Coastal Protection Regulation 2004 (NSW)

Her Excellency the Governor, with the advice of the Executive Council, on the recommendation of the Minister for Natural Resources, has made the following Regulation under the Coastal Protection Act 1979.

Minister for Natural Resources

1Name of Regulation

This Regulation is the Coastal Protection Regulation 2004.

2Commencement

This Regulation commences on 1 September 2004.

Note—

This Regulation replaces the Coastal Protection (Non-Local Government Areas) Regulation 1994 which is repealed on 1 September 2004 under section 10 (2) of the Subordinate Legislation Act 1989.

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

Notes in the text of this Regulation do not form part of this Regulation.

5Application of Regulation(1)

This Regulation applies to such part of the coastal zone as is below the mean high water mark, excluding any estuary, lake or artificial harbour.

(2)

In this clause, estuary includes:

• (a)

  any part of a river whose level is affected (including intermittently affected) by coastal tides, or

• (b)

  any partially enclosed body of water that is intermittently open to the sea.

Note—

Under section 39 (3) of the Act, the provisions of this Regulation do not apply to or in respect of an area that is subject to an environmental planning instrument (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 any part of the coastal zone 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 10 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 any part of the coastal zone to which this Regulation applies, or

• (b)

  to carry out development on any part of the coastal zone 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 10 penalty units.

8Savings

Any act, matter or thing that, immediately before the repeal of the Coastal Protection (Non-Local Government Areas) Regulation 1994, had effect under that Regulation continues to have effect under this Regulation.