensure decisions about land use and development safeguard life and property from the threat of coastal hazards; and

(d)encourage the enhancement of knowledge of coastal resources and the effect of human activities on the coastal zone.

4   How objects of Act are to be achieved

The objects of this Act are to be achieved by coordinated and integrated planning and decision-making, involving, among other things, the following—

(a)Coastal zone

•Defining the coastal zone, which is the area to which this Act applies.

(b)Coastal plan

•Preparing a coastal plan that—

•identifies coastal resources

•states policies for coastal management

•is developed in consultation with the public

•has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders.

(c)Coastal management districts

•Declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices.

(d)Erosion prone areas

•Declaring erosion prone areas in the coastal zone as areas where particular development requirements are applied.

(e)Use of other legislation

•Using other relevant legislation wherever practicable to achieve the objects of this Act.

(f)Monitoring, reporting and review

•Requiring the chief executive to prepare and publish a report on the state of the coastal zone on a regular basis.

5   Advancing Act’s objects

If, under this Act, a function or power is conferred on an entity, the entity must perform the function or exercise the power in a way that advances the Act’s objects.

Part 3    Interpretation

Division 1 Dictionary

6   Definitions

The dictionary in the schedule defines particular words used in this Act.

Division 2 Other definitions

7   Meaning of access channel

(1)Access channel means an artificial channel constructed in tidal water and connected, or intended to be connected, to a canal.

(2)Without limiting subsection (1), access channel includes—

(a)training walls or other works associated with the channel; and

(b)additions or alterations to the channel, training walls or other works.

8   Meaning of artificial waterway

(1)Artificial waterway means an artificial channel, lake or other body of water.

(2)Without limiting subsection (1), artificial waterway includes—

(a)an access channel; and

(b)an artificial channel that—

(i)is formed because land has been reclaimed from tidal water; and

(ii)is intended to allow boating access to allotments on subdivided land; and

(c)other artificial channels subject to the ebb and flow of the tide; and

(d)any additions or alterations to an artificial waterway.

(3)However, artificial waterway does not include the following—

(a)a swimming pool;

(b)an ornamental pond of no more than 5,000m² in area;

(c)a pond—

(i)for aquaculture; or

(ii)for treating effluent;

(d)a freshwater storage reservoir for domestic water supply;

(e)a water storage facility—

(i)situated on a natural watercourse; and

(ii)used for irrigation or other agricultural purposes;

(f)a part of a river, creek or stream in which water flows in a natural channel, whether artificially improved or not;

(g)a drain for carrying stormwater or other material;

(h)any of the following used for accessing port infrastructure if constructed in the area of a port for which a port authority or port operator is responsible—

(i)a navigation channel;

(ii)a harbour swing basin;

(iii)a berth pocket;

(iv)a berth approach or departure path.

9   Meaning of canal

(1)Canal means an artificial waterway—

(a)connected, or intended to be connected, to tidal water; and

(b)from which boating access to the tidal water is not hindered by a lock, weir or similar structure.

(2)Canal includes a canal surrendered to the State under the Canals Act, section 13(4).

(3)However, canal does not include any part of tidal water containing facilities that are used commercially or by members of a club or association for 1 or more of the following—

(a)boat launching, landing, berthing or storing;

(b)boat repairs of a minor nature;

(c)boat provisioning, fuelling or servicing;

(d)recreation, comfort and convenience of persons who own or use boats.

(4)Also, canal does not include an artificial waterway that intersects, or is connected to, inundated land or leased land if a registered proprietor of the land or lessee of the leased land may restrict or prohibit the use or movement of vessels in water on the land.

(5)In this section—

registered proprietor, of land, means a person recorded in the freehold land register under the Land Title Act 1994 as a proprietor of the land.

10   Meaning of coast

The coast means all areas within or neighbouring the foreshore.

11   Meaning of coastal management

Coastal management includes—

(a)the protection, conservation, rehabilitation and management of the coastal zone and coastal resources; and

(b)the ecologically sustainable development of the coastal zone.

12   Meaning of coastal resources

Coastal resources means the natural and cultural resources of the coastal zone.

13   Meaning of coastal waters

Coastal waters means Queensland waters to the limit of the highest astronomical tide.

14   Meaning of coastal wetlands

Coastal wetlands include tidal wetlands, estuaries, salt marshes, melaleuca swamps (and any other coastal swamps), mangrove areas, marshes, lakes or minor coastal streams regardless of whether they are of a saline, freshwater or brackish nature.

15   Meaning of coastal zone

The coastal zone means the part of the State comprising the following—

(a)Queensland waters and land within the area shown as the coastal zone on the coastal zone map;

(b)the airspace above the surface of the area mentioned in paragraph (a);

(c)the subsoil below the surface of the area mentioned in paragraph (a).

16   Meaning of ecologically sustainable development

Ecologically sustainable development has the meaning given by the National Strategy for Ecologically Sustainable Development.

17   Meaning of State coastal land

(1)State coastal land means land in a coastal management district other than land that is—

(a)freehold land, or land contracted to be granted in fee simple by the State; or

(b)a State forest or timber reserve under the Forestry Act 1959; or

(c)in a watercourse or lake as defined under the Water Act 2000; or

(d)subject to a lease or licence issued by the State.

(2)In this section—

licence includes a permit or other authority issued under any Act relating to mining, but does not include a permit issued under the Land Act 1994, section 177(1).

Division 3 General

18   Aboriginal people and Torres Strait Islanders particularly concerned with land

Aboriginal people and Torres Strait Islanders are particularly concerned with land if—

(a)they are members of a group that has a particular connection with land under Aboriginal tradition or Island custom; or

(b)they live on or use the land or neighbouring land.

Part 3A    Coastal zone map

18A   What is the coastal zone map

(1)The coastal zone map is a map certified by the chief executive showing the coastal zone.

(2)The coastal zone may include only—

(a)coastal waters; and

(b)land and Queensland waters landward of coastal waters and seaward of the coastal zone inner limit.

(3)For subsection (2), the coastal zone inner limit is, subject to subsection (4), the imaginary line every point of which represents the most landward of the following points—

(a)the point that is 5km landward of the high-water mark;

(b)the point nearest the high-water mark where land reaches the height of 10m Australian Height Datum.

(4)If the imaginary line mentioned in subsection (3) intersects a lot, the line may follow either the seaward or landward boundary of the lot instead of following the imaginary line.

18B   Amending the coastal zone map

The chief executive may amend a coastal zone map (the old map) by—

(a)replacing the map; and

(b)certifying a coastal zone map that replaces the old map.

18C   When coastal zone map takes effect

(1)The coastal zone map, or a map replacing a coastal zone map, does not take effect until a regulation approves the map.

(2)The regulation must state the day on which the map was certified by the chief executive.

(3)A reference to a coastal zone map is taken to include any replacement under subsection (1) that has taken effect.

18D   Public inspection and purchase of coastal zone map

(1)The chief executive must keep the coastal zone map available for inspection by the public during office hours on business days at—

(a)the head office and each regional office of the department; and

(b)at other places the chief executive considers appropriate.

(2)On payment of a fee decided by the chief executive, a person may buy a copy of the coastal zone map.

(3)The fee for a copy of the coastal zone map must not be more than the reasonable cost of publishing the map.

(4)The chief executive must publish the digital electronic form of the coastal zone map on the department’s website.

Part 4    Application of Act

19   Act binds all persons

This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.

Chapter 2    Coastal management

Part 1    Coastal plan

Division 1 Requirement for coastal plan

20   Coastal plan must be prepared

The Minister must prepare a coastal plan for the coastal zone.

21   Content of coastal plan

(1)The coastal plan must describe how the coastal zone is to be managed.

(2)In preparing the coastal plan, the Minister must consider—

(a)public access to the foreshore; and

(b)the effect of climate change on coastal management.

(3)The coastal plan may include either or both of the following—

(a)a map or series of maps showing coastal resource information;

(b)requirements about coastal resources or land management in the coastal zone.

22   Process for making, amending or replacing coastal plan

(1)The process stated in divisions 2 and 3 must be followed for making, amending or replacing the coastal plan.

(2)A regulation may state an additional requirement to be followed for making, amending or replacing the coastal plan.

(3)If a regulation under subsection (2) states an additional requirement, the requirement must be complied with.

23   Compliance with divs 2 and 3 and regulation under s 22(2)

Despite divisions 2 and 3 and any regulation made under section 22(2), if a coastal plan is made, amended or replaced in substantial compliance with the process stated in the divisions and regulation, the coastal plan, amendment or replacement is valid so long as any noncompliance has not—

(a)adversely affected the awareness of the public of the existence and nature of the proposed coastal plan, amendment or replacement; or

(b)restricted the opportunity of the public to make properly made submissions about the proposed coastal plan, amendment or replacement under the process stated in the divisions and regulation.

Division 2 Making coastal plan

24   Preparation of draft coastal plan

Before making the coastal plan, the Minister must prepare a draft of the plan.

25   Notice about draft coastal plan

(1)The Minister must publish a notice about a draft coastal plan prepared under section 24 in—

(a)the gazette; and

(b)a newspaper circulating generally in Queensland.

(2)The notice must state the following—

(a)that the draft plan is available for inspection and purchase;

(b)where copies of the draft plan may be inspected and purchased, including, for example, the department’s website;

(c)a contact telephone number for information about the draft plan;

(d)that written submissions about any aspect of the draft plan may be given by any person to the Minister;

(e)the period (the consultation period) during which the submissions may be made;

(f)the requirements for a properly made submission.

(3)The consultation period must be at least 40 business days after the day the notice is gazetted.

(4)The Minister must give a copy of the notice and draft plan to—

(a)each local government, port authority and port operator within the area covered by the draft plan; and

(b)any other group or person the Minister considers appropriate.

(5)A local government, port authority or port operator receiving a copy of the draft plan must make the copy available for inspection by the public.

26   Keeping draft coastal plan available for inspection

(1)For the duration of the consultation period, the Minister must—

(a)keep the draft coastal plan available for inspection by members of the public during office hours on business days at—

(i)the head office and each regional office of the department; and

(ii)other places the chief executive considers appropriate; and

(b)publish a copy of the draft plan on the department’s website.

