Coastal Protection (Non-Local Government Areas) Regulation 1994 (NSW)

1Name of Regulation

This Regulation may be cited as the Coastal Protection (Non-Local Government Areas) Regulation 1994.

2Commencement

This Regulation commences on 1 September 1994.

3Definitions(1)

In this Regulation:

the Act means the Coastal Protection Act 1979.

(2)

The expressions coastal zone and public authority are defined in section 4 (1) of the Act and the expressions consent and development are defined in section 37 (1) of the Act.

4Notes to clauses

Notes to clauses do not form part of this Regulation.

5Application of Regulation

This Regulation applies to land within such part of the coastal zone:

• (a)

  as is not within a local government area, and

• (b)

  as is not subject to an environmental planning instrument within the meaning of the Environmental Planning and Assessment Act 1979, other than a State environmental planning policy.

6Regulation of development generally

A person (including a public authority) must not, without the concurrence of the Minister, carry out development on land to which this Regulation applies.

Note—

Contravention of this clause (otherwise than by the Crown) constitutes an offence for which the maximum penalty under section 58 of the Act is 2 penalty units.

7Granting of rights and consents by public authorities

A public authority must not, without the concurrence of the Minister, grant any right or consent to a person:

• (a)

  to use or occupy land to which this Regulation applies, or

• (b)

  to carry out development on land to which this Regulation applies.

Note—

Contravention of this clause (otherwise than by the Crown) constitutes an offence for which the maximum penalty under section 58 of the Act is 2 penalty units.

8Repeal(1)

The Coastal Protection (Non-Local Government Areas) Regulation 1979 is repealed.

(2)

Any act, matter or thing that, immediately before the repeal of the Coastal Protection (Non-Local Government Areas) Regulation 1979, had effect under that Regulation is taken to have effect under this Regulation.