{"id":"nsw:act-2016-020","name":"Coastal Management Act 2016","slug":"coastal-management-act-2016","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"20 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29461,"registerId":"nsw-act-2016-020-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Coastal Management Act 2016](/view/html/inforce/current/act-2016-020).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Objects of this Act","content":"#### 3 Objects of this Act\n\n3 Objects of this Act\n\n> The objects of this Act are to manage the coastal environment of New South Wales in a manner consistent with the principles of ecologically sustainable development for the social, cultural and economic well-being of the people of the State, and in particular—\n> \n> > (a) to protect and enhance natural coastal processes and coastal environmental values including natural character, scenic value, biological diversity and ecosystem integrity and resilience, and\n> \n> > (b) to support the social and cultural values of the coastal zone and maintain public access, amenity, use and safety, and\n> \n> > (c) to acknowledge Aboriginal peoples’ spiritual, social, customary and economic use of the coastal zone, and\n> \n> > (d) to recognise the coastal zone as a vital economic zone and to support sustainable coastal economies, and\n> \n> > (e) to facilitate ecologically sustainable development in the coastal zone and promote sustainable land use planning decision-making, and\n> \n> > (f) to mitigate current and future risks from coastal hazards, taking into account the effects of climate change, and\n> \n> > (g) to recognise that the local and regional scale effects of coastal processes, and the inherently ambulatory and dynamic nature of the shoreline, may result in the loss of coastal land to the sea (including estuaries and other arms of the sea), and to manage coastal use and development accordingly, and\n> \n> > (h) to promote integrated and co-ordinated coastal planning, management and reporting, and\n> \n> > (i) to encourage and promote plans and strategies to improve the resilience of coastal assets to the impacts of an uncertain climate future including impacts of extreme storm events, and\n> \n> > (j) to ensure co-ordination of the policies and activities of government and public authorities relating to the coastal zone and to facilitate the proper integration of their management activities, and\n> \n> > (k) to support public participation in coastal management and planning and greater public awareness, education and understanding of coastal processes and management actions, and\n> \n> > (l) to facilitate the identification of land in the coastal zone for acquisition by public or local authorities in order to promote the protection, enhancement, maintenance and restoration of the environment of the coastal zone, and\n> \n> > (m) to support the objects of the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072).","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> > (1) In this Act—\n> > \n> > beach means an area that is generally composed of sand or pebbles or similar sediment that extends landwards from the lowest astronomical tide to the line of vegetation or bedrock or structure.\n> > \n> > beach fluctuation zone means the range of natural locations a beach profile occupies from its fully accreted condition to its fully eroded condition, with—\n> > \n> > > (a) a landward limit defined by the escarpment resulting from the erosion associated with a 1% storm event or a more extreme event of record, whichever is the greater landward limit, and\n> > \n> > > (b) a seaward limit that is the 40m depth seaward of the highest astronomical tide for the open coast and 10m depth seaward of the highest astronomical tide for estuaries or tidal coastal lakes.\n> > \n> > Note—\n> > \n> > The beach fluctuation zone ambulates as the coastline or estuary or coastal lake foreshore experiences net long-term recession or accretion due to changes in their sediment budgets.\n> > \n> > beach system means the processes that produce the beach fluctuation zone and the incipient foredunes and foredunes landward of the relevant beach.\n> > \n> > coastal hazard means the following—\n> > \n> > > (a) beach erosion,\n> > \n> > > (b) shoreline recession,\n> > \n> > > (c) coastal lake or watercourse entrance instability,\n> > \n> > > (d) coastal inundation,\n> > \n> > > (e) coastal cliff or slope instability,\n> > \n> > > (f) tidal inundation,\n> > \n> > > (g) erosion and inundation of foreshores caused by tidal waters and the action of waves, including the interaction of those waters with catchment floodwaters.\n> > \n> > coastal management area means an area of the coastal zone identified in Part 2.\n> > \n> > coastal management manual—see section 21.\n> > \n> > coastal management program means a coastal management program prepared and adopted under Part 3.\n> > \n> > coastal protection works means—\n> > \n> > > (a) beach nourishment activities or works, and\n> > \n> > > (b) activities or works to reduce the impact of coastal hazards on land adjacent to tidal waters, including (but not limited to) seawalls, revetments and groynes.\n> > \n> > coastal sediment compartment means an area of the coast defined by its sediment flows and landforms.\n> > \n> > coastal zone—see section 5.\n> > \n> > coastal zone emergency action subplan means a part of a coastal management program as referred to in section 15 (3).\n> > \n> > Department means the Department of Climate Change, Energy, the Environment and Water.\n> > \n> > ecologically sustainable development has the same meaning as in section 6 (2) of the [Protection of the Environment Administration Act 1991](/view/html/inforce/current/act-1991-060).\n> > \n> > electricity supply authority means a person or body engaged in the distribution of electricity to the public or in the generation of electricity for supply, directly or indirectly, to the public, whether by statute, franchise agreement or otherwise, and includes—\n> > \n> > > (a) an energy services corporation within the meaning of the [Energy Services Corporations Act 1995](/view/html/inforce/current/act-1995-095), and\n> > \n> > > (b) a transmission operator or distributor (in each case within the meaning of the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094)), and\n> > \n> > > (c) (Repealed)\n> > \n> > > (d) the Water Administration Ministerial Corporation constituted under the [Water Management Act 2000](/view/html/inforce/current/act-2000-092).\n> > \n> > essential infrastructure includes infrastructure for the following purposes—\n> > \n> > > (a) electricity generation, transmission and distribution,\n> > \n> > > (b) telecommunications,\n> > \n> > > (c) rail,\n> > \n> > > (d) roads,\n> > \n> > > (e) gas,\n> > \n> > > (f) sewerage systems, water supply systems or stormwater management systems,\n> > \n> > > (g) airports, ports, shipping and harbours.\n> > \n> > estuary means any part of a river, lake, lagoon or coastal creek whose level is periodically or intermittently affected by coastal tides, up to the highest astronomical tide.\n> > \n> > foreshore means the area of land between the highest astronomical tide and the lowest astronomical tide.\n> > \n> > function includes a power, authority or duty, and exercise a function includes perform a duty.\n> > \n> > management objectives, for a coastal management area, are the management objectives for the area set out under Part 2.\n> > \n> > NSW Coastal Council means the NSW Coastal Council established under Part 4.\n> > \n> > public authority means a Minister of the Crown of the State, a State owned corporation, an electricity supply authority, a Public Service agency, a local council and any other public or local authority constituted by or under any Act, and includes any person or body prescribed by the regulations.\n> > \n> > surf zone means the area from the line of the outer most breaking waves to the limit of wave run up on the beach.\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) Notes included in this Act do not form part of this Act.\n> \n> **s 4:** Am 2017 No 12, Sch 2.2; 2024 No 47, Sch 1.10\\[1\\].","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Coastal zone and management objectives for coastal management areas","content":"# Part 2 Coastal zone and management objectives for coastal management areas\n\nPart 2 Coastal zone and management objectives for coastal management areas","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Coastal zone","content":"#### 5 Coastal zone\n\n5 Coastal zone\n\n> In this Act, the coastal zone means the area of land comprised of the following coastal management areas—\n> \n> > (a) the coastal wetlands and littoral rainforests area,\n> \n> > (b) the coastal vulnerability area,\n> \n> > (c) the coastal environment area,\n> \n> > (d) the coastal use area.