{"id":"coast-protection-act-1972","name":"Coast Protection Act 1972","slug":"coast-protection-act-1972","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31777,"registerId":"sa-coast-protection-act-1972-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Coast Protection Act 1972","content":"South Australia\nCoast Protection Act 1972\nAn Act to make provision for the conservation and protection of the beaches and coast of this State; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n4\tInterpretation\n5\tAct to bind the Crown\nPart 2—Administration\n6\tEstablishment of Board\n7\tControl and direction of Board\n8\tMembership of Board\n9\tQuorum etc\n10\tValidation of acts of Board\n11\tAllowances and expenses\n12\tSecretary\n13\tBoard may use services or staff of administrative unit\n13A\tDelegation by Board\n14\tGeneral duties of Board\n18\tAdvisory committees\nPart 3—Coast protection districts\n19\tConstitution of coast protection districts\n20\tManagement plan\nPart 4—Powers of Board\n21\tAuthorised works\n21A\tPower to remove sand etc\n22\tPowers of acquisition\n23\tPowers of entry\n24\tTemporary occupation\n25\tCompensation for entry or temporary occupation\nPart 6—Financial provisions\n29\tCoast Protection Fund\n30\tPower to borrow\n31\tAccounts and audit\n32\tContribution towards works to be performed by council\n32A\tGrants to councils for acquisition of land\n33\tContribution to works of the Board\nPart 7—Miscellaneous\n34\tRestricted area\n34A\tAppointment of wardens\n34B\tPowers of warden\n34C\tEvidentiary\n35\tReport\n36\tInquiry\n37\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Coast Protection Act 1972.\n4—Interpretation\nIn this Act, unless the contrary intention appears—\nAdelaide Dolphin Sanctuary has the same meaning as in the Adelaide Dolphin Sanctuary Act 2005;\nappointed member of the Board means a member of the Board appointed under paragraph (d) or paragraph (e) of subsection (1) of section 8 of this Act;\narea, in relation to a council—\n\t(a)\tbeing a council within the meaning of the Local Government Act 1934—means the area of the council within the meaning of that Act; or\n\t(b)\tbeing the West Beach Trust—means the foreshore within the meaning of the West Beach Recreation Reserve Act 1954;\ncoast means all land that is—\n\t(a)\twithin the mean high water mark and the mean low water mark on the seashore at spring tides; or\n\t(b)\tabove and within one hundred metres of that mean high water mark; or\n\t(c)\tbelow and within three nautical miles of that mean low water mark; or\n\t(d)\twithin any estuary, inlet, river, creek, bay or lake and subject to the ebb and flow of the tide; or\n\t(e)\tdeclared by regulation to constitute part of the coast for the purposes of this Act;\ncoast facility means any building, structure or works—\n\t(a)\tfor the use or enjoyment of those who may resort to the coast; or\n\t(b)\tof a kind declared by regulation to constitute a coast facility;\ncouncil means—\n\t(a)\ta council within the meaning of the Local Government Act 1934; or\n\t(b)\tthe West Beach Trust established under the West Beach Recreation Reserve Act 1954;\nmarine park has the same meaning as in the Marine Parks Act 2007;\nowner in relation to private land, means the holder of an estate or interest in the land;\nprivate land means—\n\t(a)\tland lawfully granted or contracted to be granted for an estate of freehold by or on behalf of the Crown; or\n\t(b)\tland subject to a perpetual lease lawfully granted by or on behalf of the Crown;\nrelevant Act means—\n\t(a)\tin relation to the Adelaide Dolphin Sanctuary—the Adelaide Dolphin Sanctuary Act 2005; or\n\t(b)\tin relation to a marine park—the Marine Parks Act 2007; or\n\t(c)\tin relation to the River Murray or the Murray‑Darling Basin—the River Murray Act 2003;\nrelevant Minister means—\n\t(a)\tin relation to the Adelaide Dolphin Sanctuary—the Minister to whom the administration of the Adelaide Dolphin Sanctuary Act 2005 is committed; or\n\t(b)\tin relation to a marine park—the Minister to whom the administration of the Marine Parks Act 2007 is committed; or\n\t(c)\tin relation to the River Murray or the Murray‑Darling Basin—the Minister to whom the administration of the River Murray Act 2003 is committed;\nrestricted area means any part of a coast protection district declared to be a restricted area under section 34;\nspecially protected area or resource means—\n\t(a)\tthe Adelaide Dolphin Sanctuary; or\n\t(b)\ta marine park; or\n\t(c)\tthe River Murray;\nstorm repairs means works for the repair of damage to the coast, or a coast facility, caused by storm or pollution;\nthe Board means the Coast Protection Board constituted under Part 2 of this Act;\nthe Court means the Supreme Court;\nwarden means a person who has been appointed under section 34A to be, or who is by virtue of his office as a member of the police force, a warden for the purposes of this Act;\nworks of a prescribed nature means building, construction, mining or excavation of a kind or extent declared by regulation to constitute works of a prescribed nature for the purposes of this Act or works changing the nature, configuration or use of the coast in a manner or to an extent prescribed by regulation.\n5—Act to bind the Crown\nThis Act binds the Crown.\nPart 2—Administration\n6—Establishment of Board\n\t(1)\tThere shall be a Board entitled the Coast Protection Board.