{"id":"qld:act-1995-041","name":"Coastal Protection and Management Act 1995","slug":"coastal-protection-and-management-act-1995","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"41 of 1995","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104725,"registerId":"qld-act-1995-041-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Coastal Protection and Management Act 1995 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Objects and achievement of coastal management","content":"# Objects and achievement of coastal management","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main objects of Act","content":"### sec.3 Main objects of Act\n\nThe main objects of this Act are to—\nprovide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; and\nhave regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone; and\nensure decisions about land use and development safeguard life and property from the threat of coastal hazards; and\nencourage the enhancement of knowledge of coastal resources and the effect of human activities on the coastal zone.\ns 3 amd 2001 No. 93 s 24 sch ; 2011 No. 6 s 8\n- (a) provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; and\n- (b) have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone; and\n- (c) ensure decisions about land use and development safeguard life and property from the threat of coastal hazards; and\n- (d) encourage the enhancement of knowledge of coastal resources and the effect of human activities on the coastal zone.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"How objects of Act are to be achieved","content":"### sec.4 How objects of Act are to be achieved\n\nThe objects of this Act are to be achieved by coordinated and integrated planning and decision-making, involving, among other things, the following—\nCoastal zone\nDefining the coastal zone, which is the area to which this Act applies.\nCoastal plan\nPreparing a coastal plan that—\nidentifies coastal resources\nstates policies for coastal management\nis developed in consultation with the public\nhas regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders.\nCoastal management districts\nDeclaring coastal management districts in the coastal zone as areas requiring special development controls and management practices.\nErosion prone areas\nDeclaring erosion prone areas in the coastal zone as areas where particular development requirements are applied.\nUse of other legislation\nUsing other relevant legislation wherever practicable to achieve the objects of this Act.\nMonitoring, reporting and review\nRequiring the chief executive to prepare and publish a report on the state of the coastal zone on a regular basis.\ns 4 amd 2001 No. 93 s 24 sch\nsub 2011 No. 6 s 9\n- (a) Coastal zone • Defining the coastal zone, which is the area to which this Act applies.\n- • Defining the coastal zone, which is the area to which this Act applies.\n- (b) Coastal plan • Preparing a coastal plan that— • identifies coastal resources • states policies for coastal management • is developed in consultation with the public • has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders.\n- • Preparing a coastal plan that— • identifies coastal resources • states policies for coastal management • is developed in consultation with the public • has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders.\n- • identifies coastal resources\n- • states policies for coastal management\n- • is developed in consultation with the public\n- • has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders.\n- (c) Coastal management districts • Declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices.\n- • Declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices.\n- (d) Erosion prone areas • Declaring erosion prone areas in the coastal zone as areas where particular development requirements are applied.\n- • Declaring erosion prone areas in the coastal zone as areas where particular development requirements are applied.\n- (e) Use of other legislation • Using other relevant legislation wherever practicable to achieve the objects of this Act.\n- • Using other relevant legislation wherever practicable to achieve the objects of this Act.\n- (f) Monitoring, reporting and review • Requiring the chief executive to prepare and publish a report on the state of the coastal zone on a regular basis.\n- • Requiring the chief executive to prepare and publish a report on the state of the coastal zone on a regular basis.\n- • Defining the coastal zone, which is the area to which this Act applies.\n- • Preparing a coastal plan that— • identifies coastal resources • states policies for coastal management • is developed in consultation with the public • has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders.\n- • identifies coastal resources\n- • states policies for coastal management\n- • is developed in consultation with the public\n- • has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders.\n- • identifies coastal resources\n- • states policies for coastal management\n- • is developed in consultation with the public\n- • has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders.\n- • Declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices.\n- • Declaring erosion prone areas in the coastal zone as areas where particular development requirements are applied.\n- • Using other relevant legislation wherever practicable to achieve the objects of this Act.\n- • Requiring the chief executive to prepare and publish a report on the state of the coastal zone on a regular basis.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Advancing Act’s objects","content":"### sec.5 Advancing Act’s objects\n\nIf, under this Act, a function or power is conferred on an entity, the entity must perform the function or exercise the power in a way that advances the Act ’s objects.\ns 5 ins 2001 No. 93 s 4","sortOrder":6},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":7},{"sectionNumber":"ch.1-pt.3-div.1","sectionType":"division","heading":"Dictionary","content":"## Dictionary","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Definitions","content":"### sec.6 Definitions\n\nThe dictionary in the schedule defines particular words used in this Act.\ns 6 sub 2001 No. 93 s 5","sortOrder":9},{"sectionNumber":"ch.1-pt.3-div.2","sectionType":"division","heading":"Other definitions","content":"## Other definitions","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of access channel","content":"### sec.7 Meaning of access channel\n\nAccess channel means an artificial channel constructed in tidal water and connected, or intended to be connected, to a canal.\nWithout limiting subsection (1) , access channel includes—\ntraining walls or other works associated with the channel; and\nadditions or alterations to the channel, training walls or other works.\ns 7 ins 2001 No. 93 s 7\n(sec.7-ssec.1) Access channel means an artificial channel constructed in tidal water and connected, or intended to be connected, to a canal.\n(sec.7-ssec.2) Without limiting subsection (1) , access channel includes— training walls or other works associated with the channel; and additions or alterations to the channel, training walls or other works.\n- (a) training walls or other works associated with the channel; and\n- (b) additions or alterations to the channel, training walls or other works.","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of artificial waterway","content":"### sec.8 Meaning of artificial waterway\n\nArtificial waterway means an artificial channel, lake or other body of water.\nWithout limiting subsection (1) , artificial waterway includes—\nan access channel; and\nan artificial channel that—\nis formed because land has been reclaimed from tidal water; and\nis intended to allow boating access to allotments on subdivided land; and\nother artificial channels subject to the ebb and flow of the tide; and\nany additions or alterations to an artificial waterway.\nHowever, artificial waterway does not include the following—\na swimming pool;\nan ornamental pond of no more than 5,000m 2 in area;\na pond—\nfor aquaculture; or\nfor treating effluent;\na freshwater storage reservoir for domestic water supply;\na water storage facility—\nsituated on a natural watercourse; and\nused for irrigation or other agricultural purposes;\na part of a river, creek or stream in which water flows in a natural channel, whether artificially improved or not;\na drain for carrying stormwater or other material;\nany of the following used for accessing port infrastructure if constructed in the area of a port for which a port authority or port operator is responsible—\na navigation channel;\na harbour swing basin;\na berth pocket;\na berth approach or departure path.\ns 8 ins 2001 No. 93 s 7\namd 2010 No. 19 s 6\n(sec.8-ssec.1) Artificial waterway means an artificial channel, lake or other body of water.\n(sec.8-ssec.2) Without limiting subsection (1) , artificial waterway includes— an access channel; and an artificial channel that— is formed because land has been reclaimed from tidal water; and is intended to allow boating access to allotments on subdivided land; and other artificial channels subject to the ebb and flow of the tide; and any additions or alterations to an artificial waterway.\n(sec.8-ssec.3) However, artificial waterway does not include the following— a swimming pool; an ornamental pond of no more than 5,000m 2 in area; a pond— for aquaculture; or for treating effluent; a freshwater storage reservoir for domestic water supply; a water storage facility— situated on a natural watercourse; and used for irrigation or other agricultural purposes; a part of a river, creek or stream in which water flows in a natural channel, whether artificially improved or not; a drain for carrying stormwater or other material; any of the following used for accessing port infrastructure if constructed in the area of a port for which a port authority or port operator is responsible— a navigation channel; a harbour swing basin; a berth pocket; a berth approach or departure path.\n- (a) an access channel; and\n- (b) an artificial channel that— (i) is formed because land has been reclaimed from tidal water; and (ii) is intended to allow boating access to allotments on subdivided land; and\n- (i) is formed because land has been reclaimed from tidal water; and\n- (ii) is intended to allow boating access to allotments on subdivided land; and\n- (c) other artificial channels subject to the ebb and flow of the tide; and\n- (d) any additions or alterations to an artificial waterway.\n- (i) is formed because land has been reclaimed from tidal water; and\n- (ii) is intended to allow boating access to allotments on subdivided land; and\n- (a) a swimming pool;\n- (b) an ornamental pond of no more than 5,000m 2 in area;\n- (c) a pond— (i) for aquaculture; or (ii) for treating effluent;\n- (i) for aquaculture; or\n- (ii) for treating effluent;\n- (d) a freshwater storage reservoir for domestic water supply;\n- (e) a water storage facility— (i) situated on a natural watercourse; and (ii) used for irrigation or other agricultural purposes;\n- (i) situated on a natural watercourse; and\n- (ii) used for irrigation or other agricultural purposes;\n- (f) a part of a river, creek or stream in which water flows in a natural channel, whether artificially improved or not;\n- (g) a drain for carrying stormwater or other material;\n- (h) any of the following used for accessing port infrastructure if constructed in the area of a port for which a port authority or port operator is responsible— (i) a navigation channel; (ii) a harbour swing basin; (iii) a berth pocket; (iv) a berth approach or departure path.\n- (i) a navigation channel;\n- (ii) a harbour swing basin;\n- (iii) a berth pocket;\n- (iv) a berth approach or departure path.\n- (i) for aquaculture; or\n- (ii) for treating effluent;\n- (i) situated on a natural watercourse; and\n- (ii) used for irrigation or other agricultural purposes;\n- (i) a navigation channel;\n- (ii) a harbour swing basin;\n- (iii) a berth pocket;\n- (iv) a berth approach or departure path.","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Meaning of canal","content":"### sec.9 Meaning of canal\n\nCanal means an artificial waterway—\nconnected, or intended to be connected, to tidal water; and\nfrom which boating access to the tidal water is not hindered by a lock, weir or similar structure.\nCanal includes a canal surrendered to the State under the Canals Act , section 13 (4) .\nHowever, canal does not include any part of tidal water containing facilities that are used commercially or by members of a club or association for 1 or more of the following—\nboat launching, landing, berthing or storing;\nboat repairs of a minor nature;\nboat provisioning, fuelling or servicing;\nrecreation, comfort and convenience of persons who own or use boats.\nAlso, canal does not include an artificial waterway that intersects, or is connected to, inundated land or leased land if a registered proprietor of the land or lessee of the leased land may restrict or prohibit the use or movement of vessels in water on the land.\nIn this section—\nregistered proprietor , of land, means a person recorded in the freehold land register under the Land Title Act 1994 as a proprietor of the land.\ns 9 ins 2001 No. 93 s 7\namd 2004 No. 48 s 4 ; 2016 No. 27 s 134\n(sec.9-ssec.1) Canal means an artificial waterway— connected, or intended to be connected, to tidal water; and from which boating access to the tidal water is not hindered by a lock, weir or similar structure.\n(sec.9-ssec.2) Canal includes a canal surrendered to the State under the Canals Act , section 13 (4) .\n(sec.9-ssec.3) However, canal does not include any part of tidal water containing facilities that are used commercially or by members of a club or association for 1 or more of the following— boat launching, landing, berthing or storing; boat repairs of a minor nature; boat provisioning, fuelling or servicing; recreation, comfort and convenience of persons who own or use boats.\n(sec.9-ssec.4) Also, canal does not include an artificial waterway that intersects, or is connected to, inundated land or leased land if a registered proprietor of the land or lessee of the leased land may restrict or prohibit the use or movement of vessels in water on the land.\n(sec.9-ssec.5) In this section— registered proprietor , of land, means a person recorded in the freehold land register under the Land Title Act 1994 as a proprietor of the land.\n- (a) connected, or intended to be connected, to tidal water; and\n- (b) from which boating access to the tidal water is not hindered by a lock, weir or similar structure.\n- (a) boat launching, landing, berthing or storing;\n- (b) boat repairs of a minor nature;\n- (c) boat provisioning, fuelling or servicing;\n- (d) recreation, comfort and convenience of persons who own or use boats.","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Meaning of coast","content":"### sec.10 Meaning of coast\n\nThe coast means all areas within or neighbouring the foreshore.\ns 10 amd 2001 No. 93 s 24 sch","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Meaning of coastal management","content":"### sec.11 Meaning of coastal management\n\nCoastal management includes—\nthe protection, conservation, rehabilitation and management of the coastal zone and coastal resources; and\nthe ecologically sustainable development of the coastal zone.\ns 11 amd 2001 No. 93 s 24 sch\nsub 2011 No. 6 s 10\n- (a) the protection, conservation, rehabilitation and management of the coastal zone and coastal resources; and\n- (b) the ecologically sustainable development of the coastal zone.","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Meaning of coastal resources","content":"### sec.12 Meaning of coastal resources\n\nCoastal resources means the natural and cultural resources of the coastal zone.\ns 12 amd 2001 No. 93 s 24 sch","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Meaning of coastal waters","content":"### sec.13 Meaning of coastal waters\n\nCoastal waters means Queensland waters to the limit of the highest astronomical tide.\ns 13 amd 2001 No. 93 s 24 sch","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Meaning of coastal wetlands","content":"### sec.14 Meaning of coastal wetlands\n\nCoastal wetlands include tidal wetlands, estuaries, salt marshes, melaleuca swamps (and any other coastal swamps), mangrove areas, marshes, lakes or minor coastal streams regardless of whether they are of a saline, freshwater or brackish nature.\ns 14 amd 2001 No. 93 s 24 sch","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Meaning of coastal zone","content":"### sec.15 Meaning of coastal zone\n\nThe coastal zone means the part of the State comprising the following—\nQueensland waters and land within the area shown as the coastal zone on the coastal zone map;\nthe airspace above the surface of the area mentioned in paragraph (a) ;\nthe subsoil below the surface of the area mentioned in paragraph (a) .\ns 15 amd 2001 No. 93 s 24 sch\nsub 2011 No. 6 s 11\n- (a) Queensland waters and land within the area shown as the coastal zone on the coastal zone map;\n- (b) the airspace above the surface of the area mentioned in paragraph (a) ;\n- (c) the subsoil below the surface of the area mentioned in paragraph (a) .","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Meaning of ecologically sustainable development","content":"### sec.16 Meaning of ecologically sustainable development\n\nEcologically sustainable development has the meaning given by the National Strategy for Ecologically Sustainable Development.\ns 16 amd 2001 No. 93 s 24 sch","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Meaning of State coastal land","content":"### sec.17 Meaning of State coastal land\n\nState coastal land means land in a coastal management district other than land that is—\nfreehold land, or land contracted to be granted in fee simple by the State; or\na State forest or timber reserve under the Forestry Act 1959 ; or\nin a watercourse or lake as defined under the Water Act 2000 ; or\nsubject to a lease or licence issued by the State.\nIn this section—\nlicence includes a permit or other authority issued under any Act relating to mining, but does not include a permit issued under the Land Act 1994 , section 177 (1) .\ns 17 ins 2001 No. 93 s 8\n(sec.17-ssec.1) State coastal land means land in a coastal management district other than land that is— freehold land, or land contracted to be granted in fee simple by the State; or a State forest or timber reserve under the Forestry Act 1959 ; or in a watercourse or lake as defined under the Water Act 2000 ; or subject to a lease or licence issued by the State.\n(sec.17-ssec.2) In this section— licence includes a permit or other authority issued under any Act relating to mining, but does not include a permit issued under the Land Act 1994 , section 177 (1) .\n- (a) freehold land, or land contracted to be granted in fee simple by the State; or\n- (b) a State forest or timber reserve under the Forestry Act 1959 ; or\n- (c) in a watercourse or lake as defined under the Water Act 2000 ; or\n- (d) subject to a lease or licence issued by the State.","sortOrder":21},{"sectionNumber":"ch.1-pt.3-div.3","sectionType":"division","heading":"General","content":"## General","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Aboriginal people and Torres Strait Islanders particularly concerned with land","content":"### sec.18 Aboriginal people and Torres Strait Islanders particularly concerned with land\n\nAboriginal people and Torres Strait Islanders are particularly concerned with land if—\nthey are members of a group that has a particular connection with land under Aboriginal tradition or Island custom; or\nthey live on or use the land or neighbouring land.\n- (a) they are members of a group that has a particular connection with land under Aboriginal tradition or Island custom; or\n- (b) they live on or use the land or neighbouring land.","sortOrder":23},{"sectionNumber":"ch.1-pt.3A","sectionType":"part","heading":"Coastal zone map","content":"# Coastal zone map","sortOrder":24},{"sectionNumber":"sec.18A","sectionType":"section","heading":"What is the coastal zone map","content":"### sec.18A What is the coastal zone map\n\nThe coastal zone map is a map certified by the chief executive showing the coastal zone.\nThe coastal zone may include only—\ncoastal waters; and\nland and Queensland waters landward of coastal waters and seaward of the coastal zone inner limit.\nFor subsection (2) , the coastal zone inner limit is, subject to subsection (4) , the imaginary line every point of which represents the most landward of the following points—\nthe point that is 5km landward of the high-water mark;\nthe point nearest the high-water mark where land reaches the height of 10m Australian Height Datum.\nIf the imaginary line mentioned in subsection (3) intersects a lot, the line may follow either the seaward or landward boundary of the lot instead of following the imaginary line.\ns 18A prev s 18A ins 2005 No. 53 s 6\nom 2007 No. 36 s 2 sch\npres s 18A ins 2011 No. 6 s 12\n(sec.18A-ssec.1) The coastal zone map is a map certified by the chief executive showing the coastal zone.\n(sec.18A-ssec.2) The coastal zone may include only— coastal waters; and land and Queensland waters landward of coastal waters and seaward of the coastal zone inner limit.\n(sec.18A-ssec.3) For subsection (2) , the coastal zone inner limit is, subject to subsection (4) , the imaginary line every point of which represents the most landward of the following points— the point that is 5km landward of the high-water mark; the point nearest the high-water mark where land reaches the height of 10m Australian Height Datum.\n(sec.18A-ssec.4) If the imaginary line mentioned in subsection (3) intersects a lot, the line may follow either the seaward or landward boundary of the lot instead of following the imaginary line.\n- (a) coastal waters; and\n- (b) land and Queensland waters landward of coastal waters and seaward of the coastal zone inner limit.\n- (a) the point that is 5km landward of the high-water mark;\n- (b) the point nearest the high-water mark where land reaches the height of 10m Australian Height Datum.","sortOrder":25},{"sectionNumber":"sec.18B","sectionType":"section","heading":"Amending the coastal zone map","content":"### sec.18B Amending the coastal zone map\n\nThe chief executive may amend a coastal zone map (the old map ) by—\nreplacing the map; and\ncertifying a coastal zone map that replaces the old map.\ns 18B ins 2011 No. 6 s 12\n- (a) replacing the map; and\n- (b) certifying a coastal zone map that replaces the old map.","sortOrder":26},{"sectionNumber":"sec.18C","sectionType":"section","heading":"When coastal zone map takes effect","content":"### sec.18C When coastal zone map takes effect\n\nThe coastal zone map, or a map replacing a coastal zone map, does not take effect until a regulation approves the map.\nThe regulation must state the day on which the map was certified by the chief executive.\nA reference to a coastal zone map is taken to include any replacement under subsection (1) that has taken effect.\ns 18C ins 2011 No. 6 s 12\n(sec.18C-ssec.1) The coastal zone map, or a map replacing a coastal zone map, does not take effect until a regulation approves the map.\n(sec.18C-ssec.2) The regulation must state the day on which the map was certified by the chief executive.\n(sec.18C-ssec.3) A reference to a coastal zone map is taken to include any replacement under subsection (1) that has taken effect.","sortOrder":27},{"sectionNumber":"sec.18D","sectionType":"section","heading":"Public inspection and purchase of coastal zone map","content":"### sec.18D Public inspection and purchase of coastal zone map\n\nThe chief executive must keep the coastal zone map available for inspection by the public during office hours on business days at—\nthe head office and each regional office of the department; and\nat other places the chief executive considers appropriate.\nOn payment of a fee decided by the chief executive, a person may buy a copy of the coastal zone map.\nThe fee for a copy of the coastal zone map must not be more than the reasonable cost of publishing the map.\nThe chief executive must publish the digital electronic form of the coastal zone map on the department’s website.\ns 18D ins 2011 No. 6 s 12\n(sec.18D-ssec.1) The chief executive must keep the coastal zone map available for inspection by the public during office hours on business days at— the head office and each regional office of the department; and at other places the chief executive considers appropriate.\n(sec.18D-ssec.2) On payment of a fee decided by the chief executive, a person may buy a copy of the coastal zone map.\n(sec.18D-ssec.3) The fee for a copy of the coastal zone map must not be more than the reasonable cost of publishing the map.\n(sec.18D-ssec.4) The chief executive must publish the digital electronic form of the coastal zone map on the department’s website.\n- (a) the head office and each regional office of the department; and\n- (b) at other places the chief executive considers appropriate.","sortOrder":28},{"sectionNumber":"ch.1-pt.4","sectionType":"part","heading":"Application of Act","content":"# Application of Act","sortOrder":29},{"sectionNumber":"sec.19","sectionType":"section","heading":"Act binds all persons","content":"### sec.19 Act binds all persons\n\nThis Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.","sortOrder":30},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Coastal plan","content":"# Coastal plan","sortOrder":31},{"sectionNumber":"ch.2-pt.1-div.1","sectionType":"division","heading":"Requirement for coastal plan","content":"## Requirement for coastal plan","sortOrder":32},{"sectionNumber":"sec.20","sectionType":"section","heading":"Coastal plan must be prepared","content":"### sec.20 Coastal plan must be prepared\n\nThe Minister must prepare a coastal plan for the coastal zone.