(2)On payment of a fee decided by the chief executive, a person may buy a copy of the draft plan.

(3)The fee for a copy of the draft plan must not be more than the reasonable cost of publishing the copy.

27   Making coastal plan

(1)The Minister must consider each properly made submission about the draft coastal plan.

(2)After considering each submission, the Minister may—

(a)make the coastal plan as provided for in the draft plan; or

(b)make the coastal plan as provided for in the draft plan with amendments the Minister considers appropriate.

28   Notice about making coastal plan

(1)After the coastal plan is made, the Minister must publish a notice about its making in the gazette and in a newspaper circulating generally in the State.

(2)The notice must state—

(a)the day the plan was made; and

(b)where a copy of the plan may be inspected or purchased.

(3)The Minister must give a copy of the plan to—

(a)each local government, port authority and port operator within the area covered by the plan; and

(b)any other group or person the Minister considers appropriate.

Division 3 Amending or replacing coastal plan

29   Administrative amendments

(1)The Minister may make an administrative amendment of the coastal plan.

(2)After the coastal plan is amended under subsection (1), the Minister must publish a notice about the amendment—

(a)in the gazette; and

(b)in a newspaper circulating generally—

(i)if the amendment has effect throughout the State or is made for the whole of the State—in the State; or

(ii)if the amendment has effect only in a part of the State—in that part.

(3)The notice must state—

(a)the day the amendment was made; and

(b)where a copy of the coastal plan, as amended, may be inspected or purchased.

(4)Division 2 does not apply to the making of an amendment under this section.

30   Other amendments

(1)The Minister may make an amendment, other than an administrative amendment, of the coastal plan only if the process under division 2 for making the coastal plan has been followed subject to subsections (2) and (3).

(2)For subsection (1), division 2 applies—

(a)as if a reference in the division to the coastal plan were a reference to an amendment of the coastal plan; and

(b)as if a reference in the division to a draft coastal plan were a reference to a draft amendment of the coastal plan; and

(c)as if the reference in section 25(3) to 40 business days were a reference to 20 business days; and

(d)with other necessary changes.

(3)When acting under division 2, the Minister also may decide not to proceed with the amendment of the coastal plan.

31   Replacement of coastal plan

The Minister may, by following the process under division 2 for making a coastal plan, replace the existing coastal plan with a new plan.

Division 4 When coastal plan or amendment has effect

32   When coastal plan or amendment has effect

(1)The coastal plan or an amendment of the coastal plan takes effect on—

(a)the day the notice about the making of the plan or amendment is gazetted under section 28 or 29; or

(b)if a later day for the commencement of the plan or amendment is stated in the notice, plan or amendment—the later day.

(2)If the coastal plan states that it replaces the existing coastal plan, it replaces the existing plan on and from the day the replacement plan takes effect under subsection (1).

33   Duration of coastal plan

(1)The coastal plan ceases to have effect on—

(a)the day the coastal plan is replaced under division 3; or

(b)otherwise—the day that is 10 years after the day the coastal plan had effect.

(2)Despite subsection (1)(b), if a day for the ending of the coastal plan is prescribed under a regulation made before the period mentioned in subsection (1)(b) ends, the coastal plan ends on the prescribed day.

(3)The prescribed day must not be more than 12 years after the day the coastal plan had effect.

Division 5 Miscellaneous

34   Implementation of coastal plan

(1)The chief executive must implement the coastal plan.

(2)However, the chief executive may arrange for a department, local government, port authority, port operator or statutory authority (a relevant entity) to carry out particular activities necessary to implement the coastal plan.

(3)Without limiting subsection (2), the chief executive may—

(a)ask a relevant entity responsible for managing land in the coastal zone to manage the land in a way that is consistent with coastal management; and

(b)ask a relevant entity to carry out an activity in the coastal zone involving—

(i)the construction or maintenance of works; or

(ii)the extraction of material; or

(ii)the disposal of extracted material.

35   Effect of coastal plan

The coastal plan is a statutory instrument under the Statutory Instruments Act 1992.

36   Public inspection and purchase of coastal plan or draft coastal plan

(1)After the coastal plan is made, the chief executive must publish a copy of the coastal plan on the department’s website.

(2)Also, the chief executive must keep the coastal plan, and the draft of the coastal plan prepared under section 24, available for inspection by the public during office hours on business days at—

(a)the head office and each regional office of the department; and

(b)other places the chief executive considers appropriate.

(3)On payment of a fee decided by the chief executive, a person may buy a copy of the coastal plan or draft coastal plan.

(4)The fee for a copy of the coastal plan or draft coastal plan must not be more than the reasonable cost of publishing the copy.

Part 2    [Repealed]

37   [Repealed]

38   [Repealed]

39   [Repealed]

40   [Repealed]

41   [Repealed]

42   [Repealed]

43   [Repealed]

44   [Repealed]

45   [Repealed]

46   [Repealed]

47   [Repealed]

48   [Repealed]

49   [Repealed]

50   [Repealed]

51   [Repealed]

52   [Repealed]

53   [Repealed]

Part 3    Coastal management districts

Division 1 Declaration, amendment, amalgamation and abolition of coastal management districts

54   Declaration of coastal management districts

(1)An area within the coastal zone may, under a regulation, be declared as a coastal management district if the Minister considers the area requires protection or management.

(2)In addition, the Minister may, by written notice, declare an area to be a coastal management district, or part of an existing coastal management district, only if the Minister considers the area requires immediate protection or management.

(3)The notice is subordinate legislation and, unless it is earlier repealed, expires 6 months after it commences.

(5)A coastal management district may be assigned a name or number, or both.

(6)The chief executive must give public notice of the declaration of a coastal management district.

(7)The notice must be published in a newspaper circulating generally throughout the control district.

55   [Repealed]

56   Things to be considered when declaring coastal management districts

The following things must be considered before an area is declared as a coastal management district—

(a)the area’s vulnerability to erosion by the sea or to wind induced effects;

(b)whether the area should be kept in an undeveloped state to maintain or enhance the coast or coastal resources;

(c)public access to a foreshore in the area;

(d)foreseeable human impacts and coastal hazards in the area;

(e)the existing tenure of, interests in, and rights to, land in the area;

(f)Aboriginal tradition and Island custom of Aboriginal and Torres Strait Islander people particularly concerned with land in the area;

(g)planning and development management of the area;

(h)the need to conserve, protect or rehabilitate coastal ecological systems or geomorphic features of the area.

57   Notice declaring, changing or abolishing coastal management district

(1)Before a regulation, under section 54(1), is made declaring, changing the boundaries of or abolishing a coastal management district, the chief executive must give public notice of the proposed declaration, change or abolition (the proposal).

(2)The notice must—

(a)be published in a newspaper circulating generally throughout the coastal management district; and

(b)state where copies of the plan showing the proposal may be inspected and, on payment of a reasonable fee, purchased; and

(c)invite written submissions from the public; and

(d)state a day (not earlier than 40 business days from the publication of the notice) by which submissions may be made and the place where the submissions may be made.

(3)The chief executive must send details of the proposal to each local government, port authority and port operator within the area covered by the district.

(4)The Minister must consider all submissions properly made about the proposal.

(5)If, when making a submission, a person asks the Minister for a response on the submission, the Minister must advise the person in writing—

(a)whether the submission was accepted or rejected and, if it was rejected, the reasons for the rejection; and

(b)if the person is an owner of land in the coastal management district—the reason why the land was included in the district; and

(c)if a coastal building line is fixed for the land—the reason for fixing the line.

58   Amendment, amalgamation and abolition of coastal management districts

(1)This section applies to a coastal management district declared under a regulation made under section 54(1).

(2)A regulation may—

(a)change the boundaries of the district; or

(b)amalgamate the district with 1 or more other districts; or

(c)abolish the district.

58A   Amendment of coastal management districts in s 169

(1)This section applies to an area that became a coastal management district under section 169, to the extent the area has not been later declared a coastal management district under section 54.

(2)Subsection (3) applies if—

(a)a coastal engineering assessment of an erosion prone area is prepared for a location; and

(b)the chief executive agrees with the assessment; and

(c)the chief executive amends the erosion prone area under section 71; and

(d)when the assessment is made, the width of the erosion prone area at the location is the same as the width of the coastal management district at the location.

(3)The width of the coastal management district at the location is amended to be the same as the width of the amended erosion prone area at the location.

(4)To remove any doubt, it is declared that public notice of the amendment of the coastal management district under this section is not required.

Division 2 Coastal protection and tidal works notices

59   Coastal protection notices

(1)This section applies only to activity in a coastal management district.

(2)The chief executive may give a notice (a coastal protection notice) to a person directing the person, within the reasonable time stated in the notice—

(a)to take the reasonable action stated in the notice to protect land; or

(b)to stop, or not start, an activity stated in the notice, if the chief executive is satisfied the activity is causing, or is likely to cause—

(i)an adverse effect on coastal resources; or

(ii)wind erosion.

(3)If the name of the person who started or is about to start the activity is not known, the notice may be given—

(a)in a newspaper circulating generally throughout the district; or

(b)if the notice is about activity over land—by displaying it in a prominent position on the land.

(4)Without limiting subsection (2), the notice may require the person—

(a)to build or maintain works; or

(b)to plant, cultivate or preserve, or not damage, vegetation native to the coastal management district; or

(c)not to alter the geographical features of land; or

(d)to do anything else necessary to protect land from wind erosion; or

(e)to restore land; or

(f)to remove stock from land.

(5)The notice must state that the person may appeal against the decision to give the notice within the period stated in the notice.

Editor’s note—

Appeals are dealt with in chapter 5.

(6)The person must comply with the notice.

Maximum penalty for subsection (6)—3,000 penalty units.

60   Tidal works notices

(1)Subsection (2) applies if, in the chief executive’s opinion, tidal works (the relevant works) need repair, are abandoned or should be removed to—

(a)protect public safety; or

(b)prevent adverse effects on coastal resources.

(2)The chief executive may give a notice (a tidal works notice) to the person responsible for the relevant works.