\n\t(2)\tThe Board—\n\t(a)\tshall be a body corporate with perpetual succession and a common seal; and\n\t(b)\tshall be capable of acquiring, holding, selling and otherwise disposing of real and personal property; and\n\t(c)\tshall be capable of acquiring or incurring any other legal rights and liabilities, and of suing and being sued; and\n\t(d)\tshall hold its property on behalf of the Crown.\n\t(3)\tWhere an apparently genuine document purports to bear the common seal of the Board, it shall be presumed, in the absence of evidence to the contrary, that the common seal of the Board was duly affixed to that document.\n7—Control and direction of Board\nThe Board shall be subject to the control and direction of the Minister.\n8—Membership of Board\n\t(1)\tThe Board will consist of six members of whom—\n\t(a)\t1 will be the chief executive, or the nominee of the chief executive, of the administrative unit of the Public Service that is, under the Minister, responsible for the administration of this Act; and\n\t(b)\t1 will be the chief executive, or the nominee of the chief executive, of the administrative unit of the Public Service that is, under a Minister, responsible for the administration of the Harbors and Navigation Act 1993; and\n\t(c)\t1 will be the Chief Executive Officer, or the nominee of the Chief Executive Officer, of the South Australian Tourism Commission; and\n\t(d)\tthree will be persons appointed by the Minister—\n\t(i)\tone being a person who is qualified for membership of the Board by reason of extensive knowledge of, and experience in, local government; and\n\t(ii)\tone being a person who is qualified for membership of the Board by reason of extensive knowledge of, and experience in, the technical problems of coast protection; and\n\t(iii)\tone being a person who is qualified for membership of the Board by reason of extensive knowledge of, and experience in, biological sciences and environmental protection.\n\t(2)\tOne of the members of the Board must be appointed by the Minister to be the presiding member of the Board.\n\t(3)\tSubject to this Act, an appointed member of the Board shall be appointed for such term of office, not exceeding four years, as the Minister may determine and specifies in the instrument of his appointment and, upon the expiration of his term of office, shall be eligible for re-appointment.\n\t(4)\tIf any member of the Board is unable, or fails for any reason, to act in his capacity as a member of the Board, the Minister may appoint a suitable person to be a deputy of the member, and such a person, while so acting, shall be deemed to be a member of the Board, and shall have all the powers, authorities, duties and obligations of the member of whom he has been appointed a deputy.\n\t(5)\tThe Minister may remove an appointed member of the Board from office for—\n\t(a)\tmental or physical incapacity; or\n\t(b)\tneglect of duty; or\n\t(c)\tdishonourable conduct; or\n\t(d)\tany other cause considered sufficient by the Minister.\n\t(6)\tThe office of an appointed member of the Board shall become vacant if—\n\t(a)\the dies; or\n\t(b)\this term of office expires; or\n\t(c)\the resigns his office by written notice addressed to the Minister; or\n\t(d)\the is removed from office by the Minister pursuant to subsection (5) of this section.\n\t(7)\tUpon the office of an appointed member of the Board becoming vacant, a person shall be appointed in accordance with this Act, to the vacant office, but where the office of a member of the Board becomes vacant before the expiration of the term for which he was appointed, a person appointed in his place shall be appointed only for the balance of the term of his predecessor.\n9—Quorum etc\n\t(1)\tThree members of the Board shall constitute a quorum of the Board, and no business shall be transacted unless a quorum is present.\n\t(2)\tA decision carried by a majority of the votes cast by the members present at a meeting of the Board, shall be a decision of the Board.\n\t(3)\tThe presiding member shall preside at a meeting of the Board, and in the event of an equality of votes, shall have a second or casting vote.\n\t(4)\tIn the absence of the presiding member or a deputy of the presiding member from a meeting of the Board, the members present may elect one of their number to be the presiding member for that meeting, and a member so elected may perform and discharge the functions and obligations of the presiding member for that meeting.\n\t(5)\tSubject to this Act, the business of the Board shall be conducted in such manner as the Board determines.\n10—Validation of acts of Board\n\t(1)\tAn act or proceeding of the Board shall not be invalid by reason only of a vacancy in its membership and, notwithstanding the subsequent discovery of a defect in the appointment of a member, any such act or proceeding shall be as valid and effectual as if the member had been duly appointed.\n11—Allowances and expenses\nAn appointed member of the Board shall be entitled to receive such allowances and expenses as may be determined by the Minister.\n12—Secretary\n\t(1)\tThere is to be a Secretary to the Board.\n\t(2)\tThe Secretary is to be a Public Service employee.\n13—Board may use services or staff of administrative unit\nThe Board may, under an arrangement established by the Minister administering an administrative unit of the Public Service, make use of the services or staff of that administrative unit.\n13A—Delegation by Board\n\t(1)\tThe Board may, with the approval of the Minister, delegate any of its powers or functions.