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COASTAL PROTECTION AND MANAGEMENT ACT 1995 - SCHEDULE
SCHEDULE Dictionary
"Aboriginal cultural heritage" see the Aboriginal Cultural Heritage Act 2003 .
"access channel" see section 7 .
"administrative amendment" , of a coastal plan, means an amendment correcting
or changing—
(a) an explanatory matter about the plan; or
(b) the format or
presentation of the plan; or
(c) a spelling, grammatical or mapping error in
the plan; or
(d) a factual matter incorrectly stated in the plan; or
(e) a
redundant or outdated term in the plan; or
(f) inconsistent numbering of
provisions in the plan; or
(g) a cross-reference in the plan.
"advisory council" ...
"allocation notice" see section 76 (3) (b) .
"alter" includes add to, remove from, maintain, or change in any way, and
includes starting or continuing to alter.
"applicable code" ...
"appropriately qualified" — 1
"Appropriately qualified" , for an individual to whom a power of the chief
executive under this Act may be delegated, includes having the qualifications,
experience or standing appropriate to exercise the power. Example of
standing— a person’s classification level in the public service
2 If a
power delegated to a local government may be subdelegated by the local
government, the following are
"appropriately qualified" entities for the subdelegation— (a) the local
government’s mayor;
(b) a standing committee or a chairperson of a standing
committee of the local government;
(c) the local government’s chief
executive officer;
(d) an employee of the local government, having the
qualifications, experience or standing appropriate to exercise the power.
Example of standing for paragraph (d)— the employee’s classification
level in the local government
"artificial waterway" see section 8 .
"assessable development" means development categorised as assessable
development under the Planning Act .
"assessment manager" , for a development application, means the assessment
manager for the application under the Planning Act .
"authorised person" means a person appointed as an authorised person under
this Act.
"Beach Protection Act" means the Beach Protection Act 1968 .
"Beach Protection Authority" means the Beach Protection Authority constituted
under the Beach Protection Act, section 5 .
"biological diversity" see Nature Conservation Act 1992 , section 10 .
"build" includes— (a) move from one position to another position, whether on
the same or another allotment; and
(b) re-build (with or without alteration)
whether on the same or another allotment.
"building" means a fixed structure that is either completely or partly
enclosed by walls and is roofed, and includes any part of a building.
"canal" see section 9 .
"Canals Act" means the Canals Act 1958 .
"change application" , for chapter 2 , part 6 , division 3 , see section 109 .
"chapter 4 activity" ...
"coast" see section 10 .
"coastal building line" means a line declared as a coastal building line under
this Act.
"coastal hazard" means erosion of the foreshore or tidal inundation.
"coastal management" see section 11 .
"coastal management district" means a part of the coastal zone declared under
this Act as a coastal management district.
"coastal plan" means the coastal plan made under chapter 2 , part 1 .
"coastal protection notice" see section 59 .
"coastal resources" see section 12 .
"coastal waters" see section 13 .
"coastal wetlands" see section 14 .
"coastal zone" see section 15 .
"coastal zone map" see section 18A .
"concurrence agency" ...
"control district" ...
"cultural resources" , of the coastal zone, means the places or objects that
have anthropological, archaeological, historical, scientific, spiritual,
visual or sociological significance or value, including such significance or
value under Aboriginal tradition or Island custom.
"currency period" , for a development approval, means the period at the end of
which the approval lapses under the Planning Act .
"damage" , to vegetation, means remove, fell, cut down, ringbark, dig up, pull
out, poison or burn the vegetation or interfere with the natural growth of the
vegetation, and includes damage to the vegetation caused by draining land or
altering the water table for land.
"deemed approval" see section 177 (1) .
"development" see the Planning Act , schedule 2 .
"development application" means an application for a development approval.
"development approval" means a development approval under the Planning Act .
"development permit" means a development permit under the Planning Act .
"ecologically sustainable development" see section 16 .