(3)Subsection (4) applies if, in the chief executive’s opinion, a structure mentioned in section 124(1) or (3) needs repair, is abandoned or should be removed to—

(a)protect public safety; or

(b)prevent adverse effects on coastal resources.

(4)The chief executive may give a notice (also a tidal works notice) to a person who must ensure the structure is maintained in a safe condition under section 124(2) or (4).

(5)If the name of the person is not known, the notice may be given—

(a)in a newspaper circulating generally throughout the coastal management district; or

(b)by displaying it in a prominent position on the land.

(6)The notice may direct the person within the reasonable time stated in the notice to take stated reasonable action to—

(a)repair the relevant works or structure to the chief executive’s reasonable satisfaction; or

(b)remove the relevant works or structure, and restore the site, as nearly as practicable, to its former condition.

(7)The notice must state that the person may appeal against the decision to give the notice within the period stated in the notice.

(8)The person must comply with the notice.

Maximum penalty for subsection (8)—3,000 penalty units.

61   Chief executive may take required action

(1)If a person fails to comply with a coastal protection or tidal works notice requiring particular action to be taken (the required action), the chief executive may take the required action.

(2)For subsection (1), the chief executive, or a person authorised by the chief executive, may, without any further authority apart from this subsection—

(a)enter and re-enter land at all reasonable times; and

(b)remain on the land for the time that is necessary and reasonable; and

(c)take onto, and keep on, the land the vehicles, materials, equipment and other things that are necessary and reasonable.

(3)The chief executive may recover, as a debt, from the person to whom the notice is directed, the costs and expenses reasonably incurred in taking the required action.

62   Forfeiture of property

(1)This section applies if a coastal protection or tidal works notice is given to a person in relation to property that belongs to the person and is on unallocated State land.

(2)If the person does not comply with the notice, or appeals against the giving of the notice, then—

(a)if an appeal is not made against the giving of the notice within the period stated in the notice—the property is forfeited to the State at the end of the stated period; or

(b)if an appeal is made but is dismissed—the property is forfeited to the State when the final decision on the appeal is made.

63   Record of coastal protection or tidal works notice in land registry

(1)This section applies if a coastal protection or tidal works notice is given in relation to land other than unallocated State land.

(2)As soon as practicable after giving the notice, the chief executive must give written notice to the registrar of titles of the giving of the notice.

(3)The registrar must keep records that show the notice has been given.

(4)The registrar must keep the records in a way that a search of the register kept by the registrar under any Act relating to title to the land will show the notice has been given.

(5)As soon as practicable after the notice has been complied with, the chief executive must give written notice to the registrar of compliance with the notice.

(6)As soon as practicable after receiving the notice of compliance, the registrar must remove the particulars of the notice from the registrar’s records.

64   Owner of land and builder jointly liable

(1)If a coastal protection or tidal works notice is served on both the owner of land and the person responsible for works on the land or for the maintenance of them, they are jointly and severally bound by the requirements of the notice.

(2)In this section—

owner of land includes the occupier of the land.

65   Notice binding on purchaser

(1)This section applies if land or works subject to an undischarged coastal protection or tidal works notice are sold.

(2)The seller must give the buyer written advice of the undischarged notice not less than 14 days before settlement of the sale.

(3)However, if settlement of the sale is made less than 14 days after the agreement to sell is made, the seller must give the buyer written advice of the undischarged notice on the day the agreement is made.

Maximum penalty for subsections (2) and (3)—150 penalty units.

(4)If the seller complies with subsection (2) or (3), the buyer is bound by the undischarged notice as if it had been given to the buyer.

(5)If the seller does not comply with subsection (2) or (3), the agreement is of no effect unless the buyer—

(a)by written advice given to the seller before settlement, states the intention to settle despite the non-compliance; or

(b)by written advice given to the seller within 30 days after settlement, affirms the sale despite the non-compliance.

Division 3 General provisions about coastal management districts

66   Coastal building line

(1)For assessing, under the Planning Act, building work that is assessable development, a regulation, or notice that declares a coastal management district, may fix a coastal building line for a coastal management district.

(2)However, a notice may fix a coastal building line only for the coastal management district declared under the notice.

67   Placing signs on unallocated State land

(1)The chief executive may place a sign on unallocated State land, within or on the boundary of a coastal management district, indicating—

(a)particulars of the district; or

(b)anything prohibited or authorised in the district.

(2)A person must not, without lawful authority, destroy, pull down, erase, remove, deface or otherwise damage or interfere with the sign.

Maximum penalty—100 penalty units.

68   Temporary occupation of land

(1)The chief executive may, to implement the coastal plan, temporarily occupy and use land in a coastal management district for the purpose of building, maintaining or repairing works, and may—

(a)take from it stone, gravel, sand, earth, and other material; and

(b)deposit materials on it; and

(c)form and use temporary works on it, including, for example, roads; and

(d)build structures of a temporary nature on it.

(2)Before occupying land under this section, the chief executive must give the occupier and the owner of the land not less than 7 days written notice of the intention to occupy.

(3)However, subsection (2) does not apply in urgent circumstances.

(4)The notice must state the use proposed to be made of the land and the approximate period during which the use is expected to continue.

(5)The owner of the land or any other person having an interest in the land may, at any time during the occupation or within 3 months after the occupation, give written notice to the chief executive claiming compensation.

(6)If the land is not resumed, the owner of the land and all persons having an interest in it may recover compensation for the occupation and use.

(7)The total compensation payable under this section in relation to land may not be more than the compensation that would have been payable had the land been resumed.

(8)Compensation is not payable under this section for anything done under this section, if the right or authority to do the thing is given under another Act, or a State grant, or other instrument, even though conditions imposed under the Act, grant, or instrument for doing the thing have not been performed.

(9)The amount of the compensation payable is the amount agreed between the claimant and chief executive or, failing agreement, decided by the Planning and Environment Court.

Division 4 Offence about damaging vegetation on State coastal land

69   Damaging or removing vegetation, or damaging coastal dunes

(1)A person must not damage or remove vegetation on, or damage a dune forming part of, State coastal land above the high-water mark without—

(a)the written approval of the entity responsible for the management and control of the land; or

(b)other lawful authority, justification or excuse.

Maximum penalty—400 penalty units.

(2)In this section—

damage, to vegetation or a dune, does not include minor damage to the vegetation or dune that happens in the course of the ordinary use of the land on which the vegetation is situated or of which the dune forms a part.

Part 4    Erosion prone areas

70   Declaration of erosion prone areas

(1)The chief executive may declare an area within the coastal zone to be an erosion prone area if satisfied the area may be subject to erosion or tidal inundation.

(2)If the chief executive declares an area under subsection (1), the chief executive must—

(a)ensure the erosion prone area is shown on a document describing the area; and

(b)keep the document available for inspection by members of the public at the department’s head office; and

(c)give a copy of the document to each local government in whose area the erosion prone area or a part of the erosion prone area is situated.

Examples of a document describing the area—

a map or plan

71   Amending erosion prone areas

(1)The chief executive may amend the area of an erosion prone area.

(2)If the chief executive amends the area, the chief executive must—

(a)record the amendment on the document mentioned in section 70(2)(b) on which the erosion prone area is shown; and

(b)give a copy of the amended document to each local government in whose area the erosion prone area or a part of the erosion prone area is situated; and

(c)advise each owner of land affected by the amendment how the erosion prone area has been amended.

72   Local governments to keep copies of documents

The local government must keep available for inspection by members of the public any document given to it under section 70(2)(c) or 71(2)(b) at its head office.

Part 5    Quarry materials

Division 1 Allocation of quarry materials

Subdivision 1 Obtaining allocations

73   Applications for allocation of quarry material

(1)A person may apply to the chief executive for an allocation of quarry material in tidal water.

(2)The application must be—

(a)in the approved form; and

(b)accompanied by the fee prescribed under a regulation.

74   Additional information for applications

(1)The chief executive may, by written notice, ask the applicant to give the chief executive further information or documents about the application by the reasonable date stated in the notice.

(2)Without limiting subsection (1), the chief executive may ask the applicant to give the chief executive information or documents about the potential impact the removal of the quarry material may have on coastal management.

(3)If the applicant does not give the chief executive the further information or documents by the stated day, the application lapses.

75   Criteria for deciding applications

(1)In deciding whether to grant the allocation or refuse the application, or what should be the conditions of the allocation, the chief executive must consider—

(a)the coastal plan; and

(b)the impact the removal of the quarry material, including the proposed method of extraction, or the placement of spoil may have on coastal management including the following—

(i)the supply of sediments to estuaries and the sea;

(ii)the physical integrity of the land, including stability of beds and banks of watercourses;

(iii)the quarry material available on the land and any existing allocations for the land;

(iv)the ecologically sustainable development of the land and watercourses on the land; and

(c)if the chief executive is satisfied the removal of the quarry material or the placement of spoil may impact on waters mentioned in the Environmental Protection (Water) Policy 1997, schedule 1, column 1—the impact the removal or placement may have on the environmental values and water quality objectives stated in a document mentioned in column 2 of that schedule for the waters; and

(d)the impact the removal of the quarry material or placement of spoil may have on the management of—

(i)fish habitats under the Fisheries Act 1994; or

(ii)marine parks under the Marine Parks Act 2004; or

(iii)protected areas under the Nature Conservation Act 1992.

(2)Also, in deciding an application that involves placement of quarry material in a coastal management district, the chief executive must consider—

(a)the nature of the material including contaminants in the material; and

(b)the characteristics of the material’s receiving environment.

(3)Subsections (1) and (2) do not stop the chief executive from considering other matters relevant to the application, including, for example—

(a)fair and equitable access to, and the need to ensure the economic use of, State resources; and

(b)economic and social implications of a decision to grant or refuse the application; and

(c)the views of a local government about the removal of the quarry material or placement of spoil; and

(d)the views of a harbour master about the effect the removal or placement may have on marine safety in tidal water; and

(e)if the removal or placement happens on land within the limits of a port—the views of the port authority or port operator for the land about the removal or placement.

(4)In this section—

coastal management does not include coastal management in relation to Aboriginal cultural heritage or Torres Strait Islander cultural heritage.

76   Deciding applications

(1)If the chief executive is satisfied the application should be approved, the chief executive must grant the application.