\n\t(2)\tA delegation under this section—\n\t(a)\tmay be made to—\n\t(i)\tthe presiding member or any other member of the Board; or\n\t(ii)\tthe secretary to the Board or any other officer engaged in the administration of this Act; and\n\t(b)\tmay be made subject to such conditions as the Board thinks fit; and\n\t(c)\tis revocable at will and does not derogate from the power of the Board to act itself in any matter.\n14—General duties of Board\n\t(1)\tThe functions of the Board are as follows:\n\t(a)\tto protect the coast from erosion, damage, deterioration, pollution and misuse; and\n\t(b)\tto restore any part of the coast that has been subjected to erosion, damage, deterioration, pollution or misuse; and\n\t(c)\tto develop any part of the coast for the purpose of aesthetic improvement, or for the purpose of rendering that part of the coast more appropriate for the use or enjoyment of those who may resort thereto; and\n\t(ca)\tto manage, maintain and, where appropriate, develop and improve coast facilities that are vested in, or are under the care, control and management of, the Board; and\n\t(d)\tto report to the Minister upon any matters that the Minister may refer to the Board for advice; and\n\t(e)\tto carry out research, to cause research to be carried out, or to contribute towards research, into matters relating to the protection, restoration or development of the coast; and\n\t(f)\tto perform such other functions assigned to the Board by or under this or any other Act.\n\t(2)\tThe Board may prepare and issue bulletins, memoranda, maps and plans for the information of the public.\n\t(3)\tThe Board must, if—\n\t(a)\ttaking any action within or in relation to a specially protected area or resource or the Murray‑Darling Basin; or\n\t(b)\ttaking any action under this or any other Act that is likely to have a direct impact on a specially protected area or resource,\ntake into account, and seek to further, the objects and objectives of the relevant Act.\n18—Advisory committees\n\t(1)\tThe Board may appoint such advisory committees as the Board considers necessary for the purpose of providing the Board with expert advice on matters pertinent to the protection, restoration or development of the coast.\n\t(2)\tA member of an advisory committee shall hold office upon such terms and conditions as may be determined by the Minister.\n\t(3)\tThe Board must, in acting under this section, comply with any guidelines issued by the Minister for the purposes of this section (which may include a requirement for the approval of the Minister before a Committee, or Committee of a specified class, may be established under subsection (1)).\nPart 3—Coast protection districts\n19—Constitution of coast protection districts\n\t(1)\tSubject to subsection (2) of this section, the Governor may, by proclamation—\n\t(a)\tconstitute any part of the coast defined or described in the proclamation as a coast protection district; or\n\t(b)\tassign a name to a coast protection district so constituted; or\n\t(c)\tamalgamate any two or more coast protection districts: or\n\t(d)\tvary or revoke a previous proclamation under this section.\n\t(2)\tA proclamation shall not be made under this section except upon the recommendation of the Board.\n\t(3)\tThe Board shall not make a recommendation under this section until it has invited representations from the councils (if any) for the areas comprising any portion of the proposed coast protection district, and has forwarded to the Minister a report upon any representations made by, any such council in respect of the proposals to constitute the coast protection district.\n20—Management plan\n\t(1)\tThe Board shall in respect of any coast protection district constituted under this Part, make an investigation, or cause an investigation to be made, in order to determine the most appropriate measures to be taken to protect, restore or develop the coast comprised in the coast protection district in the best interests of the public.\n\t(2)\tIn preparing a management plan, the Board shall consult with, and take into account the interests of, any council whose area comprises the whole or any part of the coast protection district.\n\t(3)\tUpon completion of an investigation, the Board shall prepare a management plan setting forth in general terms the measures that the Board considers necessary or expedient for the protection, restoration or development of the coast comprised in the coast protection district.\n\t(4)\tThe Board shall, upon completion of a management plan—\n\t(a)\tsend, or cause to be sent, to each council whose area comprises any portion of the coast protection district, a copy of the management plan; and\n\t(b)\tarrange for the display of the management plan in an office or offices readily accessible to members of the public; and\n\t(c)\tcause an advertisement to be published in a newspaper circulating generally throughout the State stating that the management plan may be inspected at the office or offices specified in the advertisement and that representations may be made to the Board in respect of the proposals contained in the plan at any time within a period specified in the advertisement, being a period expiring not less than two months after the date of the advertisement.\n\t(5)\tAny council to which a notice is sent under subsection (4) of this section, and any other person, may within the period specified in the advertisement published under that subsection, make written representations to the Board in respect of the proposals contained in the management plan.\n\t(6)\tThe Board shall consider the representations and may alter the management plan in such manner as it thinks fit.