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Coastal wetlands and littoral rainforests area","content":"#### 6 Coastal wetlands and littoral rainforests area\n\n6 Coastal wetlands and littoral rainforests area\n\n> > (1) The coastal wetlands and littoral rainforests area means the land identified by a State environmental planning policy to be the coastal wetlands and littoral rainforests area for the purposes of this Act, being land which displays the hydrological and floristic characteristics of coastal wetlands or littoral rainforests and land adjoining those features.\n> \n> > (2) The management objectives for the coastal wetlands and littoral rainforests area are as follows—\n> > \n> > > (a) to protect coastal wetlands and littoral rainforests in their natural state, including their biological diversity and ecosystem integrity,\n> > \n> > > (b) to promote the rehabilitation and restoration of degraded coastal wetlands and littoral rainforests,\n> > \n> > > (c) to improve the resilience of coastal wetlands and littoral rainforests to the impacts of climate change, including opportunities for migration,\n> > \n> > > (d) to support the social and cultural values of coastal wetlands and littoral rainforests,\n> > \n> > > (e) to promote the objectives of State policies and programs for wetlands or littoral rainforest management.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Coastal vulnerability area","content":"#### 7 Coastal vulnerability area\n\n7 Coastal vulnerability area\n\n> > (1) The coastal vulnerability area means the land identified by a State environmental planning policy to be the coastal vulnerability area for the purposes of this Act, being land subject to coastal hazards.\n> \n> > (2) The management objectives for the coastal vulnerability area are as follows—\n> > \n> > > (a) to ensure public safety and prevent risks to human life,\n> > \n> > > (b) to mitigate current and future risk from coastal hazards by taking into account the effects of coastal processes and climate change,\n> > \n> > > (c) to maintain the presence of beaches, dunes and the natural features of foreshores, taking into account the beach system operating at the relevant place,\n> > \n> > > (d) to maintain public access, amenity and use of beaches and foreshores,\n> > \n> > > (e) to encourage land use that reduces exposure to risks from coastal hazards, including through siting, design, construction and operational decisions,\n> > \n> > > (f) to adopt coastal management strategies that reduce exposure to coastal hazards—\n> > > \n> > > > (i) in the first instance and wherever possible, by restoring or enhancing natural defences including coastal dunes, vegetation and wetlands, and\n> > > \n> > > > (ii) if that is not sufficient, by taking other action to reduce exposure to those coastal hazards,\n> > \n> > > (g) if taking that other action to reduce exposure to coastal hazards—\n> > > \n> > > > (i) to avoid significant degradation of biological diversity and ecosystem integrity, and\n> > > \n> > > > (ii) to avoid significant degradation of or disruption to ecological, biophysical, geological and geomorphological coastal processes, and\n> > > \n> > > > (iii) to avoid significant degradation of or disruption to beach and foreshore amenity and social and cultural values, and\n> > > \n> > > > (iv) to avoid adverse impacts on adjoining land, resources or assets, and\n> > > \n> > > > (v) to provide for the restoration of a beach, or land adjacent to the beach, if any increased erosion of the beach or adjacent land is caused by actions to reduce exposure to coastal hazards,\n> > \n> > > (h) to prioritise actions that support the continued functionality of essential infrastructure during and immediately after a coastal hazard emergency,\n> > \n> > > (i) to improve the resilience of coastal development and communities by improving adaptive capacity and reducing reliance on emergency responses.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Coastal environment area","content":"#### 8 Coastal environment area\n\n8 Coastal environment area\n\n> > (1) The coastal environment area means the land identified by a State environmental planning policy to be the coastal environment area for the purposes of this Act, being land containing coastal features such as the coastal waters of the State, estuaries, coastal lakes, coastal lagoons and land adjoining those features, including headlands and rock platforms.\n> \n> > (2) The management objectives for the coastal environment area are as follows—\n> > \n> > > (a) to protect and enhance the coastal environmental values and natural processes of coastal waters, estuaries, coastal lakes and coastal lagoons, and enhance natural character, scenic value, biological diversity and ecosystem integrity,\n> > \n> > > (b) to reduce threats to and improve the resilience of coastal waters, estuaries, coastal lakes and coastal lagoons, including in response to climate change,\n> > \n> > > (c) to maintain and improve water quality and estuary health,\n> > \n> > > (d) to support the social and cultural values of coastal waters, estuaries, coastal lakes and coastal lagoons,\n> > \n> > > (e) to maintain the presence of beaches, dunes and the natural features of foreshores, taking into account the beach system operating at the relevant place,\n> > \n> > > (f) to maintain and, where practicable, improve public access, amenity and use of beaches, foreshores, headlands and rock platforms.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Coastal use area","content":"#### 9 Coastal use area\n\n9 Coastal use area\n\n> > (1) The coastal use area means the land identified by a State environmental planning policy to be the coastal use area for the purposes of this Act, being land adjacent to coastal waters, estuaries, coastal lakes and lagoons where development is or may be carried out (at present or in the future).\n> \n> > (2) The management objectives for the coastal use area are as follows—\n> > \n> > > (a) to protect and enhance the scenic, social and cultural values of the coast by ensuring that—\n> > > \n> > > > (i) the type, bulk, scale and size of development is appropriate for the location and natural scenic quality of the coast, and\n> > > \n> > > > (ii) adverse impacts of development on cultural and built environment heritage are avoided or mitigated, and\n> > > \n> > > > (iii) urban design, including water sensitive urban design, is supported and incorporated into development activities, and\n> > > \n> > > > (iv) adequate public open space is provided, including for recreational activities and associated infrastructure, and\n> > > \n> > > > (v) the use of the surf zone is considered,\n> > \n> > > (b) to accommodate both urbanised and natural stretches of coastline.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Matters relating to identification of coastal management areas","content":"#### 10 Matters relating to identification of coastal management areas\n\n10 Matters relating to identification of coastal management areas\n\n> > (1) LEPs may amend SEPPs to identify coastal management areas For the avoidance of doubt, a local environmental plan under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) may amend a State environmental planning policy under that Act to identify a coastal management area (or part of such an area) for the purposes of this Act.\n> > \n> > Note—\n> > \n> > The [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), Division 3.4 deals with the making of local environmental plans, including the preparation and submission of planning proposals for the making of local environmental plans by councils and other relevant planning authorities.\n> \n> > (2) Recommendation of Minister required A provision of an environmental planning instrument under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) that identifies a coastal management area (or part of such an area) for the purposes of this Act must not be made without the recommendation of the Minister administering this Act.\n> \n> > (3) Hierarchy of management objectives if overlapping A single parcel of land may be identified by a State environmental planning policy as being within different coastal management areas. However, in such a case, if the management objectives of the areas are inconsistent, the management objectives of the highest of the following coastal management areas (set out highest to lowest) prevail to the extent of the inconsistency—\n> > \n> > > (a) the coastal wetlands and littoral rainforests area,\n> > \n> > > (b) the coastal vulnerability area,\n> > \n> > > (c) the coastal environment area,\n> > \n> > > (d) the coastal use area.