\ns 20 sub 2011 No. 6 s 13","sortOrder":33},{"sectionNumber":"sec.21","sectionType":"section","heading":"Content of coastal plan","content":"### sec.21 Content of coastal plan\n\nThe coastal plan must describe how the coastal zone is to be managed.\nIn preparing the coastal plan, the Minister must consider—\npublic access to the foreshore; and\nthe effect of climate change on coastal management.\nThe coastal plan may include either or both of the following—\na map or series of maps showing coastal resource information;\nrequirements about coastal resources or land management in the coastal zone.\ns 21 amd 2001 No. 93 s 24 sch\nsub 2011 No. 6 s 13\namd 2016 No. 27 s 135\n(sec.21-ssec.1) The coastal plan must describe how the coastal zone is to be managed.\n(sec.21-ssec.2) In preparing the coastal plan, the Minister must consider— public access to the foreshore; and the effect of climate change on coastal management.\n(sec.21-ssec.3) The coastal plan may include either or both of the following— a map or series of maps showing coastal resource information; requirements about coastal resources or land management in the coastal zone.\n- (a) public access to the foreshore; and\n- (b) the effect of climate change on coastal management.\n- (a) a map or series of maps showing coastal resource information;\n- (b) requirements about coastal resources or land management in the coastal zone.","sortOrder":34},{"sectionNumber":"sec.22","sectionType":"section","heading":"Process for making, amending or replacing coastal plan","content":"### sec.22 Process for making, amending or replacing coastal plan\n\nThe process stated in divisions 2 and 3 must be followed for making, amending or replacing the coastal plan.\nA regulation may state an additional requirement to be followed for making, amending or replacing the coastal plan.\nIf a regulation under subsection (2) states an additional requirement, the requirement must be complied with.\ns 22 sub 2011 No. 6 s 13\n(sec.22-ssec.1) The process stated in divisions 2 and 3 must be followed for making, amending or replacing the coastal plan.\n(sec.22-ssec.2) A regulation may state an additional requirement to be followed for making, amending or replacing the coastal plan.\n(sec.22-ssec.3) If a regulation under subsection (2) states an additional requirement, the requirement must be complied with.","sortOrder":35},{"sectionNumber":"sec.23","sectionType":"section","heading":"Compliance with divs 2 and 3 and regulation under s 22 (2)","content":"### sec.23 Compliance with divs 2 and 3 and regulation under s 22 (2)\n\nDespite divisions 2 and 3 and any regulation made under section 22 (2) , if a coastal plan is made, amended or replaced in substantial compliance with the process stated in the divisions and regulation, the coastal plan, amendment or replacement is valid so long as any noncompliance has not—\nadversely affected the awareness of the public of the existence and nature of the proposed coastal plan, amendment or replacement; or\nrestricted the opportunity of the public to make properly made submissions about the proposed coastal plan, amendment or replacement under the process stated in the divisions and regulation.\ns 23 sub 2011 No. 6 s 13\n- (a) adversely affected the awareness of the public of the existence and nature of the proposed coastal plan, amendment or replacement; or\n- (b) restricted the opportunity of the public to make properly made submissions about the proposed coastal plan, amendment or replacement under the process stated in the divisions and regulation.","sortOrder":36},{"sectionNumber":"ch.2-pt.1-div.2","sectionType":"division","heading":"Making coastal plan","content":"## Making coastal plan","sortOrder":37},{"sectionNumber":"sec.24","sectionType":"section","heading":"Preparation of draft coastal plan","content":"### sec.24 Preparation of draft coastal plan\n\nBefore making the coastal plan, the Minister must prepare a draft of the plan.\ns 24 sub 2011 No. 6 s 13","sortOrder":38},{"sectionNumber":"sec.25","sectionType":"section","heading":"Notice about draft coastal plan","content":"### sec.25 Notice about draft coastal plan\n\nThe Minister must publish a notice about a draft coastal plan prepared under section 24 in—\nthe gazette; and\na newspaper circulating generally in Queensland.\nThe notice must state the following—\nthat the draft plan is available for inspection and purchase;\nwhere copies of the draft plan may be inspected and purchased, including, for example, the department’s website;\na contact telephone number for information about the draft plan;\nthat written submissions about any aspect of the draft plan may be given by any person to the Minister;\nthe period (the consultation period ) during which the submissions may be made;\nthe requirements for a properly made submission.\nThe consultation period must be at least 40 business days after the day the notice is gazetted.\nThe Minister must give a copy of the notice and draft plan to—\neach local government, port authority and port operator within the area covered by the draft plan; and\nany other group or person the Minister considers appropriate.\nA local government, port authority or port operator receiving a copy of the draft plan must make the copy available for inspection by the public.\ns 25 amd 2004 No. 48 s 5\nsub 2011 No. 6 s 13\namd 2016 No. 27 s 136\n(sec.25-ssec.1) The Minister must publish a notice about a draft coastal plan prepared under section 24 in— the gazette; and a newspaper circulating generally in Queensland.\n(sec.25-ssec.2) The notice must state the following— that the draft plan is available for inspection and purchase; where copies of the draft plan may be inspected and purchased, including, for example, the department’s website; a contact telephone number for information about the draft plan; that written submissions about any aspect of the draft plan may be given by any person to the Minister; the period (the consultation period ) during which the submissions may be made; the requirements for a properly made submission.\n(sec.25-ssec.3) The consultation period must be at least 40 business days after the day the notice is gazetted.\n(sec.25-ssec.4) The Minister must give a copy of the notice and draft plan to— each local government, port authority and port operator within the area covered by the draft plan; and any other group or person the Minister considers appropriate.\n(sec.25-ssec.5) A local government, port authority or port operator receiving a copy of the draft plan must make the copy available for inspection by the public.\n- (a) the gazette; and\n- (b) a newspaper circulating generally in Queensland.\n- (a) that the draft plan is available for inspection and purchase;\n- (b) where copies of the draft plan may be inspected and purchased, including, for example, the department’s website;\n- (c) a contact telephone number for information about the draft plan;\n- (d) that written submissions about any aspect of the draft plan may be given by any person to the Minister;\n- (e) the period (the consultation period ) during which the submissions may be made;\n- (f) the requirements for a properly made submission.\n- (a) each local government, port authority and port operator within the area covered by the draft plan; and\n- (b) any other group or person the Minister considers appropriate.","sortOrder":39},{"sectionNumber":"sec.26","sectionType":"section","heading":"Keeping draft coastal plan available for inspection","content":"### sec.26 Keeping draft coastal plan available for inspection\n\nFor the duration of the consultation period, the Minister must—\nkeep the draft coastal plan available for inspection by members of the public during office hours on business days at—\nthe head office and each regional office of the department; and\nother places the chief executive considers appropriate; and\npublish a copy of the draft plan on the department’s website.\nOn payment of a fee decided by the chief executive, a person may buy a copy of the draft plan.\nThe fee for a copy of the draft plan must not be more than the reasonable cost of publishing the copy.\ns 26 sub 2011 No. 6 s 13\n(sec.26-ssec.1) For the duration of the consultation period, the Minister must— keep the draft coastal plan available for inspection by members of the public during office hours on business days at— the head office and each regional office of the department; and other places the chief executive considers appropriate; and publish a copy of the draft plan on the department’s website.\n(sec.26-ssec.2) On payment of a fee decided by the chief executive, a person may buy a copy of the draft plan.\n(sec.26-ssec.3) The fee for a copy of the draft plan must not be more than the reasonable cost of publishing the copy.\n- (a) keep the draft coastal plan available for inspection by members of the public during office hours on business days at— (i) the head office and each regional office of the department; and (ii) other places the chief executive considers appropriate; and\n- (i) the head office and each regional office of the department; and\n- (ii) other places the chief executive considers appropriate; and\n- (b) publish a copy of the draft plan on the department’s website.\n- (i) the head office and each regional office of the department; and\n- (ii) other places the chief executive considers appropriate; and","sortOrder":40},{"sectionNumber":"sec.27","sectionType":"section","heading":"Making coastal plan","content":"### sec.27 Making coastal plan\n\nThe Minister must consider each properly made submission about the draft coastal plan.\nAfter considering each submission, the Minister may—\nmake the coastal plan as provided for in the draft plan; or\nmake the coastal plan as provided for in the draft plan with amendments the Minister considers appropriate.\ns 27 sub 2011 No. 6 s 13\n(sec.27-ssec.1) The Minister must consider each properly made submission about the draft coastal plan.\n(sec.27-ssec.2) After considering each submission, the Minister may— make the coastal plan as provided for in the draft plan; or make the coastal plan as provided for in the draft plan with amendments the Minister considers appropriate.\n- (a) make the coastal plan as provided for in the draft plan; or\n- (b) make the coastal plan as provided for in the draft plan with amendments the Minister considers appropriate.","sortOrder":41},{"sectionNumber":"sec.28","sectionType":"section","heading":"Notice about making coastal plan","content":"### sec.28 Notice about making coastal plan\n\nAfter the coastal plan is made, the Minister must publish a notice about its making in the gazette and in a newspaper circulating generally in the State.\nThe notice must state—\nthe day the plan was made; and\nwhere a copy of the plan may be inspected or purchased.\nThe Minister must give a copy of the plan to—\neach local government, port authority and port operator within the area covered by the plan; and\nany other group or person the Minister considers appropriate.\ns 28 sub 2011 No. 6 s 13\namd 2016 No. 27 s 137\n(sec.28-ssec.1) After the coastal plan is made, the Minister must publish a notice about its making in the gazette and in a newspaper circulating generally in the State.\n(sec.28-ssec.2) The notice must state— the day the plan was made; and where a copy of the plan may be inspected or purchased.\n(sec.28-ssec.3) The Minister must give a copy of the plan to— each local government, port authority and port operator within the area covered by the plan; and any other group or person the Minister considers appropriate.\n- (a) the day the plan was made; and\n- (b) where a copy of the plan may be inspected or purchased.\n- (a) each local government, port authority and port operator within the area covered by the plan; and\n- (b) any other group or person the Minister considers appropriate.","sortOrder":42},{"sectionNumber":"ch.2-pt.1-div.3","sectionType":"division","heading":"Amending or replacing coastal plan","content":"## Amending or replacing coastal plan","sortOrder":43},{"sectionNumber":"sec.29","sectionType":"section","heading":"Administrative amendments","content":"### sec.29 Administrative amendments\n\nThe Minister may make an administrative amendment of the coastal plan.\nAfter the coastal plan is amended under subsection (1) , the Minister must publish a notice about the amendment—\nin the gazette; and\nin a newspaper circulating generally—\nif the amendment has effect throughout the State or is made for the whole of the State—in the State; or\nif the amendment has effect only in a part of the State—in that part.\nThe notice must state—\nthe day the amendment was made; and\nwhere a copy of the coastal plan, as amended, may be inspected or purchased.\nDivision 2 does not apply to the making of an amendment under this section.\ns 29 sub 2001 No. 93 s 9 ; 2011 No. 6 s 13\n(sec.29-ssec.1) The Minister may make an administrative amendment of the coastal plan.\n(sec.29-ssec.2) After the coastal plan is amended under subsection (1) , the Minister must publish a notice about the amendment— in the gazette; and in a newspaper circulating generally— if the amendment has effect throughout the State or is made for the whole of the State—in the State; or if the amendment has effect only in a part of the State—in that part.\n(sec.29-ssec.3) The notice must state— the day the amendment was made; and where a copy of the coastal plan, as amended, may be inspected or purchased.\n(sec.29-ssec.4) Division 2 does not apply to the making of an amendment under this section.\n- (a) in the gazette; and\n- (b) in a newspaper circulating generally— (i) if the amendment has effect throughout the State or is made for the whole of the State—in the State; or (ii) if the amendment has effect only in a part of the State—in that part.\n- (i) if the amendment has effect throughout the State or is made for the whole of the State—in the State; or\n- (ii) if the amendment has effect only in a part of the State—in that part.\n- (i) if the amendment has effect throughout the State or is made for the whole of the State—in the State; or\n- (ii) if the amendment has effect only in a part of the State—in that part.\n- (a) the day the amendment was made; and\n- (b) where a copy of the coastal plan, as amended, may be inspected or purchased.","sortOrder":44},{"sectionNumber":"sec.30","sectionType":"section","heading":"Other amendments","content":"### sec.30 Other amendments\n\nThe Minister may make an amendment, other than an administrative amendment, of the coastal plan only if the process under division 2 for making the coastal plan has been followed subject to subsections (2) and (3) .\nFor subsection (1) , division 2 applies—\nas if a reference in the division to the coastal plan were a reference to an amendment of the coastal plan; and\nas if a reference in the division to a draft coastal plan were a reference to a draft amendment of the coastal plan; and\nas if the reference in section 25 (3) to 40 business days were a reference to 20 business days; and\nwith other necessary changes.\nWhen acting under division 2 , the Minister also may decide not to proceed with the amendment of the coastal plan.\ns 30 sub 2011 No. 6 s 13\n(sec.30-ssec.1) The Minister may make an amendment, other than an administrative amendment, of the coastal plan only if the process under division 2 for making the coastal plan has been followed subject to subsections (2) and (3) .\n(sec.30-ssec.2) For subsection (1) , division 2 applies— as if a reference in the division to the coastal plan were a reference to an amendment of the coastal plan; and as if a reference in the division to a draft coastal plan were a reference to a draft amendment of the coastal plan; and as if the reference in section 25 (3) to 40 business days were a reference to 20 business days; and with other necessary changes.\n(sec.30-ssec.3) When acting under division 2 , the Minister also may decide not to proceed with the amendment of the coastal plan.\n- (a) as if a reference in the division to the coastal plan were a reference to an amendment of the coastal plan; and\n- (b) as if a reference in the division to a draft coastal plan were a reference to a draft amendment of the coastal plan; and\n- (c) as if the reference in section 25 (3) to 40 business days were a reference to 20 business days; and\n- (d) with other necessary changes.","sortOrder":45},{"sectionNumber":"sec.31","sectionType":"section","heading":"Replacement of coastal plan","content":"### sec.31 Replacement of coastal plan\n\nThe Minister may, by following the process under division 2 for making a coastal plan, replace the existing coastal plan with a new plan.\ns 31 amd 1999 No. 59 s 22 ; 2001 No. 93 s 10\nsub 2011 No. 6 s 13","sortOrder":46},{"sectionNumber":"ch.2-pt.1-div.4","sectionType":"division","heading":"When coastal plan or amendment has effect","content":"## When coastal plan or amendment has effect","sortOrder":47},{"sectionNumber":"sec.32","sectionType":"section","heading":"When coastal plan or amendment has effect","content":"### sec.32 When coastal plan or amendment has effect\n\nThe coastal plan or an amendment of the coastal plan takes effect on—\nthe day the notice about the making of the plan or amendment is gazetted under section 28 or 29 ; or\nif a later day for the commencement of the plan or amendment is stated in the notice, plan or amendment—the later day.\nIf the coastal plan states that it replaces the existing coastal plan, it replaces the existing plan on and from the day the replacement plan takes effect under subsection (1) .\ns 32 amd 2010 No. 19 s 7\nsub 2011 No. 6 s 13\n(sec.32-ssec.1) The coastal plan or an amendment of the coastal plan takes effect on— the day the notice about the making of the plan or amendment is gazetted under section 28 or 29 ; or if a later day for the commencement of the plan or amendment is stated in the notice, plan or amendment—the later day.\n(sec.32-ssec.2) If the coastal plan states that it replaces the existing coastal plan, it replaces the existing plan on and from the day the replacement plan takes effect under subsection (1) .\n- (a) the day the notice about the making of the plan or amendment is gazetted under section 28 or 29 ; or\n- (b) if a later day for the commencement of the plan or amendment is stated in the notice, plan or amendment—the later day.","sortOrder":48},{"sectionNumber":"sec.33","sectionType":"section","heading":"Duration of coastal plan","content":"### sec.33 Duration of coastal plan\n\nThe coastal plan ceases to have effect on—\nthe day the coastal plan is replaced under division 3 ; or\notherwise—the day that is 10 years after the day the coastal plan had effect.\nDespite subsection (1) (b) , if a day for the ending of the coastal plan is prescribed under a regulation made before the period mentioned in subsection (1) (b) ends, the coastal plan ends on the prescribed day.\nThe prescribed day must not be more than 12 years after the day the coastal plan had effect.\ns 33 sub 2011 No. 6 s 13\n(sec.33-ssec.1) The coastal plan ceases to have effect on— the day the coastal plan is replaced under division 3 ; or otherwise—the day that is 10 years after the day the coastal plan had effect.\n(sec.33-ssec.2) Despite subsection (1) (b) , if a day for the ending of the coastal plan is prescribed under a regulation made before the period mentioned in subsection (1) (b) ends, the coastal plan ends on the prescribed day.\n(sec.33-ssec.3) The prescribed day must not be more than 12 years after the day the coastal plan had effect.\n- (a) the day the coastal plan is replaced under division 3 ; or\n- (b) otherwise—the day that is 10 years after the day the coastal plan had effect.","sortOrder":49},{"sectionNumber":"ch.2-pt.1-div.5","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":50},{"sectionNumber":"sec.34","sectionType":"section","heading":"Implementation of coastal plan","content":"### sec.34 Implementation of coastal plan\n\nThe chief executive must implement the coastal plan.\nHowever, the chief executive may arrange for a department, local government, port authority, port operator or statutory authority (a relevant entity ) to carry out particular activities necessary to implement the coastal plan.\nWithout limiting subsection (2) , the chief executive may—\nask a relevant entity responsible for managing land in the coastal zone to manage the land in a way that is consistent with coastal management; and\nask a relevant entity to carry out an activity in the coastal zone involving—\nthe construction or maintenance of works; or\nthe extraction of material; or\nthe disposal of extracted material.\ns 34 amd 1999 No. 59 s 23\nsub 2011 No. 6 s 13\namd 2016 No. 27 s 138\n(sec.34-ssec.1) The chief executive must implement the coastal plan.\n(sec.34-ssec.2) However, the chief executive may arrange for a department, local government, port authority, port operator or statutory authority (a relevant entity ) to carry out particular activities necessary to implement the coastal plan.\n(sec.34-ssec.3) Without limiting subsection (2) , the chief executive may— ask a relevant entity responsible for managing land in the coastal zone to manage the land in a way that is consistent with coastal management; and ask a relevant entity to carry out an activity in the coastal zone involving— the construction or maintenance of works; or the extraction of material; or the disposal of extracted material.\n- (a) ask a relevant entity responsible for managing land in the coastal zone to manage the land in a way that is consistent with coastal management; and\n- (b) ask a relevant entity to carry out an activity in the coastal zone involving— (i) the construction or maintenance of works; or (ii) the extraction of material; or (ii) the disposal of extracted material.\n- (i) the construction or maintenance of works; or\n- (ii) the extraction of material; or\n- (ii) the disposal of extracted material.\n- (i) the construction or maintenance of works; or\n- (ii) the extraction of material; or\n- (ii) the disposal of extracted material.","sortOrder":51},{"sectionNumber":"sec.35","sectionType":"section","heading":"Effect of coastal plan","content":"### sec.35 Effect of coastal plan\n\nThe coastal plan is a statutory instrument under the Statutory Instruments Act 1992 .\ns 35 amd 1999 No. 59 s 24\nsub 2011 No. 6 s 13","sortOrder":52},{"sectionNumber":"sec.36","sectionType":"section","heading":"Public inspection and purchase of coastal plan or draft coastal plan","content":"### sec.36 Public inspection and purchase of coastal plan or draft coastal plan\n\nAfter the coastal plan is made, the chief executive must publish a copy of the coastal plan on the department’s website.\nAlso, the chief executive must keep the coastal plan, and the draft of the coastal plan prepared under section 24 , available for inspection by the public during office hours on business days at—\nthe head office and each regional office of the department; and\nother places the chief executive considers appropriate.\nOn payment of a fee decided by the chief executive, a person may buy a copy of the coastal plan or draft coastal plan.\nThe fee for a copy of the coastal plan or draft coastal plan must not be more than the reasonable cost of publishing the copy.\ns 36 amd 1999 No. 59 s 25 ; 2001 No. 93 s 24 sch ; 2010 No. 19 s 8\nsub 2011 No. 6 s 13\n(sec.36-ssec.1) After the coastal plan is made, the chief executive must publish a copy of the coastal plan on the department’s website.\n(sec.36-ssec.2) Also, the chief executive must keep the coastal plan, and the draft of the coastal plan prepared under section 24 , available for inspection by the public during office hours on business days at— the head office and each regional office of the department; and other places the chief executive considers appropriate.\n(sec.36-ssec.3) On payment of a fee decided by the chief executive, a person may buy a copy of the coastal plan or draft coastal plan.\n(sec.36-ssec.4) The fee for a copy of the coastal plan or draft coastal plan must not be more than the reasonable cost of publishing the copy.