\n\t(7)\tThe Board shall, after consideration of the representations (if any) made in respect of the management plan, refer the statement with a summary of the representations, and the amendments (if any) made to the plan, to the Minister.\n\t(8)\tThe Minister may submit the management plan to the Governor.\n\t(9)\tThe Governor may, by proclamation, declare a management plan submitted to him under this section to be an approved management plan.\n\t(10)\tAn approved management plan may be varied or revoked by a subsequent management plan prepared and approved in accordance with this section.\n\t(11)\tThe Board shall supply each council whose area comprises any portion of a coast protection district with a copy of the management plan relating to that district, and shall at the request of any other person, and upon payment of the prescribed fee, supply him with a copy of a management plan.\n\t(12)\tIn preparing or reviewing a management plan that could affect a specially protected area or resource, the Board must consult with, and have regard to the views of, the relevant Minister.\nPart 4—Powers of Board\n21—Authorised works\n\t(1)\tThe Board is hereby authorised to execute all works in relation to land constituting or forming part of a coast protection district, as may be necessary or expedient for the purpose of implementing an approved management plan.\n\t(2)\tThe Board is hereby authorised to execute any works that are in the opinion of the Board necessary or expedient for the purpose of repairing or restoring any damage to any portion of the coast resulting from a storm, or from pollution.\n21A—Power to remove sand etc\nThe Board is authorised (and shall be deemed always to have been authorised) to remove sand and other material from one part of the coast (not being private land) to another part of the coast for the purpose of protecting, restoring and developing the coast or any part of the coast.\n22—Powers of acquisition\n\t(1)\tWhere the Board is satisfied that it is necessary or expedient to acquire any part of the coast—\n\t(a)\tfor the purpose of executing works authorised by this Act; or\n\t(b)\tfor any other purpose consistent with the functions and duties assigned to, or imposed upon, the Board under this Act,\nthe Board may, with the approval of the Minister, acquire any land constituting or forming part of, that part of the coast.\n\t(2)\tThe Land Acquisition Act 1969 shall apply in respect of the acquisition of land under subsection (1) of this section.\n\t(3)\tThe Board may, with the approval of the Minister—\n\t(a)\tsell, lease or otherwise dispose of land acquired under this section; or\n\t(b)\tby agreement with the council for the area in which the land is situated, place the land under the care, control and management of that council.\n23—Powers of entry\n\t(1)\tFor the purposes of this Act, any member of the Board, or any person authorised by the Board may—\n\t(a)\tenter and remain on any land with any assistants, vehicles, machinery or equipment; and\n\t(b)\tmake any inspection necessary for the purposes of this Act; and\n\t(c)\taffix or establish any trigonometrical stations, survey pegs, marks or poles and from time to time alter, remove or re-instate them; and\n\t(d)\tdig or bore into the land.\n\t(2)\tAt least seven days before any private land is entered pursuant to subsection (1) of this section, the Board must serve on the occupier of the land, or where there is no occupier, the owner of the land, a notice of intention to enter the land.\n\t(3)\tA person who—\n\t(a)\twilfully and without authorisation from the Board, interferes with any trigonometrical stations, survey pegs, marks or poles; or\n\t(b)\twilfully obstructs any person acting in accordance with this section,\nshall be guilty of an offence and liable to a penalty not exceeding $200.\n24—Temporary occupation\n\t(1)\tFor the purposes of this Act, a person authorised in writing by the Board may occupy and use any land constituting or forming part of the coast and may carry out upon that land any works authorised by this Act.\n\t(2)\tThe Board shall, at least seven days before private land is occupied pursuant to subsection (1) of this section, serve upon the occupier of the land, or if there is no occupier, upon the owner of the land, notice of its intention to exercise its powers of temporary occupation in relation to the land.\n\t(3)\tA person interested in the land may apply to the Court for an order that the authority acquire his interest in the land.\n\t(4)\tThe Court, if satisfied that it is just to do so, may order the Board to acquire the interest upon such terms and conditions as may be determined by the Court, and may make such incidental or consequential orders as the Court thinks fit.\n\t(5)\tAn authorisation of the Board under subsection (1) is not transferable.\n25—Compensation for entry or temporary occupation\n\t(1)\tA person interested in land that is entered or temporarily occupied pursuant to this Part may, at any time before the expiration of three months from the day on which the Board, or any person authorised by the Board, was last in occupation of, or upon, the land, by notice in writing served upon the Board, claim compensation.\n\t(2)\tIf after the expiration of three months from the day on which a notice was served under subsection (1) of this section, the Board and the claimant are not agreed upon the amount of compensation that should be paid, either the Board or the claimant may refer the matter to the Court for determination.