\n> \n> **s 10:** Am 2023 No 35, Sch 1.5\\[1\\].","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"Coastal management programs and manual","content":"# Part 3 Coastal management programs and manual\n\nPart 3 Coastal management programs and manual","sortOrder":12},{"sectionNumber":"Division 1","sectionType":"division","heading":"Application of Part","content":"## Division 1 Application of Part\n\nDivision 1 Application of Part","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Part applies to local councils with land within coastal zone","content":"#### 11 Part applies to local councils with land within coastal zone\n\n11 Part applies to local councils with land within coastal zone\n\n> This Part applies to—\n> \n> > (a) a local council whose local government area, or part of whose local government area, is included within the coastal zone, and\n> \n> > (b) any other public authority that exercises functions in connection with the coastal zone.","sortOrder":14},{"sectionNumber":"Division 2","sectionType":"division","heading":"Coastal management programs","content":"## Division 2 Coastal management programs\n\nDivision 2 Coastal management programs","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Purpose of coastal management programs","content":"#### 12 Purpose of coastal management programs\n\n12 Purpose of coastal management programs\n\n> The purpose of a coastal management program is to set the long-term strategy for the co-ordinated management of land within the coastal zone with a focus on achieving the objects of this Act.","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Requirement for coastal management programs","content":"#### 13 Requirement for coastal management programs\n\n13 Requirement for coastal management programs\n\n> > (1) A local council may, and must, if directed to do so by the Minister, prepare a coastal management program in accordance with this Part.\n> > \n> > Note—\n> > \n> > See sections 20 and 30 regarding a failure of the local council to comply with a direction of the Minister.\n> \n> > (2) A coastal management program may be made in relation to the whole, or any part, of the area included within the coastal zone.\n> \n> > (3) A direction under this section may specify the time within which the direction must be complied with.","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Preparation of coastal management programs","content":"#### 14 Preparation of coastal management programs\n\n14 Preparation of coastal management programs\n\n> > (1) A local council is to prepare a coastal management program in accordance with the coastal management manual.\n> \n> > (2) The Minister may, by notice in writing given to a local council, direct the local council in its preparation of a coastal management program. A direction under this subsection prevails to the extent of any inconsistency between it and the coastal management manual.\n> > \n> > Note—\n> > \n> > See sections 20 and 30 regarding a failure of the local council to comply with a direction of the Minister.\n> \n> > (3) In preparing a coastal management program, a local council must—\n> > \n> > > (a) consider and promote the objects of this Act, and\n> > \n> > > (b) give effect to the management objectives for the coastal management areas covered by the program, and\n> > \n> > > (c) consider the State and regional policies and plans prescribed by the regulations for the purposes of this section.\n> \n> > (4) A direction under this section may specify the time within which the direction must be complied with.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Matters to be dealt with in coastal management program","content":"#### 15 Matters to be dealt with in coastal management program\n\n15 Matters to be dealt with in coastal management program\n\n> > (1) A coastal management program must—\n> > \n> > > (a) identify the coastal management issues affecting the areas to which the program is to apply, and\n> > \n> > > (b) identify the actions required to address those coastal management issues in an integrated and strategic manner, and\n> > \n> > > (c) identify how and when those actions are to be implemented, including those to be implemented by local councils under Chapter 13 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), those to be implemented under environmental planning instruments and development control plans under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) and those to be implemented by public authorities (other than the local council), and\n> > \n> > > (d) identify the costs of those actions and proposed cost-sharing arrangements and other viable funding mechanisms for those actions to ensure the delivery of those actions is consistent with the timing for their implementation under the coastal management program, and\n> > \n> > > (e) if the local council’s local government area contains land within the coastal vulnerability area and beach erosion, coastal inundation or cliff instability is occurring on that land, include a coastal zone emergency action subplan.\n> \n> > (2) A coastal management program may also include other matters as may be authorised or permitted by the coastal management manual.\n> \n> > (3) A coastal zone emergency action subplan is a plan that outlines the roles and responsibilities of all public authorities (including the local council) in response to emergencies immediately preceding or during periods of beach erosion, coastal inundation or cliff instability, where the beach erosion, coastal inundation or cliff instability occurs through storm activity or an extreme or irregular event. For the purposes of this subsection, those roles and responsibilities include the carrying out of works for the protection of property affected or likely to be affected by beach erosion, coastal inundation or cliff instability.\n> \n> > (4) A coastal management program must not include the following—\n> > \n> > > (a) matters dealt with in any plan made under the [State Emergency and Rescue Management Act 1989](/view/html/inforce/current/act-1989-165) in relation to the response to emergencies,\n> > \n> > > (b) proposed actions or activities to be carried out by any public authority or relating to any land or other assets owned or managed by a public authority, unless the public authority has agreed to the inclusion of those proposed actions or activities in the program.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Consultation","content":"#### 16 Consultation\n\n16 Consultation\n\n> > (1) Before adopting a coastal management program, a local council must consult on the draft program with—\n> > \n> > > (a) the community, and\n> > \n> > > (b) if the local council’s local government area contains—\n> > > \n> > > > (i) land within the coastal vulnerability area, any local council whose local government area contains land within the same coastal sediment compartment (as specified in Schedule 1), and\n> > > \n> > > > (ii) an estuary that is within 2 or more local government areas (as specified in Schedule 1), the other local councils, and\n> > \n> > > (c) other public authorities if the coastal management program—\n> > > \n> > > > (i) proposes actions or activities to be carried out by that public authority, or\n> > > \n> > > > (ii) proposes specific emergency actions or activities to be carried out by a public authority under the coastal zone emergency action subplan, or\n> > > \n> > > > (iii) relates to, affects or impacts on any land or assets owned or managed by that public authority.\n> \n> > (2) Consultation under this section is to be undertaken in accordance with the relevant provisions of the coastal management manual.\n> \n> > (3) A failure to comply with this section does not invalidate a coastal management program.\n> \n> > (4) The regulations may amend Schedule 1.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Adoption, certification and gazettal of coastal management program","content":"#### 17 Adoption, certification and gazettal of coastal management program\n\n17 Adoption, certification and gazettal of coastal management program\n\n> > (1) A local council may adopt a draft coastal management program and submit it to the Minister for certification under this section.\n> \n> > (2) The Minister may certify, or refuse to certify, that the draft coastal management program submitted to the Minister has been prepared in accordance with the requirements of this Part and the coastal management manual.\n> \n> > (3) The local council, after the coastal management program has been certified by the Minister, must publish it in the Gazette.