\n- (a) the head office and each regional office of the department; and\n- (b) other places the chief executive considers appropriate.","sortOrder":53},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":54},{"sectionNumber":"sec.37","sectionType":"section","heading":null,"content":"### Section sec.37\n\ns 37 amd 2010 No. 19 s 9\nom 2011 No. 6 s 13","sortOrder":55},{"sectionNumber":"sec.38","sectionType":"section","heading":null,"content":"### Section sec.38\n\ns 38 om 2011 No. 6 s 13","sortOrder":56},{"sectionNumber":"sec.39","sectionType":"section","heading":null,"content":"### Section sec.39\n\ns 39 amd 2004 No. 48 s 6 ; 2010 No. 19 s 10\nom 2011 No. 6 s 13","sortOrder":57},{"sectionNumber":"sec.40","sectionType":"section","heading":null,"content":"### Section sec.40\n\ns 40 amd 1999 No. 59 s 26 ; 2001 No. 93 s 24 sch\nom 2011 No. 6 s 13","sortOrder":58},{"sectionNumber":"sec.41","sectionType":"section","heading":null,"content":"### Section sec.41\n\ns 41 amd 1999 No. 59 s 27\nom 2011 No. 6 s 13","sortOrder":59},{"sectionNumber":"sec.42","sectionType":"section","heading":null,"content":"### Section sec.42\n\ns 42 om 2011 No. 6 s 13","sortOrder":60},{"sectionNumber":"sec.43","sectionType":"section","heading":null,"content":"### Section sec.43\n\ns 43 amd 2010 No. 19 s 11\nom 2011 No. 6 s 13","sortOrder":61},{"sectionNumber":"sec.44","sectionType":"section","heading":null,"content":"### Section sec.44\n\ns 44 om 2011 No. 6 s 13","sortOrder":62},{"sectionNumber":"sec.45","sectionType":"section","heading":null,"content":"### Section sec.45\n\ns 45 amd 2010 No. 19 s 12\nom 2011 No. 6 s 13","sortOrder":63},{"sectionNumber":"sec.46","sectionType":"section","heading":null,"content":"### Section sec.46\n\ns 46 amd 1999 No. 59 s 28 ; 2001 No. 93 s 24 sch\nom 2011 No. 6 s 13","sortOrder":64},{"sectionNumber":"sec.47","sectionType":"section","heading":null,"content":"### Section sec.47\n\ns 47 amd 1999 No. 59 s 29\nom 2011 No. 6 s 13","sortOrder":65},{"sectionNumber":"sec.48","sectionType":"section","heading":null,"content":"### Section sec.48\n\ns 48 amd 2010 No. 19 s 13\nom 2011 No. 6 s 13","sortOrder":66},{"sectionNumber":"sec.49","sectionType":"section","heading":null,"content":"### Section sec.49\n\ns 49 ins 1999 No. 59 s 30\nom 2011 No. 6 s 13","sortOrder":67},{"sectionNumber":"sec.50","sectionType":"section","heading":null,"content":"### Section sec.50\n\ns 50 ins 1999 No. 59 s 30\namd 2003 No. 64 s 115 (amd 2004 No. 20 s 35 ); 2009 No. 36 s 872 sch 2\nom 2011 No. 6 s 13","sortOrder":68},{"sectionNumber":"sec.51","sectionType":"section","heading":null,"content":"### Section sec.51\n\ns 51 sub 1999 No. 59 s 31\namd 2001 No. 93 s 11\nom 2011 No. 6 s 13","sortOrder":69},{"sectionNumber":"sec.52","sectionType":"section","heading":null,"content":"### Section sec.52\n\ns 52 om 2011 No. 6 s 13","sortOrder":70},{"sectionNumber":"sec.53","sectionType":"section","heading":null,"content":"### Section sec.53\n\ns 53 sub 2001 No. 93 s 12\nom 2009 No. 36 s 872 sch 2","sortOrder":71},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Coastal management districts","content":"# Coastal management districts","sortOrder":72},{"sectionNumber":"ch.2-pt.3-div.1","sectionType":"division","heading":"Declaration, amendment, amalgamation and abolition of coastal management districts","content":"## Declaration, amendment, amalgamation and abolition of coastal management districts","sortOrder":73},{"sectionNumber":"sec.54","sectionType":"section","heading":"Declaration of coastal management districts","content":"### sec.54 Declaration of coastal management districts\n\nAn area within the coastal zone may, under a regulation, be declared as a coastal management district if the Minister considers the area requires protection or management.\nIn addition, the Minister may, by written notice, declare an area to be a coastal management district, or part of an existing coastal management district, only if the Minister considers the area requires immediate protection or management.\nThe notice is subordinate legislation and, unless it is earlier repealed, expires 6 months after it commences.\nA coastal management district may be assigned a name or number, or both.\nThe chief executive must give public notice of the declaration of a coastal management district.\nThe notice must be published in a newspaper circulating generally throughout the control district.\ns 54 amd 1999 No. 59 s 32 ; 2001 No. 93 ss 13 , 24 sch ; 2004 No. 48 s 8 ; 2011 No. 6 s 14 ; 2012 No. 25 s 195 sch\n(sec.54-ssec.1) An area within the coastal zone may, under a regulation, be declared as a coastal management district if the Minister considers the area requires protection or management.\n(sec.54-ssec.2) In addition, the Minister may, by written notice, declare an area to be a coastal management district, or part of an existing coastal management district, only if the Minister considers the area requires immediate protection or management.\n(sec.54-ssec.3) The notice is subordinate legislation and, unless it is earlier repealed, expires 6 months after it commences.\n(sec.54-ssec.5) A coastal management district may be assigned a name or number, or both.\n(sec.54-ssec.6) The chief executive must give public notice of the declaration of a coastal management district.\n(sec.54-ssec.7) The notice must be published in a newspaper circulating generally throughout the control district.","sortOrder":74},{"sectionNumber":"sec.55","sectionType":"section","heading":null,"content":"### Section sec.55\n\ns 55 amd 2001 No. 93 s 24 sch ; 2009 No. 36 s 872 sch 2\nom 2011 No. 6 s 15","sortOrder":75},{"sectionNumber":"sec.56","sectionType":"section","heading":"Things to be considered when declaring coastal management districts","content":"### sec.56 Things to be considered when declaring coastal management districts\n\nThe following things must be considered before an area is declared as a coastal management district—\nthe area’s vulnerability to erosion by the sea or to wind induced effects;\nwhether the area should be kept in an undeveloped state to maintain or enhance the coast or coastal resources;\npublic access to a foreshore in the area;\nforeseeable human impacts and coastal hazards in the area;\nthe existing tenure of, interests in, and rights to, land in the area;\nAboriginal tradition and Island custom of Aboriginal and Torres Strait Islander people particularly concerned with land in the area;\nplanning and development management of the area;\nthe need to conserve, protect or rehabilitate coastal ecological systems or geomorphic features of the area.\ns 56 amd 2001 No. 93 s 24 sch ; 2011 No. 6 s 16\n- (a) the area’s vulnerability to erosion by the sea or to wind induced effects;\n- (b) whether the area should be kept in an undeveloped state to maintain or enhance the coast or coastal resources;\n- (c) public access to a foreshore in the area;\n- (d) foreseeable human impacts and coastal hazards in the area;\n- (e) the existing tenure of, interests in, and rights to, land in the area;\n- (f) Aboriginal tradition and Island custom of Aboriginal and Torres Strait Islander people particularly concerned with land in the area;\n- (g) planning and development management of the area;\n- (h) the need to conserve, protect or rehabilitate coastal ecological systems or geomorphic features of the area.","sortOrder":76},{"sectionNumber":"sec.57","sectionType":"section","heading":"Notice declaring, changing or abolishing coastal management district","content":"### sec.57 Notice declaring, changing or abolishing coastal management district\n\nBefore a regulation, under section 54 (1) , is made declaring, changing the boundaries of or abolishing a coastal management district, the chief executive must give public notice of the proposed declaration, change or abolition (the proposal ).\nThe notice must—\nbe published in a newspaper circulating generally throughout the coastal management district; and\nstate where copies of the plan showing the proposal may be inspected and, on payment of a reasonable fee, purchased; and\ninvite written submissions from the public; and\nstate a day (not earlier than 40 business days from the publication of the notice) by which submissions may be made and the place where the submissions may be made.\nThe chief executive must send details of the proposal to each local government, port authority and port operator within the area covered by the district.\nThe Minister must consider all submissions properly made about the proposal.\nIf, when making a submission, a person asks the Minister for a response on the submission, the Minister must advise the person in writing—\nwhether the submission was accepted or rejected and, if it was rejected, the reasons for the rejection; and\nif the person is an owner of land in the coastal management district—the reason why the land was included in the district; and\nif a coastal building line is fixed for the land—the reason for fixing the line.\ns 57 amd 1999 No. 59 s 33 ; 2001 No. 93 s 24 sch ; 2010 No. 19 s 14 ; 2011 No. 6 s 17\n(sec.57-ssec.1) Before a regulation, under section 54 (1) , is made declaring, changing the boundaries of or abolishing a coastal management district, the chief executive must give public notice of the proposed declaration, change or abolition (the proposal ).\n(sec.57-ssec.2) The notice must— be published in a newspaper circulating generally throughout the coastal management district; and state where copies of the plan showing the proposal may be inspected and, on payment of a reasonable fee, purchased; and invite written submissions from the public; and state a day (not earlier than 40 business days from the publication of the notice) by which submissions may be made and the place where the submissions may be made.\n(sec.57-ssec.3) The chief executive must send details of the proposal to each local government, port authority and port operator within the area covered by the district.\n(sec.57-ssec.4) The Minister must consider all submissions properly made about the proposal.\n(sec.57-ssec.5) If, when making a submission, a person asks the Minister for a response on the submission, the Minister must advise the person in writing— whether the submission was accepted or rejected and, if it was rejected, the reasons for the rejection; and if the person is an owner of land in the coastal management district—the reason why the land was included in the district; and if a coastal building line is fixed for the land—the reason for fixing the line.\n- (a) be published in a newspaper circulating generally throughout the coastal management district; and\n- (b) state where copies of the plan showing the proposal may be inspected and, on payment of a reasonable fee, purchased; and\n- (c) invite written submissions from the public; and\n- (d) state a day (not earlier than 40 business days from the publication of the notice) by which submissions may be made and the place where the submissions may be made.\n- (a) whether the submission was accepted or rejected and, if it was rejected, the reasons for the rejection; and\n- (b) if the person is an owner of land in the coastal management district—the reason why the land was included in the district; and\n- (c) if a coastal building line is fixed for the land—the reason for fixing the line.","sortOrder":77},{"sectionNumber":"sec.58","sectionType":"section","heading":"Amendment, amalgamation and abolition of coastal management districts","content":"### sec.58 Amendment, amalgamation and abolition of coastal management districts\n\nThis section applies to a coastal management district declared under a regulation made under section 54 (1) .\nA regulation may—\nchange the boundaries of the district; or\namalgamate the district with 1 or more other districts; or\nabolish the district.\ns 58 amd 1999 No. 59 s 34 ; 2001 No. 93 s 24 sch ; 2011 No. 6 s 18\n(sec.58-ssec.1) This section applies to a coastal management district declared under a regulation made under section 54 (1) .\n(sec.58-ssec.2) A regulation may— change the boundaries of the district; or amalgamate the district with 1 or more other districts; or abolish the district.\n- (a) change the boundaries of the district; or\n- (b) amalgamate the district with 1 or more other districts; or\n- (c) abolish the district.","sortOrder":78},{"sectionNumber":"sec.58A","sectionType":"section","heading":"Amendment of coastal management districts in s 169","content":"### sec.58A Amendment of coastal management districts in s 169\n\nThis section applies to an area that became a coastal management district under section 169 , to the extent the area has not been later declared a coastal management district under section 54 .\nSubsection (3) applies if—\na coastal engineering assessment of an erosion prone area is prepared for a location; and\nthe chief executive agrees with the assessment; and\nthe chief executive amends the erosion prone area under section 71 ; and\nwhen the assessment is made, the width of the erosion prone area at the location is the same as the width of the coastal management district at the location.\nThe width of the coastal management district at the location is amended to be the same as the width of the amended erosion prone area at the location.\nTo remove any doubt, it is declared that public notice of the amendment of the coastal management district under this section is not required.\ns 58A ins 2004 No. 48 s 9\n(sec.58A-ssec.1) This section applies to an area that became a coastal management district under section 169 , to the extent the area has not been later declared a coastal management district under section 54 .\n(sec.58A-ssec.2) Subsection (3) applies if— a coastal engineering assessment of an erosion prone area is prepared for a location; and the chief executive agrees with the assessment; and the chief executive amends the erosion prone area under section 71 ; and when the assessment is made, the width of the erosion prone area at the location is the same as the width of the coastal management district at the location.\n(sec.58A-ssec.3) The width of the coastal management district at the location is amended to be the same as the width of the amended erosion prone area at the location.\n(sec.58A-ssec.4) To remove any doubt, it is declared that public notice of the amendment of the coastal management district under this section is not required.\n- (a) a coastal engineering assessment of an erosion prone area is prepared for a location; and\n- (b) the chief executive agrees with the assessment; and\n- (c) the chief executive amends the erosion prone area under section 71 ; and\n- (d) when the assessment is made, the width of the erosion prone area at the location is the same as the width of the coastal management district at the location.","sortOrder":79},{"sectionNumber":"ch.2-pt.3-div.2","sectionType":"division","heading":"Coastal protection and tidal works notices","content":"## Coastal protection and tidal works notices","sortOrder":80},{"sectionNumber":"sec.59","sectionType":"section","heading":"Coastal protection notices","content":"### sec.59 Coastal protection notices\n\nThis section applies only to activity in a coastal management district.\nThe chief executive may give a notice (a coastal protection notice ) to a person directing the person, within the reasonable time stated in the notice—\nto take the reasonable action stated in the notice to protect land; or\nto stop, or not start, an activity stated in the notice, if the chief executive is satisfied the activity is causing, or is likely to cause—\nan adverse effect on coastal resources; or\nwind erosion.\nIf the name of the person who started or is about to start the activity is not known, the notice may be given—\nin a newspaper circulating generally throughout the district; or\nif the notice is about activity over land—by displaying it in a prominent position on the land.\nWithout limiting subsection (2) , the notice may require the person—\nto build or maintain works; or\nto plant, cultivate or preserve, or not damage, vegetation native to the coastal management district; or\nnot to alter the geographical features of land; or\nto do anything else necessary to protect land from wind erosion; or\nto restore land; or\nto remove stock from land.\nThe notice must state that the person may appeal against the decision to give the notice within the period stated in the notice.\nAppeals are dealt with in chapter 5 .\nThe person must comply with the notice.\nMaximum penalty for subsection (6) —3,000 penalty units.\ns 59 amd 2001 No. 93 s 24 sch ; 2011 No. 6 s 19\n(sec.59-ssec.1) This section applies only to activity in a coastal management district.\n(sec.59-ssec.2) The chief executive may give a notice (a coastal protection notice ) to a person directing the person, within the reasonable time stated in the notice— to take the reasonable action stated in the notice to protect land; or to stop, or not start, an activity stated in the notice, if the chief executive is satisfied the activity is causing, or is likely to cause— an adverse effect on coastal resources; or wind erosion.\n(sec.59-ssec.3) If the name of the person who started or is about to start the activity is not known, the notice may be given— in a newspaper circulating generally throughout the district; or if the notice is about activity over land—by displaying it in a prominent position on the land.\n(sec.59-ssec.4) Without limiting subsection (2) , the notice may require the person— to build or maintain works; or to plant, cultivate or preserve, or not damage, vegetation native to the coastal management district; or not to alter the geographical features of land; or to do anything else necessary to protect land from wind erosion; or to restore land; or to remove stock from land.\n(sec.59-ssec.5) The notice must state that the person may appeal against the decision to give the notice within the period stated in the notice. Appeals are dealt with in chapter 5 .\n(sec.59-ssec.6) The person must comply with the notice. Maximum penalty for subsection (6) —3,000 penalty units.\n- (a) to take the reasonable action stated in the notice to protect land; or\n- (b) to stop, or not start, an activity stated in the notice, if the chief executive is satisfied the activity is causing, or is likely to cause— (i) an adverse effect on coastal resources; or (ii) wind erosion.\n- (i) an adverse effect on coastal resources; or\n- (ii) wind erosion.\n- (i) an adverse effect on coastal resources; or\n- (ii) wind erosion.\n- (a) in a newspaper circulating generally throughout the district; or\n- (b) if the notice is about activity over land—by displaying it in a prominent position on the land.\n- (a) to build or maintain works; or\n- (b) to plant, cultivate or preserve, or not damage, vegetation native to the coastal management district; or\n- (c) not to alter the geographical features of land; or\n- (d) to do anything else necessary to protect land from wind erosion; or\n- (e) to restore land; or\n- (f) to remove stock from land.","sortOrder":81},{"sectionNumber":"sec.60","sectionType":"section","heading":"Tidal works notices","content":"### sec.60 Tidal works notices\n\nSubsection (2) applies if, in the chief executive’s opinion, tidal works (the relevant works ) need repair, are abandoned or should be removed to—\nprotect public safety; or\nprevent adverse effects on coastal resources.\nThe chief executive may give a notice (a tidal works notice ) to the person responsible for the relevant works.\nSubsection (4) applies if, in the chief executive’s opinion, a structure mentioned in section 124 (1) or (3) needs repair, is abandoned or should be removed to—\nprotect public safety; or\nprevent adverse effects on coastal resources.\nThe chief executive may give a notice (also a tidal works notice ) to a person who must ensure the structure is maintained in a safe condition under section 124 (2) or (4) .\nIf the name of the person is not known, the notice may be given—\nin a newspaper circulating generally throughout the coastal management district; or\nby displaying it in a prominent position on the land.\nThe notice may direct the person within the reasonable time stated in the notice to take stated reasonable action to—\nrepair the relevant works or structure to the chief executive’s reasonable satisfaction; or\nremove the relevant works or structure, and restore the site, as nearly as practicable, to its former condition.\nThe notice must state that the person may appeal against the decision to give the notice within the period stated in the notice.\nThe person must comply with the notice.\nMaximum penalty for subsection (8) —3,000 penalty units.\ns 60 amd 2001 No. 93 s 24 sch ; 2004 No. 48 s 10 ; 2005 No. 53 s 7 ; 2011 No. 6 s 20\n(sec.60-ssec.1) Subsection (2) applies if, in the chief executive’s opinion, tidal works (the relevant works ) need repair, are abandoned or should be removed to— protect public safety; or prevent adverse effects on coastal resources.\n(sec.60-ssec.2) The chief executive may give a notice (a tidal works notice ) to the person responsible for the relevant works.\n(sec.60-ssec.3) Subsection (4) applies if, in the chief executive’s opinion, a structure mentioned in section 124 (1) or (3) needs repair, is abandoned or should be removed to— protect public safety; or prevent adverse effects on coastal resources.\n(sec.60-ssec.4) The chief executive may give a notice (also a tidal works notice ) to a person who must ensure the structure is maintained in a safe condition under section 124 (2) or (4) .\n(sec.60-ssec.5) If the name of the person is not known, the notice may be given— in a newspaper circulating generally throughout the coastal management district; or by displaying it in a prominent position on the land.\n(sec.60-ssec.6) The notice may direct the person within the reasonable time stated in the notice to take stated reasonable action to— repair the relevant works or structure to the chief executive’s reasonable satisfaction; or remove the relevant works or structure, and restore the site, as nearly as practicable, to its former condition.\n(sec.60-ssec.7) The notice must state that the person may appeal against the decision to give the notice within the period stated in the notice.\n(sec.60-ssec.8) The person must comply with the notice. Maximum penalty for subsection (8) —3,000 penalty units.\n- (a) protect public safety; or\n- (b) prevent adverse effects on coastal resources.\n- (a) protect public safety; or\n- (b) prevent adverse effects on coastal resources.\n- (a) in a newspaper circulating generally throughout the coastal management district; or\n- (b) by displaying it in a prominent position on the land.\n- (a) repair the relevant works or structure to the chief executive’s reasonable satisfaction; or\n- (b) remove the relevant works or structure, and restore the site, as nearly as practicable, to its former condition.","sortOrder":82},{"sectionNumber":"sec.61","sectionType":"section","heading":"Chief executive may take required action","content":"### sec.61 Chief executive may take required action\n\nIf a person fails to comply with a coastal protection or tidal works notice requiring particular action to be taken (the required action ), the chief executive may take the required action.\nFor subsection (1) , the chief executive, or a person authorised by the chief executive, may, without any further authority apart from this subsection—\nenter and re-enter land at all reasonable times; and\nremain on the land for the time that is necessary and reasonable; and\ntake onto, and keep on, the land the vehicles, materials, equipment and other things that are necessary and reasonable.\nThe chief executive may recover, as a debt, from the person to whom the notice is directed, the costs and expenses reasonably incurred in taking the required action.\n(sec.61-ssec.1) If a person fails to comply with a coastal protection or tidal works notice requiring particular action to be taken (the required action ), the chief executive may take the required action.\n(sec.61-ssec.2) For subsection (1) , the chief executive, or a person authorised by the chief executive, may, without any further authority apart from this subsection— enter and re-enter land at all reasonable times; and remain on the land for the time that is necessary and reasonable; and take onto, and keep on, the land the vehicles, materials, equipment and other things that are necessary and reasonable.\n(sec.61-ssec.3) The chief executive may recover, as a debt, from the person to whom the notice is directed, the costs and expenses reasonably incurred in taking the required action.\n- (a) enter and re-enter land at all reasonable times; and\n- (b) remain on the land for the time that is necessary and reasonable; and\n- (c) take onto, and keep on, the land the vehicles, materials, equipment and other things that are necessary and reasonable.","sortOrder":83},{"sectionNumber":"sec.62","sectionType":"section","heading":"Forfeiture of property","content":"### sec.62 Forfeiture of property\n\nThis section applies if a coastal protection or tidal works notice is given to a person in relation to property that belongs to the person and is on unallocated State land.\nIf the person does not comply with the notice, or appeals against the giving of the notice, then—\nif an appeal is not made against the giving of the notice within the period stated in the notice—the property is forfeited to the State at the end of the stated period; or\nif an appeal is made but is dismissed—the property is forfeited to the State when the final decision on the appeal is made.\n(sec.62-ssec.1) This section applies if a coastal protection or tidal works notice is given to a person in relation to property that belongs to the person and is on unallocated State land.\n(sec.62-ssec.2) If the person does not comply with the notice, or appeals against the giving of the notice, then— if an appeal is not made against the giving of the notice within the period stated in the notice—the property is forfeited to the State at the end of the stated period; or if an appeal is made but is dismissed—the property is forfeited to the State when the final decision on the appeal is made.\n- (a) if an appeal is not made against the giving of the notice within the period stated in the notice—the property is forfeited to the State at the end of the stated period; or\n- (b) if an appeal is made but is dismissed—the property is forfeited to the State when the final decision on the appeal is made.","sortOrder":84},{"sectionNumber":"sec.63","sectionType":"section","heading":"Record of coastal protection or tidal works notice in land registry","content":"### sec.63 Record of coastal protection or tidal works notice in land registry\n\nThis section applies if a coastal protection or tidal works notice is given in relation to land other than unallocated State land.\nAs soon as practicable after giving the notice, the chief executive must give written notice to the registrar of titles of the giving of the notice.\nThe registrar must keep records that show the notice has been given.