\n\t(3)\tThe Court shall, upon the reference of any such matter, determine the amount of compensation that should be paid by the Board, and order the payment of that amount to the claimant.\n\t(4)\tThe compensation shall be determined in accordance with the appropriate provisions of the Land Acquisition Act 1969.\nPart 6—Financial provisions\n29—Coast Protection Fund\n\t(1)\tThere shall be a fund entitled the \"Coast Protection Fund\".\n\t(2)\tThe fund shall be established and maintained at the Treasury.\n\t(3)\tThe following moneys shall be paid into the fund:\n\t(a)\tall moneys appropriated by Parliament for the purposes of the fund; and\n\t(b)\tall moneys received or recovered by the Board in pursuance of the provisions of this Act.\n\t(4)\tThe fund shall be applied by the Board towards the costs incurred by the Board in the administration of this Act.\n30—Power to borrow\n\t(1)\tThe Board may borrow moneys—\n\t(a)\tfrom the Treasurer; or\n\t(b)\twith the consent of the Treasurer, from any other person.\n\t(2)\tThe Treasurer may guarantee the repayment of any moneys borrowed by the Board under paragraph (b) of subsection (1) of this section, and any interest thereon.\n\t(3)\tThe Treasurer is hereby authorised, without further appropriation, to satisfy any liability arising under any such guarantee out of the General Revenue of the State.\n31—Accounts and audit\n\t(1)\tThe Board shall cause proper accounts to be kept of its financial affairs.\n\t(2)\tThe Auditor-General may at any time, and shall at least once in each year, audit the accounts of the Board.\n32—Contribution towards works to be performed by council\n\t(1)\tWhere a council proposes to carry out works for the protection, restoration or development of any part of the coast and seeks a grant from the Board under this section, it shall apply to the Board for its approval of the proposed works.\n\t(2)\tWhere the Board approves the proposed works it may make a grant to the council under this section.\n\t(3)\tThe amount of the grant shall be determined by the Board subject to the following provisions:\n\t(a)\twhere the works consist in storm repairs, the grant may cover the whole or any portion of the cost to be incurred by the council; and\n\t(b)\tin any other case, the grant may cover up to four-fifths of the costs to be incurred by the council.\n32A—Grants to councils for acquisition of land\n\t(1)\tWhere a council proposes to acquire land forming part of the coast with a view to protecting, restoring or developing that land, the council may apply to the Board for a grant under this section.\n\t(2)\tIf the Board determines to make a grant to a council in pursuance of an application under subsection (1) of this section, the Board may make a grant to the council of an amount covering up to one-half of the cost incurred by the council in acquiring the land.\n33—Contribution to works of the Board\n\t(1)\tWhere the Board carries out works within the area of a council or the areas of two or more councils, or benefiting that area or those areas, for the protection, restoration or development of any part of the coast within a coast protection district the Board may recover, as a debt, from the council or councils contribution towards the expense incurred in carrying out those works.\n\t(2)\tThe amount of the contribution shall be determined by the Board subject to the following provisions:\n\t(a)\twhere the works consist in the provision of a coast facility, the contribution may be an amount of up to one-half of the expense incurred by the Board; and\n\t(b)\tin any other case the contribution may be an amount of up to one-fifth of the expense incurred by the Board.\n\t(3)\tWhere the works are carried out in the areas of two or more councils, or benefit the areas of two or more councils, the contribution to which the Board is entitled under this section may be apportioned between the councils in such manner as the Board may determine.\n\t(4)\tWhere the Board, acting with the approval of a council and in pursuance of its powers under this Act, acquires land within the area of the council, the Board may recover from the council, as a debt, a contribution, determined by the Board, not exceeding one-half of the cost incurred by the Board in acquiring the land.\nPart 7—Miscellaneous\n34—Restricted area\n\t(1)\tThe Minister may, by notice published in the Gazette, declare any part of a coast protection district to be a restricted area.\n\t(2)\tNo declaration shall be made under subsection (1) of this section in respect of private land, or land constituting a public road.\n\t(3)\tThe notice may contain such prohibitions and restrictions upon access to the area as the Minister thinks fit.\n\t(4)\tThe Board shall cause notices to be erected upon or in the vicinity of a restricted area informing the public of the prohibitions or restrictions upon access to the area.\n\t(5)\tA person who enters or remains upon a restricted area in contravention of any such prohibition or restriction shall be guilty of an offence and liable to a penalty not exceeding $200.\n34A—Appointment of wardens\n\t(1)\tThe Minister may, by instrument in writing, appoint—\n\t(a)\ta person appointed for the purposes of the administration of this Act; or\n\t(b)\tan officer or employee of a council; or\n\t(c)\tany other person,\nto be a warden for the purposes of this Act.\n\t(2)\tThe Minister may, in the instrument of appointment, limit the powers of a warden appointed under subsection (1) so that the powers are exercisable only in relation to an area specified by the Minister and any such limitation shall have effect according to its terms.