\n> \n> > (4) A coastal management program takes effect on the date on which it is published in the Gazette or, if a later date is specified in the program for its commencement, on the later date so specified.\n> \n> Note—\n> \n> Section 733 (2) of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) provides that a local council does not incur any liability in respect of—\n> \n> > (a) any advice furnished in good faith by the council relating to the likelihood of any land in the coastal zone being affected by a coastline hazard (as described in the coastal management manual) or the nature or extent of any such hazard, or\n> \n> > (b) anything done or omitted to be done in good faith by the council in so far as it relates to the likelihood of land being so affected.\n> \n> Also, section 733 (4) (b) provides that a council is, unless the contrary is proved, taken to have acted in good faith for the purposes of that section if the advice was furnished, or the thing was done or omitted to be done substantially in accordance with the principles and mandatory requirements set out in the coastal management manual.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Review, amendment and replacement of coastal management programs","content":"#### 18 Review, amendment and replacement of coastal management programs\n\n18 Review, amendment and replacement of coastal management programs\n\n> > (1) A local council is to ensure that its coastal management program is reviewed at least once every 10 years. The review is to be undertaken in accordance with the coastal management manual.\n> \n> > (2) A coastal management program may, at any time, be amended (in whole or in part) by another coastal management program.\n> \n> > (3) A coastal management program may, at any time, be replaced by another coastal management program.\n> \n> > (4) Following a review, a local council may, by notice published in the Gazette, repeal a coastal management program.","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Availability of coastal management programs","content":"#### 19 Availability of coastal management programs\n\n19 Availability of coastal management programs\n\n> > (1) A copy of a coastal management program must be available for inspection by the public without charge at the office of the local council during ordinary office hours.\n> \n> > (2) A copy of a coastal management program must be available for public inspection on the website of the local council within 7 days of its publication in the Gazette.","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Minister to prepare coastal management programs in certain circumstances","content":"#### 20 Minister to prepare coastal management programs in certain circumstances\n\n20 Minister to prepare coastal management programs in certain circumstances\n\n> > (1) If—\n> > \n> > > (a) a local council has failed to comply with a direction under this Part, or\n> > \n> > > (b) the Minister has refused to certify a draft coastal management program under section 17,\n> > \n> > the Minister may prepare and adopt a coastal management program for the local council as if the Minister were the local council.\n> \n> > (2) The provisions of this Part apply, subject to the regulations with all necessary modifications, to the Minister in the preparation and adoption of the coastal management program.\n> \n> > (3) A coastal management program certified by the Minister and adopted under this section is taken to have been adopted by the local council in accordance with this Part.\n> \n> > (4) The Minister is to seek the advice of the NSW Coastal Council in the preparation and adoption of a coastal management program under this section.\n> \n> > (5) The local council is to co-operate with the Minister in the preparation and adoption of the coastal management program.\n> \n> > (6) The Minister may, by notice in writing given to a local council, require the local council to provide the Minister with such information or records (or both) as the notice requires in connection with the preparation and adoption of the coastal management program.\n> \n> > (7) A local council is to comply with a notice given under this section.\n> \n> > (8) The Minister may recover from the local council concerned the costs of the Minister in carrying out functions under this section as a debt in any court of competent jurisdiction.\n> \n> > (9) Nothing in this section prevents the Minister from reporting any failure by a local council to comply with a direction under section 13 (1) or 14 (2) to the Minister administering the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) in accordance with section 30.","sortOrder":24},{"sectionNumber":"Division 3","sectionType":"division","heading":"Coastal management manual","content":"## Division 3 Coastal management manual\n\nDivision 3 Coastal management manual","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Coastal management manual","content":"#### 21 Coastal management manual\n\n21 Coastal management manual\n\n> > (1) The Minister is to publish a coastal management manual for the purposes of this Act.\n> \n> > (2) The manual is to impose mandatory requirements and provide guidance in connection with the preparation, development, adoption, implementation, amendment, and review of, and the contents of, coastal management programs.\n> \n> > (3) In particular (but without limiting subsection (2)), the manual is to include the following—\n> > \n> > > (a) information to assist local councils addressing the requirements for the preparation of coastal management programs set out in this Part, including addressing the requirement that, in preparing coastal management programs, councils must consider and promote the objects of this Act,\n> > \n> > > (b) a risk management process that local councils are to follow when preparing their coastal management programs, including a process of identifying and assessing risks to environmental, social and economic values and benefits and evaluating and selecting management actions to address those risks,\n> > \n> > > (c) technical information and guidance on matters such as hazard mapping, ecological health, cost benefit analysis and implementation and funding tools to support local councils in undertaking that process,\n> > \n> > > (d) requirements relating to the consultation that must be undertaken in connection with the preparation, development or review of coastal management programs,\n> > \n> > > (e) information on the preparation of coastal zone emergency action subplans,\n> > \n> > > (f) information on the role of the Minister, public authorities and the NSW Coastal Council in relation to the preparation, development and review of coastal management programs,\n> > \n> > > (g) guidance regarding the local council’s integration of its coastal management program with its integrated planning and reporting framework obligations under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> \n> > (4) The Minister may review and amend the manual from time to time.\n> \n> > (5) The Minister is to ensure that the manual (and any amendment of the manual) is published in the Gazette.\n> \n> > (6) A copy of the manual must be available for public inspection without charge—\n> > \n> > > (a) on a NSW Government website used by the Department, and\n> > \n> > > (b) at the offices of the Department during ordinary office hours.\n> \n> > (7) In this section, integrated planning and reporting framework obligations means obligations relating to the preparation, development and review of, and the contents of, community strategic plans, resourcing strategies, delivery programs, operational plans, community engagement strategies, annual reports and environment reports of local councils under Chapter 13 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> \n> **s 21:** Am 2023 No 35, Sch 1.5\\[2\\]; 2024 No 47, Sch 1.10\\[2\\] \\[3\\].","sortOrder":26},{"sectionNumber":"Division 4","sectionType":"division","heading":"Obligations of local councils and other public authorities","content":"## Division 4 Obligations of local councils and other public authorities\n\nDivision 4 Obligations of local councils and other public authorities","sortOrder":27},{"sectionNumber":"22","sectionType":"section","heading":"Implementation of coastal management program by local councils","content":"#### 22 Implementation of coastal management program by local councils\n\n22 Implementation of coastal management program by local councils\n\n> > (1) A local council is to give effect to its coastal management program and, in doing so, is to have regard to the objects of this Act.