\nThe registrar must keep the records in a way that a search of the register kept by the registrar under any Act relating to title to the land will show the notice has been given.\nAs soon as practicable after the notice has been complied with, the chief executive must give written notice to the registrar of compliance with the notice.\nAs soon as practicable after receiving the notice of compliance, the registrar must remove the particulars of the notice from the registrar’s records.\n(sec.63-ssec.1) This section applies if a coastal protection or tidal works notice is given in relation to land other than unallocated State land.\n(sec.63-ssec.2) As soon as practicable after giving the notice, the chief executive must give written notice to the registrar of titles of the giving of the notice.\n(sec.63-ssec.3) The registrar must keep records that show the notice has been given.\n(sec.63-ssec.4) The registrar must keep the records in a way that a search of the register kept by the registrar under any Act relating to title to the land will show the notice has been given.\n(sec.63-ssec.5) As soon as practicable after the notice has been complied with, the chief executive must give written notice to the registrar of compliance with the notice.\n(sec.63-ssec.6) As soon as practicable after receiving the notice of compliance, the registrar must remove the particulars of the notice from the registrar’s records.","sortOrder":85},{"sectionNumber":"sec.64","sectionType":"section","heading":"Owner of land and builder jointly liable","content":"### sec.64 Owner of land and builder jointly liable\n\nIf a coastal protection or tidal works notice is served on both the owner of land and the person responsible for works on the land or for the maintenance of them, they are jointly and severally bound by the requirements of the notice.\nIn this section—\nowner of land includes the occupier of the land.\n(sec.64-ssec.1) If a coastal protection or tidal works notice is served on both the owner of land and the person responsible for works on the land or for the maintenance of them, they are jointly and severally bound by the requirements of the notice.\n(sec.64-ssec.2) In this section— owner of land includes the occupier of the land.","sortOrder":86},{"sectionNumber":"sec.65","sectionType":"section","heading":"Notice binding on purchaser","content":"### sec.65 Notice binding on purchaser\n\nThis section applies if land or works subject to an undischarged coastal protection or tidal works notice are sold.\nThe seller must give the buyer written advice of the undischarged notice not less than 14 days before settlement of the sale.\nHowever, if settlement of the sale is made less than 14 days after the agreement to sell is made, the seller must give the buyer written advice of the undischarged notice on the day the agreement is made.\nMaximum penalty for subsections (2) and (3) —150 penalty units.\nIf the seller complies with subsection (2) or (3) , the buyer is bound by the undischarged notice as if it had been given to the buyer.\nIf the seller does not comply with subsection (2) or (3) , the agreement is of no effect unless the buyer—\nby written advice given to the seller before settlement, states the intention to settle despite the non-compliance; or\nby written advice given to the seller within 30 days after settlement, affirms the sale despite the non-compliance.\n(sec.65-ssec.1) This section applies if land or works subject to an undischarged coastal protection or tidal works notice are sold.\n(sec.65-ssec.2) The seller must give the buyer written advice of the undischarged notice not less than 14 days before settlement of the sale.\n(sec.65-ssec.3) However, if settlement of the sale is made less than 14 days after the agreement to sell is made, the seller must give the buyer written advice of the undischarged notice on the day the agreement is made. Maximum penalty for subsections (2) and (3) —150 penalty units.\n(sec.65-ssec.4) If the seller complies with subsection (2) or (3) , the buyer is bound by the undischarged notice as if it had been given to the buyer.\n(sec.65-ssec.5) If the seller does not comply with subsection (2) or (3) , the agreement is of no effect unless the buyer— by written advice given to the seller before settlement, states the intention to settle despite the non-compliance; or by written advice given to the seller within 30 days after settlement, affirms the sale despite the non-compliance.\n- (a) by written advice given to the seller before settlement, states the intention to settle despite the non-compliance; or\n- (b) by written advice given to the seller within 30 days after settlement, affirms the sale despite the non-compliance.","sortOrder":87},{"sectionNumber":"ch.2-pt.3-div.3","sectionType":"division","heading":"General provisions about coastal management districts","content":"## General provisions about coastal management districts","sortOrder":88},{"sectionNumber":"sec.66","sectionType":"section","heading":"Coastal building line","content":"### sec.66 Coastal building line\n\nFor assessing, under the Planning Act , building work that is assessable development, a regulation, or notice that declares a coastal management district, may fix a coastal building line for a coastal management district.\nHowever, a notice may fix a coastal building line only for the coastal management district declared under the notice.\ns 66 amd 1998 No. 13 s 191 sch ; 1999 No. 59 s 35\nsub 2001 No. 93 s 14\namd 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 139\n(sec.66-ssec.1) For assessing, under the Planning Act , building work that is assessable development, a regulation, or notice that declares a coastal management district, may fix a coastal building line for a coastal management district.\n(sec.66-ssec.2) However, a notice may fix a coastal building line only for the coastal management district declared under the notice.","sortOrder":89},{"sectionNumber":"sec.67","sectionType":"section","heading":"Placing signs on unallocated State land","content":"### sec.67 Placing signs on unallocated State land\n\nThe chief executive may place a sign on unallocated State land, within or on the boundary of a coastal management district, indicating—\nparticulars of the district; or\nanything prohibited or authorised in the district.\nA person must not, without lawful authority, destroy, pull down, erase, remove, deface or otherwise damage or interfere with the sign.\nMaximum penalty—100 penalty units.\ns 67 amd 2001 No. 93 s 24 sch\n(sec.67-ssec.1) The chief executive may place a sign on unallocated State land, within or on the boundary of a coastal management district, indicating— particulars of the district; or anything prohibited or authorised in the district.\n(sec.67-ssec.2) A person must not, without lawful authority, destroy, pull down, erase, remove, deface or otherwise damage or interfere with the sign. Maximum penalty—100 penalty units.\n- (a) particulars of the district; or\n- (b) anything prohibited or authorised in the district.","sortOrder":90},{"sectionNumber":"sec.68","sectionType":"section","heading":"Temporary occupation of land","content":"### sec.68 Temporary occupation of land\n\nThe chief executive may, to implement the coastal plan, temporarily occupy and use land in a coastal management district for the purpose of building, maintaining or repairing works, and may—\ntake from it stone, gravel, sand, earth, and other material; and\ndeposit materials on it; and\nform and use temporary works on it, including, for example, roads; and\nbuild structures of a temporary nature on it.\nBefore occupying land under this section, the chief executive must give the occupier and the owner of the land not less than 7 days written notice of the intention to occupy.\nHowever, subsection (2) does not apply in urgent circumstances.\nThe notice must state the use proposed to be made of the land and the approximate period during which the use is expected to continue.\nThe owner of the land or any other person having an interest in the land may, at any time during the occupation or within 3 months after the occupation, give written notice to the chief executive claiming compensation.\nIf the land is not resumed, the owner of the land and all persons having an interest in it may recover compensation for the occupation and use.\nThe total compensation payable under this section in relation to land may not be more than the compensation that would have been payable had the land been resumed.\nCompensation is not payable under this section for anything done under this section, if the right or authority to do the thing is given under another Act, or a State grant, or other instrument, even though conditions imposed under the Act , grant, or instrument for doing the thing have not been performed.\nThe amount of the compensation payable is the amount agreed between the claimant and chief executive or, failing agreement, decided by the Planning and Environment Court.\ns 68 amd 2001 No. 93 s 24 sch ; 2011 No. 6 s 21\n(sec.68-ssec.1) The chief executive may, to implement the coastal plan, temporarily occupy and use land in a coastal management district for the purpose of building, maintaining or repairing works, and may— take from it stone, gravel, sand, earth, and other material; and deposit materials on it; and form and use temporary works on it, including, for example, roads; and build structures of a temporary nature on it.\n(sec.68-ssec.2) Before occupying land under this section, the chief executive must give the occupier and the owner of the land not less than 7 days written notice of the intention to occupy.\n(sec.68-ssec.3) However, subsection (2) does not apply in urgent circumstances.\n(sec.68-ssec.4) The notice must state the use proposed to be made of the land and the approximate period during which the use is expected to continue.\n(sec.68-ssec.5) The owner of the land or any other person having an interest in the land may, at any time during the occupation or within 3 months after the occupation, give written notice to the chief executive claiming compensation.\n(sec.68-ssec.6) If the land is not resumed, the owner of the land and all persons having an interest in it may recover compensation for the occupation and use.\n(sec.68-ssec.7) The total compensation payable under this section in relation to land may not be more than the compensation that would have been payable had the land been resumed.\n(sec.68-ssec.8) Compensation is not payable under this section for anything done under this section, if the right or authority to do the thing is given under another Act, or a State grant, or other instrument, even though conditions imposed under the Act , grant, or instrument for doing the thing have not been performed.\n(sec.68-ssec.9) The amount of the compensation payable is the amount agreed between the claimant and chief executive or, failing agreement, decided by the Planning and Environment Court.\n- (a) take from it stone, gravel, sand, earth, and other material; and\n- (b) deposit materials on it; and\n- (c) form and use temporary works on it, including, for example, roads; and\n- (d) build structures of a temporary nature on it.","sortOrder":91},{"sectionNumber":"ch.2-pt.3-div.4","sectionType":"division","heading":"Offence about damaging vegetation on State coastal land","content":"## Offence about damaging vegetation on State coastal land","sortOrder":92},{"sectionNumber":"sec.69","sectionType":"section","heading":"Damaging or removing vegetation, or damaging coastal dunes","content":"### sec.69 Damaging or removing vegetation, or damaging coastal dunes\n\nA person must not damage or remove vegetation on, or damage a dune forming part of, State coastal land above the high-water mark without—\nthe written approval of the entity responsible for the management and control of the land; or\nother lawful authority, justification or excuse.\nMaximum penalty—400 penalty units.\nIn this section—\ndamage , to vegetation or a dune, does not include minor damage to the vegetation or dune that happens in the course of the ordinary use of the land on which the vegetation is situated or of which the dune forms a part.\ns 69 ins 2001 No. 93 s 15\namd 2011 No. 6 s 22\n(sec.69-ssec.1) A person must not damage or remove vegetation on, or damage a dune forming part of, State coastal land above the high-water mark without— the written approval of the entity responsible for the management and control of the land; or other lawful authority, justification or excuse. Maximum penalty—400 penalty units.\n(sec.69-ssec.2) In this section— damage , to vegetation or a dune, does not include minor damage to the vegetation or dune that happens in the course of the ordinary use of the land on which the vegetation is situated or of which the dune forms a part.\n- (a) the written approval of the entity responsible for the management and control of the land; or\n- (b) other lawful authority, justification or excuse.","sortOrder":93},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Erosion prone areas","content":"# Erosion prone areas","sortOrder":94},{"sectionNumber":"sec.70","sectionType":"section","heading":"Declaration of erosion prone areas","content":"### sec.70 Declaration of erosion prone areas\n\nThe chief executive may declare an area within the coastal zone to be an erosion prone area if satisfied the area may be subject to erosion or tidal inundation.\nIf the chief executive declares an area under subsection (1) , the chief executive must—\nensure the erosion prone area is shown on a document describing the area; and\nkeep the document available for inspection by members of the public at the department’s head office; and\ngive a copy of the document to each local government in whose area the erosion prone area or a part of the erosion prone area is situated.\na map or plan\ns 70 ins 2001 No. 93 s 15\n(sec.70-ssec.1) The chief executive may declare an area within the coastal zone to be an erosion prone area if satisfied the area may be subject to erosion or tidal inundation.\n(sec.70-ssec.2) If the chief executive declares an area under subsection (1) , the chief executive must— ensure the erosion prone area is shown on a document describing the area; and keep the document available for inspection by members of the public at the department’s head office; and give a copy of the document to each local government in whose area the erosion prone area or a part of the erosion prone area is situated. a map or plan\n- (a) ensure the erosion prone area is shown on a document describing the area; and\n- (b) keep the document available for inspection by members of the public at the department’s head office; and\n- (c) give a copy of the document to each local government in whose area the erosion prone area or a part of the erosion prone area is situated.","sortOrder":95},{"sectionNumber":"sec.71","sectionType":"section","heading":"Amending erosion prone areas","content":"### sec.71 Amending erosion prone areas\n\nThe chief executive may amend the area of an erosion prone area.\nIf the chief executive amends the area, the chief executive must—\nrecord the amendment on the document mentioned in section 70 (2) (b) on which the erosion prone area is shown; and\ngive a copy of the amended document to each local government in whose area the erosion prone area or a part of the erosion prone area is situated; and\nadvise each owner of land affected by the amendment how the erosion prone area has been amended.\ns 71 ins 2001 No. 93 s 15\namd 2004 No. 48 s 11\n(sec.71-ssec.1) The chief executive may amend the area of an erosion prone area.\n(sec.71-ssec.2) If the chief executive amends the area, the chief executive must— record the amendment on the document mentioned in section 70 (2) (b) on which the erosion prone area is shown; and give a copy of the amended document to each local government in whose area the erosion prone area or a part of the erosion prone area is situated; and advise each owner of land affected by the amendment how the erosion prone area has been amended.\n- (a) record the amendment on the document mentioned in section 70 (2) (b) on which the erosion prone area is shown; and\n- (b) give a copy of the amended document to each local government in whose area the erosion prone area or a part of the erosion prone area is situated; and\n- (c) advise each owner of land affected by the amendment how the erosion prone area has been amended.","sortOrder":96},{"sectionNumber":"sec.72","sectionType":"section","heading":"Local governments to keep copies of documents","content":"### sec.72 Local governments to keep copies of documents\n\nThe local government must keep available for inspection by members of the public any document given to it under section 70 (2) (c) or 71 (2) (b) at its head office.\ns 72 ins 2001 No. 93 s 15","sortOrder":97},{"sectionNumber":"ch.2-pt.5","sectionType":"part","heading":"Quarry materials","content":"# Quarry materials","sortOrder":98},{"sectionNumber":"ch.2-pt.5-div.1","sectionType":"division","heading":"Allocation of quarry materials","content":"## Allocation of quarry materials","sortOrder":99},{"sectionNumber":"sec.73","sectionType":"section","heading":"Applications for allocation of quarry material","content":"### sec.73 Applications for allocation of quarry material\n\nA person may apply to the chief executive for an allocation of quarry material in tidal water.\nThe application must be—\nin the approved form; and\naccompanied by the fee prescribed under a regulation.\ns 73 ins 2001 No. 93 s 15\namd 2005 No. 42 s 52 sch 1 ; 2009 No. 36 s 872 sch 2 ; 2011 No. 6 s 23 ; 2014 No. 40 s 154 sch 1 pt 2\n(sec.73-ssec.1) A person may apply to the chief executive for an allocation of quarry material in tidal water.\n(sec.73-ssec.2) The application must be— in the approved form; and accompanied by the fee prescribed under a regulation.\n- (a) in the approved form; and\n- (b) accompanied by the fee prescribed under a regulation.","sortOrder":100},{"sectionNumber":"sec.74","sectionType":"section","heading":"Additional information for applications","content":"### sec.74 Additional information for applications\n\nThe chief executive may, by written notice, ask the applicant to give the chief executive further information or documents about the application by the reasonable date stated in the notice.\nWithout limiting subsection (1) , the chief executive may ask the applicant to give the chief executive information or documents about the potential impact the removal of the quarry material may have on coastal management.\nIf the applicant does not give the chief executive the further information or documents by the stated day, the application lapses.\ns 74 ins 2001 No. 93 s 15\n(sec.74-ssec.1) The chief executive may, by written notice, ask the applicant to give the chief executive further information or documents about the application by the reasonable date stated in the notice.\n(sec.74-ssec.2) Without limiting subsection (1) , the chief executive may ask the applicant to give the chief executive information or documents about the potential impact the removal of the quarry material may have on coastal management.\n(sec.74-ssec.3) If the applicant does not give the chief executive the further information or documents by the stated day, the application lapses.","sortOrder":101},{"sectionNumber":"sec.75","sectionType":"section","heading":"Criteria for deciding applications","content":"### sec.75 Criteria for deciding applications\n\nIn deciding whether to grant the allocation or refuse the application, or what should be the conditions of the allocation, the chief executive must consider—\nthe coastal plan; and\nthe impact the removal of the quarry material, including the proposed method of extraction, or the placement of spoil may have on coastal management including the following—\nthe supply of sediments to estuaries and the sea;\nthe physical integrity of the land, including stability of beds and banks of watercourses;\nthe quarry material available on the land and any existing allocations for the land;\nthe ecologically sustainable development of the land and watercourses on the land; and\nif the chief executive is satisfied the removal of the quarry material or the placement of spoil may impact on waters mentioned in the Environmental Protection (Water) Policy 1997 , schedule 1 , column 1—the impact the removal or placement may have on the environmental values and water quality objectives stated in a document mentioned in column 2 of that schedule for the waters; and\nthe impact the removal of the quarry material or placement of spoil may have on the management of—\nfish habitats under the Fisheries Act 1994 ; or\nmarine parks under the Marine Parks Act 2004 ; or\nprotected areas under the Nature Conservation Act 1992 .\nAlso, in deciding an application that involves placement of quarry material in a coastal management district, the chief executive must consider—\nthe nature of the material including contaminants in the material; and\nthe characteristics of the material’s receiving environment.\nSubsections (1) and (2) do not stop the chief executive from considering other matters relevant to the application, including, for example—\nfair and equitable access to, and the need to ensure the economic use of, State resources; and\neconomic and social implications of a decision to grant or refuse the application; and\nthe views of a local government about the removal of the quarry material or placement of spoil; and\nthe views of a harbour master about the effect the removal or placement may have on marine safety in tidal water; and\nif the removal or placement happens on land within the limits of a port—the views of the port authority or port operator for the land about the removal or placement.\nIn this section—\ncoastal management does not include coastal management in relation to Aboriginal cultural heritage or Torres Strait Islander cultural heritage.\ns 75 ins 2001 No. 93 s 15\namd 2003 No. 79 s 170 sch 1 ; 2004 No. 31 s 171 ; 2010 No. 19 s 15 ; 2011 No. 6 s 24\n(sec.75-ssec.1) In deciding whether to grant the allocation or refuse the application, or what should be the conditions of the allocation, the chief executive must consider— the coastal plan; and the impact the removal of the quarry material, including the proposed method of extraction, or the placement of spoil may have on coastal management including the following— the supply of sediments to estuaries and the sea; the physical integrity of the land, including stability of beds and banks of watercourses; the quarry material available on the land and any existing allocations for the land; the ecologically sustainable development of the land and watercourses on the land; and if the chief executive is satisfied the removal of the quarry material or the placement of spoil may impact on waters mentioned in the Environmental Protection (Water) Policy 1997 , schedule 1 , column 1—the impact the removal or placement may have on the environmental values and water quality objectives stated in a document mentioned in column 2 of that schedule for the waters; and the impact the removal of the quarry material or placement of spoil may have on the management of— fish habitats under the Fisheries Act 1994 ; or marine parks under the Marine Parks Act 2004 ; or protected areas under the Nature Conservation Act 1992 .\n(sec.75-ssec.2) Also, in deciding an application that involves placement of quarry material in a coastal management district, the chief executive must consider— the nature of the material including contaminants in the material; and the characteristics of the material’s receiving environment.\n(sec.75-ssec.3) Subsections (1) and (2) do not stop the chief executive from considering other matters relevant to the application, including, for example— fair and equitable access to, and the need to ensure the economic use of, State resources; and economic and social implications of a decision to grant or refuse the application; and the views of a local government about the removal of the quarry material or placement of spoil; and the views of a harbour master about the effect the removal or placement may have on marine safety in tidal water; and if the removal or placement happens on land within the limits of a port—the views of the port authority or port operator for the land about the removal or placement.\n(sec.75-ssec.4) In this section— coastal management does not include coastal management in relation to Aboriginal cultural heritage or Torres Strait Islander cultural heritage.\n- (a) the coastal plan; and\n- (b) the impact the removal of the quarry material, including the proposed method of extraction, or the placement of spoil may have on coastal management including the following— (i) the supply of sediments to estuaries and the sea; (ii) the physical integrity of the land, including stability of beds and banks of watercourses; (iii) the quarry material available on the land and any existing allocations for the land; (iv) the ecologically sustainable development of the land and watercourses on the land; and\n- (i) the supply of sediments to estuaries and the sea;\n- (ii) the physical integrity of the land, including stability of beds and banks of watercourses;\n- (iii) the quarry material available on the land and any existing allocations for the land;\n- (iv) the ecologically sustainable development of the land and watercourses on the land; and\n- (c) if the chief executive is satisfied the removal of the quarry material or the placement of spoil may impact on waters mentioned in the Environmental Protection (Water) Policy 1997 , schedule 1 , column 1—the impact the removal or placement may have on the environmental values and water quality objectives stated in a document mentioned in column 2 of that schedule for the waters; and\n- (d) the impact the removal of the quarry material or placement of spoil may have on the management of— (i) fish habitats under the Fisheries Act 1994 ; or (ii) marine parks under the Marine Parks Act 2004 ; or (iii) protected areas under the Nature Conservation Act 1992 .