COASTAL PROTECTION AND MANAGEMENT ACT 1995

Queensland Consolidated Acts

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COASTAL PROTECTION AND MANAGEMENT ACT 1995

- As at 26 April 2024
- Act 41 of 1995

TABLE OF PROVISIONS

Long Title

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

1. Short title
2. Commencement

PART 2 - OBJECTS AND ACHIEVEMENT OF COASTAL MANAGEMENT

3. Main objects of Act
4. How objects of Act are to be achieved
5. Advancing Act’s objects

PART 3 - INTERPRETATION

Division 1 - Dictionary

6. Definitions

Division 2 - Other definitions

7. Meaning of access channel
8. Meaning of artificial waterway
9. Meaning of canal
10. Meaning of coast
11. Meaning of coastal management
12. Meaning of coastal resources
13. Meaning of coastal waters
14. Meaning of coastal wetlands
15. Meaning of coastal zone
16. Meaning of ecologically sustainable development
17. Meaning of State coastal land

Division 3 - General

18. Aboriginal people and Torres Strait Islanders particularly concerned with land

PART 3A - COASTAL ZONE MAP

18A. What is the coastal zone map
18B. Amending the coastal zone map
18C. When coastal zone map takes effect
18D. Public inspection and purchase of coastal zone map

PART 4 - APPLICATION OF ACT

19. Act binds all persons

CHAPTER 2 - COASTAL MANAGEMENT

PART 1 - COASTAL PLAN

Division 1 - Requirement for coastal plan

20. Coastal plan must be prepared
21. Content of coastal plan
22. Process for making, amending or replacing coastal plan
23. Compliance with divs 2 and 3 and regulation under s 22(2)

Division 2 - Making coastal plan

24. Preparation of draft coastal plan
25. Notice about draft coastal plan
26. Keeping draft coastal plan available for inspection
27. Making coastal plan
28. Notice about making coastal plan

Division 3 - Amending or replacing coastal plan

29. Administrative amendments
30. Other amendments
31. Replacement of coastal plan

Division 4 - When coastal plan or amendment has effect

32. When coastal plan or amendment has effect
33. Duration of coastal plan

Division 5 - Miscellaneous

34. Implementation of coastal plan
35. Effect of coastal plan
36. Public inspection and purchase of coastal plan or draft coastal plan

PART 2 - (Repealed)

PART 3 - COASTAL MANAGEMENT DISTRICTS

Division 1 - Declaration, amendment, amalgamation and abolition of coastal management districts

54. Declaration of coastal management districts
55. (Repealed)
56. Things to be considered when declaring coastal management districts
57. Notice declaring, changing or abolishing coastal management district
58. Amendment, amalgamation and abolition of coastal management districts
58A. Amendment of coastal management districts in s 169

Division 2 - Coastal protection and tidal works notices

59. Coastal protection notices
60. Tidal works notices
61. Chief executive may take required action
62. Forfeiture of property
63. Record of coastal protection or tidal works notice in land registry
64. Owner of land and builder jointly liable
65. Notice binding on purchaser

Division 3 - General provisions about coastal management districts

66. Coastal building line
67. Placing signs on unallocated State land
68. Temporary occupation of land

Division 4 - Offence about damaging vegetation on State coastal land

69. Damaging or removing vegetation, or damaging coastal dunes

PART 4 - EROSION PRONE AREAS

70. Declaration of erosion prone areas
71. Amending erosion prone areas
72. Local governments to keep copies of documents

PART 5 - QUARRY MATERIALS

Division 1 - Allocation of quarry materials

Subdivision 1 - Obtaining allocations

73. Applications for allocation of quarry material
74. Additional information for applications
75. Criteria for deciding applications
76. Deciding applications
77. Selling allocation of quarry material by auction or tender

Subdivision 2 - Content and conditions of allocation notices

78. Content of allocation notices
79. Conditions of allocation notice
80. Allocation holder to give information

Subdivision 3 - (Repealed)

Subdivision 4 - Transferring or renewing allocations

82. Application to transfer allocation
82A. Deciding application to transfer allocation
83. Application to renew allocation
83A. Deciding application to renew allocation

Subdivision 5 - Amending, suspending or cancelling allocation notices

84. Amendment—grounds
85. Suspension or cancellation—grounds
86. Amendment, suspension or cancellation—procedure
87. Notice and effect of amendment, suspension or cancellation of allocations

Subdivision 6 - Surrender of allocation

88. Surrender

Division 2 - (Repealed)

Division 3 - Offences

101. Removing quarry material

Division 4 - General

102. Royalty or price for quarry material

PART 6 - LAND SURRENDER AND ARTIFICIAL WATERWAYS

Division 1 - (Repealed)

Division 2 - (Repealed)

Division 3 - Land surrender

Subdivision 1 - Preliminary

109. Definitions for division

Subdivision 2 - Land surrender requirements

110. Application of subdivision
111. Notice of proposed land surrender requirement
112. Decision whether to require surrender of land
113. Land surrender requirement
114. Effect on decisions or actions if relevant application is refused or development approval stops having effect
115. Land surrender requirement can not be given in particular circumstances
115AA. Compliance with land surrender requirement

Subdivision 3 - Voluntary land surrender

115A. Applicant may surrender land voluntarily

Subdivision 4 - Giving effect to surrender

115B. Surrendered land to be dedicated for coastal management purposes

Division 4 - Matters about artificial waterways

Subdivision 1 - Canals

116. Canals—surrender to the State

Subdivision 2 - (Repealed)