\n> \n> > (2) In particular, without limiting subsection (1), a local council is to give effect to its coastal management program in—\n> > \n> > > (a) the preparation, development and review of, and the contents of, the plans, strategies, programs and reports to which Part 2 of Chapter 13 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) applies, and\n> > \n> > > (b) the preparation of planning proposals and development control plans under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).","sortOrder":28},{"sectionNumber":"23","sectionType":"section","heading":"Other public authorities to have regard to coastal management program and coastal management manual","content":"#### 23 Other public authorities to have regard to coastal management program and coastal management manual\n\n23 Other public authorities to have regard to coastal management program and coastal management manual\n\n> > (1) Public authorities (other than local councils) are to have regard to coastal management programs to the extent that those programs are relevant to the exercise of their functions.\n> \n> > (2) In particular, those public authorities are to have regard to relevant coastal management programs and the coastal management manual in the preparation, development and review of, and the contents of, any plans of management that those public authorities are required to produce and, in doing so, are to have regard to the objects of this Act.","sortOrder":29},{"sectionNumber":"Part 4","sectionType":"part","heading":"NSW Coastal Council","content":"# Part 4 NSW Coastal Council\n\nPart 4 NSW Coastal Council","sortOrder":30},{"sectionNumber":"24","sectionType":"section","heading":"Establishment of NSW Coastal Council","content":"#### 24 Establishment of NSW Coastal Council\n\n24 Establishment of NSW Coastal Council\n\n> > (1) There is established a NSW Coastal Council.\n> \n> > (2) The NSW Coastal Council is to consist of at least 3 and not more than 7 members appointed by the Minister.\n> \n> > (3) A member of the NSW Coastal Council must have expertise in one or more of the following fields—\n> > \n> > > (a) coastal physical sciences, including geomorphology,\n> > \n> > > (b) coastal engineering,\n> > \n> > > (c) coastal land use planning,\n> > \n> > > (d) coastal ecology,\n> > \n> > > (e) social science,\n> > \n> > > (f) economics,\n> > \n> > > (g) local government management,\n> > \n> > > (h) property law,\n> > \n> > > (i) dispute resolution,\n> > \n> > > (j) traditional and contemporary Aboriginal use and management of the coastal zone.\n> \n> > (4) One member of the NSW Coastal Council is to be appointed by the Minister on the nomination of the Minister administering the [Marine Estate Management Act 2014](/view/html/inforce/current/act-2014-072). That member is to have expertise in one or more of the fields set out in subsection (3).\n> \n> > (5) In appointing a member, the Minister is to have regard to the need to have a range of expertise represented among the NSW Coastal Council’s members.\n> \n> > (6) The Minister, after consulting Local Government NSW, is to appoint one of the members of the NSW Coastal Council as the Chairperson of the Council.\n> \n> > (7) Schedule 2 deals with the constitution and procedure of the NSW Coastal Council.","sortOrder":31},{"sectionNumber":"25","sectionType":"section","heading":"Functions of NSW Coastal Council","content":"#### 25 Functions of NSW Coastal Council\n\n25 Functions of NSW Coastal Council\n\n> > (1) The NSW Coastal Council has the following functions—\n> > \n> > > (a) to provide advice to the Minister on any matter referred to the Council by the Minister relating to the following—\n> > > \n> > > > (i) the Minister’s functions under this Act,\n> > > \n> > > > (ii) the compliance by local councils with management objectives and the coastal management manual in preparing and reviewing coastal management programs,\n> > > \n> > > > (iii) performance audits of local councils’ coastal management programs,\n> > \n> > > (b) at the request of the Minister, to provide advice to another public authority on any matter referred to the Council by the Minister relating to coastal management issues,\n> > \n> > > (c) any other function conferred or imposed on it by or under this Act.\n> \n> > (2) In exercising its functions, the NSW Coastal Council—\n> > \n> > > (a) is to have regard to the objects of this Act, and\n> > \n> > > (b) may seek independent expert advice on technical, scientific, legal and policy matters.","sortOrder":32},{"sectionNumber":"26","sectionType":"section","heading":"Performance audit of implementation of coastal management programs","content":"#### 26 Performance audit of implementation of coastal management programs\n\n26 Performance audit of implementation of coastal management programs\n\n> > (1) The NSW Coastal Council, at the request of the Minister, is to conduct a performance audit of the implementation of a coastal management program of a local council.\n> \n> > (2) The purpose of the performance audit is—\n> > \n> > > (a) to determine whether a local council is effectively implementing its coastal management program, and\n> > \n> > > (b) to identify opportunities for local council capacity building.\n> \n> > (3) The NSW Coastal Council may, by notice in writing given to a local council, require the local council to provide it with such information or records (or both) as the notice requires in connection with a performance audit.\n> \n> > (4) A local council is to comply with a notice given under this section.\n> \n> > (5) The NSW Coastal Council is, at the conclusion of the performance audit, to provide the Minister with a report.\n> \n> > (6) If the NSW Coastal Council is of the opinion that the local council is not complying with its coastal management program to a significant extent, the NSW Coastal Council may make recommendations to the Minister on appropriate remedial actions to be taken, including that the Minister refer the matter to the Minister administering the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) for further consideration.\n> \n> > (7) The Minister, within 3 months of the end of each calendar year, is to cause the reports provided to the Minister under this section during that year (if any) to be tabled in each House of Parliament.\n> \n> > (8) The regulations may make provision for or with respect to performance audits under this section.","sortOrder":33},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":34},{"sectionNumber":"27","sectionType":"section","heading":"Granting of development consent relating to coastal protection works","content":"#### 27 Granting of development consent relating to coastal protection works\n\n27 Granting of development consent relating to coastal protection works\n\n> > (1) Development consent must not be granted under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) to development for the purpose of coastal protection works, unless the consent authority is satisfied that—\n> > \n> > > (a) the works will not, over the life of the works—\n> > > \n> > > > (i) unreasonably limit or be likely to unreasonably limit public access to or the use of a beach or headland, or\n> > > \n> > > > (ii) pose or be likely to pose a threat to public safety, and\n> > \n> > > (b) satisfactory arrangements have been made (by conditions imposed on the consent) for the following for the life of the works—\n> > > \n> > > > (i) the restoration of a beach, or land adjacent to the beach, if any increased erosion of the beach or adjacent land is caused by the presence of the works,\n> > > \n> > > > (ii) the maintenance of the works.\n> \n> > (2) The arrangements referred to in subsection (1) (b) are to secure adequate funding for the carrying out of any such restoration and maintenance, including by either or both of the following—\n> > \n> > > (a) by legally binding obligations (including by way of financial assurance or bond) of all or any of the following—\n> > > \n> > > > (i) the owner or owners from time to time of the land protected by the works,\n> > > \n> > > > (ii) if the coastal protection works are constructed by or on behalf of landowners or by landowners jointly with a council or public authority—the council or public authority,\n> > > \n> > > Note—\n> > > \n> > > The [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), section 4.17(6) provides that a development consent may be granted subject to a condition, or a consent authority may enter into an agreement with an applicant, that the applicant must provide security for the payment of the cost of making good any damage caused to any property of the consent authority as a consequence of the doing of anything to which the consent relates.