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This is a Bill, not an Act. For current law, see the Acts databases.
Coastal Protection Amendment
Bill 2012
No , 2012
A Bill for
An Act to amend the Coastal Protection Act 1979 to make further provision with
respect to the use and occupation of the coastal region and to facilitate the carrying
out of certain temporary coastal protection works; and for other purposes.
Clause 1 Coastal Protection Amendment Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Coastal Protection Amendment Act 2012. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
Page 2
Coastal Protection Amendment Bill 2012
Amendment of Coastal Protection Act 1979 No 13 Schedule 1
Schedule 1 Amendment of Coastal Protection Act 1
1979 No 13 2
[1] The whole Act (except as otherwise amended by this Act) 3
Omit "emergency coastal protection works" and "Emergency coastal 4
protection works" wherever occurring. 5
Insert instead "temporary coastal protection works" and "Temporary coastal 6
protection works", respectively. 7
[2] Section 4 Definitions 8
Omit the definition of emergency coastal protection works from section 4 (1). 9
Insert in alphabetical order: 10
temporary coastal protection works--see Division 1 of Part 4C. 11
[3] Section 4 (1), definition of "emergency works authorised officer" 12
Omit the definition. 13
[4] Section 4 (1), definition of "relevant local council" 14
Omit "emergency coastal protection works". 15
Insert instead "temporary coastal protection works". 16
[5] Section 55K Breach of coastal zone management plan: offence 17
Insert at the end of the section: 18
(2) However, if: 19
(a) a person commits the offence under subsection (1) by 20
placing material on a beach, or a sand dune adjacent to a 21
beach, and 22
(b) the material is material of the kind referred to in 23
section 55P (1) (a) or (b), 24
the maximum penalty for the offence is 2,250 penalty units (in 25
the case of a corporation) or 1,125 penalty units (in any other 26
case). 27
[6] Section 55O Regulatory approvals not required for temporary coastal 28
protection works 29
Omit "if the works are authorised by a certificate under Division 2". 30
Insert instead "that comply with the requirements for those works set out in 31
this Act". 32
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Coastal Protection Amendment Bill 2012
Schedule 1 Amendment of Coastal Protection Act 1979 No 13
[7] Section 55O, note 1
Omit the note. Insert instead: 2
Note. This means that planning and associated approvals are not 3
required for the placement and maintenance of temporary coastal 4
protection works that comply with the requirements for such works set 5
out in this Act--see section 55W. 6
[8] Section 55P Meaning of "temporary coastal protection works" 7
Omit section 55P (2) (a), (b) and (c). Insert instead: 8
(a) the material must be placed by or on behalf of an owner of 9
land to reduce the impact or likely impact from wave 10
erosion on that land, 11
[9] Section 55Q Maximum period allowed for emergency coastal protection 12
works 13
Omit the section. 14
[10] Section 55R Maintenance requirements for temporary coastal protection 15
works 16
Omit section 55R (1) (a). 17
[11] Section 55S Emergency coastal protection works may be placed only 18
once 19
Omit the section. 20
[12] Part 4C, Division 2, heading 21
Omit the heading. Insert instead: 22
Division 2 Temporary coastal protection works and 23
public land 24
[13] Section 55T Certificates relating to temporary coastal protection works 25
on public land 26
Omit section 55T (1) and (2). Insert instead: 27
(1) A certificate under this Division authorises the certificate holder 28
to use and occupy public land for the placing and maintaining of 29
the temporary coastal protection works to mitigate the effects of 30
wave erosion on the holder's land (without obtaining a lease, 31
licence or permit in respect of, or an easement or right-of-way in 32
relation to, the public land). 33
(2) An owner of land (or a person acting on behalf of, and with the 34
written authority of, the owner of land) may apply to the relevant 35
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Coastal Protection Amendment Bill 2012
Amendment of Coastal Protection Act 1979 No 13 Schedule 1
local council or to the Director-General for a certificate under this 1
Division. 2
(2A) An issuing authority must not issue a certificate unless the 3
authority is satisfied that all reasonable measures have been taken 4
and will be taken: 5
(a) to avoid using or occupying the public land for the placing 6
and maintaining of the works, and 7
(b) to ensure reasonable public access (including access for 8
local and public authorities) to and through the beach 9
concerned is maintained. 10
[14] Section 55T (3A) 11
Insert after section 55T (3): 12
(3A) It is a condition of a certificate under this Division that the holder 13
of the certificate must take all reasonable measures: 14