"environmental authority" see Environmental Protection Act 1994 , schedule 4 .
"environmentally relevant activity" see the Environmental Protection Act 1994
, section 18 .
"erosion prone area" means an area declared to be an erosion prone area under
section 70 (1) .
"fee" includes tax.
"foreshore" means the land lying between high-water mark and low water mark as
is ordinarily covered and uncovered by the flow and ebb of the tide at spring
tides.
"former district" see section 170 (1) (b) .
"government entity" means a government department or an agency, authority,
commission, corporation, instrumentality, office or other entity, established
under an Act for a public or official purpose, and includes part of a
government entity.
"harbour master" means a person who is appointed under the
Transport Operations (Marine Safety) Act 1994 as a harbour master.
"Harbours Act" means the repealed Harbours Act 1955 as continued to have
effect under the Transport Infrastructure Act 1994 , sections 233 and 236 .
"high-water mark" means the ordinary high-water mark at spring tides.
"interest" , for land, includes— (a) a mining claim, mineral development
licence or mining lease granted under the Mineral Resources Act 1989 ; or
(b)
a petroleum lease granted under the Petroleum Act 1923 or the
Petroleum and Gas (Production and Safety) Act 2004 ; or
(c) a GHG injection
and storage lease granted under the Greenhouse Gas Storage Act 2009 ; or
(d)
a geothermal production lease granted under the Geothermal Energy Act 2010.
"inundated land" means freehold land that, through the excavation of the land
or other land, has become inundated by water subject to tidal influence, but
does not include a canal, or part of a canal.
"key coastal site" ...
"land" includes land that is, or is at any time, covered by Queensland waters.
"land surrender condition" ...
"land surrender requirement" see section 113 (2) .
"land under tidal water" includes foreshore.
"leased land" means land held under a lease under the Land Act 1994 .
"local government area" means the part of the State established as a local
government area under the Local Government Act 2009 .
"low water mark" means the ordinary low water mark at spring tides.
"National Strategy for Ecologically Sustainable Development" means the
National Strategy for Ecologically Sustainable Development endorsed by the
Council of Australian Governments on 7 December 1992.
"natural resources" , of the coastal zone, means the natural and physical
features and processes of the zone, including wildlife, soil, water, minerals
and air.
"obstruct" includes— (a) hinder or resist; and
(b) attempt to obstruct.
"operational work" see the Planning Act , schedule 2 .
"owner" , for chapter 5 , part 1 , see section 150 (1) .
"owner" , of land, means the person for the time being entitled to receive the
rent of the land or would be entitled to receive the rent from it if it were
let to a tenant at a rent, and includes the holder of a lease, licence or
permission from the State, or a person deriving title under it.
"place" includes land, a structure, vehicle or other place (even if the place
is in a natural or undeveloped state) whether the place is on or under the
water or on the bed of any waters.
"Planning Act" means the Planning Act 2016 .
"planning chief executive" means the chief executive of the department in
which the Planning Act is administered.
"Planning Minister" ...
"planning scheme" means a planning scheme under the Planning Act .
"plan of subdivision" see Land Title Act 1994 , section 49 .
"port" see Transport Infrastructure Act 1994 , schedule 6 .
"port authority" see Transport Infrastructure Act 1994 , schedule 6 .
"port operator" has the meaning given in the Transport Infrastructure Act 1994
, section 267 .
"preliminary approval" ...
"prescribed land" , for chapter 2 , part 6 , division 3 , subdivision 2 , see
section 110 (b) .
"previous" , for chapter 6 , part 6 , see section 195 .
"proposed surrender notice" see section 111 (2) .
"quarry material" — 1
"Quarry material" means material on State coastal land, other than a mineral
within the meaning of any Act relating to mining.
2 For item 1, material
includes, for example, stone, gravel, sand, rock, clay, mud, silt and soil,
unless it is removed from a culvert, stormwater drain or other drainage
infrastructure as waste material.