\n- (i) fish habitats under the Fisheries Act 1994 ; or\n- (ii) marine parks under the Marine Parks Act 2004 ; or\n- (iii) protected areas under the Nature Conservation Act 1992 .\n- (i) the supply of sediments to estuaries and the sea;\n- (ii) the physical integrity of the land, including stability of beds and banks of watercourses;\n- (iii) the quarry material available on the land and any existing allocations for the land;\n- (iv) the ecologically sustainable development of the land and watercourses on the land; and\n- (i) fish habitats under the Fisheries Act 1994 ; or\n- (ii) marine parks under the Marine Parks Act 2004 ; or\n- (iii) protected areas under the Nature Conservation Act 1992 .\n- (a) the nature of the material including contaminants in the material; and\n- (b) the characteristics of the material’s receiving environment.\n- (a) fair and equitable access to, and the need to ensure the economic use of, State resources; and\n- (b) economic and social implications of a decision to grant or refuse the application; and\n- (c) the views of a local government about the removal of the quarry material or placement of spoil; and\n- (d) the views of a harbour master about the effect the removal or placement may have on marine safety in tidal water; and\n- (e) if the removal or placement happens on land within the limits of a port—the views of the port authority or port operator for the land about the removal or placement.","sortOrder":102},{"sectionNumber":"sec.76","sectionType":"section","heading":"Deciding applications","content":"### sec.76 Deciding applications\n\nIf the chief executive is satisfied the application should be approved, the chief executive must grant the application.\nIf the chief executive is not satisfied the application should be approved, the chief executive must refuse the application.\nWithin 30 business days after deciding the application, the chief executive must give the applicant—\nnotice of the decision; and\nif the chief executive grants the application—a notice (an allocation notice ) in the approved form.\nThe allocation notice—\nhas effect from the day stated in the notice; and\nremains in force, unless sooner cancelled or suspended, for the period of not more than 6 years decided by the chief executive.\ns 76 ins 2001 No. 93 s 15\n(sec.76-ssec.1) If the chief executive is satisfied the application should be approved, the chief executive must grant the application.\n(sec.76-ssec.2) If the chief executive is not satisfied the application should be approved, the chief executive must refuse the application.\n(sec.76-ssec.3) Within 30 business days after deciding the application, the chief executive must give the applicant— notice of the decision; and if the chief executive grants the application—a notice (an allocation notice ) in the approved form.\n(sec.76-ssec.4) The allocation notice— has effect from the day stated in the notice; and remains in force, unless sooner cancelled or suspended, for the period of not more than 6 years decided by the chief executive.\n- (a) notice of the decision; and\n- (b) if the chief executive grants the application—a notice (an allocation notice ) in the approved form.\n- (a) has effect from the day stated in the notice; and\n- (b) remains in force, unless sooner cancelled or suspended, for the period of not more than 6 years decided by the chief executive.","sortOrder":103},{"sectionNumber":"sec.77","sectionType":"section","heading":"Selling allocation of quarry material by auction or tender","content":"### sec.77 Selling allocation of quarry material by auction or tender\n\nThe chief executive may sell by auction or tender an allocation of quarry material in tidal water.\nIn selling the allocation, the chief executive must consider—\nthe impact the removal of the quarry material or placement of spoil may have on coastal management; and\nthe matters mentioned in section 75 .\nIf the chief executive sells an allocation, the chief executive must give the buyer an allocation notice under section 76 (3) .\nSections 78 to 80 apply to the allocation.\ns 77 ins 2001 No. 93 s 15\namd 2009 No. 36 s 872 sch 2 ; 2011 No. 6 s 25\n(sec.77-ssec.1) The chief executive may sell by auction or tender an allocation of quarry material in tidal water.\n(sec.77-ssec.2) In selling the allocation, the chief executive must consider— the impact the removal of the quarry material or placement of spoil may have on coastal management; and the matters mentioned in section 75 .\n(sec.77-ssec.3) If the chief executive sells an allocation, the chief executive must give the buyer an allocation notice under section 76 (3) .\n(sec.77-ssec.4) Sections 78 to 80 apply to the allocation.\n- (a) the impact the removal of the quarry material or placement of spoil may have on coastal management; and\n- (b) the matters mentioned in section 75 .","sortOrder":104},{"sectionNumber":"sec.78","sectionType":"section","heading":"Content of allocation notices","content":"### sec.78 Content of allocation notices\n\nWithout limiting what may be included in an allocation notice, the notice must state—\nthe quantity of quarry material that may be removed under the allocation; and\nthe area to which the allocation relates; and\nthe rate of royalty, or the price, payable for removal of the quarry material.\ns 78 ins 2001 No. 93 s 15\namd 2011 No. 6 s 26\n- (a) the quantity of quarry material that may be removed under the allocation; and\n- (b) the area to which the allocation relates; and\n- (c) the rate of royalty, or the price, payable for removal of the quarry material.","sortOrder":105},{"sectionNumber":"sec.79","sectionType":"section","heading":"Conditions of allocation notice","content":"### sec.79 Conditions of allocation notice\n\nThe chief executive may impose conditions on the allocation notice the chief executive considers necessary or desirable for coastal management, including, for example, conditions about—\nthe maximum rate at which the quarry material may be removed; and\nmonitoring the impact of the removal of the quarry material or placement of spoil on coastal management; and\nthe nature and extent of surveys to be carried out in relation to the removal of the quarry material or placement of spoil; and\nwhen the royalty, or price payable, for the removal of the quarry material must be paid; and\ngiving the chief executive information about the rate at which the quarry material is removed during stated intervals.\ns 79 ins 2001 No. 93 s 15\namd 2011 No. 6 s 27\n- (a) the maximum rate at which the quarry material may be removed; and\n- (b) monitoring the impact of the removal of the quarry material or placement of spoil on coastal management; and\n- (c) the nature and extent of surveys to be carried out in relation to the removal of the quarry material or placement of spoil; and\n- (d) when the royalty, or price payable, for the removal of the quarry material must be paid; and\n- (e) giving the chief executive information about the rate at which the quarry material is removed during stated intervals.","sortOrder":106},{"sectionNumber":"sec.80","sectionType":"section","heading":"Allocation holder to give information","content":"### sec.80 Allocation holder to give information\n\nThis section applies to an allocation holder from the day the holder first removes quarry material under the allocation.\nThe holder must—\nif the allocation notice states a condition about the time within which, and the period for which, the holder must give written notice to the chief executive about the quantity of quarry material removed by the holder under the allocation in the period—give the chief executive a written notice in compliance with the condition; or\notherwise—within 20 business days after the end of a quarter, give the chief executive a written notice stating the quantity of quarry material removed by the holder under the allocation in the quarter.\nMaximum penalty—50 penalty units.\nIn this section—\nquarter means a 3-month period ending on 31 March, 30 June, 30 September or 31 December.\ns 80 ins 2001 No. 93 s 15\namd 2011 No. 6 s 28\n(sec.80-ssec.1) This section applies to an allocation holder from the day the holder first removes quarry material under the allocation.\n(sec.80-ssec.2) The holder must— if the allocation notice states a condition about the time within which, and the period for which, the holder must give written notice to the chief executive about the quantity of quarry material removed by the holder under the allocation in the period—give the chief executive a written notice in compliance with the condition; or otherwise—within 20 business days after the end of a quarter, give the chief executive a written notice stating the quantity of quarry material removed by the holder under the allocation in the quarter. Maximum penalty—50 penalty units.\n(sec.80-ssec.3) In this section— quarter means a 3-month period ending on 31 March, 30 June, 30 September or 31 December.\n- (a) if the allocation notice states a condition about the time within which, and the period for which, the holder must give written notice to the chief executive about the quantity of quarry material removed by the holder under the allocation in the period—give the chief executive a written notice in compliance with the condition; or\n- (b) otherwise—within 20 business days after the end of a quarter, give the chief executive a written notice stating the quantity of quarry material removed by the holder under the allocation in the quarter.","sortOrder":107},{"sectionNumber":"sec.81","sectionType":"section","heading":null,"content":"### Section sec.81\n\ns 81 ins 2001 No. 93 s 15\nom 2004 No. 48 s 12","sortOrder":108},{"sectionNumber":"sec.82","sectionType":"section","heading":"Application to transfer allocation","content":"### sec.82 Application to transfer allocation\n\nThe allocation notice holder may apply to the chief executive to transfer all or part of the allocation to another person.\nThe application must be—\nin the approved form; and\nsupported by sufficient information to enable the chief executive to decide the application, including, for example, the consent of the transferee to the transfer; and\naccompanied by the fee prescribed under a regulation.\nThe chief executive may, by written notice, ask the applicant to give the chief executive further information or documents about the application by the reasonable date stated in the notice.\nIf the applicant does not give the chief executive the further information or documents by the stated day, the application lapses.\ns 82 ins 2001 No. 93 s 15\namd 2003 No. 79 s 170 sch 1 ; 2011 No. 6 s 29\n(sec.82-ssec.1) The allocation notice holder may apply to the chief executive to transfer all or part of the allocation to another person.\n(sec.82-ssec.2) The application must be— in the approved form; and supported by sufficient information to enable the chief executive to decide the application, including, for example, the consent of the transferee to the transfer; and accompanied by the fee prescribed under a regulation.\n(sec.82-ssec.3) The chief executive may, by written notice, ask the applicant to give the chief executive further information or documents about the application by the reasonable date stated in the notice.\n(sec.82-ssec.4) If the applicant does not give the chief executive the further information or documents by the stated day, the application lapses.\n- (a) in the approved form; and\n- (b) supported by sufficient information to enable the chief executive to decide the application, including, for example, the consent of the transferee to the transfer; and\n- (c) accompanied by the fee prescribed under a regulation.","sortOrder":109},{"sectionNumber":"sec.82A","sectionType":"section","heading":"Deciding application to transfer allocation","content":"### sec.82A Deciding application to transfer allocation\n\nThe chief executive must decide an application to transfer an allocation made under section 82 within 30 days after—\nif further information or documents are requested under section 82 (3) —receiving the further information or documents; or\notherwise—receiving the application.\nThe chief executive must decide to—\napprove the transfer as applied for, with or without conditions; or\napprove the transfer, as varied by the chief executive, with or without conditions; or\nrefuse to approve the transfer.\nIn making a decision under subsection (2) , the chief executive must consider—\nthe impact the transfer may have on coastal management; and\nthe matters mentioned in section 75 .\nWithin 30 business days after deciding the application, the chief executive must—\ngive the applicant and the proposed transferee written notice of the decision; and\nif the transfer is approved—\ngive the transferee a new allocation in accordance with the approval; and\nif the transfer is of only a part of an allocation—give the applicant an amended allocation notice for the part not transferred.\nA transfer of an allocation has effect from the day written notice of the approval of the transfer is given under subsection (4) .\nIn this section—\ncoastal management does not include coastal management in relation to Aboriginal cultural heritage or Torres Strait Islander cultural heritage.\ns 82A ins 2011 No. 6 s 30\n(sec.82A-ssec.1) The chief executive must decide an application to transfer an allocation made under section 82 within 30 days after— if further information or documents are requested under section 82 (3) —receiving the further information or documents; or otherwise—receiving the application.\n(sec.82A-ssec.2) The chief executive must decide to— approve the transfer as applied for, with or without conditions; or approve the transfer, as varied by the chief executive, with or without conditions; or refuse to approve the transfer.\n(sec.82A-ssec.3) In making a decision under subsection (2) , the chief executive must consider— the impact the transfer may have on coastal management; and the matters mentioned in section 75 .\n(sec.82A-ssec.4) Within 30 business days after deciding the application, the chief executive must— give the applicant and the proposed transferee written notice of the decision; and if the transfer is approved— give the transferee a new allocation in accordance with the approval; and if the transfer is of only a part of an allocation—give the applicant an amended allocation notice for the part not transferred.\n(sec.82A-ssec.5) A transfer of an allocation has effect from the day written notice of the approval of the transfer is given under subsection (4) .\n(sec.82A-ssec.6) In this section— coastal management does not include coastal management in relation to Aboriginal cultural heritage or Torres Strait Islander cultural heritage.\n- (a) if further information or documents are requested under section 82 (3) —receiving the further information or documents; or\n- (b) otherwise—receiving the application.\n- (a) approve the transfer as applied for, with or without conditions; or\n- (b) approve the transfer, as varied by the chief executive, with or without conditions; or\n- (c) refuse to approve the transfer.\n- (a) the impact the transfer may have on coastal management; and\n- (b) the matters mentioned in section 75 .\n- (a) give the applicant and the proposed transferee written notice of the decision; and\n- (b) if the transfer is approved— (i) give the transferee a new allocation in accordance with the approval; and (ii) if the transfer is of only a part of an allocation—give the applicant an amended allocation notice for the part not transferred.\n- (i) give the transferee a new allocation in accordance with the approval; and\n- (ii) if the transfer is of only a part of an allocation—give the applicant an amended allocation notice for the part not transferred.\n- (i) give the transferee a new allocation in accordance with the approval; and\n- (ii) if the transfer is of only a part of an allocation—give the applicant an amended allocation notice for the part not transferred.","sortOrder":110},{"sectionNumber":"sec.83","sectionType":"section","heading":"Application to renew allocation","content":"### sec.83 Application to renew allocation\n\nThe allocation notice holder may apply to the chief executive to renew the allocation notice.\nThe application must be—\nin the approved form; and\naccompanied by the fee prescribed under a regulation.\nThe chief executive may, by written notice, ask the applicant to give the chief executive further information or documents about the application by the reasonable date stated in the notice.\nIf the applicant does not give the chief executive the further information or documents by the stated day, the application lapses.\ns 83 ins 2001 No. 93 s 15\namd 2003 No. 79 s 170 sch 1 ; 2011 No. 6 s 31\n(sec.83-ssec.1) The allocation notice holder may apply to the chief executive to renew the allocation notice.\n(sec.83-ssec.2) The application must be— in the approved form; and accompanied by the fee prescribed under a regulation.\n(sec.83-ssec.3) The chief executive may, by written notice, ask the applicant to give the chief executive further information or documents about the application by the reasonable date stated in the notice.\n(sec.83-ssec.4) If the applicant does not give the chief executive the further information or documents by the stated day, the application lapses.\n- (a) in the approved form; and\n- (b) accompanied by the fee prescribed under a regulation.","sortOrder":111},{"sectionNumber":"sec.83A","sectionType":"section","heading":"Deciding application to renew allocation","content":"### sec.83A Deciding application to renew allocation\n\nThe chief executive must decide an application to renew an allocation notice made under section 83 within 30 days after receiving—\nif further information or documents are requested under section 83 (3) —the further information or documents; or\notherwise—the application.\nThe chief executive must decide to—\napprove the renewal as applied for, with or without conditions; or\napprove the renewal, as varied by the chief executive, with or without conditions; or\nrefuse to grant the application.\nIn making a decision under subsection (2) , the chief executive must consider—\nthe impact the renewal may have on coastal management; and\nthe matters mentioned in section 75 .\nWithin 30 business days after deciding the application, the chief executive must give the applicant—\na written notice stating—\nthe decision; and\nif the chief executive approves the renewal as varied or with conditions, or refuses to grant the application—the reasons for the decision; and\nif the renewal is approved—a new allocation notice in accordance with the approval.\nThis division applies, with all necessary changes, to the application as if it were an application for an allocation.\nIn this section—\ncoastal management does not include coastal management in relation to Aboriginal cultural heritage or Torres Strait Islander cultural heritage.\ns 83A ins 2011 No. 6 s 32\n(sec.83A-ssec.1) The chief executive must decide an application to renew an allocation notice made under section 83 within 30 days after receiving— if further information or documents are requested under section 83 (3) —the further information or documents; or otherwise—the application.\n(sec.83A-ssec.2) The chief executive must decide to— approve the renewal as applied for, with or without conditions; or approve the renewal, as varied by the chief executive, with or without conditions; or refuse to grant the application.\n(sec.83A-ssec.3) In making a decision under subsection (2) , the chief executive must consider— the impact the renewal may have on coastal management; and the matters mentioned in section 75 .\n(sec.83A-ssec.4) Within 30 business days after deciding the application, the chief executive must give the applicant— a written notice stating— the decision; and if the chief executive approves the renewal as varied or with conditions, or refuses to grant the application—the reasons for the decision; and if the renewal is approved—a new allocation notice in accordance with the approval.\n(sec.83A-ssec.5) This division applies, with all necessary changes, to the application as if it were an application for an allocation.\n(sec.83A-ssec.6) In this section— coastal management does not include coastal management in relation to Aboriginal cultural heritage or Torres Strait Islander cultural heritage.\n- (a) if further information or documents are requested under section 83 (3) —the further information or documents; or\n- (b) otherwise—the application.\n- (a) approve the renewal as applied for, with or without conditions; or\n- (b) approve the renewal, as varied by the chief executive, with or without conditions; or\n- (c) refuse to grant the application.\n- (a) the impact the renewal may have on coastal management; and\n- (b) the matters mentioned in section 75 .\n- (a) a written notice stating— (i) the decision; and (ii) if the chief executive approves the renewal as varied or with conditions, or refuses to grant the application—the reasons for the decision; and\n- (i) the decision; and\n- (ii) if the chief executive approves the renewal as varied or with conditions, or refuses to grant the application—the reasons for the decision; and\n- (b) if the renewal is approved—a new allocation notice in accordance with the approval.\n- (i) the decision; and\n- (ii) if the chief executive approves the renewal as varied or with conditions, or refuses to grant the application—the reasons for the decision; and","sortOrder":112},{"sectionNumber":"sec.84","sectionType":"section","heading":"Amendment—grounds","content":"### sec.84 Amendment—grounds\n\nThe chief executive may amend an allocation notice, including, for example, by adding a further condition to the notice—\nwith the written agreement of the holder of the notice; or\nif the chief executive is satisfied, or reasonably believes, the amendment is necessary or desirable for coastal management.\nWithout limiting subsection (1) , if an allocation notice holder removes quarry material at a rate less than 50% of the maximum rate stated in the notice, the chief executive may amend—\nthe total quantity of material permitted to be removed under the notice; or\nthe maximum rate.\nHowever, an amendment under subsection (1) must not increase the period for which the notice has effect.\ns 84 ins 2001 No. 93 s 15\n(sec.84-ssec.1) The chief executive may amend an allocation notice, including, for example, by adding a further condition to the notice— with the written agreement of the holder of the notice; or if the chief executive is satisfied, or reasonably believes, the amendment is necessary or desirable for coastal management.\n(sec.84-ssec.2) Without limiting subsection (1) , if an allocation notice holder removes quarry material at a rate less than 50% of the maximum rate stated in the notice, the chief executive may amend— the total quantity of material permitted to be removed under the notice; or the maximum rate.\n(sec.84-ssec.3) However, an amendment under subsection (1) must not increase the period for which the notice has effect.\n- (a) with the written agreement of the holder of the notice; or\n- (b) if the chief executive is satisfied, or reasonably believes, the amendment is necessary or desirable for coastal management.\n- (a) the total quantity of material permitted to be removed under the notice; or\n- (b) the maximum rate.","sortOrder":113},{"sectionNumber":"sec.85","sectionType":"section","heading":"Suspension or cancellation—grounds","content":"### sec.85 Suspension or cancellation—grounds\n\nThe chief executive may suspend or cancel an allocation notice if the chief executive is satisfied, or reasonably believes—\nthe allocation notice was granted in error or because of a materially false or fraudulent document, statement or representation; or\nthe allocation notice holder—\nhas committed, or is committing, an offence against this Act or another Act relating to protection of the environment; or\nhas not complied with a condition of the allocation notice; or\nhas not, within 1 year after the day the notice was issued, applied for or obtained—\nif the holder must have a development permit for the removal of the quarry material—a development permit; or\nif the removal of the quarry material is an environmentally relevant activity—an environmental authority; or\nthe suspension or cancellation is necessary or desirable for coastal management.\ns 85 ins 2001 No. 93 s 15\namd 2004 No. 48 s 13 ; 2012 No. 16 s 78 sch ; 2016 No. 27 s 140\n- (a) the allocation notice was granted in error or because of a materially false or fraudulent document, statement or representation; or\n- (b) the allocation notice holder— (i) has committed, or is committing, an offence against this Act or another Act relating to protection of the environment; or (ii) has not complied with a condition of the allocation notice; or (iii) has not, within 1 year after the day the notice was issued, applied for or obtained— (A) if the holder must have a development permit for the removal of the quarry material—a development permit; or (B) if the removal of the quarry material is an environmentally relevant activity—an environmental authority; or\n- (i) has committed, or is committing, an offence against this Act or another Act relating to protection of the environment; or\n- (ii) has not complied with a condition of the allocation notice; or\n- (iii) has not, within 1 year after the day the notice was issued, applied for or obtained— (A) if the holder must have a development permit for the removal of the quarry material—a development permit; or (B) if the removal of the quarry material is an environmentally relevant activity—an environmental authority; or\n- (A) if the holder must have a development permit for the removal of the quarry material—a development permit; or\n- (B) if the removal of the quarry material is an environmentally relevant activity—an environmental authority; or\n- (c) the suspension or cancellation is necessary or desirable for coastal management.