(a) to avoid damage to assets and vegetation on the public 15
land, and 16
(b) to minimise risks to the public on the public land, and 17
(c) to minimise disruption of the public use of the beach 18
concerned. 19
[15] Section 55T (6), note 20
Omit the note. 21
[16] Section 55T (7A) 22
Insert after section 55T (7): 23
(7A) An issuing authority may delegate the exercise of any function of 24
the authority under this section to: 25
(a) an authorised officer, or 26
(b) any person, or any class of persons, authorised for the 27
purposes of this section by the regulations. 28
[17] Section 55T (8) 29
Omit the definition of emergency works authorised officer. 30
[18] Section 55V Notification of other issuing authority 31
Omit "emergency works authorised officer who". 32
Insert instead "person or body that". 33
Page 5
Coastal Protection Amendment Bill 2012
Schedule 1 Amendment of Coastal Protection Act 1979 No 13
[19] Section 55V (a) and (b) 1
Omit the paragraphs. Insert instead: 2
(a) the relevant council--if the certificate was issued by the 3
Director-General, 4
(b) the Director-General--if the certificate was issued by a 5
council, 6
[20] Sections 55VA and 55VB 7
Insert after section 55V: 8
55VA Maximum period allowed for temporary coastal protection works 9
on public land 10
(1) The maximum period allowed for temporary coastal protection 11
works on public land is 2 years commencing on the placement of 12
the works. 13
(2) Despite subsection (1), if at the expiry of the 2-year period 14
referred to in that subsection, a development application is 15
pending under the Environmental Planning and Assessment Act 16
1979 for consent to development for the purposes of coastal 17
protection works on the public land, the maximum period 18
allowed for the works ends: 19
(a) where, on the final determination of that development 20
application (including any appeals relating to that 21
application), the application is refused--21 days after that 22
final determination, or 23
(b) where, on the final determination of that development 24
application (including any appeals relating to that 25
application), the application is granted--such further 26
period as is specified in the consent. 27
(3) Works cease to be temporary coastal protection works for the 28
purposes of this Act if the works remain in place for longer than 29
the maximum period allowed for temporary coastal protection 30
works under this section. 31
55VB Public authorities not to unreasonably refuse access to public 32
land 33
A public authority must not unreasonably refuse a person access 34
to the public authority's public land to enable the person to 35
lawfully place temporary coastal protection works on the land or 36
on other public or private land. 37
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Coastal Protection Amendment Bill 2012
Amendment of Coastal Protection Act 1979 No 13 Schedule 1
[21] Section 55X Notice to council and others of placement of temporary 1
coastal protection works 2
Omit "in reliance on section 55Z" from section 55X (1) (b). 3
[22] Section 55X (2) 4
Omit the subsection. Insert instead: 5
(2) The notification under subsection (1) is to be made in the manner 6
and to the person or persons specified by the regulations for the 7
purposes of this subsection. 8
Maximum penalty: 9
(a) in the case of a corporation--100 penalty units, or 10
(b) in any other case--50 penalty units. 11
[23] Section 55Y Removal of temporary coastal protection works from public 12
land 13
Omit "on land" from section 55Y (1). Insert instead "on public land". 14
[24] Section 55Y (1) 15
Omit the following: 16
Maximum penalty: 17
(a) in the case of a corporation--4,500 penalty units and 18
400 penalty units for each day the offence continues, or 19
(b) in any other case--2,250 penalty units and 200 penalty 20
units for each day the offence continues. 21
Insert instead: 22
Maximum penalty: 23
(a) in the case of a corporation--2,250 penalty units and 24
200 penalty units for each day the offence continues, or 25
(b) in any other case--1,125 penalty units and 100 penalty 26
units for each day the offence continues. 27
[25] Section 55Y (as amended by this Act) 28
Renumber the section as section 55VC and move it to its appropriate location 29
in Division 2 of Part 4C. 30
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Coastal Protection Amendment Bill 2012
Schedule 1 Amendment of Coastal Protection Act 1979 No 13
[26] Section 55Z 1
Omit the section. Insert instead: 2
55Z Use and occupation of adjacent private land with permission 3
An owner of land may use and occupy adjacent land (other than 4
public land) for the placing, maintaining and removal of 5
temporary coastal protection works, but only if that landowner 6
has obtained a lease, easement, right-of-way or other interest in 7
land from the owner of the adjacent land to use and occupy the 8
adjacent land for that purpose. 9
[27] Section 55ZC Orders relating to temporary coastal protection works 10