\n\t(3)\tThe Minister shall issue to a warden appointed under subsection (1) an identity card in the prescribed form identifying the person and stating that he is a warden for the purposes of this Act.\n\t(4)\tWhere the powers of a warden have been limited pursuant to subsection (2), the identity card issued to the warden shall contain a statement of the limitation upon his powers.\n\t(5)\tEvery member of the police force is, by virtue of his office, a warden for the purposes of this Act.\n\t(6)\tA warden shall, upon demand by any person in relation to whom he is exercising or proposing to exercise any of his powers under this Act, produce his identity card, or, in the case of a warden who is a member of the police force not in uniform, his certificate of authority, for inspection by that person.\n34B—Powers of warden\n\t(1)\tA warden may—\n\t(a)\trequire a person whom he finds committing, or whom he suspects on reasonable grounds of having committed, an offence against this Act to state his full name and usual place of residence; or\n\t(b)\trequire a person to leave a restricted area.\n\t(2)\tA person shall not fail to comply with a requirement made of him by a warden under subsection (1).\nMaximum penalty: $200.\n\t(3)\tA person shall not hinder a warden in the exercise of his powers under subsection (1).\nMaximum penalty: $500.\n\t(4)\tA person shall not use abusive, threatening or insulting language to a warden acting in the exercise of his powers under subsection (1).\nMaximum penalty: $300.\n\t(5)\tA person shall not assault a warden acting in the exercise of his powers under subsection (1).\nMaximum penalty: $1 000 or imprisonment for three months.\n34C—Evidentiary\nIn any proceedings for an offence against this Act, an allegation in the complaint—\n\t(a)\tthat any act or omission subject to the charge related to or took place in any specified restricted area; or\n\t(b)\tthat a person named in the complaint was at a time specified in the complaint a warden,\nshall be accepted as proved in the absence of proof to the contrary.\n35—Report\n\t(1)\tThe Board shall on or before the thirty-first day of October in each year submit a report to the Minister upon the administration of this Act during the year ended on the preceding thirtieth day of June in that year.\n\t(2)\tThe Minister shall cause a copy of a report under this section to be laid before each House of Parliament within six sitting days if Parliament is then in session, or if not, within six sitting days after the commencement of the next session of Parliament.\n36—Inquiry\n\t(1)\tThe Minister may require the Board to make such inquiries pertinent to the administration of this Act as he considers necessary or expedient.\n\t(2)\tThe Board shall comply with any requirement under this section.\n37—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act, or as he considers necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1) of this section, those regulations may—\n\t(a)\tregulate the meetings and procedure of the Board; and\n\t(c)\tprescribe and provide for the recovery of fees for the purposes of this Act; and\n\t(d)\tprescribe penalties not exceeding one hundred dollars for breach of, or non‑compliance with, any regulation.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1972\n49\nCoast Protection Act 1972\n27.4.1972\n3.7.1972 (Gazette 29.6.1972 p2689)\n1975\n114\nCoast Protection Act Amendment Act 1975\n4.12.1975\n4.12.1975\n1978\n109\nHarbors Act Amendment Act 1978\n7.12.1978\n21.12.1978 (Gazette 21.12.1978 p2303)\n1982\n62\nStatutes Amendment (Planning) Act 1982\n1.7.1982\n4.11.1982 (Gazette 4.11.1982 p1304)\n1985\n22\nCoast Protection Act Amendment Act 1985\n28.3.1985\n23.5.1985 (Gazette 23.5.1985 p1690)\n1988\n19\nStatutes Amendment (Coast Protection and Native Vegetation Management) Act 1988\n14.4.1988\n28.4.1988 (Gazette 28.4.1988 p1066)\n1993\n54\nStatutes Repeal and Amendment (Development) Act 1993\n27.5.1993\n15.1.1994 (Gazette 27.10.1993 p1889)\n2003\n35\nRiver Murray Act 2003\n31.7.2003\nSch (cl 3)—24.11.2003 (Gazette 20.11.2003 p4203)\n2003\n44\nStatute Law Revision Act 2003\n23.10.2003\nSch 1—24.11.2003 (Gazette 13.11.2003 p4048)\n2005\n5\nAdelaide Dolphin Sanctuary Act 2005\n14.4.2005\nSch 2 (cll 5—7)—1.7.2005 (Gazette 2.6.2005 p1684)\n2007\n60\nMarine Parks Act 2007\n29.11.2007\nSch 1 (cll 5—7)—6.11.2008 (Gazette 6.11.2008 p5055)\n2009\n84\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 33 (ss 60—62)—1.2.2010 (Gazette 28.1.2010 p320)\n2011\n11\nStatutes Amendment (Personal Property Securities) Act 2011\n14.4.2011\nPt 4 (s 18)—16.6.2011 (Gazette 16.6.2011 p2610)\n2015\n8\nStatutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n18.6.2015\nPt 8 (ss 53—58)—1.7.2015 (Gazette 25.6.2015 p3076)\n2019\n45\nSupreme Court (Court of Appeal) Amendment Act 2019\n19.12.2019\nSch 1 (cl 7)—1.1.2021 (Gazette 10.12.2020 p5638)\n2025\n29\nBiodiversity Act 2025\n26.6.2025\nSch 5 (cl 9)—uncommenced\nProvisions amended since 3 February 1976\n\t•\tLegislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 2 of The Public General Acts of South Australia 1837-1975 at page 188.