\n- (i) has committed, or is committing, an offence against this Act or another Act relating to protection of the environment; or\n- (ii) has not complied with a condition of the allocation notice; or\n- (iii) has not, within 1 year after the day the notice was issued, applied for or obtained— (A) if the holder must have a development permit for the removal of the quarry material—a development permit; or (B) if the removal of the quarry material is an environmentally relevant activity—an environmental authority; or\n- (A) if the holder must have a development permit for the removal of the quarry material—a development permit; or\n- (B) if the removal of the quarry material is an environmentally relevant activity—an environmental authority; or\n- (A) if the holder must have a development permit for the removal of the quarry material—a development permit; or\n- (B) if the removal of the quarry material is an environmentally relevant activity—an environmental authority; or","sortOrder":114},{"sectionNumber":"sec.86","sectionType":"section","heading":"Amendment, suspension or cancellation—procedure","content":"### sec.86 Amendment, suspension or cancellation—procedure\n\nBefore amending, suspending or cancelling an allocation notice, the chief executive must give the allocation notice holder a written notice inviting the holder to show why the allocation notice should not be amended, suspended or cancelled (the proposed action ).\nThe notice must state each of the following—\nthe proposed action;\nthe grounds for the proposed action;\nthe facts and circumstances forming the basis for the grounds;\nif the proposed action is to amend the allocation notice—the proposed amendment;\nif the proposed action is suspension of the allocation notice—the proposed suspension period;\nthat representations may be made about the notice;\nhow the representations may be made;\nwhere the representations may be made or sent;\na period within which the representations must be made.\nThe stated period must end at least 10 business days after the notice is given.\nIf, after considering all representations made within the stated period, the chief executive still considers the proposed action should be taken, the chief executive may—\nif the proposed action is to amend the allocation notice—amend the allocation notice; and\nif the proposed action is to suspend the allocation notice—suspend the allocation notice for no longer than the proposed suspension period; and\nif the proposed action is to cancel the allocation notice—cancel the allocation notice or suspend it for a period.\nThis section does not apply if the allocation is amended under section 84 (1) (a) .\ns 86 ins 2001 No. 93 s 15\n(sec.86-ssec.1) Before amending, suspending or cancelling an allocation notice, the chief executive must give the allocation notice holder a written notice inviting the holder to show why the allocation notice should not be amended, suspended or cancelled (the proposed action ).\n(sec.86-ssec.2) The notice must state each of the following— the proposed action; the grounds for the proposed action; the facts and circumstances forming the basis for the grounds; if the proposed action is to amend the allocation notice—the proposed amendment; if the proposed action is suspension of the allocation notice—the proposed suspension period; that representations may be made about the notice; how the representations may be made; where the representations may be made or sent; a period within which the representations must be made.\n(sec.86-ssec.3) The stated period must end at least 10 business days after the notice is given.\n(sec.86-ssec.4) If, after considering all representations made within the stated period, the chief executive still considers the proposed action should be taken, the chief executive may— if the proposed action is to amend the allocation notice—amend the allocation notice; and if the proposed action is to suspend the allocation notice—suspend the allocation notice for no longer than the proposed suspension period; and if the proposed action is to cancel the allocation notice—cancel the allocation notice or suspend it for a period.\n(sec.86-ssec.5) This section does not apply if the allocation is amended under section 84 (1) (a) .\n- (a) the proposed action;\n- (b) the grounds for the proposed action;\n- (c) the facts and circumstances forming the basis for the grounds;\n- (d) if the proposed action is to amend the allocation notice—the proposed amendment;\n- (e) if the proposed action is suspension of the allocation notice—the proposed suspension period;\n- (f) that representations may be made about the notice;\n- (g) how the representations may be made;\n- (h) where the representations may be made or sent;\n- (i) a period within which the representations must be made.\n- (a) if the proposed action is to amend the allocation notice—amend the allocation notice; and\n- (b) if the proposed action is to suspend the allocation notice—suspend the allocation notice for no longer than the proposed suspension period; and\n- (c) if the proposed action is to cancel the allocation notice—cancel the allocation notice or suspend it for a period.","sortOrder":115},{"sectionNumber":"sec.87","sectionType":"section","heading":"Notice and effect of amendment, suspension or cancellation of allocations","content":"### sec.87 Notice and effect of amendment, suspension or cancellation of allocations\n\nIf the chief executive amends, suspends or cancels an allocation notice, written notice and particulars of the amendment, suspension or cancellation must be given to the allocation holder.\nThe notice must state the decision and the reasons for it.\nAn amendment takes effect from the day the notice is given.\nIf the chief executive suspends the allocation notice, it is ineffective during the period of suspension.\nThe suspension—\nmay be for the period the chief executive decides; and\nhas effect from—\nthe day the notice is given; or\nif a later day is stated in the notice—the stated day.\nIf the chief executive cancels the allocation notice, it ceases to have effect from—\nthe day the notice is given; or\nif a later day is stated in the notice—the stated day.\nThe amendment, suspension or cancellation does not give the holder a right to compensation for any loss or damage arising from the amendment, suspension or cancellation.\ns 87 ins 2001 No. 93 s 15\n(sec.87-ssec.1) If the chief executive amends, suspends or cancels an allocation notice, written notice and particulars of the amendment, suspension or cancellation must be given to the allocation holder.\n(sec.87-ssec.2) The notice must state the decision and the reasons for it.\n(sec.87-ssec.3) An amendment takes effect from the day the notice is given.\n(sec.87-ssec.4) If the chief executive suspends the allocation notice, it is ineffective during the period of suspension.\n(sec.87-ssec.5) The suspension— may be for the period the chief executive decides; and has effect from— the day the notice is given; or if a later day is stated in the notice—the stated day.\n(sec.87-ssec.6) If the chief executive cancels the allocation notice, it ceases to have effect from— the day the notice is given; or if a later day is stated in the notice—the stated day.\n(sec.87-ssec.7) The amendment, suspension or cancellation does not give the holder a right to compensation for any loss or damage arising from the amendment, suspension or cancellation.\n- (a) may be for the period the chief executive decides; and\n- (b) has effect from— (i) the day the notice is given; or (ii) if a later day is stated in the notice—the stated day.\n- (i) the day the notice is given; or\n- (ii) if a later day is stated in the notice—the stated day.\n- (i) the day the notice is given; or\n- (ii) if a later day is stated in the notice—the stated day.\n- (a) the day the notice is given; or\n- (b) if a later day is stated in the notice—the stated day.","sortOrder":116},{"sectionNumber":"sec.88","sectionType":"section","heading":"Surrender","content":"### sec.88 Surrender\n\nThe holder of an allocation notice may surrender the holder’s allocation by giving the chief executive—\nwritten notice of the surrender; and\nthe allocation notice.\ns 88 ins 2001 No. 93 s 15\n- (a) written notice of the surrender; and\n- (b) the allocation notice.","sortOrder":117},{"sectionNumber":"ch.2-pt.5-div.2","sectionType":"division","heading":null,"content":"","sortOrder":118},{"sectionNumber":"sec.89","sectionType":"section","heading":null,"content":"### Section sec.89\n\ns 89 ins 2001 No. 93 s 15\namd 2009 No. 36 s 872 sch 2 ; 2010 No. 19 s 16\nom 2011 No. 6 s 33","sortOrder":119},{"sectionNumber":"sec.90","sectionType":"section","heading":null,"content":"### Section sec.90\n\ns 90 ins 2001 No. 93 s 15\namd 2006 No. 59 s 30\nom 2011 No. 6 s 33","sortOrder":120},{"sectionNumber":"sec.91","sectionType":"section","heading":null,"content":"### Section sec.91\n\ns 91 ins 2001 No. 93 s 15\nom 2011 No. 6 s 33","sortOrder":121},{"sectionNumber":"sec.92","sectionType":"section","heading":null,"content":"### Section sec.92\n\ns 92 ins 2001 No. 93 s 15\nom 2011 No. 6 s 33","sortOrder":122},{"sectionNumber":"sec.93","sectionType":"section","heading":null,"content":"### Section sec.93\n\ns 93 ins 2001 No. 93 s 15\namd 2003 No. 79 s 170 sch 1 ; 2004 No. 31 s 172 ; 2006 No. 59 s 31 ; 2009 No. 36 s 872 sch 2\nom 2011 No. 6 s 33","sortOrder":123},{"sectionNumber":"sec.94","sectionType":"section","heading":null,"content":"### Section sec.94\n\ns 94 ins 2001 No. 93 s 15\nom 2004 No. 48 s 14","sortOrder":124},{"sectionNumber":"sec.95","sectionType":"section","heading":null,"content":"### Section sec.95\n\ns 95 ins 2001 No. 93 s 15\nom 2011 No. 6 s 33","sortOrder":125},{"sectionNumber":"sec.96","sectionType":"section","heading":null,"content":"### Section sec.96\n\ns 96 ins 2001 No. 93 s 15\namd 2003 No. 79 s 170 sch 1 ; 2006 No. 59 s 32\nom 2011 No. 6 s 33","sortOrder":126},{"sectionNumber":"sec.97","sectionType":"section","heading":null,"content":"### Section sec.97\n\ns 97 ins 2001 No. 93 s 15\nom 2011 No. 6 s 33","sortOrder":127},{"sectionNumber":"sec.98","sectionType":"section","heading":null,"content":"### Section sec.98\n\ns 98 ins 2001 No. 93 s 15\nom 2011 No. 6 s 33","sortOrder":128},{"sectionNumber":"sec.99","sectionType":"section","heading":null,"content":"### Section sec.99\n\ns 99 ins 2001 No. 93 s 15\nom 2011 No. 6 s 33","sortOrder":129},{"sectionNumber":"sec.100","sectionType":"section","heading":null,"content":"### Section sec.100\n\ns 100 ins 2001 No. 93 s 15\nom 2011 No. 6 s 33","sortOrder":130},{"sectionNumber":"ch.2-pt.5-div.2-oc.2","sectionType":"division","heading":null,"content":"","sortOrder":131},{"sectionNumber":"sec.100A","sectionType":"section","heading":null,"content":"### Section sec.100A\n\ns 100A ins 2004 No. 48 s 15\namd 2009 No. 36 s 872 sch 2 ; 2011 No. 6 s 35 ; 2012 No. 3 s 21 ; 2012 No. 16 s 78 sch\nom 2016 No. 27 s 141","sortOrder":132},{"sectionNumber":"sec.100B","sectionType":"section","heading":null,"content":"### Section sec.100B\n\ns 100B ins 2004 No. 48 s 15\namd 2009 No. 36 s 872 sch 2\nom 2011 No. 6 s 36","sortOrder":133},{"sectionNumber":"ch.2-pt.5-div.3","sectionType":"division","heading":"Offences","content":"## Offences","sortOrder":134},{"sectionNumber":"sec.101","sectionType":"section","heading":"Removing quarry material","content":"### sec.101 Removing quarry material\n\nA person must not, without reasonable excuse, remove quarry material from tidal water unless the person is the holder of an allocation notice for the material.\nMaximum penalty—1,665 penalty units.\nA person must not, without reasonable excuse, contravene a condition of an allocation notice.\nMaximum penalty—1,665 penalty units.\nOn a conviction for an offence under subsection (1) , the court in addition to imposing a penalty may order the offender pay to the chief executive royalty at the rate prescribed under a regulation for section 102 (1) for the quarry material removed in contravention of subsection (1) .\nSubsection (1) does not apply to a person who removes quarry material—\nbecause of an emergency endangering the life or health of a person or involving a serious threat to the environment; or\nwhile fossicking under a licence under the Fossicking Act 1994 if the person does not remove more than 1m 3 of quarry material in a year.\nIn this section—\nremove includes collect.\ns 101 ins 2001 No. 93 s 15\namd 2009 No. 36 s 872 sch 2 ; 2011 No. 6 s 37\n(sec.101-ssec.1) A person must not, without reasonable excuse, remove quarry material from tidal water unless the person is the holder of an allocation notice for the material. Maximum penalty—1,665 penalty units.\n(sec.101-ssec.2) A person must not, without reasonable excuse, contravene a condition of an allocation notice. Maximum penalty—1,665 penalty units.\n(sec.101-ssec.3) On a conviction for an offence under subsection (1) , the court in addition to imposing a penalty may order the offender pay to the chief executive royalty at the rate prescribed under a regulation for section 102 (1) for the quarry material removed in contravention of subsection (1) .\n(sec.101-ssec.4) Subsection (1) does not apply to a person who removes quarry material— because of an emergency endangering the life or health of a person or involving a serious threat to the environment; or while fossicking under a licence under the Fossicking Act 1994 if the person does not remove more than 1m 3 of quarry material in a year.\n(sec.101-ssec.5) In this section— remove includes collect.\n- (a) because of an emergency endangering the life or health of a person or involving a serious threat to the environment; or\n- (b) while fossicking under a licence under the Fossicking Act 1994 if the person does not remove more than 1m 3 of quarry material in a year.","sortOrder":135},{"sectionNumber":"ch.2-pt.5-div.4","sectionType":"division","heading":"General","content":"## General","sortOrder":136},{"sectionNumber":"sec.102","sectionType":"section","heading":"Royalty or price for quarry material","content":"### sec.102 Royalty or price for quarry material\n\nFor quarry material removed under an allocation notice, royalty at the rate prescribed under a regulation or the price set for the sale is payable to the State as prescribed under the regulation or the sale.\nThe royalty, or the price payable and not paid, is a debt due to the State.\ns 102 ins 2001 No. 93 s 15\namd 2004 No. 48 s 16 ; 2011 No. 6 s 38\n(sec.102-ssec.1) For quarry material removed under an allocation notice, royalty at the rate prescribed under a regulation or the price set for the sale is payable to the State as prescribed under the regulation or the sale.\n(sec.102-ssec.2) The royalty, or the price payable and not paid, is a debt due to the State.","sortOrder":137},{"sectionNumber":"ch.2-pt.6","sectionType":"part","heading":"Land surrender and artificial waterways","content":"# Land surrender and artificial waterways","sortOrder":138},{"sectionNumber":"ch.2-pt.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":139},{"sectionNumber":"sec.103","sectionType":"section","heading":null,"content":"### Section sec.103\n\ns 103 ins 2001 No. 93 s 15\namd 2005 No. 53 s 8 ; 2009 No. 36 s 872 sch 2\nom 2016 No. 27 s 143","sortOrder":140},{"sectionNumber":"ch.2-pt.6-div.2","sectionType":"division","heading":null,"content":"","sortOrder":141},{"sectionNumber":"sec.104","sectionType":"section","heading":null,"content":"### Section sec.104\n\ns 104 ins 2001 No. 93 s 15 (amd 2003 No. 64 s 117 (1) – (3) )\namd 2003 No. 79 s 170 sch 1 ; 2009 No. 36 s 872 sch 2\nom 2016 No. 27 s 143","sortOrder":142},{"sectionNumber":"sec.104A","sectionType":"section","heading":null,"content":"### Section sec.104A\n\ns 104A ins 2005 No. 42 s 52 sch 1\namd 2006 No. 59 s 85 sch\nsub 2009 No. 36 s 872 sch 2\nom 2014 No. 40 s 154 sch 1 pt 2","sortOrder":143},{"sectionNumber":"sec.104B","sectionType":"section","heading":null,"content":"### Section sec.104B\n\ns 104B ins 2011 No. 6 s 39\namd 2012 No. 34 s 6\nom 2016 No. 27 s 143","sortOrder":144},{"sectionNumber":"sec.105","sectionType":"section","heading":null,"content":"### Section sec.105\n\ns 105 ins 2001 No. 93 s 15\namd 2009 No. 36 s 872 sch 2\nom 2011 No. 6 s 40","sortOrder":145},{"sectionNumber":"sec.106","sectionType":"section","heading":null,"content":"### Section sec.106\n\ns 106 ins 2001 No. 93 s 15\nom 2016 No. 27 s 143","sortOrder":146},{"sectionNumber":"sec.107","sectionType":"section","heading":null,"content":"### Section sec.107\n\ns 107 ins 2001 No. 93 s 15\nom 2016 No. 27 s 143","sortOrder":147},{"sectionNumber":"sec.108","sectionType":"section","heading":null,"content":"### Section sec.108\n\ns 108 ins 2001 No. 93 s 15\nom 2011 No. 6 s 41","sortOrder":148},{"sectionNumber":"ch.2-pt.6-div.3","sectionType":"division","heading":"Land surrender","content":"## Land surrender","sortOrder":149},{"sectionNumber":"sec.109","sectionType":"section","heading":"Definitions for division","content":"### sec.109 Definitions for division\n\nIn this division—\nchange application —\nmeans a change application under the Planning Act ; but\ndoes not include a change application for a minor change to a development approval, as defined in the Planning Act .\nrelevant application means—\na development application for a development approval for reconfiguring a lot that is completely or partly within a coastal management district; or\na change application to change a development approval that already approves reconfiguring a lot that is completely or partly within a coastal management district; or\na change application to change a development approval—\nto approve reconfiguring a lot that is completely or partly within a coastal management district; and\nthat does not already approve reconfiguring a lot that is completely or partly within a coastal management district.\ns 109 ins 2001 No. 93 s 15\nsub 2016 No. 27 s 144\n- (a) means a change application under the Planning Act ; but\n- (b) does not include a change application for a minor change to a development approval, as defined in the Planning Act .\n- (a) a development application for a development approval for reconfiguring a lot that is completely or partly within a coastal management district; or\n- (b) a change application to change a development approval that already approves reconfiguring a lot that is completely or partly within a coastal management district; or\n- (c) a change application to change a development approval— (i) to approve reconfiguring a lot that is completely or partly within a coastal management district; and (ii) that does not already approve reconfiguring a lot that is completely or partly within a coastal management district.\n- (i) to approve reconfiguring a lot that is completely or partly within a coastal management district; and\n- (ii) that does not already approve reconfiguring a lot that is completely or partly within a coastal management district.\n- (i) to approve reconfiguring a lot that is completely or partly within a coastal management district; and\n- (ii) that does not already approve reconfiguring a lot that is completely or partly within a coastal management district.","sortOrder":150},{"sectionNumber":"sec.110","sectionType":"section","heading":"Application of subdivision","content":"### sec.110 Application of subdivision\n\nThis subdivision applies if—\na person makes a relevant application; and\nthe lot to be reconfigured includes land (the prescribed land ) that is—\nin a coastal management district; and\nin an erosion prone area or within 40m of the foreshore; and\nthe planning chief executive is—\nif the relevant application is a development application—the assessment manager or a referral agency for the application under the Planning Act ; or\nif the relevant application is a change application—the responsible entity or a referral agency for the application under the Planning Act .\ns 110 ins 2001 No. 93 s 15\namd 2011 No. 6 s 44\nsub 2016 No. 27 s 145\namd 2019 No. 11 s 231 s ch 1 pt 1\n- (a) a person makes a relevant application; and\n- (b) the lot to be reconfigured includes land (the prescribed land ) that is— (i) in a coastal management district; and (ii) in an erosion prone area or within 40m of the foreshore; and\n- (i) in a coastal management district; and\n- (ii) in an erosion prone area or within 40m of the foreshore; and\n- (c) the planning chief executive is— (i) if the relevant application is a development application—the assessment manager or a referral agency for the application under the Planning Act ; or (ii) if the relevant application is a change application—the responsible entity or a referral agency for the application under the Planning Act .\n- (i) if the relevant application is a development application—the assessment manager or a referral agency for the application under the Planning Act ; or\n- (ii) if the relevant application is a change application—the responsible entity or a referral agency for the application under the Planning Act .\n- (i) in a coastal management district; and\n- (ii) in an erosion prone area or within 40m of the foreshore; and\n- (i) if the relevant application is a development application—the assessment manager or a referral agency for the application under the Planning Act ; or\n- (ii) if the relevant application is a change application—the responsible entity or a referral agency for the application under the Planning Act .","sortOrder":151},{"sectionNumber":"sec.111","sectionType":"section","heading":"Notice of proposed land surrender requirement","content":"### sec.111 Notice of proposed land surrender requirement\n\nThis section applies if the chief executive proposes to require the owner of the prescribed land to surrender all or part of the prescribed land to the State for coastal management.\nThe chief executive must give written notice (each a proposed surrender notice ) of the proposal to—\nthe applicant; and\nif the applicant is not the owner of the land—the owner of the land; and\nthe planning chief executive; and\nif the relevant application is a development application and the planning chief executive is not the assessment manager for the application—the assessment manager for the application; and\nif the relevant application is a change application and the planning chief executive is not the responsible entity for the application—the responsible entity for the application.\nEach proposed surrender notice must state—\ndetails of the prescribed land the chief executive proposes be required for surrender; and\nthat the owner may, within 15 business days after receiving the notice, make a written submission to the chief executive about the proposal.\nThe notice must be given within—\nif the relevant application is a development application and the planning chief executive is the assessment manager for the application—15 business days after the application is properly made under the Planning Act ; or\nif the relevant application is a change application and the planning chief executive is the responsible entity for the application—15 business days after the application is made; or\notherwise—15 business days after the relevant application is given to the planning chief executive.\ns 111 ins 2001 No. 93 s 15\namd 2009 No. 36 s 872 sch 2 ; 2011 No. 6 s 45\nsub 2016 No. 27 s 145\n(sec.111-ssec.1) This section applies if the chief executive proposes to require the owner of the prescribed land to surrender all or part of the prescribed land to the State for coastal management.\n(sec.111-ssec.2) The chief executive must give written notice (each a proposed surrender notice ) of the proposal to— the applicant; and if the applicant is not the owner of the land—the owner of the land; and the planning chief executive; and if the relevant application is a development application and the planning chief executive is not the assessment manager for the application—the assessment manager for the application; and if the relevant application is a change application and the planning chief executive is not the responsible entity for the application—the responsible entity for the application.\n(sec.111-ssec.3) Each proposed surrender notice must state— details of the prescribed land the chief executive proposes be required for surrender; and that the owner may, within 15 business days after receiving the notice, make a written submission to the chief executive about the proposal.\n(sec.111-ssec.4) The notice must be given within— if the relevant application is a development application and the planning chief executive is the assessment manager for the application—15 business days after the application is properly made under the Planning Act ; or if the relevant application is a change application and the planning chief executive is the responsible entity for the application—15 business days after the application is made; or otherwise—15 business days after the relevant application is given to the planning chief executive.