New South Wales Repealed Acts

This legislation has been repealed.

COASTAL PROTECTION ACT 1979 - SECT 4

4 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:

"authorised officer" means a person who is appointed as an authorised officer under section 7.

"beach" means the area of unconsolidated or other readily erodable material between the highest level reached by wave action and the place where tidal or lake waters reach a depth of 10 metres below Australian Height Datum.

"Chief Executive" means the Chief Executive of the Office.

"Coastal Authority" --see section 6.

"coastal hazard" means the following:

(a) beach erosion,

(b) shoreline recession,

(c) coastal lake or watercourse entrance instability,

(d) coastal inundation,

(e) coastal cliff or slope instability,

(f) tidal inundation,

(g) erosion caused by tidal waters, including the interaction of those waters with catchment floodwaters.

"Coastal Panel" means the NSW Coastal Panel established under Part 2A.

"coastal protection works" means activities or works to reduce the impact of coastal hazards on land adjacent to tidal waters and includes seawalls, revetments, groynes and beach nourishment.

"coastal region" includes the coastal zone.

"coastal zone" means:

(a) the area within the coastal waters of the State as defined in Part 10 of the Interpretation Act 1987 (including any land within those waters), and

(b) the area of land and the waters that lie between the western boundary of the coastal zone (as shown on the maps outlining the coastal zone) and the landward boundary of the coastal waters of the State, and

(c) the seabed (if any) and the subsoil beneath, and the airspace above, the areas referred to in paragraphs (a) and (b).

Note : The coastal zone consists of the area between the western boundary of the coastal zone shown on the maps outlining the coastal zone and the outermost boundary of the coastal waters of the State. The coastal waters of the State extend, generally, to 3 nautical miles from the coastline of the State.

"coastal zone management plan" means a coastal zone management plan made under Part 4A.

"council" means a council or a county council within the meaning of the Local Government Act 1993 .

"designated authority" --see section 4C.

"emergency action subplan" means that part of a coastal zone management plan that deals with the matter referred to in section 55C (1) (b) (emergency action during periods of beach erosion).

"functions" includes powers, authorities and duties.

"landowner" or
"owner of land" , in relation to land that is part of a strata scheme (within the meaning of the Strata Schemes Management Act 2015 ), means, for the purposes of Parts 4C and 4D, the relevant owners corporation.

"Office" means the Office of Environment and Heritage.

"principles of ecologically sustainable development" means the principles of ecologically sustainable development described in section 6 (2) of the Protection of the Environment Administration Act 1991 .

"public authority" means a Minister of the Crown of the State, a department or instrumentality of the State, a council and any other public or local authority constituted by or under any Act, and includes any prescribed body.

"public land" means:

(a) Crown land within the meaning of the Crown Lands Act 1989 or land within a reserve as defined in Part 5 of that Act, or

(b) land owned or under the care, management or control of a council or a public authority,

but does not include any land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act.

"regulation" means a regulation made under this Act.

"relevant local council" , in relation to temporary coastal protection works and coastal protection works, means:

(a) if the works are within the area of a council--that council, or

(b) if the works are not within the area of any council--the council whose area is nearest to the works.

"residential building" means a building (such as a dwelling-house or residential flat building) that is solely or principally used for residential purposes.

"road work" has the same meaning as in the Roads Act 1993 .

"temporary coastal protection works" --see Division 1 of Part 4C.

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) A reference in this Act to the exercise of a function includes, where the function is a duty, the performance of that duty.

(3) Notes included in this Act do not form part of this Act.