(2)If the chief executive is not satisfied the application should be approved, the chief executive must refuse the application.

(3)Within 30 business days after deciding the application, the chief executive must give the applicant—

(a)notice of the decision; and

(b)if the chief executive grants the application—a notice (an allocation notice) in the approved form.

(4)The allocation notice—

(a)has effect from the day stated in the notice; and

(b)remains in force, unless sooner cancelled or suspended, for the period of not more than 6 years decided by the chief executive.

77   Selling allocation of quarry material by auction or tender

(1)The chief executive may sell by auction or tender an allocation of quarry material in tidal water.

(2)In selling the allocation, the chief executive must consider—

(a)the impact the removal of the quarry material or placement of spoil may have on coastal management; and

(b)the matters mentioned in section 75.

(3)If the chief executive sells an allocation, the chief executive must give the buyer an allocation notice under section 76(3).

(4)Sections 78 to 80 apply to the allocation.

Subdivision 2 Content and conditions of allocation notices

78   Content of allocation notices

Without limiting what may be included in an allocation notice, the notice must state—

(a)the quantity of quarry material that may be removed under the allocation; and

(b)the area to which the allocation relates; and

(c)the rate of royalty, or the price, payable for removal of the quarry material.

79   Conditions of allocation notice

The chief executive may impose conditions on the allocation notice the chief executive considers necessary or desirable for coastal management, including, for example, conditions about—

(a)the maximum rate at which the quarry material may be removed; and

(b)monitoring the impact of the removal of the quarry material or placement of spoil on coastal management; and

(c)the nature and extent of surveys to be carried out in relation to the removal of the quarry material or placement of spoil; and

(d)when the royalty, or price payable, for the removal of the quarry material must be paid; and

(e)giving the chief executive information about the rate at which the quarry material is removed during stated intervals.

80   Allocation holder to give information

(1)This section applies to an allocation holder from the day the holder first removes quarry material under the allocation.

(2)The holder must—

(a)if the allocation notice states a condition about the time within which, and the period for which, the holder must give written notice to the chief executive about the quantity of quarry material removed by the holder under the allocation in the period—give the chief executive a written notice in compliance with the condition; or

(b)otherwise—within 20 business days after the end of a quarter, give the chief executive a written notice stating the quantity of quarry material removed by the holder under the allocation in the quarter.

Maximum penalty—50 penalty units.

(3)In this section—

quarter means a 3-month period ending on 31 March, 30 June, 30 September or 31 December.

Subdivision 3 [Repealed]

81   [Repealed]

Subdivision 4 Transferring or renewing allocations

82   Application to transfer allocation

(1)The allocation notice holder may apply to the chief executive to transfer all or part of the allocation to another person.

(2)The application must be—

(a)in the approved form; and

(b)supported by sufficient information to enable the chief executive to decide the application, including, for example, the consent of the transferee to the transfer; and

(c)accompanied by the fee prescribed under a regulation.

(3)The chief executive may, by written notice, ask the applicant to give the chief executive further information or documents about the application by the reasonable date stated in the notice.

(4)If the applicant does not give the chief executive the further information or documents by the stated day, the application lapses.

82A   Deciding application to transfer allocation

(1)The chief executive must decide an application to transfer an allocation made under section 82 within 30 days after—

(a)if further information or documents are requested under section 82(3)—receiving the further information or documents; or

(b)otherwise—receiving the application.

(2)The chief executive must decide to—

(a)approve the transfer as applied for, with or without conditions; or

(b)approve the transfer, as varied by the chief executive, with or without conditions; or

(c)refuse to approve the transfer.

(3)In making a decision under subsection (2), the chief executive must consider—

(a)the impact the transfer may have on coastal management; and

(b)the matters mentioned in section 75.

(4)Within 30 business days after deciding the application, the chief executive must—

(a)give the applicant and the proposed transferee written notice of the decision; and

(b)if the transfer is approved—

(i)give the transferee a new allocation in accordance with the approval; and

(ii)if the transfer is of only a part of an allocation—give the applicant an amended allocation notice for the part not transferred.

(5)A transfer of an allocation has effect from the day written notice of the approval of the transfer is given under subsection (4).

(6)In this section—

coastal management does not include coastal management in relation to Aboriginal cultural heritage or Torres Strait Islander cultural heritage.

83   Application to renew allocation

(1)The allocation notice holder may apply to the chief executive to renew the allocation notice.

(2)The application must be—

(a)in the approved form; and

(b)accompanied by the fee prescribed under a regulation.

(3)The chief executive may, by written notice, ask the applicant to give the chief executive further information or documents about the application by the reasonable date stated in the notice.

(4)If the applicant does not give the chief executive the further information or documents by the stated day, the application lapses.

83A   Deciding application to renew allocation

(1)The chief executive must decide an application to renew an allocation notice made under section 83 within 30 days after receiving—

(a)if further information or documents are requested under section 83(3)—the further information or documents; or

(b)otherwise—the application.

(2)The chief executive must decide to—

(a)approve the renewal as applied for, with or without conditions; or

(b)approve the renewal, as varied by the chief executive, with or without conditions; or

(c)refuse to grant the application.

(3)In making a decision under subsection (2), the chief executive must consider—

(a)the impact the renewal may have on coastal management; and

(b)the matters mentioned in section 75.

(4)Within 30 business days after deciding the application, the chief executive must give the applicant—

(a)a written notice stating—

(i)the decision; and

(ii)if the chief executive approves the renewal as varied or with conditions, or refuses to grant the application—the reasons for the decision; and

(b)if the renewal is approved—a new allocation notice in accordance with the approval.

(5)This division applies, with all necessary changes, to the application as if it were an application for an allocation.

(6)In this section—

coastal management does not include coastal management in relation to Aboriginal cultural heritage or Torres Strait Islander cultural heritage.

Subdivision 5 Amending, suspending or cancelling allocation notices

84   Amendment—grounds

(1)The chief executive may amend an allocation notice, including, for example, by adding a further condition to the notice—

(a)with the written agreement of the holder of the notice; or

(b)if the chief executive is satisfied, or reasonably believes, the amendment is necessary or desirable for coastal management.

(2)Without limiting subsection (1), if an allocation notice holder removes quarry material at a rate less than 50% of the maximum rate stated in the notice, the chief executive may amend—

(a)the total quantity of material permitted to be removed under the notice; or

(b)the maximum rate.

(3)However, an amendment under subsection (1) must not increase the period for which the notice has effect.

85   Suspension or cancellation—grounds

The chief executive may suspend or cancel an allocation notice if the chief executive is satisfied, or reasonably believes—

(a)the allocation notice was granted in error or because of a materially false or fraudulent document, statement or representation; or

(b)the allocation notice holder—

(i)has committed, or is committing, an offence against this Act or another Act relating to protection of the environment; or

(ii)has not complied with a condition of the allocation notice; or

(iii)has not, within 1 year after the day the notice was issued, applied for or obtained—

(A)if the holder must have a development permit for the removal of the quarry material—a development permit; or

(B)if the removal of the quarry material is an environmentally relevant activity—an environmental authority; or

(c)the suspension or cancellation is necessary or desirable for coastal management.

86   Amendment, suspension or cancellation—procedure

(1)Before amending, suspending or cancelling an allocation notice, the chief executive must give the allocation notice holder a written notice inviting the holder to show why the allocation notice should not be amended, suspended or cancelled (the proposed action).

(2)The notice must state each of the following—

(a)the proposed action;

(b)the grounds for the proposed action;

(c)the facts and circumstances forming the basis for the grounds;

(d)if the proposed action is to amend the allocation notice—the proposed amendment;

(e)if the proposed action is suspension of the allocation notice—the proposed suspension period;

(f)that representations may be made about the notice;

(g)how the representations may be made;

(h)where the representations may be made or sent;

(i)a period within which the representations must be made.

(3)The stated period must end at least 10 business days after the notice is given.

(4)If, after considering all representations made within the stated period, the chief executive still considers the proposed action should be taken, the chief executive may—

(a)if the proposed action is to amend the allocation notice—amend the allocation notice; and

(b)if the proposed action is to suspend the allocation notice—suspend the allocation notice for no longer than the proposed suspension period; and

(c)if the proposed action is to cancel the allocation notice—cancel the allocation notice or suspend it for a period.

(5)This section does not apply if the allocation is amended under section 84(1)(a).

87   Notice and effect of amendment, suspension or cancellation of allocations

(1)If the chief executive amends, suspends or cancels an allocation notice, written notice and particulars of the amendment, suspension or cancellation must be given to the allocation holder.

(2)The notice must state the decision and the reasons for it.

(3)An amendment takes effect from the day the notice is given.

(4)If the chief executive suspends the allocation notice, it is ineffective during the period of suspension.

(5)The suspension—

(a)may be for the period the chief executive decides; and

(b)has effect from—

(i)the day the notice is given; or

(ii)if a later day is stated in the notice—the stated day.

(6)If the chief executive cancels the allocation notice, it ceases to have effect from—

(a)the day the notice is given; or

(b)if a later day is stated in the notice—the stated day.

(7)The amendment, suspension or cancellation does not give the holder a right to compensation for any loss or damage arising from the amendment, suspension or cancellation.

Subdivision 6 Surrender of allocation

88   Surrender

The holder of an allocation notice may surrender the holder’s allocation by giving the chief executive—

(a)written notice of the surrender; and

(b)the allocation notice.

Division 2 [Repealed]

Subdivision 1 [Repealed]

89   [Repealed]

90   [Repealed]

Subdivision 2 [Repealed]

91   [Repealed]

92   [Repealed]

93   [Repealed]

94   [Repealed]

95   [Repealed]

96   [Repealed]

Subdivision 3 [Repealed]

97   [Repealed]

98   [Repealed]

99   [Repealed]

100   [Repealed]

Division 2 [Repealed]

100A   [Repealed]

100B   [Repealed]

Division 3 Offences

101   Removing quarry material

(1)A person must not, without reasonable excuse, remove quarry material from tidal water unless the person is the holder of an allocation notice for the material.

Maximum penalty—1,665 penalty units.

(2)A person must not, without reasonable excuse, contravene a condition of an allocation notice.