\n> > \n> > > (b) by payment to the relevant council of an annual charge for coastal protection services (within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030)).\n> \n> > (3) The funding obligations referred to in subsection (2) (a) are to include the percentage share of the total funding of each landowner, council or public authority concerned.\n> \n> **s 27:** Am 2023 No 35, Sch 1.5\\[3\\].","sortOrder":35},{"sectionNumber":"28","sectionType":"section","heading":"Modification of doctrine of erosion and accretion","content":"#### 28 Modification of doctrine of erosion and accretion\n\n28 Modification of doctrine of erosion and accretion\n\n> > (1) This section applies to land—\n> > \n> > > (a) which is within the coastal zone, or which adjoins the tidal waters of Sydney Harbour or Botany Bay, or their tributaries, and\n> > \n> > > (b) a boundary (the water boundary) of which is defined or otherwise determined by reference to a mean high-water mark.\n> \n> > (2) A court has no jurisdiction to make a declaration concerning a water boundary that would increase the area of land to the landward side of the water boundary if—\n> > \n> > > (a) a perceived trend by way of accretion is not likely to be indefinitely sustained by natural means, or\n> > \n> > > (b) as a consequence of making such a declaration, public access to a beach, headland or waterway will be, or is likely to be, restricted or denied.\n> \n> > (3) The Registrar-General has no power under Part 14A of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025) to make a determination concerning a water boundary that would increase the area of land to the landward side of the water boundary.\n> \n> > (4) The Minister administering the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) (or a person authorised by that Minister) has no power under Division 5 of Part 2 of the [Surveying and Spatial Information Regulation 2012](/view/html/repealed/current/sl-2012-0436) (or any regulation made by way of replacement, or in substitution, for that Regulation) to approve a determination concerning a water boundary that would increase the area of land to the landward side of the water boundary if—\n> > \n> > > (a) a perceived trend by way of accretion is not likely to be indefinitely sustained by natural means, or\n> > \n> > > (b) as a consequence of making such a determination, public access to a beach, headland or waterway will be, or is likely to be, restricted or denied.\n> \n> **s 28:** Am 2017 No 17, Sch 4.13.","sortOrder":36},{"sectionNumber":"29","sectionType":"section","heading":"Protection of exercise of certain functions from invalidity and inconsistency","content":"#### 29 Protection of exercise of certain functions from invalidity and inconsistency\n\n29 Protection of exercise of certain functions from invalidity and inconsistency\n\n> > (1) Section 22—\n> > \n> > > (a) does not render the exercise of a function invalid because—\n> > > \n> > > > (i) it did not give effect to a coastal management program or was made without regard to the objects of this Act, or\n> > > \n> > > > (ii) it is inconsistent with achieving the outcomes of a coastal management program, and\n> > \n> > > (b) does not require or authorise action that is inconsistent with any statutory or other legal obligation of a local council.\n> \n> > (2) Section 23—\n> > \n> > > (a) does not render the exercise of a function invalid because it was made without regard to a coastal management program, the coastal management manual or the objects of this Act, and\n> > \n> > > (b) does not require or authorise action that is inconsistent with any statutory or other legal obligation of a Minister or a public authority.","sortOrder":37},{"sectionNumber":"30","sectionType":"section","heading":"Minister to report failures to comply with directions to Local Government Minister","content":"#### 30 Minister to report failures to comply with directions to Local Government Minister\n\n30 Minister to report failures to comply with directions to Local Government Minister\n\n> > (1) The Minister administering this Act may—\n> > \n> > > (a) report any failure by a local council to comply with a direction under section 13 (1) or 14 (2) to the Minister administering the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), and\n> > \n> > > (b) cause a copy of the report to be published on the website of the Department.\n> \n> > (2) The Minister administering the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) may consider any such report in determining whether to take action in relation to the local council, including, but not limited to, action under Part 6 (Performance management) or Part 7 (Temporary suspension of council) of Chapter 13 of that Act.","sortOrder":38},{"sectionNumber":"31","sectionType":"section","heading":"Regulations","content":"#### 31 Regulations\n\n31 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) In particular, regulations may be made for or with respect to the mapping of coastal management areas.","sortOrder":39},{"sectionNumber":"32","sectionType":"section","heading":"Delegation","content":"#### 32 Delegation\n\n32 Delegation\n\n> The Minister may delegate the exercise of any function of the Minister under this Act (other than this power of delegation) to—\n> \n> > (a) any person employed in a Public Service agency responsible to the Minister, or\n> \n> > (b) any person or body, or any class of persons or bodies, authorised for the purposes of this section by the regulations.","sortOrder":40},{"sectionNumber":"33","sectionType":"section","heading":"Review of Act","content":"#### 33 Review of Act\n\n33 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":41},{"sectionNumber":"34","sectionType":"section","heading":"Act to bind Crown","content":"#### 34 Act to bind Crown\n\n34 Act to bind Crown\n\n> This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.","sortOrder":42},{"sectionNumber":"35","sectionType":"section","heading":null,"content":"#### 35\n\n35 (Repealed)","sortOrder":43},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Local government areas, coastal sediment compartments and border estuaries","content":"# Schedule 1 Local government areas, coastal sediment compartments and border estuaries\n\nSchedule 1 Local government areas, coastal sediment compartments and border estuaries\n\n(Section 16 (1) (b))\n\n**sch 1:** Am 2023 No 35, Sch 1.5\\[4\\]–\\[23\\].","sortOrder":45},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Constitution and procedure of NSW Coastal Council","content":"# Schedule 2 Constitution and procedure of NSW Coastal Council\n\nSchedule 2 Constitution and procedure of NSW Coastal Council\n\n(Section 24 (7))","sortOrder":48},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 3 Savings, transitional and other provisions\n\nSchedule 3 Savings, transitional and other provisions\n\n**sch 3:** Am 2021 No 27, sec 3; 2023 No 35, Sch 1.5\\[24\\].","sortOrder":68},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":null,"content":"# Schedule 4\n\nSchedule 4 (Repealed)\n\n**sch 4:** Rep 1987 No 15, sec 30C.","sortOrder":80}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has substantially broadened its scope beyond the repealed Coastal Protection Act 1979's narrower focus on coastal protection works and hazard mitigation. It now encompasses four distinct coastal management areas with detailed ecological, social, cultural (including Aboriginal), economic and climate-adaptation objectives (Part 2), mandates strategic long-term coastal management programs for all relevant councils (Part 3), establishes an expert NSW Coastal Council with audit functions (Part 4), and expressly modifies the common-law doctrine of erosion and accretion (s 28). This represents a shift from reactive protection to proactive, integrated, ecologically sustainable development across the entire coastal zone."},"complexity_factors":["Over 20 densely technical defined terms in s 4 (e.g. beach fluctuation zone, coastal sediment compartment, coastal hazard) that rely on scientific concepts such as 1% storm events and sediment budgets","Cross-references to at least six other statutes including the Environmental Planning and Assessment Act 1979, Local Government Act 1993, Marine Estate Management Act 2014, Protection of the Environment Administration Act 1991, Crown Land Management Act 2016 and Real Property Act 1900","Hierarchical precedence rules for overlapping coastal management areas in s 10(3) that create conditional priority among four area types","Detailed mandatory and prohibited content for coastal management programs in s 15, including cost-sharing, emergency subplans and public-authority consent requirements","Integration requirements linking coastal programs to local government integrated planning and reporting frameworks under the Local Government Act 1993 (ss 21(7), 22(2)) plus ministerial override powers and performance audits"],"plain_english_summary":"**The Coastal Management Act 2016** is New South Wales law that sets out how the government, local councils, and others must look after the coastline. It defines the 'coastal zone' as four overlapping types of area (wetlands and rainforests, vulnerable spots at risk of erosion or flooding, general coastal environments, and places already used for development). Each area has its own goals, such as protecting wildlife, reducing risks from storms and climate change, keeping beaches accessible, and supporting sustainable businesses.