\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\ns 2\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 3\nomitted under Legislation Revision and Publication Act 2002\n24.11.2003\ns 4\n\n\nAdelaide Dolphin Sanctuary\ninserted by 5/2005 Sch 2 (cl 5)\n1.7.2005\nappointed member\namended by 8/2015 s 53(1)\n1.7.2015\narea\ninserted by 22/1985 s 3(a)\n23.5.1985\nconsultative committee\ndeleted by 8/2015 s 53(2)\n1.7.2015\ncouncil\ninserted by 22/1985 s 3(b)\n23.5.1985\nmarine park\ninserted by 60/2007 Sch 1 cl 5(1)\n6.11.2008\nrelevant Act\ninserted by 60/2007 Sch 1 cl 5(2)\n6.11.2008\nrelevant Minister\ninserted by 60/2007 Sch 1 cl 5(2)\n6.11.2008\nrestricted area\ninserted by 22/1985 s 3(c)\n23.5.1985\nspecially protected area or resource\ninserted by 60/2007 Sch 1 cl 5(3)\n6.11.2008\nthe Court\namended by 45/2019 Sch 1 cl 7\n1.1.2021\nthe Planning Appeal Board\ndeleted by 62/1982 s 3(3) (Sch Pt 3) \n4.11.1982\nthe Planning Appeal Tribunal\ninserted by 62/1982 s 3(3) (Sch Pt 3)\n4.11.1982\n\ndeleted by 54/1993 s 7(a)\n15.1.1994\nwarden\ninserted by 22/1985 s 3(d)\n23.5.1985\nPt 2\n\n\ns 8\n\n\ns 8(1)\namended by 62/1982 s 3(3) (Sch Pt 3)\n4.11.1982\n\nsubstituted by 19/1988 s 3(a)\n28.4.1988\n\namended by 84/2009 s 60\n1.2.2010\n\namended by 8/2015 s 54\n1.7.2015\ns 8(2)\nsubstituted by 62/1982 s 3(3) (Sch Pt 3)\n4.11.1982\n\nsubstituted by 19/1988 s 3(a)\n28.4.1988\n\namended by 8/2015 s 54\n1.7.2015\ns 8(3)—(6)\namended by 8/2015 s 54\n1.7.2015\ns 9\n\n\ns 9(3)\namended by 19/1988 s 3(b)\n28.4.1988\ns 9(4)\nsubstituted by 19/1988 s 3(c)\n28.4.1988\ns 10\n\n\ns 10(2)\ndeleted by 84/2009 s 61\n1.2.2010\ns 11\namended by 8/2015 s 55\n1.7.2015\ns 12 before substitution by 84/2009 \n\n\ns 12(1) and (2)\namended by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 12\nsubstituted by 84/2009 s 62\n1.2.2010\ns 13 before substitution by 84/2009 \n\n\ns 13(1) and (2)\namended by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 13\nsubstituted by 84/2009 s 62\n1.2.2010\ns 13A\ninserted by 22/1985 s 4\n23.5.1985\ns 13A(2)\namended by 19/1988 s 3(d)\n28.4.1988\ns 14\n\n\ns 14(1)\namended by 109/1978 s 39(1)\n21.12.1978\n\namended by 35/2003 Sch cl 3(a), (b)\n24.11.2003\ns 14(3)\ninserted by 35/2003 Sch cl 3(c)\n24.11.2003\n\nsubstituted by 60/2007 Sch 1 cl 6\n6.11.2008\ns 14(4)\ninserted by 5/2005 Sch 2 (cl 6)\n1.7.2005\n\ndeleted by 60/2007 Sch 1 cl 6\n6.11.2008\nheading preceding s 15\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 15—17\ndeleted by 8/2015 s 56\n1.7.2015\nheading preceding s 18\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 18\n\n\ns 18(3)\ninserted by 8/2015 s 57\n1.7.2015\nPt 3\n\n\ns 20\n\n\ns 20(4)\namended by 22/1985 s 5(a)\n23.5.1985\ns 20(5)\namended by 22/1985 s 5(b)\n23.5.1985\ns 20(12)\ninserted by 35/2003 Sch cl 3(d)\n24.11.2003\n\nsubstituted by 60/2007 Sch 1 cl 7\n6.11.2008\ns 20(13)\ninserted by 5/2005 Sch 2 (cl 7)\n1.7.2005\n\ndeleted by 60/2007 Sch 1 cl 7\n6.11.2008\nPt 4\n\n\ns 21A\ninserted by 22/1985 s 6\n23.5.1985\ns 22\n\n\ns 22(2)\namended by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 24\n\n\ns 24(5)\ninserted by 11/2011 s 18\n16.6.2011\ns 25\n\n\ns 25(4)\namended by 44/2003 s 3(1) (Sch 1)\n24.11.2003\nPt 5\namended by 62/1982 s 3(3) (Sch Pt 3)\n4.11.1982\n\namended by 22/1985 s 7\n23.5.1985\n\ndeleted by 54/1993 s 7(b)\n15.1.1994\nPt 7\n\n\ns 34\n\n\ns 34(5)\namended by 22/1985 s 8\n23.5.1985\nss 34A—34C\ninserted by 22/1985 s 9\n23.5.1985\ns 34D\ninserted by 22/1985 s 9\n23.5.1985\n\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 37\n\n\ns 37(2)\namended by 62/1982 s 3(3) (Sch Pt 3)\n4.11.1982\n\n(b) deleted by 54/1993 s 7(c)\n15.1.1994\n\namended by 8/2015 s 58\n1.7.2015\nHistorical versions\nReprint No 1—1.7.1991\n\nReprint No 2—15.1.1994\n\nReprint No 3—24.11.2003\n\n1.7.2005\n\n6.11.2008\n\n1.2.2010\n\n16.6.2011\n\n1.7.2015\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act’s scope has expanded since its original 1972 form. Later amendments added express interaction with other environmental regimes (definitions and obligations relating to the Adelaide Dolphin Sanctuary, marine parks and the River Murray/Murray‑Darling Basin and the requirement to have regard to the objects of those Acts) (see s 4 definitions; s 14(3)/s 20(12)). The Board’s operational powers were broadened (explicit power to move sand - s 21A) and administrative mechanisms were added or clarified (wardens and restricted-area powers – ss 34–34C; grants to councils and specific contribution rules – ss 32, 32A, 33). These insertions extend the Act beyond a narrow coast-erosion/engineering mandate to an instrument that must operate alongside other environmental protection regimes and local government funding arrangements, increasing the Act’s substantive and institutional reach."},"complexity_factors":["Approximately 18 defined terms in the interpretation section (s 4) which affect scope and cross-application","Multiple cross-references to other statutes (Land Acquisition Act 1969; Adelaide Dolphin Sanctuary Act 2005; Marine Parks Act 2007; River Murray Act 2003) increasing legal interdependence","Ministerial discretions at many points (appointments, directions, approval of acquisitions and delegations, declarations of restricted areas) (ss 7, 8, 13A, 19, 22, 34)","Procedural, conditional planning steps for management plans (investigation, public display, two-month representation period, Minister/Governor proclamation) (s 20)","Mixed financial regimes with grants, recoverable contributions, a dedicated fund, and borrowing powers with Treasurer guarantee (ss 29–33, 30)","Entry/occupation/acquisition regime with notice rules, compensation windows and Court referral processes (ss 23–25)","Delegation and delegation-approval requirements with revocability (s 13A)","Multiple small criminal/penalty provisions and evidentiary presumptions (ss 23(3), 34(5), 34B, 34C)"],"plain_english_summary":"The Act creates a Crown‑held Coast Protection Board to plan, fund and carry out beach and coastal conservation, restoration and development through district management plans and on‑the‑ground works. It gives the Board powers to enter, temporarily occupy, acquire land, move sand, and seek council contributions or grants, while providing notice and a compensation route for private owners. The Minister controls appointments, directions and restricted areas, so the law reshapes who pays, who decides and how coastal risks and activities are managed."