Maximum penalty—1,665 penalty units.

(3)On a conviction for an offence under subsection (1), the court in addition to imposing a penalty may order the offender pay to the chief executive royalty at the rate prescribed under a regulation for section 102(1) for the quarry material removed in contravention of subsection (1).

(4)Subsection (1) does not apply to a person who removes quarry material—

(a)because of an emergency endangering the life or health of a person or involving a serious threat to the environment; or

(b)while fossicking under a licence under the Fossicking Act 1994 if the person does not remove more than 1m³ of quarry material in a year.

(5)In this section—

remove includes collect.

Division 4 General

102   Royalty or price for quarry material

(1)For quarry material removed under an allocation notice, royalty at the rate prescribed under a regulation or the price set for the sale is payable to the State as prescribed under the regulation or the sale.

(2)The royalty, or the price payable and not paid, is a debt due to the State.

Part 6    Land surrender and artificial waterways

Division 1 [Repealed]

103   [Repealed]

Division 2 [Repealed]

104   [Repealed]

104A   [Repealed]

104B   [Repealed]

105   [Repealed]

106   [Repealed]

107   [Repealed]

108   [Repealed]

Division 3 Land surrender

Subdivision 1 Preliminary

109   Definitions for division

In this division—

change application—

(a)means a change application under the Planning Act; but

(b)does not include a change application for a minor change to a development approval, as defined in the Planning Act.

relevant application means—

(a)a development application for a development approval for reconfiguring a lot that is completely or partly within a coastal management district; or

(b)a change application to change a development approval that already approves reconfiguring a lot that is completely or partly within a coastal management district; or

(c)a change application to change a development approval—

(i)to approve reconfiguring a lot that is completely or partly within a coastal management district; and

(ii)that does not already approve reconfiguring a lot that is completely or partly within a coastal management district.

Subdivision 2 Land surrender requirements

110   Application of subdivision

This subdivision applies if—

(a)a person makes a relevant application; and

(b)the lot to be reconfigured includes land (the prescribed land) that is—

(i)in a coastal management district; and

(ii)in an erosion prone area or within 40m of the foreshore; and

(c)the planning chief executive is—

(i)if the relevant application is a development application—the assessment manager or a referral agency for the application under the Planning Act; or

(ii)if the relevant application is a change application—the responsible entity or a referral agency for the application under the Planning Act.

111   Notice of proposed land surrender requirement

(1)This section applies if the chief executive proposes to require the owner of the prescribed land to surrender all or part of the prescribed land to the State for coastal management.

(2)The chief executive must give written notice (each a proposed surrender notice) of the proposal to—

(a)the applicant; and

(b)if the applicant is not the owner of the land—the owner of the land; and

(c)the planning chief executive; and

(d)if the relevant application is a development application and the planning chief executive is not the assessment manager for the application—the assessment manager for the application; and

(e)if the relevant application is a change application and the planning chief executive is not the responsible entity for the application—the responsible entity for the application.

(3)Each proposed surrender notice must state—

(a)details of the prescribed land the chief executive proposes be required for surrender; and

(b)that the owner may, within 15 business days after receiving the notice, make a written submission to the chief executive about the proposal.

(4)The notice must be given within—

(a)if the relevant application is a development application and the planning chief executive is the assessment manager for the application—15 business days after the application is properly made under the Planning Act; or

(b)if the relevant application is a change application and the planning chief executive is the responsible entity for the application—15 business days after the application is made; or

(c)otherwise—15 business days after the relevant application is given to the planning chief executive.

112   Decision whether to require surrender of land

(1)In deciding whether or not to require the surrender of the land stated in a proposed surrender notice, the chief executive must consider—

(a)any written submission made to the chief executive by the owner of the land; and

(b)how the surrender would avoid or minimise detrimental impacts on coastal management.

(2)If the chief executive decides not to require the surrender, the chief executive must, within 30 business days after the last proposed surrender notice was given, give written notice of the decision to each entity to whom the proposed surrender notice was given.

(3)However, the chief executive may extend the period mentioned in subsection (2) by not more than 10 business days if the owner of the land agrees, in writing, to the extension.

113   Land surrender requirement

(1)The chief executive may, by written notice to the owner of the prescribed land relating to the relevant application, require the owner to surrender all or part of the prescribed land (the required land) to the State for coastal management if—

(a)the chief executive is satisfied the required land should be surrendered for coastal management; and

(b)the Minister approves the proposed requirement.

(2)A requirement under subsection (1) is a land surrender requirement.

(3)A land surrender requirement must—

(a)be given to the owner within 30 business days after the proposed surrender notice is given to the owner; and

(b)state the following—

(i)details of the required land;

(ii)the day the Minister approved the making of the requirement;

(iii)that the required land must be surrendered to the State when the plan for reconfiguring the lot to which the relevant application relates is registered under the Land Title Act 1994;

(iv)the effect of section 114.

(4)The chief executive may extend the period mentioned in subsection (3)(a) by not more than 10 business days if the owner agrees, in writing, to the extension.

(5)The chief executive must give a copy of the land surrender requirement to—

(a)if the applicant for the relevant application is not the owner of the prescribed land—the applicant; and

(b)the planning chief executive; and

(c)if the relevant application is a development application and the planning chief executive is not the assessment manager for the application—the assessment manager for the application; and

(d)if the relevant application is a change application and the planning chief executive is not the responsible entity for the application—the responsible entity for the application.

(6)This section is subject to section 115.

114   Effect on decisions or actions if relevant application is refused or development approval stops having effect

An action taken, or decision made, by the chief executive under this subdivision in relation to a relevant application is of no effect, and is taken to have never been made or taken, if—

(a)the application is refused; or

(b)any development approval given for the application stops having effect.

115   Land surrender requirement can not be given in particular circumstances

(1)A land surrender requirement can not be given in relation to a relevant application if—

(a)the lot to be reconfigured was part of another lot that has been the subject of—

(i)a development application or change application; or

(ii)an application to rezone land under the repealed Local Government (Planning and Environment) Act 1990; and

(b)a part of the other lot was surrendered to the State under—

(i)a land surrender condition; or

(ii)a land surrender requirement; or

(iii)the repealed Beach Protection Act, section 41C(6) or 45(7).

(2)Also, a land surrender requirement can not be given in relation to a relevant application that is a change application if part of the lot to be reconfigured was surrendered to the State under—

(a)a land surrender condition included in the development approval to which the change application relates; or

(b)a land surrender requirement given in relation to the application for the development approval to which the change application relates.

(3)In this section—

land surrender condition means a land surrender condition, included in a development approval, under section 110 as in force immediately before the commencement.

115AA   Compliance with land surrender requirement

A person to whom the chief executive gives a land surrender requirement under section 113 must comply with the requirement.

Maximum penalty—1,665 penalty units.

Subdivision 3 Voluntary land surrender

115A   Applicant may surrender land voluntarily

(1)The applicant for a relevant application may voluntarily surrender a part of the lot to be reconfigured to the State for coastal management if the part is in a coastal management district.

(2)To remove any doubt, it is declared that subdivision 2 does not apply to a part of a lot surrendered under subsection (1).

Subdivision 4 Giving effect to surrender

115B   Surrendered land to be dedicated for coastal management purposes

(1)This section applies to the surrender of a part of the lot in the coastal management district to the State under a land surrender requirement or under section 115A.

(2)The plan of subdivision under the Land Title Act 1994 giving effect to the surrender must dedicate the surrendered land for conservation, scenic and land management purposes.

(3)On registration of the plan of subdivision, without anything further, the surrendered land is dedicated as a reserve under the Land Act 1994 for conservation, scenic and land management purposes.

(4)Subsection (3) applies despite the Land Title Act 1994, section 51.

(5)For the Land Act 1994, the trustee of the reserve is—

(a)if the local government for the area in which the surrendered land is situated has endorsed the plan of subdivision with its acceptance of the trusteeship of the reserve—the local government; or

(b)otherwise—the State.

(6)The registrar under the Land Act 1994 must record the following particulars about the reserve in the register kept under section 276(b) of that Act—

(a)the particulars of the dedication of the reserve under this section;

(b)the name of the trustee.

Division 4 Matters about artificial waterways

Subdivision 1 Canals

116   Canals—surrender to the State

(1)This section applies to a development approval for reconfiguring a lot in connection with the construction of a canal.

(2)The area of the canal relating to the development must be surrendered to the State as a public waterway.

Subdivision 2 [Repealed]

117   [Repealed]

118   [Repealed]

Subdivision 3 Plans of subdivision

119   Requirements for plans of subdivision

(1)If a plan of subdivision shows an artificial waterway on the plan, the plan must—

(a)show the area of the artificial waterway as a separate lot; and

(b)include a metes and bounds description of the land on which the waterway is to be constructed; and

(c)clearly indicate—

(i)if the waterway is a canal—that the land is to be a canal; and

(ii)if the waterway is not a canal—that the land is an artificial waterway; and

(iii)any access channel associated with the waterway.

(2)Also, the local government for the local government area in which the waterway is constructed must certify on the plan that—

(a)the waterway, and any access channel associated with the waterway, is constructed in accordance with the development approval for the waterway; and

(b)if the waterway is not a canal—the local government is satisfied arrangements have been made, or will be made, for the maintenance and management of the waterway.

(3)Subsections (1) and (2) apply in addition to the requirements for registration of a plan of subdivision under the Land Title Act 1994, section 50.

120   Registration of instruments—construction of artificial waterways

(1)The registrar of titles must not register an instrument dealing with land the subject of a reconfiguration of a lot in connection with the construction of an artificial waterway unless—

(a)the plan of subdivision for the reconfiguration of the lot is registered under the Land Title Act 1994; and

(b)if the artificial waterway is a canal—

(i)the plan of subdivision is certified by a local government under section 119(2)(a); and

(ii)the area of the canal has been surrendered to the State as a public waterway; and

(c)if the artificial waterway is not a canal—the plan of subdivision is certified by a local government under section 119(2).

(2)Subsection (1) does not apply to an instrument surrendering the area of a canal to the State if the plan of subdivision for the reconfiguration of a lot in connection with the construction of the canal is—

(a)registered under the Land Title Act 1994; and

(b)certified by a local government under section 119(2)(a).