Subdivision 3 - Plans of subdivision

119. Requirements for plans of subdivision
120. Registration of instruments—construction of artificial waterways

Division 5 - (Repealed)

PART 7 - MISCELLANEOUS

121. Maintenance of canals
122. Canal waters are part of coastal management district
123. Right to occupy and use land on which particular tidal works were, or are to be, carried out
124. Obligation to keep particular structure in safe condition

CHAPTER 3 - INVESTIGATION AND ENFORCEMENT

PART 1 - ADMINISTRATION GENERALLY

125. Appointment of authorised persons
126. Investigative functions of authorised persons
127. Qualifications for appointment
128. Conditions and terms of appointment
129. Powers of authorised persons
130. Issue of identity cards
131. Production or display of identity card
132. Failure to return identity card
133. Protection from liability

PART 2 - INSPECTION AND OTHER POWERS

Division 1 - Power of entry

134. Power to enter land
135. Authorised person to give notice of damage
136. Compensation

Division 2 - General investigative powers

137. Power to require name and address
138. Failure to give name or address

Division 3 - General

139. False or misleading statements
140. False, misleading or incomplete documents
141. Obstructing authorised persons
142. Impersonating authorised persons

CHAPTER 4 - LEGAL PROCEEDINGS

PART 1 - EVIDENCE

143. Evidentiary provisions

PART 2 - PROCEEDINGS FOR OFFENCES

144. Indictable and summary offences
145. Proceedings for indictable offences
146. Limitation on who may summarily hear indictable offence proceedings
147. Limitation on time for starting summary proceedings

PART 3 - RESTRAINT ORDERS

148. Restraint of contraventions of Act etc.
149. Power of court to make order pending final decision in proceeding

CHAPTER 5 - ADMINISTRATION

PART 1 - COMPENSATION

150. When compensation is payable
151. Matters for which compensation is not payable
152. How to claim compensation
153. Deciding compensation payable
154. What is reasonable compensation
155. Payment of compensation
156. Time for starting appeal
157. Decision by court
158. Payment of compensation to be recorded

PART 2 - APPEALS

159. Who may appeal
160. How to start appeal
161. Appellant to give notice of appeal
162. Stay of operation of decision
163. Hearing procedures
164. Powers of court on appeal

PART 2A - PLANNING AND ENVIRONMENT COURT DECLARATIONS

164A. Planning and Environment Court may make declarations

PART 3 - MISCELLANEOUS

165. Delegation by chief executive
166. State of the coastal zone report
167. Regulation-making power

CHAPTER 6 - TRANSITIONAL PROVISIONS

PART 1 - TRANSITIONAL PROVISION FOR ORIGINAL ACT (NO. 41 OF 1995)

168. Transition of control districts

PART 2 - TRANSITIONAL PROVISIONS FOR COASTAL PROTECTION AND MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2001

Division 1 - Coastal management districts

169. Control districts taken to be coastal management districts
170. Declaration about coastal management districts in areas covered by regional plans

Division 2 - Authorities, permits and approvals under Harbours Act, Beach Protection Act and Canals Act

171. Continuing effect of authorities under Harbours Act
172. Continuing effect of right to use and occupy
173. Continuing effect of permits under Beach Protection Act, section 44
174. Continuing effect of a consent under Beach Protection Act, section 45
175. Continuing effect of permits under Beach Protection Act, section 47
176. Continuing effect of approvals under Canals Act
176A. References to certification and notification under the repealed Canals Act, s 8(1)
177. Relationship to particular Planning Act provisions

Division 3 - Dredging permits

178. Continuing effect of dredging permits

Division 4 - Applications in progress

179. Effect of commencement on certain applications
180. When certain applications lapse
181. (Repealed)

Division 5 - Dissolution of Beach Protection Authority

182. Dissolution of Beach Protection Authority
183. References to Beach Protection Authority

Division 6 - Erosion prone areas

184. Transition of areas specified in erosion prone area plans

Division 7 - Coastal management plans under Beach Protection Act

185. Transition of coastal management plans

PART 3 - (Repealed)

PART 4 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2004

187. Planning Act applies to all development relating to the construction of canals
188. Applications to reconfigure a lot in a coastal management district
189. Particular permits under the Beach Protection Act
190. Assessment manager for particular applications
191. When particular applications lapse

PART 5 - TRANSITIONAL PROVISIONS FOR SUSTAINABLE PLANNING ACT 2009

192. Application of s 53
193. Responsible entity for request to change deemed approval
194. Continuing application of particular provisions

PART 6 - TRANSITIONAL PROVISIONS FOR ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2011

195. Definition for pt 6
196. Continuation of coastal zone
197. Continuation of existing coastal plans
198. Dissolution of coastal protection advisory council
199. Application of s 80 for existing allocations for quarry material
200. Existing dredge management plan applications
201. Existing approved dredge management plans
201A. Removal of quarry material under dredge management plans
202. Continuing effect of Governor in Council approval of land surrender condition

PART 7 - TRANSITIONAL AND DECLARATORY PROVISIONS FOR ENVIRONMENTAL OFFSETS ACT 2014

203. Application of ss 123 and 124 to particular works in a watercourse
204. Development applications not decided on commencement that relate to tidal works

PART 8 - TRANSITIONAL PROVISIONS FOR PLANNING (CONSEQUENTIAL) AND OTHER LEGISLATION AMENDMENT ACT 2016

205. Definitions for part
206. Change application for deemed approval
207. Existing particular development applications
208. Development approval that includes a land surrender condition
SCHEDULE - Dictionary

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