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not accessible. The page returned was an error notice from the South Australian legislation website, containing no substantive legal content to evaluate."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 error page, not actual legislation","Complexity cannot be meaningfully assessed without access to the Act's provisions","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"**No legislation could be analysed.**\n\nThe link provided did not return the actual text of the *Coast Protection Act 1972* (SA). Instead, it returned a **404 'Page Not Found' error** from the South Australian legislation website, likely because the URL is outdated following a website update on 24 March 2026.\n\n**What this means for you:** No legal analysis can be reliably produced from this content. If you need to read or understand the *Coast Protection Act 1972* (SA), try:\n- Visiting [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and searching directly for the Act by name\n- Emailing the Office of Parliamentary Counsel at OPCWeb@sa.gov.au to report the broken link\n- Updating any bookmarks or hyperlinks created before 24 March 2026"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 1972 Act focused on coastal erosion and protection. Over 50+ years of amendments, the scope has expanded significantly to include: (1) integration with modern environmental frameworks (Adelaide Dolphin Sanctuary 2005, Marine Parks 2007, River Murray Act 2003), requiring the Board to consider 'specially protected areas'; (2) addition of warden enforcement powers and restricted areas (1985); (3) explicit powers to manage 'coast facilities' for public enjoyment; (4) removal of outdated provisions like the Planning Appeal Tribunal references; and (5) modernisation of governance structures (delegation powers, public sector arrangements). The Act has evolved from a simple coastal engineering statute to a broader environmental management tool."},"complexity_factors":["15 defined terms in the interpretation section, including complex nested definitions for 'coast' (spanning 5 sub-paragraphs covering tidal zones, 100m inland, 3 nautical miles offshore, and estuaries)","Cross-references to 6 other Acts (Local Government Act 1934, Harbors and Navigation Act 1993, Land Acquisition Act 1969, Adelaide Dolphin Sanctuary Act 2005, Marine Parks Act 2007, River Murray Act 2003)","Multiple conditional funding formulas in Part 6 (e.g., 'four-fifths' for general works, 'one-half' for land acquisition, different rates for storm repairs)","Layered approval processes requiring Governor's proclamation, Ministerial approval, and Board recommendations for various actions","Specific procedural requirements with time limits (e.g., 7 days notice for entry, 3 months for compensation claims, 2 months for public consultation on management plans)","Exception clauses excluding private land and public roads from restricted area declarations"],"plain_english_summary":"This legislation establishes a system for protecting South Australia's coastline. It creates the **Coast Protection Board**—a government body with six members including experts in local government, coastal engineering, and environmental science. The Board's job is to prevent erosion, repair storm damage, clean up pollution, and improve coastal areas for public enjoyment.\n\n**Key things the Act does:**\n\n*   **Creates protection districts**: The Board can recommend areas be declared \"coast protection districts\" with special management plans.\n*   **Powers to act**: The Board can enter private land (with notice), temporarily occupy coastal areas, acquire land if necessary, and move sand between beaches to combat erosion.\n*   **Funding arrangements**: It establishes a Coast Protection Fund and allows the Board to give grants to local councils for coastal works—covering up to 80% of costs for most projects, or 100% for storm repairs. Councils may also be asked to contribute to Board projects.\n*   **Enforcement**: \"Wardens\" (including police) can enforce rules in restricted areas, ask for names and addresses, and order people to leave.\n*   **Protects other areas**: The Board must consider impacts on specially protected areas like the Adelaide Dolphin Sanctuary, marine parks, and the River Murray when making decisions.\n\n**Who it affects:** Local councils, coastal property owners, beach users, and anyone conducting works near the coast. The Act binds the Crown, meaning it applies to government land too."}},"importantCases":[],"_links":{"self":"/api/acts/coast-protection-act-1972","history":"/api/acts/coast-protection-act-1972/history","analysis":"/api/acts/coast-protection-act-1972/analysis","conflicts":"/api/acts/coast-protection-act-1972/conflicts","importantCases":"/api/acts/coast-protection-act-1972/important-cases","documents":"/api/acts/coast-protection-act-1972/documents"}}