\n\nLocal councils that have coastline in their area must create and regularly update a 'coastal management program' – a long-term plan that identifies problems, lists actions, works out who pays, and includes emergency plans for big storms. The Act creates a NSW Coastal Council of experts to advise the government and check how councils are doing. It also controls when sea walls or beach nourishment can be built, changes some old land-law rules about eroding coastlines, and makes sure planning decisions consider nature, culture (including Aboriginal connections), public access, and future climate risks.\n\nIt matters because Australia's coast is changing fast due to rising seas and bigger storms. The law tries to balance protecting the environment, keeping communities safe, respecting First Nations knowledge, and allowing sensible economic activity without leaving future generations with worse problems."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Based on the seven amendments made between 2016 and 2024, the Act's scope has likely evolved beyond its original intent. Climate change considerations, particularly rising sea levels and coastal hazard mapping, appear to have been progressively strengthened. The dual ministerial responsibility now shared between the Minister for Environment and the Minister for Climate Change suggests the original environmental focus has been broadened to explicitly incorporate climate adaptation policy — a significant conceptual expansion from what was originally a coastal land management statute."},"complexity_factors":["Multi-agency governance structure involving both state and local government with overlapping responsibilities","Integration with broader NSW planning and environmental law frameworks (e.g., Environmental Planning and Assessment Act)","Multiple defined coastal zones with different rules applying to each","Climate change adaptation requirements introduce scientific and predictive complexity","Seven separate amendments since commencement, meaning rules have changed multiple times and version-specific analysis may be needed","Dual ministerial responsibility (Environment and Climate Change) creating potential jurisdictional overlap","Requires councils to develop and implement Coastal Management Programs, adding a layer of delegated decision-making","Balancing competing interests: development, environmental protection, public access, and private property rights"],"plain_english_summary":"## Coastal Management Act 2016 (NSW)\n\n**What is this?**\nThis is a NSW law that governs how the state's coastline is managed, protected, and used. It creates a legal framework for looking after coastal areas — including beaches, dunes, estuaries (where rivers meet the sea), coastal wetlands, and the land immediately behind the shoreline.\n\n**Who does it affect?**\n- **Property owners** near the coast — your land use and development options may be restricted\n- **Local councils** — they have obligations to prepare and implement coastal management programs\n- **Developers** — any construction or modification near the coast must comply with this framework\n- **State government agencies** — they must consider coastal management principles in their decisions\n- **The general public** — recreational access to coastal areas and environmental protections affect everyone\n\n**Why does it matter?**\nAustralia's coastline is under increasing pressure from development, tourism, and climate change (particularly rising sea levels and more intense storms). This Act:\n- Sets rules for what can and can't be built or changed near the coast\n- Requires councils to plan for long-term coastal risks\n- Protects sensitive coastal ecosystems\n- Balances public access to beaches with private property rights\n- Addresses climate change adaptation for coastal communities\n\n**Key practical impacts:**\n- If you own coastal property, your land may sit within a mapped 'coastal zone,' which can limit what you build or how you use it\n- Councils must create Coastal Management Programs — essentially long-term plans for managing their stretch of coastline\n- Development applications (requests to build) near the coast face additional scrutiny under this framework\n- The Act has been updated multiple times since 2016, with the most recent changes in August 2024, reflecting ongoing adjustments to coastal policy\n\n**Note:** This document only shows the status and version history of the Act — the full text of the law's provisions was not included in this extract."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This Act replaces and reorganises earlier coastal management arrangements under the former Coastal Protection Act 1979 (see Schedule 3). It establishes a programme‑based, integrated coastal management model that requires certified coastal management programs prepared by local councils, a mandatory coastal management manual, and an NSW Coastal Council with audit and advisory functions (ss 12, 13, 17, 20, 21, 24–26). The Act explicitly incorporates objectives addressing climate change resilience and ecologically sustainable development (s 3(f), s 3(a)), sets detailed cost‑sharing and funding obligations for coastal protection works (s 27), and limits the legal mechanisms by which landward boundary gains by accretion can be recognised (s 28). Mechanically, these elements indicate a shift in scope toward integrated, programmatic coastal planning, greater central oversight and explicit financial and technical requirements compared with the prior legislative framework (Schedule 3 references to the former Act and savings/transitional measures)."},"complexity_factors":["Detailed technical definitions and spatial rules (e.g. \"beach fluctuation zone\", sediment compartments) (s 4, Schedule 1)","Multi‑tier governance with overlapping responsibilities (local councils, Minister, NSW Coastal Council, other public authorities) (ss 11, 14, 20, 24–26)","Mandatory technical manual imposing procedural and technical requirements on local councils (s 21)","Interaction with other statutes and planning instruments (Environmental Planning & Assessment Act 1979; Local Government Act 1993; Crown land, real property law) (see ss 10, 15, 22, 28)","Funding and cost‑sharing mechanisms tied to development consent and program action lists (s 15(1)(d), s 27)","Performance audit and compliance mechanisms that require information production and permit Ministerial intervention and cost recovery (ss 20, 26)","Legal limits on common law or registry determinations about water boundaries (s 28) and protections preserving validity despite non‑compliance (s 29)","Transitional and savings provisions bridging the former Coastal Protection Act 1979 and this Act (Schedule 3)"],"plain_english_summary":"What this law does, in plain terms\n\n- Establishes a statutory framework for managing the New South Wales coast. It defines the \"coastal zone\" and four coastal management areas (coastal wetlands and littoral rainforests; coastal vulnerability; coastal environment; coastal use) and sets management objectives for each (ss 5–9).\n\n- Requires local councils whose areas include any part of the coastal zone to prepare, adopt and implement a coastal management program (s 11, s 13). Those programs must set a long‑term, integrated strategy, identify coastal issues, list actions, specify timing, identify costs and cost‑sharing/funding mechanisms and, where required, include an emergency action subplan (ss 12, 15).\n\n- Gives the Minister a role in directing the preparation of programs, certifying programs before they take effect, and, if a council fails to comply, the power to prepare and adopt a program for the council and recover the Minister’s costs from the council (ss 14, 17, 20(1), 20(8)). The Minister also publishes a coastal management manual that imposes mandatory requirements and provides technical guidance for preparing and reviewing programs (s 21).