Division 5 [Repealed]

120A   [Repealed]

120B   [Repealed]

120C   [Repealed]

120CA   [Repealed]

Part 7    Miscellaneous

121   Maintenance of canals

(1)A local government must maintain and keep clean each—

(a)canal in its area; and

(b)access channel for a canal mentioned in paragraph (a), whether or not the access channel is in its area.

(2)Subsection (1) does not apply to—

(a)a canal, other than an access channel for the canal, constructed under the Integrated Resort Development Act 1987; or

(b)a canal constructed under the Sanctuary Cove Resort Act 1985.

(3)In this section—

canal means—

(a)an artificial waterway surrendered to the State under this Act or the Canals Act; or

(b)a canal surrendered under a lease under the Land Act 1994.

122   Canal waters are part of coastal management district

(1)The waters of a canal constructed completely or partly within a coastal management district are taken to be part of the coastal management district when the canal is connected to tidal water.

(2)Subsection (1) applies to waters of the canal to the extent of the tidal limit.

123   Right to occupy and use land on which particular tidal works were, or are to be, carried out

(1)This section applies if a development permit has been, or is, granted for operational work that is tidal works that—

(a)were, or are to be, carried out wholly or partly on State tidal land; and

(b)were, or are to be—

(i)carried out by, for or under the authority of the owner or occupier of land adjacent to the State tidal land; or

Example of tidal works for subparagraph (i)—

the construction of a private jetty, mooring pile, pontoon or domestic pipeline

(ii)carried out by or for a public utility provider for the purpose of providing a public utility service.

Example of tidal works for subparagraph (ii)—

the construction of infrastructure across a waterway for providing electricity, gas or telecommunication services

(2)Also, this section applies if a development permit has been, or is, granted for operational work that is tidal works carried out wholly or partly on State tidal land that are works for the construction of public infrastructure.

(3)However, this section does not apply for a development permit granted for operational work that is tidal works mentioned in subsection (1)(b)(i) if the tidal works include the construction of a structure that facilitates, or will facilitate, a commercial enterprise.

(4)This section also applies in relation to operational work that is tidal works if the operational work—

(a)is accepted development under the Planning Act; or

(b)is PDA accepted development under the Economic Development Act 2012 and is in a priority development area, or is PDA-associated development for a priority development area, under that Act.

(5)A relevant person for the tidal works, and any person authorised by the relevant person, has a right to occupy and use the State tidal land for each of the following—

(a)carrying out the tidal works;

(b)if the tidal works include the construction of a structure—maintaining and using the structure.

(6)In this section—

development permit includes a PDA development permit under the Economic Development Act 2012.

public infrastructure means infrastructure that is constructed or operated for the general public.

public utility provider means—

(a)the State or another entity representing the State; or

(b)the Commonwealth or another entity representing the Commonwealth; or

(c)a local government; or

(d)a person authorised by law to provide a public utility service; or

(e)a mill owner under the Sugar Industry Act 1999.

relevant person, for tidal works, means—

(a)for tidal works carried out by, for or under the authority of the owner of freehold land adjacent to State tidal land—the owner of the freehold land at the relevant time; or

(b)for tidal works carried out by, for or under the authority of the occupier of land, other than freehold land, adjacent to State tidal land—the occupier of the land at the relevant time; or

(c)for tidal works carried out by or for a public utility provider—the public utility provider; or

(d)for tidal works that included the construction of a structure, anyone else, including, for example, a local government acting as a trustee, who is responsible—

(i)under any law or agreement to ensure the structure is in a safe condition; or

(ii)for any wrong arising out of a failure to ensure the structure is in a safe condition.

tidal works does not include the reclamation of land under tidal water.

124   Obligation to keep particular structure in safe condition

(1)Subsection (2) applies to tidal works that included the construction of a structure if a relevant person, and any person authorised by the relevant person, has a right to occupy and use State tidal land for maintaining and using the structure under section 123(5).

(2)A relevant person for the tidal works must ensure the structure is maintained in a safe condition.

(3)Subsection (4) applies to a structure for which there is a sanction or authorisation mentioned in section 171 that, under that section, has (together with any of its conditions) effect as if it were a development approval for operational work that is tidal works.

(4)The following persons must ensure the structure is maintained in a safe condition—

(a)a person who is an owner of freehold land, or a lessee of land leased from the State, if the land—

(i)is above high-water mark; and

(ii)is connected to, or receives the benefit of, the structure;

(b)anyone else, including, for example, a local government acting as a trustee, who is responsible—

(i)under any law or agreement to ensure the structure is in a safe condition; or

(ii)for any wrong arising out of a failure to ensure the structure is in a safe condition.

(5)Subsection (2) or (4) does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.

(6)Without limiting subsection (5), compliance with subsection (2) or (4) does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.

(7)Also, a breach of an obligation under subsection (2) or (4) does not, of itself, give rise to an action for breach of statutory duty or another civil right or remedy.

Note—

For the consequences of a failure to comply with the obligation under subsection (2) or (4), see part 3, division 2.

(8)In this section—

relevant person see section 123(6).

Chapter 3    Investigation and enforcement

Part 1    Administration generally

125   Appointment of authorised persons

The chief executive may appoint any of the following persons as authorised persons—

(a)officers of the public service;

(b)employees of the department;

(c)other persons of a class prescribed under a regulation.

126   Investigative functions of authorised persons

An authorised person has the function of conducting investigations and inspections to monitor and enforce compliance with—

(a)this Act; and

(b)the Planning Act, so far as it relates to assessable development completely or partly within a coastal management district.

127   Qualifications for appointment

A person may be appointed as an authorised person only if—

(a)in the chief executive’s opinion, the person has the necessary expertise or experience to be an authorised person; or

(b)the person has satisfactorily finished training approved by the chief executive.

128   Conditions and terms of appointment

(1)An authorised person holds office on the conditions stated in the instrument of appointment.

(2)An authorised person appointed under section 125(c)—

(a)is appointed for the term stated in the instrument of appointment; and

(b)may resign by signed notice given to the chief executive.

(3)An authorised person ceases to hold office—

(a)if the authorised person was appointed under section 125(a) or (b)—if the authorised person ceases to be an officer of the public service or employee of the department; or

(b)if the authorised person was appointed under section 125(c)—if the authorised person ceases to be a member of the class of persons.

129   Powers of authorised persons

(1)An authorised person has the powers given under this or another Act.

(2)Subsection (1) has effect subject to any limitations—

(a)stated in the authorised person’s instrument of appointment; or

(b)prescribed under a regulation; or

(c)stated in a notice given to the authorised person by the chief executive.

(3)Notice under subsection (2)(c) may be given orally, but must be confirmed in writing as soon as practicable.

130   Issue of identity cards

(1)The chief executive must issue an identity card to each authorised person.

(2)The identity card must—

(a)contain a recent photograph of the authorised person; and

(b)be signed by the authorised person; and

(c)identify the person as an authorised person; and

(d)include an expiry date.

(3)Nothing in this section prevents the issue of a single identity card to a person for this Act and other Acts.

131   Production or display of identity card

(1)An authorised person may exercise a power in relation to someone else (the other person) only if the authorised person—

(a)first produces his or her identity card for the other person’s inspection; or

(b)has his or her identity card displayed so it is clearly visible to the other person.

(2)However, if, for any reason, it is not practicable to comply with subsection (1), the authorised person must produce the identity card for the other person’s inspection at the first reasonable opportunity.

132   Failure to return identity card

A person who ceases to be an authorised person must return the person’s identity card to the chief executive as soon as possible (but within 21 days) after ceasing to be an authorised person, unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

133   Protection from liability

(1)An official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.

(2)If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.

(3)This section does not apply to an official if the official is a prescribed person under the Public Sector Act 2022, section 267.

(4)In this section—

official means—

(a)an authorised person; or

(b)a person acting under the direction of an authorised person.

Part 2    Inspection and other powers

Division 1 Power of entry

134   Power to enter land

(1)An authorised person may enter land at any reasonable time to—

(a)inspect or survey the land or works on the land; or

(b)dig and bore into the land to find out the nature of the soil; or

(c)do everything necessary for paragraphs (a) and (b), including, for example—

(i)measuring, photographing or filming anything on the land; or

(ii)taking samples of or from anything on the land.

(2)The power to enter land includes power to—

(a)re-enter the land; and

(b)remain on the land for the time that is reasonable and necessary for the purpose of the entry; and

(c)take assistants, vehicles, materials, equipment or things that are reasonable and necessary for the purpose of the entry.

(3)Before entering land, the authorised person must—

(a)obtain the agreement of the occupier or, if there is no occupier, the owner of the land; or

(b)give at least 7 days notice to the person mentioned in paragraph (a) of—

(i)the authorised person’s intention to enter the land; and

(ii)the reason for entering the land; and

(iii)the day and time when the authorised person proposes to enter the land.

(4)However, subsection (3) does not apply if, because of urgent circumstances, entry is required to take action to protect the coastal zone.

(5)In exercising a power under this section, the authorised person must take all reasonable steps to ensure the person causes as little inconvenience, and does as little damage, as is practicable.

(6)This section does not authorise the entry of a structure, or part of a structure, used for residential purposes.

(7)In this section—

occupier, of land, includes a person who reasonably appears to be the occupier, or in charge, of the land.

135   Authorised person to give notice of damage

(1)This section applies if an authorised person, or a person assisting an authorised person, damages anything in the exercise of a power under this division.

(2)The authorised person must promptly give written notice of the particulars of the damage to the person who appears to be the owner of the thing.

(3)However, if for any reason it is not practicable to comply with subsection (2), the authorised person must leave the notice, in a reasonably secure way and in a conspicuous position, at the place where the damage happened.

(4)If the authorised person believes the damage was caused by a latent defect in the thing or other circumstances beyond the authorised person’s control, the authorised person may state this in the notice.

(5)This section does not apply to damage the authorised person reasonably believes is trivial.

(6)In this section—

owner, of a thing, includes the person in possession or control of the thing.

136   Compensation

(1)A person may claim compensation if the person incurs loss or expense because of the exercise or purported exercise of a power under this division.