Insert "on public land" before "or the works are not being maintained" in 11
section 55ZC (1) (d). 12
[28] Section 55ZC (3) (a) and (d) 13
Omit the paragraphs. 14
[29] Section 55ZC (6) 15
Insert "on public land" after "protection works" where firstly occurring. 16
[30] Section 55ZC (6), note 17
Omit the note. 18
[31] Section 55ZF Failure to comply with order 19
Omit "under this Part" from section 55ZF (1). 20
Insert instead "under section 55ZA or 55ZB". 21
[32] Section 55ZF (1A) 22
Insert after section 55ZF (1): 23
(1A) A person who does not comply with an order under section 55ZC 24
is guilty of an offence. 25
Maximum penalty: 26
(a) in the case of a corporation--2,250 penalty units and 27
200 penalty units for each day the offence continues, or 28
(b) in any other case--1,125 penalty units and 100 penalty 29
units for each day the offence continues. 30
Page 8
Coastal Protection Amendment Bill 2012
Amendment of Coastal Protection Act 1979 No 13 Schedule 1
[33] Section 55ZH Successors in title and temporary coastal protection 1
works 2
Omit section 55ZH (1) and (2). Insert instead: 3
(1) If an original owner of private land to whom a certificate under 4
Division 2 of Part 4C has been issued ceases, before placing 5
temporary coastal protection works on public land, to be the 6
owner of the private land, a successor in title is taken for the 7
purposes of this Act to be the original owner. Such a successor in 8
title may place and maintain those authorised temporary coastal 9
protection works on the public land in accordance with that 10
certificate. 11
Note. A person who places temporary coastal protection works may be 12
made the subject of an order under this Part--see section 55ZC. 13
(2) If an original owner of land, after placing temporary coastal 14
protection works on that land, but before the works are removed 15
and the land restored in accordance with this Act, ceases to be the 16
owner of that land, a successor in title is taken for the purposes of 17
this Act to be the original owner. Such a successor in title may be 18
made the subject of an order under this Part as if the successor in 19
title were the original owner. 20
[34] Section 55ZH (3) 21
Omit "in accordance with a certificate under Division 2 of Part 4C". 22
Insert instead "in accordance with this Act". 23
[35] Section 56B Categorisation of coastal risks to land 24
Omit the section. 25
[36] Section 59 Proceedings for offences 26
Omit "55Y" wherever occurring in section 59 (1) and (2). 27
Insert instead "55VC". 28
[37] Schedule 1 Savings, transitional and other provisions 29
Insert at the end of clause 1 (1): 30
Coastal Protection Amendment Act 2012 31
Page 9
Coastal Protection Amendment Bill 2012
Schedule 2 Amendment of Coastal Protection Regulation 2011
Schedule 2 Amendment of Coastal Protection 1
Regulation 2011 2
[1] The whole Regulation 3
Omit "emergency coastal protection works" wherever occurring. 4
Insert instead "temporary coastal protection works". 5
[2] Clauses 9 and 12 6
Omit "55Y" wherever occurring. Insert instead "55VC". 7
[3] Part 4 Categorisation of coastal risks to land 8
Omit the Part. 9
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Coastal Protection Amendment Bill 2012
Amendment of other legislation Schedule 3
Schedule 3 Amendment of other legislation 1
3.1 Conveyancing (Sale of Land) Regulation 2010 2
Schedule 3 Prescribed warranties 3
Omit "emergency coastal protection works" from clause 22 of the Schedule. 4
Insert instead "temporary coastal protection works". 5
3.2 Environmental Planning and Assessment Regulation 2000 6
[1] Schedule 4 Planning certificates 7
Omit "emergency coastal protection works" wherever occurring in clause 4A 8
of the Schedule. 9
Insert instead "temporary coastal protection works". 10
[2] Schedule 4, clause 4A (3) 11
Omit the subclause. 12
3.3 Local Government Act 1993 No 30 13
[1] Section 733 Exemption from liability--flood liable land, land subject to 14
risk of bush fire and land in coastal zone 15
Omit "emergency coastal protection works authorised by a certificate under 16
Division 2 of Part 4C of the Coastal Protection Act 1979" from 17
section 733 (3) (f6). 18
Insert instead "temporary coastal protection works". 19
[2] Section 733 (8), definition of "coastal management works" 20
Omit "emergency coastal protection works". 21
Insert instead "temporary coastal protection works". 22
[3] Dictionary 23
Omit "emergency coastal protection works" from the definition of coastal 24
protection service. 25
Insert instead "temporary coastal protection works". 26
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Coastal Protection Amendment Bill 2012
Schedule 3 Amendment of other legislation
[4] Dictionary 1
Omit the definition of emergency coastal protection works. 2
Insert in appropriate order: 3
temporary coastal protection works has the same meaning as in 4
the Coastal Protection Act 1979. 5
Page 12
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