New South Wales Bills Explanatory Notes

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RIVERS AND FORESHORES IMPROVEMENT (AMENDMENT) BILL 1991

Act No. 90

RIVERS AND FORESHORES IMPROVEMENT

(AMENDMENT) BILL 1991 (No. 2)

NEW SOUTH WALES
EXPLANATORY NOTE

(This Explanatory Note relates to this Bill as introduced into Parliament)

The object of this Bill is to expand the current provisions of the Rivers and
Foreshores improvement Act 1948 that impost controls on the carrying out of certain
activities that have or might have a detrimental effect on rivers and land adjacent to
rivers.

The current controls are contained in section 23A of the Act and broadly provide for
the following:

* 3 permit is required to be obtained before the activity is undertaken (permits are
granted by the "Constructing Authority", Le. the Public Works Department, the
Water Administration Ministerial Corporation or the Maritime Services Board)
* a Constructing Authority can direct that remedial work be carried out in certain
circumstances (including where an activity that requires a permit is carried out
without a permit)
* the Constructing Authority can carry out any such
remedial work and recover its
costs.

The Bill will replace section 23A with a new Part 3A.

Under the new Part:

* a permit will be required for any activity that obstructs or detrimentally affects
the flow of a river or which is likely to do so (this will be in addition to the
existing requirements for a permit when excavating or removing soil in or
adjacent to a river)
* the current provisions concerning remedial work will be extended to this broader
range of activities
* the definition of "river" will be extended to include river lakes and coastal lakes
and lagoons and is replaced for the purposes of the new Part with the concept of
"protected waters"

2
Rivers and Foreshores Improvement (Amendment) 1991 (No. 2 )
* provision is inserted to enable the Constructing Authority to issue a "stop order"
to prevent the carrying out or continuance of an activity in contravention of the
requirements for a permit and a penalty is imposed for contravening a stop order
* provision is inserted to enable the Constructing Authority to apply to the Land
and Environment Court for an injunction in respect of a contravention or
threatened contravention of the requirements for a permit
* the Constructing Authority will be empowered to issue an "impounding order"
in respect of material removed in contravention of the new Part and plant and
equipment used in the contravention, and a court that convicts a person for the
contravention will be empowered to order forfeiture of the material, plant or
equipment
* the exemption from the current controls that is conferred on the holders of
certain entitlements under the Water Act 1912 will be removed
* the Constructing Authority will be empowered to require a person to furnish
information, produce documents or answer questions concerning a possible
offence under the new Pan
* the existing power of entry conferred on the Constructing Authority is re-enacted
with safeguards
* provision is inserted to empower an owner of land to enter his or her land,
without the permission of the occupier, to carry out remedial work ordered under
the new Part
* there is provision for appeals to the Land and Environment Court in respect of
decisions of a Constructing Authority under the new Part
* penalties for the principal offences under the new Part will be in line with the
penalties imposed under the Environmental Offences and Penalties Act 1989 for
tier 2 offences under that Act (for corporations the maximum penalty is
$125,000 and $60,000 daily penalty and for individuals the maximum penalty is
$60,000 and $30,000 daily penalty).

Penalties of above $5,000 for individuals or above $10,000 for corporations will be
able to be recovered only in the Land and Environment Court.

The Bill also makes consequential amendments to the Land and Environment Court
Act 1979.

Clause 1 specifies the short title of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days to
be appointed by proclamation.

Clause 3 gives effect to the Schedule of amendments to the Rivers and Foreshores
Improvement Act 1948 (Schedule 1).

Clause 4 gives effect to the Schedule of amendments to the Land and Environrnent
Court Act 1979 (Schedule 2).

Schedule 1 contains the amendments to the Rivers and Foreshores Improvement Aa
1948 described above.

Schedule 2 contains consequential amendments to the Land and Environment Court
Act 1979.

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