(2)Compensation may be claimed and ordered in a proceeding for—

(a)compensation brought in a court of competent jurisdiction; or

(b)an offence against this Act brought against the person making the claim for compensation.

(3)The court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.

(4)A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.

Division 2 General investigative powers

137   Power to require name and address

(1)This section applies if an authorised person—

(a)finds a person committing an offence against this Act; or

(b)finds a person in circumstances that lead the authorised person to reasonably suspect the person has just committed an offence against this Act; or

(c)has information that leads the authorised person to reasonably suspect a person has just committed an offence against this Act.

(2)The authorised person may require the person to state the person’s name and residential address.

(3)When making the requirement, the authorised person must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.

(4)The authorised person may require the person to give evidence of the correctness of the stated name or address if the authorised person reasonably suspects the stated name or address is false.

(5)A requirement under subsection (2) or (4) is called a formal details requirement.

138   Failure to give name or address

(1)A person of whom a formal details requirement is made must comply with the requirement, unless the person has a reasonable excuse for not complying.

Maximum penalty—50 penalty units.

(2)A person does not commit an offence against subsection (1) if—

(a)the person was required to state the person’s name and address by an authorised person who suspected the person had committed an offence against this Act; and

(b)the person is not proved to have committed the offence.

Division 3 General

139   False or misleading statements

(1)A person must not—

(a)state anything to an authorised person the person knows is false or misleading in a material particular; or

(b)omit from a statement made to an authorised person anything without which the statement is, to the person’s knowledge, misleading in a material particular.

Maximum penalty—50 penalty units.

(2)It is enough for a complaint against a person for an offence against subsection (1) to state that the statement made was false or misleading to the person’s knowledge.

(3)For the repealed Planning Act, section 372(1), a copy of the request seeking the permissible change must also be given to an entity that would have been a concurrence agency for the deemed approval.

(4)Subsection (2) applies despite the repealed Planning Act, section 369, but subject to subsection (5).

(5)The local government may elect not to be the responsible entity for making the permissible change.

(6)However, if the local government decides not to be the responsible entity for making the permissible change, the local government is not required to be given a copy of the request under the repealed Planning Act, section 372(1).

(7)Despite subsection (1), this section does not apply to a deemed approval mentioned in section 177 on or after the day section 206 commences.

(8)In this section—

permissible change see the repealed Planning Act, section 367.

repealed Planning Act means the repealed Sustainable Planning Act 2009.

responsible entity, for making a permissible change, means the responsible entity under the repealed Planning Act, section 369 for making the change.

194   Continuing application of particular provisions

(1)This section applies to a development application made but not decided under the repealed Integrated Planning Act 1997 before the commencement.

(2)The following provisions, as in force before the commencement, continue to apply to the development application as if the repealed Planning Act had not commenced—

(a)sections 50(1), 66, 100A(3)(a) and 100B(3);

(b)chapter 2, part 6.

(3)In this section—

commencement means the day this section commences.

repealed Planning Act means the repealed Sustainable Planning Act 2009.

Part 6    Transitional provisions for Environmental Protection and Other Legislation Amendment Act 2011

195   Definition for pt 6

In this part—

previous, if followed by a provision number, means the provision of that number in force before the commencement of this section.

196   Continuation of coastal zone

The coastal zone under previous section 15 continues until the day a coastal zone map takes effect under section 18C.

197   Continuation of existing coastal plans

(1)Each coastal plan (an existing coastal plan) made under previous chapter 2, part 2 in force immediately before the day this section commences continues in effect until the day a coastal plan takes effect under section 32(1).

(2)Until the day the coastal plan takes effect, a reference to the coastal plan in a document or the provisions of this Act mentioned in subsection (3) is taken, wherever possible, to be a reference to an existing coastal plan.

(3)For subsection (2), the provisions are sections 68, 75, 150 and 167.

198   Dissolution of coastal protection advisory council

On the day this section commences—

(a)the coastal protection advisory council established under previous section 20 is dissolved; and

(b)any person who, immediately before the day this section commences, held office as a member of the coastal protection advisory council under previous section 22 goes out of office on the day this section commences and is not entitled to compensation because of the operation of this section.

199   Application of s 80 for existing allocations for quarry material

(1)This section applies to the holder of an allocation notice for quarry material if, immediately before the day this section commences, previous section 80 applied to the holder.

(2)Despite section 80(2)(b), previous section 80(2) continues to apply to the holder of the notice until the beginning of the quarter first happening after the day this section commences.

(3)In this section—

quarter means a 3-month period ending on 31 March, 30 June, 30 September or 31 December.

200   Existing dredge management plan applications

(1)This section applies if an application for approval of a dredge management plan made under previous section 91 has not been decided before the day this section commences.

(2)The application must be decided under previous chapter 2, part 5, division 2, subdivision 2.

(3)If the application is approved, previous chapter 2, part 5, divisions 2 and 2A continue to apply in relation to the approved dredge management plan as if the Environmental Protection and Other Legislation Amendment Act 2011 had not commenced.

201   Existing approved dredge management plans

(1)This section applies to a dredge management plan approved under previous section 93 if the plan was in effect immediately before the day this section commences.

(2)The dredge management plan continues in effect until it is cancelled, suspended or otherwise ended.

(3)Previous chapter 2, part 5, divisions 2 and 2A continue to apply in relation to the dredge management plan as if the Environmental Protection and Other Legislation Amendment Act 2011 had not commenced.

(4)To remove any doubt, it is declared that subsection (3) applies if, immediately before the day this section commences—

(a)the holder of an approved dredge management plan had applied for a transfer of the plan under previous section 95 or a renewal of the plan under previous section 96, and before the day this section commences the application has not been decided; or

(b)the chief executive had started a procedure to amend, suspend or cancel an approval of a dredge management plan under previous section 99, and before the day this section commences a proposed action under previous section 99 has not been taken.

201A   Removal of quarry material under dredge management plans

(1)A person does not commit an offence against section 101(1) by removing quarry material under a dredge management plan in force under section 200 or 201.

(2)Subsection (1) is taken to have applied since 5 May 2011.

Note—

5 May 2011 was the day of commencement of the Environmental Protection and Other Legislation Amendment Act 2011, section 56, to the extent it inserted sections 200 and 201.

(3)Previous section 102 applies, and is taken to have applied since 5 May 2011, to quarry material removed under a dredge management plan in force under section 200 or 201.

202   Continuing effect of Governor in Council approval of land surrender condition

(1)This section applies if, before the day this section commences, the Governor in Council has approved the inclusion of a land surrender condition under previous section 110(2)(c).

(2)The approval continues to have effect as if it were an approval by the Minister under section 110(2)(c).

(3)If a notice has not been given under previous section 113 in relation to the condition before the day this section commences, previous section 113 continues to apply for the giving of the notice as if the Environmental Protection and Other Legislation Amendment Act 2011 had not commenced.

Part 7    Transitional and declaratory provisions for Environmental Offsets Act 2014

203   Application of ss 123 and 124 to particular works in a watercourse

(1)This section applies to work if—

(a)a development approval for the work was given under the Integrated Planning Act 1997 as in force on or after 17 October 2004 or the Sustainable Planning Act 2009 as in force before 3 August 2012; and

(b)the work is or was operational work in tidal water that consists or consisted of constructing or installing works in a watercourse; and

(c)the work is not, or was not, any of the following—

(i)erecting a sign or other structure, including, for example, a navigational aid or sign for maritime navigation, under a direction made under another Act;

(ii)building an open drain that is less than 1m deep and has a cross sectional area less than 2.5m²;

(iii)constructing an artificial waterway;

(iv)reclaiming land under tidal water.

(2)Sections 123 and 124 apply to the work, and always did apply to the work, as if the work were operational work that is tidal works.

204   Development applications not decided on commencement that relate to tidal works

(1)This section applies to a development application, made but not decided on the commencement, for which the definition tidal works is relevant.

(2)The application must be dealt with and decided under the definition tidal works as in force immediately before the commencement.

(3)In this section—

commencement means the commencement of this section.

decided means decided under the repealed Sustainable Planning Act 2009.

definition tidal works means the schedule, definition tidal works.

Part 8    Transitional provisions for Planning (Consequential) and Other Legislation Amendment Act 2016

205   Definitions for part

In this part—

amending Act means the Planning (Consequential) and Other Legislation Amendment Act 2016.

former, in relation to a provision, means the provision as in force immediately before the provision was amended or repealed under the amending Act.

206   Change application for deemed approval

(1)This section applies to a deemed approval mentioned in section 177 if the holder of the approval makes a change application under the Planning Act for a change to the deemed approval.

(2)The chief executive must decide who will be the responsible entity for the change application for the Planning Act.

(3)Subsection (2) applies despite the Planning Act, section 78A, but subject to subsection (5).

(4)For the Planning Act—

(a)the holder must also give a copy of the change application to any entity that would, if a development application had been made for the deemed approval, be the referral agency for the application; and

(b)the entity is taken to be a referral agency for the change application.

(5)The local government may elect not to be the responsible entity for the change application.

(6)Subsection (7) applies if—

(a)the local government decides not to be the responsible entity for the change application; and

(b)the change application is for a minor change to the approval, as defined in the Planning Act.

(7)The holder is not required to give the local government a copy of the change application under the Planning Act, section 80.

207   Existing particular development applications

(1)Subsection (2) applies to an existing development application to which former section 100A(4) applied.

(2)Former section 100A(4) and (5) continues to apply in relation to the application, as if the amending Act had not been enacted.

(3)Subsection (4) applies to an existing development application mentioned in former section 103.

(4)Former chapter 2, part 6 continues to apply in relation to the application, as if the amending Act had not been enacted.

(5)In this section—

existing development application means a development application made under the repealed Sustainable Planning Act 2009 to which the Planning Act, section 288 applies.

208   Development approval that includes a land surrender condition

(1)This section applies to a development approval that includes a land surrender condition under former section 110.

(2)Former section 115B continues to apply in relation to the condition as if the amending Act had not been enacted.