\n\n- Requires councils to give effect to their certified coastal management programs across planning, reporting and development processes under the Local Government Act 1993 and the Environmental Planning & Assessment Act 1979 (s 22). Other public authorities must have regard to relevant programs and the manual when exercising functions relevant to the coastal zone (s 23).\n\n- Creates an NSW Coastal Council to advise the Minister, assist with performance audits of local council program implementation, and provide reports and recommendations (ss 24–26). The Coastal Council can require information for audits (s 26(3)) and report to the Minister (s 26(5)).\n\n- Sets statutory constraints on development consent for coastal protection works: consent may only be granted if the consent authority is satisfied the works will not unreasonably limit public access or create safety threats and if legally secure arrangements are in place for restoration and maintenance funding (s 27). Those funding arrangements may take the form of legally binding obligations, bonds or annual charges, and must allocate percentage shares of cost among landowners and other parties (s 27(2)–(3)).\n\n- Limits courts and surveying/land registration decision‑makers from declaring or determining water boundaries so as to increase land area landward of the boundary where accretion is unlikely to be sustained naturally or where such a declaration/determination would restrict public access (s 28).\n\n- Preserves validity of functions exercised by councils and public authorities even where they have not followed a coastal management program or the manual (s 29). The Minister may report council non‑compliance to the Local Government Minister and publish that report (s 30). The Act also contains standard regulation‑making, delegation and review provisions (ss 31–33).\n\nWho this affects and who pays (mechanically, from the text)\n\n- Local councils: must prepare, review (at least every 10 years) and implement coastal management programs and are responsible for publishing and making programs publicly available (ss 13, 18, 19, 22). Councils bear the direct administrative and implementation costs of preparing and giving effect to programs (s 13, s 15(1)(d) requires programs to identify costs and cost‑sharing arrangements).\n\n- Landowners with coastal protection works, and persons who benefit from those works: can be required to provide legally binding obligations, bonds or other security for restoration and maintenance and to bear a specified percentage share of costs (s 27(2)–(3)). Councils may also levy annual charges for coastal protection services (s 27(2)(b)).\n\n- Other public authorities and State agencies: must have regard to programs and the manual when relevant to their functions and may be asked to provide information, and to implement actions if they agree to inclusion in a program (ss 15(1)(c), 16, 23, 26(3)).\n\n- The Minister and NSW Coastal Council: the Minister directs, certifies and may prepare programs; the Coastal Council audits and advises (ss 14, 17, 20, 24–26).\n\nIncentives, compliance burden and discretion (source‑grounded)\n\n- Incentives and direction: the Act centrally requires long‑term, integrated coastal planning through certified programs and a mandatory manual. Councils are incentivised to align planning and development controls with their coastal management program because programs must be given effect in local planning and reporting instruments (s 22) and because the Minister can direct councils to prepare programs (s 13) and even prepare programs for them if they fail (s 20).\n\n- Funding and cost allocation incentives: a coastal management program must identify costs and cost‑sharing mechanisms (s 15(1)(d)). Development consent for coastal protection works must secure funding for restoration and maintenance via bonds, obligations or annual charges, and allocate percentage shares among landowners and other parties (s 27(2)–(3)). Those provisions create a direct financial responsibility for owners and other beneficiaries of protection works.\n\n- Compliance burden: councils must follow the manual’s mandatory requirements when preparing programs and must consult specified stakeholders (s 14(1), s 16, s 21(2),(3),(4)). Programs must be reviewed every ten years (s 18(1)). The Coastal Council may demand information for audits (s 26(3)) and councils must comply (s 26(4)). The Minister may require councils to provide information for Minister‑prepared programs and councils must comply (s 20(6)–(7)).\n\n- Administrative discretion: the Minister has significant powers to direct council preparation of programs, to certify or refuse certification, to prepare programs in default and to delegate Ministerial functions (ss 14(2), 17(2), 20(1), 32). The manual contains mandatory requirements but the Minister may issue written directions that prevail over the manual to the extent of inconsistency (s 14(2), s 21(2)). The NSW Coastal Council may seek independent expert advice and recommend remedial actions after audits (ss 25(2), 26(6)).\n\nTrade‑offs, opportunity costs and implementation risk\n\n- Trade‑offs: the Act trades increased central coordination and technical standardisation against additional planning time and resourcing for councils and a requirement to secure funding for long‑term maintenance (ss 14, 15, 21, 27). The requirement that programs identify costs and cost‑sharing allocates financial responsibility but shifts administrative effort to councils and negotiating parties (s 15(1)(d)).\n\n- Opportunity costs: local resources devoted to program preparation, consultation, reviews and implementation are resources not available for other local projects; the Act requires periodic reviews (s 18(1)) and ongoing program implementation (s 22).\n\n- Implementation risks: the framework relies on a technical, mandatory manual (s 21) and on Ministerial certification (s 17). The Minister’s power to prepare programs for councils that fail to act (s 20) and to issue directions that prevail over the manual (s 14(2)) concentrates risk in central decision‑making. The Act reduces legal invalidity risk for public authorities who do not follow programs (s 29), which lowers litigation risk but may raise governance and accountability questions handled by the audit and reporting mechanisms (ss 26, 30).\n\nEffects on private choice, competition and property rights (mechanical effects in the text)\n\n- Property boundary claims based on accretion are constrained: courts, the Registrar‑General and certain surveying approvals cannot increase land area landward of a mean high‑water mark where accretion is not likely to be sustained or where public access would be restricted (s 28). This places a statutory limit on acquiring additional title area by perceived accretion in vulnerable coastal locations.\n\n- Development constraints and funding obligations affect owners who want to carry out coastal protection works: consent is conditional on non‑restriction of public access/safety and on enforceable funding arrangements for maintenance and restoration (s 27).\n\n- Essential infrastructure is explicitly prioritised for functionality during and immediately after coastal hazards (s 7(2)(h)), which creates a planning preference for resilience of certain network assets when programs set priorities.\n\nOther notable mechanical points\n\n- The Act binds the Crown (s 34). It includes transitional savings for plans under the former Coastal Protection Act 1979 and preserves certain temporary protections and procedures during the transition (Schedule 3).\n\n- The Minister must review the Act’s policy objectives and terms 5 years after assent and table a report within 12 months after that 5‑year period (s 33).\n\nBottom line (mechanical): the Act creates an integrated, Ministerially‑overseen coastal planning and management regime built around certified coastal management programs, a mandatory technical manual, financial security rules for coastal protection works, and an advisory/audit Coastal Council. The Act assigns direct planning and implementation duties (and related costs) to local councils, imposes statutory limits on land boundary claims by accretion, and gives the Minister intervention and cost‑recovery powers where councils do not meet obligations (see ss 13, 15, 17, 20, 21, 22, 27, 28, 29)."}},"importantCases":[],"_links":{"self":"/api/acts/coastal-management-act-2016","history":"/api/acts/coastal-management-act-2016/history","analysis":"/api/acts/coastal-management-act-2016/analysis","conflicts":"/api/acts/coastal-management-act-2016/conflicts","importantCases":"/api/acts/coastal-management-act-2016/important-cases","documents":"/api/acts/coastal-management-act-2016/documents"}}