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COASTAL PROTECTION AND MANAGEMENT ACT 1995 - SECT 167
Regulation-making power
167 Regulation-making power
(1) The Governor in Council may make regulations under this Act.
(2) A
regulation may make provision for coastal management, including, for example,
provisions about any of the following matters— (a) access to unallocated
State land in a coastal management district;
(b) activities in a coastal
management district;
(c) the presence and use of vehicles and vessels in a
coastal management district;
(d) the impounding, removal and disposal of
vehicles, vessels, aircraft or property found abandoned in a coastal
management district;
(e) requirements for erecting or altering a building or
other structure on land in an erosion prone area;
(f) the matters for which
fees, costs and charges are payable under this Act, the amounts of the fees,
costs and charges, the persons who are liable to pay the fees, costs and
charges, when the fees, costs and charges are payable, and the recovery of any
amount of the fees, costs and charges not paid;
(g) giving effect to, and
enforcing compliance with, the coastal plan, including, for example, giving a
notice about a contravention of the coastal plan and the effect of failure to
comply with it;
(h) exemption from compliance with provisions of the coastal
plan.
(3) A regulation may prescribe when the chief executive may waive a
royalty, or waive or refund a fee, payable under this Act.
(4) A regulation
may prescribe offences for contraventions of a regulation, and fix a maximum
penalty of a fine of not more than 165 penalty units for the contravention.
(5) A regulation may prescribe— (a) assessment benchmarks for the Planning
Act for the assessment of assessable development under that Act, other than an
assessment carried out by the planning chief executive; and
(b) the
requirements that operational work that is tidal works, or work in a coastal
management district, must comply with to be categorised as accepted
development under that Act; and
(c) for section 19 (1) (b) of that Act, the
extent to which a local government may apply a planning scheme as a
categorising instrument under that Act in relation to tidal works in the tidal
area for its local government area, as defined under that Act; and
(d) for
schedule 2 of that Act, definition
"prescribed tidal works" , the type of tidal works that are
prescribed tidal works.
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