Schedule Dictionary

section 6

Aboriginal cultural heritage see the Aboriginal Cultural Heritage Act 2003.

access channel see section 7.

administrative amendment, of a coastal plan, means an amendment correcting or changing—

(a)an explanatory matter about the plan; or

(b)the format or presentation of the plan; or

(c)a spelling, grammatical or mapping error in the plan; or

(d)a factual matter incorrectly stated in the plan; or

(e)a redundant or outdated term in the plan; or

(f)inconsistent numbering of provisions in the plan; or

(g)a cross-reference in the plan.

advisory council ...

allocation notice see section 76(3)(b).

alter includes add to, remove from, maintain, or change in any way, and includes starting or continuing to alter.

applicable code ...

appropriately qualified—

1

Appropriately qualified, for an individual to whom a power of the chief executive under this Act may be delegated, includes having the qualifications, experience or standing appropriate to exercise the power.

Example of standing—

a person’s classification level in the public service

2

If a power delegated to a local government may be subdelegated by the local government, the following are appropriately qualified entities for the subdelegation—

(a)the local government’s mayor;

(b)a standing committee or a chairperson of a standing committee of the local government;

(c)the local government’s chief executive officer;

(d)an employee of the local government, having the qualifications, experience or standing appropriate to exercise the power.

Example of standing for paragraph (d)—

the employee’s classification level in the local government

artificial waterway see section 8.

assessable development means development categorised as assessable development under the Planning Act.

assessment manager, for a development application, means the assessment manager for the application under the Planning Act.

authorised person means a person appointed as an authorised person under this Act.

Beach Protection Act means the Beach Protection Act 1968.

Beach Protection Authority means the Beach Protection Authority constituted under the Beach Protection Act, section 5.

biological diversity see Nature Conservation Act 1992, section 10.

build includes—

(a)move from one position to another position, whether on the same or another allotment; and

(b)re-build (with or without alteration) whether on the same or another allotment.

building means a fixed structure that is either completely or partly enclosed by walls and is roofed, and includes any part of a building.

canal see section 9.

Canals Act means the Canals Act 1958.

change application, for chapter 2, part 6, division 3, see section 109.

chapter 4 activity ...

coast see section 10.

coastal building line means a line declared as a coastal building line under this Act.

coastal hazard means erosion of the foreshore or tidal inundation.

coastal management see section 11.

coastal management district means a part of the coastal zone declared under this Act as a coastal management district.

coastal plan means the coastal plan made under chapter 2, part 1.

coastal protection notice see section 59.

coastal resources see section 12.

coastal waters see section 13.

coastal wetlands see section 14.

coastal zone see section 15.

coastal zone map see section 18A.

concurrence agency ...

control district ...

cultural resources, of the coastal zone, means the places or objects that have anthropological, archaeological, historical, scientific, spiritual, visual or sociological significance or value, including such significance or value under Aboriginal tradition or Island custom.

currency period, for a development approval, means the period at the end of which the approval lapses under the Planning Act.

damage, to vegetation, means remove, fell, cut down, ringbark, dig up, pull out, poison or burn the vegetation or interfere with the natural growth of the vegetation, and includes damage to the vegetation caused by draining land or altering the water table for land.

deemed approval see section 177(1).

development see the Planning Act, schedule 2.

development application means an application for a development approval.

development approval means a development approval under the Planning Act.

development permit means a development permit under the Planning Act.

ecologically sustainable development see section 16.

environmental authority see Environmental Protection Act 1994, schedule 4.

environmentally relevant activity see the Environmental Protection Act 1994, section 18.

erosion prone area means an area declared to be an erosion prone area under section 70(1).

fee includes tax.

foreshore means the land lying between high-water mark and low water mark as is ordinarily covered and uncovered by the flow and ebb of the tide at spring tides.

former district see section 170(1)(b).

government entity means a government department or an agency, authority, commission, corporation, instrumentality, office or other entity, established under an Act for a public or official purpose, and includes part of a government entity.

harbour master means a person who is appointed under the Transport Operations (Marine Safety) Act 1994 as a harbour master.

Harbours Act means the repealed Harbours Act 1955 as continued to have effect under the Transport Infrastructure Act 1994, sections 233 and 236.

high-water mark means the ordinary high-water mark at spring tides.

interest, for land, includes—

(a)a mining claim, mineral development licence or mining lease granted under the Mineral Resources Act 1989; or

(b)a petroleum lease granted under the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004; or

(c)a GHG injection and storage lease granted under the Greenhouse Gas Storage Act 2009; or

(d)a geothermal production lease granted under the Geothermal Energy Act 2010.

inundated land means freehold land that, through the excavation of the land or other land, has become inundated by water subject to tidal influence, but does not include a canal, or part of a canal.

key coastal site ...

land includes land that is, or is at any time, covered by Queensland waters.

land surrender condition ...

land surrender requirement see section 113(2).

land under tidal water includes foreshore.

leased land means land held under a lease under the Land Act 1994.

local government area means the part of the State established as a local government area under the Local Government Act 2009.

low water mark means the ordinary low water mark at spring tides.

National Strategy for Ecologically Sustainable Development means the National Strategy for Ecologically Sustainable Development endorsed by the Council of Australian Governments on 7 December 1992.

natural resources, of the coastal zone, means the natural and physical features and processes of the zone, including wildlife, soil, water, minerals and air.

obstruct includes—

(a)hinder or resist; and

(b)attempt to obstruct.

operational work see the Planning Act, schedule 2.

owner, for chapter 5, part 1, see section 150(1).

owner, of land, means the person for the time being entitled to receive the rent of the land or would be entitled to receive the rent from it if it were let to a tenant at a rent, and includes the holder of a lease, licence or permission from the State, or a person deriving title under it.

place includes land, a structure, vehicle or other place (even if the place is in a natural or undeveloped state) whether the place is on or under the water or on the bed of any waters.

Planning Act means the Planning Act 2016.

planning chief executive means the chief executive of the department in which the Planning Act is administered.

Planning Minister ...

planning scheme means a planning scheme under the Planning Act.

plan of subdivision see Land Title Act 1994, section 49.

port see Transport Infrastructure Act 1994, schedule 6.

port authority see Transport Infrastructure Act 1994, schedule 6.

port operator has the meaning given in the Transport Infrastructure Act 1994, section 267.

preliminary approval ...

prescribed land, for chapter 2, part 6, division 3, subdivision 2, see section 110(b).

previous, for chapter 6, part 6, see section 195.

proposed surrender notice see section 111(2).

quarry material—

1

Quarry material means material on State coastal land, other than a mineral within the meaning of any Act relating to mining.

2For item 1, material includes, for example, stone, gravel, sand, rock, clay, mud, silt and soil, unless it is removed from a culvert, stormwater drain or other drainage infrastructure as waste material.

reasonably believes means believes on grounds that are reasonable in the circumstances.

reclamation, of land under tidal water, means raising the land above high-water mark, whether gradually and imperceptibly or otherwise, by carrying out works, including dredging and the depositing of solid material.

reconfiguring a lot see the Planning Act, schedule 2.

referral agency ...

regional plan ...

registration certificate ...

relevant application, for chapter 2, part 6, division 3, see section 109.

required authority ...

responsible entity, for a change application, means the responsible entity for the application under the Planning Act.

right line tidal boundary has the same meaning as in the Land Act 1994.

sea includes bays, arms and inlets of the sea.

seaward ...

specified works ...

State coastal land see section 17.

State plan ...

State tidal land means land in the coastal zone other than the following—

(a)land for which a lease under the Land Act 1994 is granted;

(b)land for which a permit to occupy is issued under the Land Act 1994;

(c)freehold land, including inundated land;

(d)a reserve under the Land Act 1994;

(e)land on the landward side of a tidal boundary or right line tidal boundary.

stock means any grazing animal, and includes commercially farmed birds.

structure includes a building, deck, fence, gazebo, path, pillar, post, road, swimming pool, tennis court and wall.

tidal boundary has the same meaning as in the Survey and Mapping Infrastructure Act 2003, part 7.

tidal water means—

(a)the sea and any part of a harbour or watercourse ordinarily within the ebb and flow of the tide at spring tides; or

(b)the water downstream from a downstream limit as defined under the Water Act 2000.

tidal works—

1

Tidal works means any of the following—

(a)works in, on or above—

(i)land under tidal water; or

(ii)land that will or may be under tidal water because of development on or near the land;

(b)works that are—

(i)

an integral part of works mentioned in paragraph (a) (the principal works); and

(ii)carried out in, on or above land directly adjacent to the land in, on or above which the principal works are carried out;

(c)works designed to be exposed to tidal water because of shoreline fluctuations;

(d)works designed to prevent the erosion of land by the sea (whether or not within the ebb and flow of the tide at spring tides);

(e)works within the boundaries of a canal, whether above or below high-water mark.

2

Tidal works includes—

(a)the construction or demolition of a basin, boat ramp, breakwater, bridge, dam, dock, dockyard, embankment, groyne, jetty, pipeline, pontoon, powerline, seawall, slip, small craft facility, training wall or wharf; and

(b)works in tidal water necessarily associated with the construction or demolition mentioned in paragraph (a); and

(c)the reclamation of land under tidal water.

3

Tidal works does not include—

(a)the erection of a sign or other structure, including, for example, a navigational aid or sign for maritime navigation, under a direction made under another Act; or

(b)the construction of an open drain that—

(i)is less than 1m deep; and

(ii)has a cross sectional area less than 2.5m²; or

(c)works that are assessable development, carried out within a coastal management district, of any of the following types—

(i)the disposal of dredge spoil or other solid waste material in tidal water;

(ii)the construction of an artificial waterway; or

(d)the removal of quarry material that has accumulated within the boundaries of, or in an area adjoining, a previously approved tidal work to allow the work to be used for the function for which it was approved; or

(e)the removal of quarry material from land under tidal water, if the removal is for no other purpose than the sale of the material or use of the material to reclaim land; or

(f)the construction of buoy moorings.

tidal works notice see section 60.

Torres Strait Islander cultural heritage see the Torres Strait Islander Cultural Heritage Act 2003, section 8.

transitional planning scheme ...

unallocated State land see Land Act 1994, schedule 6.

vegetation includes trees.

wildlife see Nature Conservation Act 1992, schedule.

wild river area ...