\n- (a) the applicant; and\n- (b) if the applicant is not the owner of the land—the owner of the land; and\n- (c) the planning chief executive; and\n- (d) if the relevant application is a development application and the planning chief executive is not the assessment manager for the application—the assessment manager for the application; and\n- (e) if the relevant application is a change application and the planning chief executive is not the responsible entity for the application—the responsible entity for the application.\n- (a) details of the prescribed land the chief executive proposes be required for surrender; and\n- (b) that the owner may, within 15 business days after receiving the notice, make a written submission to the chief executive about the proposal.\n- (a) if the relevant application is a development application and the planning chief executive is the assessment manager for the application—15 business days after the application is properly made under the Planning Act ; or\n- (b) if the relevant application is a change application and the planning chief executive is the responsible entity for the application—15 business days after the application is made; or\n- (c) otherwise—15 business days after the relevant application is given to the planning chief executive.","sortOrder":152},{"sectionNumber":"sec.112","sectionType":"section","heading":"Decision whether to require surrender of land","content":"### sec.112 Decision whether to require surrender of land\n\nIn deciding whether or not to require the surrender of the land stated in a proposed surrender notice, the chief executive must consider—\nany written submission made to the chief executive by the owner of the land; and\nhow the surrender would avoid or minimise detrimental impacts on coastal management.\nIf the chief executive decides not to require the surrender, the chief executive must, within 30 business days after the last proposed surrender notice was given, give written notice of the decision to each entity to whom the proposed surrender notice was given.\nHowever, the chief executive may extend the period mentioned in subsection (2) by not more than 10 business days if the owner of the land agrees, in writing, to the extension.\ns 112 ins 2001 No. 93 s 15\nsub 2016 No. 27 s 145\n(sec.112-ssec.1) In deciding whether or not to require the surrender of the land stated in a proposed surrender notice, the chief executive must consider— any written submission made to the chief executive by the owner of the land; and how the surrender would avoid or minimise detrimental impacts on coastal management.\n(sec.112-ssec.2) If the chief executive decides not to require the surrender, the chief executive must, within 30 business days after the last proposed surrender notice was given, give written notice of the decision to each entity to whom the proposed surrender notice was given.\n(sec.112-ssec.3) However, the chief executive may extend the period mentioned in subsection (2) by not more than 10 business days if the owner of the land agrees, in writing, to the extension.\n- (a) any written submission made to the chief executive by the owner of the land; and\n- (b) how the surrender would avoid or minimise detrimental impacts on coastal management.","sortOrder":153},{"sectionNumber":"sec.113","sectionType":"section","heading":"Land surrender requirement","content":"### sec.113 Land surrender requirement\n\nThe chief executive may, by written notice to the owner of the prescribed land relating to the relevant application, require the owner to surrender all or part of the prescribed land (the required land ) to the State for coastal management if—\nthe chief executive is satisfied the required land should be surrendered for coastal management; and\nthe Minister approves the proposed requirement.\nA requirement under subsection (1) is a land surrender requirement .\nA land surrender requirement must—\nbe given to the owner within 30 business days after the proposed surrender notice is given to the owner; and\nstate the following—\ndetails of the required land;\nthe day the Minister approved the making of the requirement;\nthat the required land must be surrendered to the State when the plan for reconfiguring the lot to which the relevant application relates is registered under the Land Title Act 1994 ;\nthe effect of section 114 .\nThe chief executive may extend the period mentioned in subsection (3) (a) by not more than 10 business days if the owner agrees, in writing, to the extension.\nThe chief executive must give a copy of the land surrender requirement to—\nif the applicant for the relevant application is not the owner of the prescribed land—the applicant; and\nthe planning chief executive; and\nif the relevant application is a development application and the planning chief executive is not the assessment manager for the application—the assessment manager for the application; and\nif the relevant application is a change application and the planning chief executive is not the responsible entity for the application—the responsible entity for the application.\nThis section is subject to section 115 .\ns 113 ins 2001 No. 93 s 15\namd 2011 No. 6 s 46\nsub 2016 No. 27 s 145\n(sec.113-ssec.1) The chief executive may, by written notice to the owner of the prescribed land relating to the relevant application, require the owner to surrender all or part of the prescribed land (the required land ) to the State for coastal management if— the chief executive is satisfied the required land should be surrendered for coastal management; and the Minister approves the proposed requirement.\n(sec.113-ssec.2) A requirement under subsection (1) is a land surrender requirement .\n(sec.113-ssec.3) A land surrender requirement must— be given to the owner within 30 business days after the proposed surrender notice is given to the owner; and state the following— details of the required land; the day the Minister approved the making of the requirement; that the required land must be surrendered to the State when the plan for reconfiguring the lot to which the relevant application relates is registered under the Land Title Act 1994 ; the effect of section 114 .\n(sec.113-ssec.4) The chief executive may extend the period mentioned in subsection (3) (a) by not more than 10 business days if the owner agrees, in writing, to the extension.\n(sec.113-ssec.5) The chief executive must give a copy of the land surrender requirement to— if the applicant for the relevant application is not the owner of the prescribed land—the applicant; and the planning chief executive; and if the relevant application is a development application and the planning chief executive is not the assessment manager for the application—the assessment manager for the application; and if the relevant application is a change application and the planning chief executive is not the responsible entity for the application—the responsible entity for the application.\n(sec.113-ssec.6) This section is subject to section 115 .\n- (a) the chief executive is satisfied the required land should be surrendered for coastal management; and\n- (b) the Minister approves the proposed requirement.\n- (a) be given to the owner within 30 business days after the proposed surrender notice is given to the owner; and\n- (b) state the following— (i) details of the required land; (ii) the day the Minister approved the making of the requirement; (iii) that the required land must be surrendered to the State when the plan for reconfiguring the lot to which the relevant application relates is registered under the Land Title Act 1994 ; (iv) the effect of section 114 .\n- (i) details of the required land;\n- (ii) the day the Minister approved the making of the requirement;\n- (iii) that the required land must be surrendered to the State when the plan for reconfiguring the lot to which the relevant application relates is registered under the Land Title Act 1994 ;\n- (iv) the effect of section 114 .\n- (i) details of the required land;\n- (ii) the day the Minister approved the making of the requirement;\n- (iii) that the required land must be surrendered to the State when the plan for reconfiguring the lot to which the relevant application relates is registered under the Land Title Act 1994 ;\n- (iv) the effect of section 114 .\n- (a) if the applicant for the relevant application is not the owner of the prescribed land—the applicant; and\n- (b) the planning chief executive; and\n- (c) if the relevant application is a development application and the planning chief executive is not the assessment manager for the application—the assessment manager for the application; and\n- (d) if the relevant application is a change application and the planning chief executive is not the responsible entity for the application—the responsible entity for the application.","sortOrder":154},{"sectionNumber":"sec.114","sectionType":"section","heading":"Effect on decisions or actions if relevant application is refused or development approval stops having effect","content":"### sec.114 Effect on decisions or actions if relevant application is refused or development approval stops having effect\n\nAn action taken, or decision made, by the chief executive under this subdivision in relation to a relevant application is of no effect, and is taken to have never been made or taken, if—\nthe application is refused; or\nany development approval given for the application stops having effect.\ns 114 ins 2001 No. 93 s 15\nsub 2016 No. 27 s 145\n- (a) the application is refused; or\n- (b) any development approval given for the application stops having effect.","sortOrder":155},{"sectionNumber":"sec.115","sectionType":"section","heading":"Land surrender requirement can not be given in particular circumstances","content":"### sec.115 Land surrender requirement can not be given in particular circumstances\n\nA land surrender requirement can not be given in relation to a relevant application if—\nthe lot to be reconfigured was part of another lot that has been the subject of—\na development application or change application; or\nan application to rezone land under the repealed Local Government (Planning and Environment) Act 1990 ; and\na part of the other lot was surrendered to the State under—\na land surrender condition; or\na land surrender requirement; or\nthe repealed Beach Protection Act , section 41C (6) or 45 (7) .\nAlso, a land surrender requirement can not be given in relation to a relevant application that is a change application if part of the lot to be reconfigured was surrendered to the State under—\na land surrender condition included in the development approval to which the change application relates; or\na land surrender requirement given in relation to the application for the development approval to which the change application relates.\nIn this section—\nland surrender condition means a land surrender condition, included in a development approval, under section 110 as in force immediately before the commencement.\ns 115 ins 2001 No. 93 s 15\namd 2009 No. 36 s 872 sch 2\nsub 2016 No. 27 s 145\n(sec.115-ssec.1) A land surrender requirement can not be given in relation to a relevant application if— the lot to be reconfigured was part of another lot that has been the subject of— a development application or change application; or an application to rezone land under the repealed Local Government (Planning and Environment) Act 1990 ; and a part of the other lot was surrendered to the State under— a land surrender condition; or a land surrender requirement; or the repealed Beach Protection Act , section 41C (6) or 45 (7) .\n(sec.115-ssec.2) Also, a land surrender requirement can not be given in relation to a relevant application that is a change application if part of the lot to be reconfigured was surrendered to the State under— a land surrender condition included in the development approval to which the change application relates; or a land surrender requirement given in relation to the application for the development approval to which the change application relates.\n(sec.115-ssec.3) In this section— land surrender condition means a land surrender condition, included in a development approval, under section 110 as in force immediately before the commencement.\n- (a) the lot to be reconfigured was part of another lot that has been the subject of— (i) a development application or change application; or (ii) an application to rezone land under the repealed Local Government (Planning and Environment) Act 1990 ; and\n- (i) a development application or change application; or\n- (ii) an application to rezone land under the repealed Local Government (Planning and Environment) Act 1990 ; and\n- (b) a part of the other lot was surrendered to the State under— (i) a land surrender condition; or (ii) a land surrender requirement; or (iii) the repealed Beach Protection Act , section 41C (6) or 45 (7) .\n- (i) a land surrender condition; or\n- (ii) a land surrender requirement; or\n- (iii) the repealed Beach Protection Act , section 41C (6) or 45 (7) .\n- (i) a development application or change application; or\n- (ii) an application to rezone land under the repealed Local Government (Planning and Environment) Act 1990 ; and\n- (i) a land surrender condition; or\n- (ii) a land surrender requirement; or\n- (iii) the repealed Beach Protection Act , section 41C (6) or 45 (7) .\n- (a) a land surrender condition included in the development approval to which the change application relates; or\n- (b) a land surrender requirement given in relation to the application for the development approval to which the change application relates.","sortOrder":156},{"sectionNumber":"sec.115AA","sectionType":"section","heading":"Compliance with land surrender requirement","content":"### sec.115AA Compliance with land surrender requirement\n\nA person to whom the chief executive gives a land surrender requirement under section 113 must comply with the requirement.\nMaximum penalty—1,665 penalty units.\ns 115AA ins 2016 No. 27 s 145","sortOrder":157},{"sectionNumber":"sec.115A","sectionType":"section","heading":"Applicant may surrender land voluntarily","content":"### sec.115A Applicant may surrender land voluntarily\n\nThe applicant for a relevant application may voluntarily surrender a part of the lot to be reconfigured to the State for coastal management if the part is in a coastal management district.\nTo remove any doubt, it is declared that subdivision 2 does not apply to a part of a lot surrendered under subsection (1) .\ns 115A ins 2011 No. 6 s 47\namd 2016 No. 27 s 146\n(sec.115A-ssec.1) The applicant for a relevant application may voluntarily surrender a part of the lot to be reconfigured to the State for coastal management if the part is in a coastal management district.\n(sec.115A-ssec.2) To remove any doubt, it is declared that subdivision 2 does not apply to a part of a lot surrendered under subsection (1) .","sortOrder":158},{"sectionNumber":"sec.115B","sectionType":"section","heading":"Surrendered land to be dedicated for coastal management purposes","content":"### sec.115B Surrendered land to be dedicated for coastal management purposes\n\nThis section applies to the surrender of a part of the lot in the coastal management district to the State under a land surrender requirement or under section 115A .\nThe plan of subdivision under the Land Title Act 1994 giving effect to the surrender must dedicate the surrendered land for conservation, scenic and land management purposes.\nOn registration of the plan of subdivision, without anything further, the surrendered land is dedicated as a reserve under the Land Act 1994 for conservation, scenic and land management purposes.\nSubsection (3) applies despite the Land Title Act 1994 , section 51 .\nFor the Land Act 1994 , the trustee of the reserve is—\nif the local government for the area in which the surrendered land is situated has endorsed the plan of subdivision with its acceptance of the trusteeship of the reserve—the local government; or\notherwise—the State.\nThe registrar under the Land Act 1994 must record the following particulars about the reserve in the register kept under section 276 (b) of that Act—\nthe particulars of the dedication of the reserve under this section;\nthe name of the trustee.\ns 115B ins 2011 No. 6 s 47\namd 2016 No. 27 s 147 ; 2024 No. 12 s 131 s ch 1 pt 1\n(sec.115B-ssec.1) This section applies to the surrender of a part of the lot in the coastal management district to the State under a land surrender requirement or under section 115A .\n(sec.115B-ssec.2) The plan of subdivision under the Land Title Act 1994 giving effect to the surrender must dedicate the surrendered land for conservation, scenic and land management purposes.\n(sec.115B-ssec.3) On registration of the plan of subdivision, without anything further, the surrendered land is dedicated as a reserve under the Land Act 1994 for conservation, scenic and land management purposes.\n(sec.115B-ssec.4) Subsection (3) applies despite the Land Title Act 1994 , section 51 .\n(sec.115B-ssec.5) For the Land Act 1994 , the trustee of the reserve is— if the local government for the area in which the surrendered land is situated has endorsed the plan of subdivision with its acceptance of the trusteeship of the reserve—the local government; or otherwise—the State.\n(sec.115B-ssec.6) The registrar under the Land Act 1994 must record the following particulars about the reserve in the register kept under section 276 (b) of that Act— the particulars of the dedication of the reserve under this section; the name of the trustee.\n- (a) if the local government for the area in which the surrendered land is situated has endorsed the plan of subdivision with its acceptance of the trusteeship of the reserve—the local government; or\n- (b) otherwise—the State.\n- (a) the particulars of the dedication of the reserve under this section;\n- (b) the name of the trustee.","sortOrder":159},{"sectionNumber":"ch.2-pt.6-div.4","sectionType":"division","heading":"Matters about artificial waterways","content":"## Matters about artificial waterways","sortOrder":160},{"sectionNumber":"sec.116","sectionType":"section","heading":"Canals—surrender to the State","content":"### sec.116 Canals—surrender to the State\n\nThis section applies to a development approval for reconfiguring a lot in connection with the construction of a canal.\nThe area of the canal relating to the development must be surrendered to the State as a public waterway.\ns 116 ins 2001 No. 93 s 15\namd 2016 No. 27 s 148\n(sec.116-ssec.1) This section applies to a development approval for reconfiguring a lot in connection with the construction of a canal.\n(sec.116-ssec.2) The area of the canal relating to the development must be surrendered to the State as a public waterway.","sortOrder":161},{"sectionNumber":"sec.117","sectionType":"section","heading":null,"content":"### Section sec.117\n\ns 117 ins 2001 No. 93 s 15\nom 2016 No. 27 s 149","sortOrder":162},{"sectionNumber":"sec.118","sectionType":"section","heading":null,"content":"### Section sec.118\n\ns 118 ins 2001 No. 93 s 15\nom 2016 No. 27 s 149","sortOrder":163},{"sectionNumber":"sec.119","sectionType":"section","heading":"Requirements for plans of subdivision","content":"### sec.119 Requirements for plans of subdivision\n\nIf a plan of subdivision shows an artificial waterway on the plan, the plan must—\nshow the area of the artificial waterway as a separate lot; and\ninclude a metes and bounds description of the land on which the waterway is to be constructed; and\nclearly indicate—\nif the waterway is a canal—that the land is to be a canal; and\nif the waterway is not a canal—that the land is an artificial waterway; and\nany access channel associated with the waterway.\nAlso, the local government for the local government area in which the waterway is constructed must certify on the plan that—\nthe waterway, and any access channel associated with the waterway, is constructed in accordance with the development approval for the waterway; and\nif the waterway is not a canal—the local government is satisfied arrangements have been made, or will be made, for the maintenance and management of the waterway.\nSubsections (1) and (2) apply in addition to the requirements for registration of a plan of subdivision under the Land Title Act 1994 , section 50 .\ns 119 ins 2001 No. 93 s 15\n(sec.119-ssec.1) If a plan of subdivision shows an artificial waterway on the plan, the plan must— show the area of the artificial waterway as a separate lot; and include a metes and bounds description of the land on which the waterway is to be constructed; and clearly indicate— if the waterway is a canal—that the land is to be a canal; and if the waterway is not a canal—that the land is an artificial waterway; and any access channel associated with the waterway.\n(sec.119-ssec.2) Also, the local government for the local government area in which the waterway is constructed must certify on the plan that— the waterway, and any access channel associated with the waterway, is constructed in accordance with the development approval for the waterway; and if the waterway is not a canal—the local government is satisfied arrangements have been made, or will be made, for the maintenance and management of the waterway.\n(sec.119-ssec.3) Subsections (1) and (2) apply in addition to the requirements for registration of a plan of subdivision under the Land Title Act 1994 , section 50 .\n- (a) show the area of the artificial waterway as a separate lot; and\n- (b) include a metes and bounds description of the land on which the waterway is to be constructed; and\n- (c) clearly indicate— (i) if the waterway is a canal—that the land is to be a canal; and (ii) if the waterway is not a canal—that the land is an artificial waterway; and (iii) any access channel associated with the waterway.\n- (i) if the waterway is a canal—that the land is to be a canal; and\n- (ii) if the waterway is not a canal—that the land is an artificial waterway; and\n- (iii) any access channel associated with the waterway.\n- (i) if the waterway is a canal—that the land is to be a canal; and\n- (ii) if the waterway is not a canal—that the land is an artificial waterway; and\n- (iii) any access channel associated with the waterway.\n- (a) the waterway, and any access channel associated with the waterway, is constructed in accordance with the development approval for the waterway; and\n- (b) if the waterway is not a canal—the local government is satisfied arrangements have been made, or will be made, for the maintenance and management of the waterway.","sortOrder":164},{"sectionNumber":"sec.120","sectionType":"section","heading":"Registration of instruments—construction of artificial waterways","content":"### sec.120 Registration of instruments—construction of artificial waterways\n\nThe registrar of titles must not register an instrument dealing with land the subject of a reconfiguration of a lot in connection with the construction of an artificial waterway unless—\nthe plan of subdivision for the reconfiguration of the lot is registered under the Land Title Act 1994 ; and\nif the artificial waterway is a canal—\nthe plan of subdivision is certified by a local government under section 119 (2) (a) ; and\nthe area of the canal has been surrendered to the State as a public waterway; and\nif the artificial waterway is not a canal—the plan of subdivision is certified by a local government under section 119 (2) .\nSubsection (1) does not apply to an instrument surrendering the area of a canal to the State if the plan of subdivision for the reconfiguration of a lot in connection with the construction of the canal is—\nregistered under the Land Title Act 1994 ; and\ncertified by a local government under section 119 (2) (a) .\ns 120 ins 2001 No. 93 s 15\namd 2004 No. 48 s 17\n(sec.120-ssec.1) The registrar of titles must not register an instrument dealing with land the subject of a reconfiguration of a lot in connection with the construction of an artificial waterway unless— the plan of subdivision for the reconfiguration of the lot is registered under the Land Title Act 1994 ; and if the artificial waterway is a canal— the plan of subdivision is certified by a local government under section 119 (2) (a) ; and the area of the canal has been surrendered to the State as a public waterway; and if the artificial waterway is not a canal—the plan of subdivision is certified by a local government under section 119 (2) .\n(sec.120-ssec.2) Subsection (1) does not apply to an instrument surrendering the area of a canal to the State if the plan of subdivision for the reconfiguration of a lot in connection with the construction of the canal is— registered under the Land Title Act 1994 ; and certified by a local government under section 119 (2) (a) .\n- (a) the plan of subdivision for the reconfiguration of the lot is registered under the Land Title Act 1994 ; and\n- (b) if the artificial waterway is a canal— (i) the plan of subdivision is certified by a local government under section 119 (2) (a) ; and (ii) the area of the canal has been surrendered to the State as a public waterway; and\n- (i) the plan of subdivision is certified by a local government under section 119 (2) (a) ; and\n- (ii) the area of the canal has been surrendered to the State as a public waterway; and\n- (c) if the artificial waterway is not a canal—the plan of subdivision is certified by a local government under section 119 (2) .