"reasonably believes" means believes on grounds that are reasonable in the
circumstances.
"reclamation" , of land under tidal water, means raising the land above
high-water mark, whether gradually and imperceptibly or otherwise, by carrying
out works, including dredging and the depositing of solid material.
"reconfiguring a lot" see the Planning Act , schedule 2 .
"referral agency" ...
"regional plan" ...
"registration certificate" ...
"relevant application" , for chapter 2 , part 6 , division 3 , see section 109
.
"required authority" ...
"responsible entity" , for a change application, means the responsible entity
for the application under the Planning Act .
"right line tidal boundary" has the same meaning as in the Land Act 1994 .
"sea" includes bays, arms and inlets of the sea.
"seaward" ...
"specified works" ...
"State coastal land" see section 17 .
"State plan" ...
"State tidal land" means land in the coastal zone other than the following—
(a) land for which a lease under the Land Act 1994 is granted;
(b) land for
which a permit to occupy is issued under the Land Act 1994 ;
(c) freehold
land, including inundated land;
(d) a reserve under the Land Act 1994 ;
(e)
land on the landward side of a tidal boundary or right line tidal boundary.
"stock" means any grazing animal, and includes commercially farmed birds.
"structure" includes a building, deck, fence, gazebo, path, pillar, post,
road, swimming pool, tennis court and wall.
"tidal boundary" has the same meaning as in the
Survey and Mapping Infrastructure Act 2003 , part 7 .
"tidal water" means— (a) the sea and any part of a harbour or watercourse
ordinarily within the ebb and flow of the tide at spring tides; or
(b) the
water downstream from a downstream limit as defined under the Water Act 2000 .
"tidal works" — 1
"Tidal works" means any of the following— (a) works in, on or above— (i)
land under tidal water; or
(ii) land that will or may be under tidal water
because of development on or near the land;
(b) works that are— (i) an
integral part of works mentioned in paragraph (a) (the
"principal works" ); and
(ii) carried out in, on or above land directly
adjacent to the land in, on or above which the principal works are carried
out;
(c) works designed to be exposed to tidal water because of shoreline
fluctuations;
(d) works designed to prevent the erosion of land by the sea
(whether or not within the ebb and flow of the tide at spring tides);
(e)
works within the boundaries of a canal, whether above or below high-water
mark.
2
"Tidal works" includes— (a) the construction or demolition of a basin, boat
ramp, breakwater, bridge, dam, dock, dockyard, embankment, groyne, jetty,
pipeline, pontoon, powerline, seawall, slip, small craft facility, training
wall or wharf; and
(b) works in tidal water necessarily associated with the
construction or demolition mentioned in paragraph (a) ; and
(c) the
reclamation of land under tidal water.
3
"Tidal works" does not include— (a) the erection of a sign or other
structure, including, for example, a navigational aid or sign for maritime
navigation, under a direction made under another Act; or
(b) the construction
of an open drain that— (i) is less than 1m deep; and
(ii) has a cross
sectional area less than 2.5m 2; or
(c) works that are assessable
development, carried out within a coastal management district, of any of the
following types— (i) the disposal of dredge spoil or other solid waste
material in tidal water;
(ii) the construction of an artificial waterway; or
(d) the removal of quarry material that has accumulated within the boundaries
of, or in an area adjoining, a previously approved tidal work to allow the
work to be used for the function for which it was approved; or
(e) the
removal of quarry material from land under tidal water, if the removal is for
no other purpose than the sale of the material or use of the material to
reclaim land; or
(f) the construction of buoy moorings.
"tidal works notice" see section 60 .
"Torres Strait Islander cultural heritage" see the
Torres Strait Islander Cultural Heritage Act 2003 , section 8 .
"transitional planning scheme" ...
"unallocated State land" see Land Act 1994 , schedule 6 .
"vegetation" includes trees.
"wildlife" see Nature Conservation Act 1992 , schedule.
"wild river area" ...
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