\n- (i) the plan of subdivision is certified by a local government under section 119 (2) (a) ; and\n- (ii) the area of the canal has been surrendered to the State as a public waterway; and\n- (a) registered under the Land Title Act 1994 ; and\n- (b) certified by a local government under section 119 (2) (a) .","sortOrder":165},{"sectionNumber":"ch.2-pt.6-div.5","sectionType":"division","heading":null,"content":"","sortOrder":166},{"sectionNumber":"sec.120A","sectionType":"section","heading":null,"content":"### Section sec.120A\n\ns 120A ins 2004 No. 48 s 18\nom 2016 No. 27 s 150","sortOrder":167},{"sectionNumber":"sec.120B","sectionType":"section","heading":null,"content":"### Section sec.120B\n\ns 120B ins 2004 No. 48 s 18\nom 2016 No. 27 s 150","sortOrder":168},{"sectionNumber":"sec.120C","sectionType":"section","heading":null,"content":"### Section sec.120C\n\ns 120C ins 2004 No. 48 s 18\namd 2011 No. 6 s 48\nom 2016 No. 27 s 150","sortOrder":169},{"sectionNumber":"sec.120CA","sectionType":"section","heading":null,"content":"### Section sec.120CA\n\ns 120CA ins 2011 No. 6 s 49\nom 2016 No. 27 s 150","sortOrder":170},{"sectionNumber":"ch.2-pt.7","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":171},{"sectionNumber":"sec.121","sectionType":"section","heading":"Maintenance of canals","content":"### sec.121 Maintenance of canals\n\nA local government must maintain and keep clean each—\ncanal in its area; and\naccess channel for a canal mentioned in paragraph (a) , whether or not the access channel is in its area.\nSubsection (1) does not apply to—\na canal, other than an access channel for the canal, constructed under the Integrated Resort Development Act 1987 ; or\na canal constructed under the Sanctuary Cove Resort Act 1985 .\nIn this section—\ncanal means—\nan artificial waterway surrendered to the State under this Act or the Canals Act; or\na canal surrendered under a lease under the Land Act 1994 .\ns 121 ins 2001 No. 93 s 15\n(sec.121-ssec.1) A local government must maintain and keep clean each— canal in its area; and access channel for a canal mentioned in paragraph (a) , whether or not the access channel is in its area.\n(sec.121-ssec.2) Subsection (1) does not apply to— a canal, other than an access channel for the canal, constructed under the Integrated Resort Development Act 1987 ; or a canal constructed under the Sanctuary Cove Resort Act 1985 .\n(sec.121-ssec.3) In this section— canal means— an artificial waterway surrendered to the State under this Act or the Canals Act; or a canal surrendered under a lease under the Land Act 1994 .\n- (a) canal in its area; and\n- (b) access channel for a canal mentioned in paragraph (a) , whether or not the access channel is in its area.\n- (a) a canal, other than an access channel for the canal, constructed under the Integrated Resort Development Act 1987 ; or\n- (b) a canal constructed under the Sanctuary Cove Resort Act 1985 .\n- (a) an artificial waterway surrendered to the State under this Act or the Canals Act; or\n- (b) a canal surrendered under a lease under the Land Act 1994 .","sortOrder":172},{"sectionNumber":"sec.122","sectionType":"section","heading":"Canal waters are part of coastal management district","content":"### sec.122 Canal waters are part of coastal management district\n\nThe waters of a canal constructed completely or partly within a coastal management district are taken to be part of the coastal management district when the canal is connected to tidal water.\nSubsection (1) applies to waters of the canal to the extent of the tidal limit.\ns 122 ins 2001 No. 93 s 15\n(sec.122-ssec.1) The waters of a canal constructed completely or partly within a coastal management district are taken to be part of the coastal management district when the canal is connected to tidal water.\n(sec.122-ssec.2) Subsection (1) applies to waters of the canal to the extent of the tidal limit.","sortOrder":173},{"sectionNumber":"sec.123","sectionType":"section","heading":"Right to occupy and use land on which particular tidal works were, or are to be, carried out","content":"### sec.123 Right to occupy and use land on which particular tidal works were, or are to be, carried out\n\nThis section applies if a development permit has been, or is, granted for operational work that is tidal works that—\nwere, or are to be, carried out wholly or partly on State tidal land; and\nwere, or are to be—\ncarried out by, for or under the authority of the owner or occupier of land adjacent to the State tidal land; or\nthe construction of a private jetty, mooring pile, pontoon or domestic pipeline\ncarried out by or for a public utility provider for the purpose of providing a public utility service.\nthe construction of infrastructure across a waterway for providing electricity, gas or telecommunication services\nAlso, this section applies if a development permit has been, or is, granted for operational work that is tidal works carried out wholly or partly on State tidal land that are works for the construction of public infrastructure.\nHowever, this section does not apply for a development permit granted for operational work that is tidal works mentioned in subsection (1) (b) (i) if the tidal works include the construction of a structure that facilitates, or will facilitate, a commercial enterprise.\nThis section also applies in relation to operational work that is tidal works if the operational work—\nis accepted development under the Planning Act ; or\nis PDA accepted development under the Economic Development Act 2012 and is in a priority development area, or is PDA-associated development for a priority development area, under that Act.\nA relevant person for the tidal works, and any person authorised by the relevant person, has a right to occupy and use the State tidal land for each of the following—\ncarrying out the tidal works;\nif the tidal works include the construction of a structure—maintaining and using the structure.\nIn this section—\ndevelopment permit includes a PDA development permit under the Economic Development Act 2012.\npublic infrastructure means infrastructure that is constructed or operated for the general public.\npublic utility provider means—\nthe State or another entity representing the State; or\nthe Commonwealth or another entity representing the Commonwealth; or\na local government; or\na person authorised by law to provide a public utility service; or\na mill owner under the Sugar Industry Act 1999 .\nrelevant person , for tidal works, means—\nfor tidal works carried out by, for or under the authority of the owner of freehold land adjacent to State tidal land—the owner of the freehold land at the relevant time; or\nfor tidal works carried out by, for or under the authority of the occupier of land, other than freehold land, adjacent to State tidal land—the occupier of the land at the relevant time; or\nfor tidal works carried out by or for a public utility provider—the public utility provider; or\nfor tidal works that included the construction of a structure, anyone else, including, for example, a local government acting as a trustee, who is responsible—\nunder any law or agreement to ensure the structure is in a safe condition; or\nfor any wrong arising out of a failure to ensure the structure is in a safe condition.\ntidal works does not include the reclamation of land under tidal water.\ns 123 ins 2001 No. 93 s 15 (amd 2003 No. 64 s 117 (4) )\namd 2004 No. 48 s 19 ; 2010 No. 12 s 9\nsub 2011 No. 6 s 50\namd 2012 No. 3 s 22 ; 2012 No. 43 s 221 sch 1 ; 2013 No. 6 s 3 ; 2016 No. 27 s 151 ; 2019 No. 11 s 16\n(sec.123-ssec.1) This section applies if a development permit has been, or is, granted for operational work that is tidal works that— were, or are to be, carried out wholly or partly on State tidal land; and were, or are to be— carried out by, for or under the authority of the owner or occupier of land adjacent to the State tidal land; or the construction of a private jetty, mooring pile, pontoon or domestic pipeline carried out by or for a public utility provider for the purpose of providing a public utility service. the construction of infrastructure across a waterway for providing electricity, gas or telecommunication services\n(sec.123-ssec.2) Also, this section applies if a development permit has been, or is, granted for operational work that is tidal works carried out wholly or partly on State tidal land that are works for the construction of public infrastructure.\n(sec.123-ssec.3) However, this section does not apply for a development permit granted for operational work that is tidal works mentioned in subsection (1) (b) (i) if the tidal works include the construction of a structure that facilitates, or will facilitate, a commercial enterprise.\n(sec.123-ssec.4) This section also applies in relation to operational work that is tidal works if the operational work— is accepted development under the Planning Act ; or is PDA accepted development under the Economic Development Act 2012 and is in a priority development area, or is PDA-associated development for a priority development area, under that Act.\n(sec.123-ssec.5) A relevant person for the tidal works, and any person authorised by the relevant person, has a right to occupy and use the State tidal land for each of the following— carrying out the tidal works; if the tidal works include the construction of a structure—maintaining and using the structure.\n(sec.123-ssec.6) In this section— development permit includes a PDA development permit under the Economic Development Act 2012. public infrastructure means infrastructure that is constructed or operated for the general public. public utility provider means— the State or another entity representing the State; or the Commonwealth or another entity representing the Commonwealth; or a local government; or a person authorised by law to provide a public utility service; or a mill owner under the Sugar Industry Act 1999 . relevant person , for tidal works, means— for tidal works carried out by, for or under the authority of the owner of freehold land adjacent to State tidal land—the owner of the freehold land at the relevant time; or for tidal works carried out by, for or under the authority of the occupier of land, other than freehold land, adjacent to State tidal land—the occupier of the land at the relevant time; or for tidal works carried out by or for a public utility provider—the public utility provider; or for tidal works that included the construction of a structure, anyone else, including, for example, a local government acting as a trustee, who is responsible— under any law or agreement to ensure the structure is in a safe condition; or for any wrong arising out of a failure to ensure the structure is in a safe condition. tidal works does not include the reclamation of land under tidal water.\n- (a) were, or are to be, carried out wholly or partly on State tidal land; and\n- (b) were, or are to be— (i) carried out by, for or under the authority of the owner or occupier of land adjacent to the State tidal land; or Example of tidal works for subparagraph (i) — the construction of a private jetty, mooring pile, pontoon or domestic pipeline (ii) carried out by or for a public utility provider for the purpose of providing a public utility service. Example of tidal works for subparagraph (ii) — the construction of infrastructure across a waterway for providing electricity, gas or telecommunication services\n- (i) carried out by, for or under the authority of the owner or occupier of land adjacent to the State tidal land; or Example of tidal works for subparagraph (i) — the construction of a private jetty, mooring pile, pontoon or domestic pipeline\n- (ii) carried out by or for a public utility provider for the purpose of providing a public utility service. Example of tidal works for subparagraph (ii) — the construction of infrastructure across a waterway for providing electricity, gas or telecommunication services\n- (i) carried out by, for or under the authority of the owner or occupier of land adjacent to the State tidal land; or Example of tidal works for subparagraph (i) — the construction of a private jetty, mooring pile, pontoon or domestic pipeline\n- (ii) carried out by or for a public utility provider for the purpose of providing a public utility service. Example of tidal works for subparagraph (ii) — the construction of infrastructure across a waterway for providing electricity, gas or telecommunication services\n- (a) is accepted development under the Planning Act ; or\n- (b) is PDA accepted development under the Economic Development Act 2012 and is in a priority development area, or is PDA-associated development for a priority development area, under that Act.\n- (a) carrying out the tidal works;\n- (b) if the tidal works include the construction of a structure—maintaining and using the structure.\n- (a) the State or another entity representing the State; or\n- (b) the Commonwealth or another entity representing the Commonwealth; or\n- (c) a local government; or\n- (d) a person authorised by law to provide a public utility service; or\n- (e) a mill owner under the Sugar Industry Act 1999 .\n- (a) for tidal works carried out by, for or under the authority of the owner of freehold land adjacent to State tidal land—the owner of the freehold land at the relevant time; or\n- (b) for tidal works carried out by, for or under the authority of the occupier of land, other than freehold land, adjacent to State tidal land—the occupier of the land at the relevant time; or\n- (c) for tidal works carried out by or for a public utility provider—the public utility provider; or\n- (d) for tidal works that included the construction of a structure, anyone else, including, for example, a local government acting as a trustee, who is responsible— (i) under any law or agreement to ensure the structure is in a safe condition; or (ii) for any wrong arising out of a failure to ensure the structure is in a safe condition.\n- (i) under any law or agreement to ensure the structure is in a safe condition; or\n- (ii) for any wrong arising out of a failure to ensure the structure is in a safe condition.\n- (i) under any law or agreement to ensure the structure is in a safe condition; or\n- (ii) for any wrong arising out of a failure to ensure the structure is in a safe condition.","sortOrder":174},{"sectionNumber":"sec.124","sectionType":"section","heading":"Obligation to keep particular structure in safe condition","content":"### sec.124 Obligation to keep particular structure in safe condition\n\nSubsection (2) applies to tidal works that included the construction of a structure if a relevant person, and any person authorised by the relevant person, has a right to occupy and use State tidal land for maintaining and using the structure under section 123 (5) .\nA relevant person for the tidal works must ensure the structure is maintained in a safe condition.\nSubsection (4) applies to a structure for which there is a sanction or authorisation mentioned in section 171 that, under that section, has (together with any of its conditions) effect as if it were a development approval for operational work that is tidal works.\nThe following persons must ensure the structure is maintained in a safe condition—\na person who is an owner of freehold land, or a lessee of land leased from the State, if the land—\nis above high-water mark; and\nis connected to, or receives the benefit of, the structure;\nanyone else, including, for example, a local government acting as a trustee, who is responsible—\nunder any law or agreement to ensure the structure is in a safe condition; or\nfor any wrong arising out of a failure to ensure the structure is in a safe condition.\nSubsection (2) or (4) does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.\nWithout limiting subsection (5) , compliance with subsection (2) or (4) does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.\nAlso, a breach of an obligation under subsection (2) or (4) does not, of itself, give rise to an action for breach of statutory duty or another civil right or remedy.\nFor the consequences of a failure to comply with the obligation under subsection (2) or (4) , see part 3 , division 2 .\nIn this section—\nrelevant person see section 123 (6) .\ns 124 ins 2001 No. 93 s 15\namd 2004 No. 48 s 20\nsub 2005 No. 53 s 9\namd 2009 No. 36 s 872 sch 2\nsub 2011 No. 6 s 50\namd 2013 No. 6 s 50 sch\n(sec.124-ssec.1) Subsection (2) applies to tidal works that included the construction of a structure if a relevant person, and any person authorised by the relevant person, has a right to occupy and use State tidal land for maintaining and using the structure under section 123 (5) .\n(sec.124-ssec.2) A relevant person for the tidal works must ensure the structure is maintained in a safe condition.\n(sec.124-ssec.3) Subsection (4) applies to a structure for which there is a sanction or authorisation mentioned in section 171 that, under that section, has (together with any of its conditions) effect as if it were a development approval for operational work that is tidal works.\n(sec.124-ssec.4) The following persons must ensure the structure is maintained in a safe condition— a person who is an owner of freehold land, or a lessee of land leased from the State, if the land— is above high-water mark; and is connected to, or receives the benefit of, the structure; anyone else, including, for example, a local government acting as a trustee, who is responsible— under any law or agreement to ensure the structure is in a safe condition; or for any wrong arising out of a failure to ensure the structure is in a safe condition.\n(sec.124-ssec.5) Subsection (2) or (4) does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.\n(sec.124-ssec.6) Without limiting subsection (5) , compliance with subsection (2) or (4) does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.\n(sec.124-ssec.7) Also, a breach of an obligation under subsection (2) or (4) does not, of itself, give rise to an action for breach of statutory duty or another civil right or remedy. For the consequences of a failure to comply with the obligation under subsection (2) or (4) , see part 3 , division 2 .\n(sec.124-ssec.8) In this section— relevant person see section 123 (6) .\n- (a) a person who is an owner of freehold land, or a lessee of land leased from the State, if the land— (i) is above high-water mark; and (ii) is connected to, or receives the benefit of, the structure;\n- (i) is above high-water mark; and\n- (ii) is connected to, or receives the benefit of, the structure;\n- (b) anyone else, including, for example, a local government acting as a trustee, who is responsible— (i) under any law or agreement to ensure the structure is in a safe condition; or (ii) for any wrong arising out of a failure to ensure the structure is in a safe condition.\n- (i) under any law or agreement to ensure the structure is in a safe condition; or\n- (ii) for any wrong arising out of a failure to ensure the structure is in a safe condition.\n- (i) is above high-water mark; and\n- (ii) is connected to, or receives the benefit of, the structure;\n- (i) under any law or agreement to ensure the structure is in a safe condition; or\n- (ii) for any wrong arising out of a failure to ensure the structure is in a safe condition.","sortOrder":175},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Administration generally","content":"# Administration generally","sortOrder":176},{"sectionNumber":"sec.125","sectionType":"section","heading":"Appointment of authorised persons","content":"### sec.125 Appointment of authorised persons\n\nThe chief executive may appoint any of the following persons as authorised persons—\nofficers of the public service;\nemployees of the department;\nother persons of a class prescribed under a regulation.\n- (a) officers of the public service;\n- (b) employees of the department;\n- (c) other persons of a class prescribed under a regulation.","sortOrder":177},{"sectionNumber":"sec.126","sectionType":"section","heading":"Investigative functions of authorised persons","content":"### sec.126 Investigative functions of authorised persons\n\nAn authorised person has the function of conducting investigations and inspections to monitor and enforce compliance with—\nthis Act; and\nthe Planning Act , so far as it relates to assessable development completely or partly within a coastal management district.\ns 126 ins 2001 No. 93 s 16\namd 2009 No. 36 s 872 sch 2\n- (a) this Act; and\n- (b) the Planning Act , so far as it relates to assessable development completely or partly within a coastal management district.","sortOrder":178},{"sectionNumber":"sec.127","sectionType":"section","heading":"Qualifications for appointment","content":"### sec.127 Qualifications for appointment\n\nA person may be appointed as an authorised person only if—\nin the chief executive’s opinion, the person has the necessary expertise or experience to be an authorised person; or\nthe person has satisfactorily finished training approved by the chief executive.\n- (a) in the chief executive’s opinion, the person has the necessary expertise or experience to be an authorised person; or\n- (b) the person has satisfactorily finished training approved by the chief executive.","sortOrder":179},{"sectionNumber":"sec.128","sectionType":"section","heading":"Conditions and terms of appointment","content":"### sec.128 Conditions and terms of appointment\n\nAn authorised person holds office on the conditions stated in the instrument of appointment.\nAn authorised person appointed under section 125 (c) —\nis appointed for the term stated in the instrument of appointment; and\nmay resign by signed notice given to the chief executive.\nAn authorised person ceases to hold office—\nif the authorised person was appointed under section 125 (a) or (b) —if the authorised person ceases to be an officer of the public service or employee of the department; or\nif the authorised person was appointed under section 125 (c) —if the authorised person ceases to be a member of the class of persons.\n(sec.128-ssec.1) An authorised person holds office on the conditions stated in the instrument of appointment.\n(sec.128-ssec.2) An authorised person appointed under section 125 (c) — is appointed for the term stated in the instrument of appointment; and may resign by signed notice given to the chief executive.\n(sec.128-ssec.3) An authorised person ceases to hold office— if the authorised person was appointed under section 125 (a) or (b) —if the authorised person ceases to be an officer of the public service or employee of the department; or if the authorised person was appointed under section 125 (c) —if the authorised person ceases to be a member of the class of persons.\n- (a) is appointed for the term stated in the instrument of appointment; and\n- (b) may resign by signed notice given to the chief executive.\n- (a) if the authorised person was appointed under section 125 (a) or (b) —if the authorised person ceases to be an officer of the public service or employee of the department; or\n- (b) if the authorised person was appointed under section 125 (c) —if the authorised person ceases to be a member of the class of persons.","sortOrder":180},{"sectionNumber":"sec.129","sectionType":"section","heading":"Powers of authorised persons","content":"### sec.129 Powers of authorised persons\n\nAn authorised person has the powers given under this or another Act.\nSubsection (1) has effect subject to any limitations—\nstated in the authorised person’s instrument of appointment; or\nprescribed under a regulation; or\nstated in a notice given to the authorised person by the chief executive.\nNotice under subsection (2) (c) may be given orally, but must be confirmed in writing as soon as practicable.\n(sec.129-ssec.1) An authorised person has the powers given under this or another Act.\n(sec.129-ssec.2) Subsection (1) has effect subject to any limitations— stated in the authorised person’s instrument of appointment; or prescribed under a regulation; or stated in a notice given to the authorised person by the chief executive.\n(sec.129-ssec.3) Notice under subsection (2) (c) may be given orally, but must be confirmed in writing as soon as practicable.\n- (a) stated in the authorised person’s instrument of appointment; or\n- (b) prescribed under a regulation; or\n- (c) stated in a notice given to the authorised person by the chief executive.","sortOrder":181},{"sectionNumber":"sec.130","sectionType":"section","heading":"Issue of identity cards","content":"### sec.130 Issue of identity cards\n\nThe chief executive must issue an identity card to each authorised person.\nThe identity card must—\ncontain a recent photograph of the authorised person; and\nbe signed by the authorised person; and\nidentify the person as an authorised person; and\ninclude an expiry date.\nNothing in this section prevents the issue of a single identity card to a person for this Act and other Acts.\n(sec.130-ssec.1) The chief executive must issue an identity card to each authorised person.\n(sec.130-ssec.2) The identity card must— contain a recent photograph of the authorised person; and be signed by the authorised person; and identify the person as an authorised person; and include an expiry date.\n(sec.130-ssec.3) Nothing in this section prevents the issue of a single identity card to a person for this Act and other Acts.\n- (a) contain a recent photograph of the authorised person; and\n- (b) be signed by the authorised person; and\n- (c) identify the person as an authorised person; and\n- (d) include an expiry date.","sortOrder":182},{"sectionNumber":"sec.131","sectionType":"section","heading":"Production or display of identity card","content":"### sec.131 Production or display of identity card\n\nAn authorised person may exercise a power in relation to someone else (the other person ) only if the authorised person—\nfirst produces his or her identity card for the other person’s inspection; or\nhas his or her identity card displayed so it is clearly visible to the other person.\nHowever, if, for any reason, it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for the other person’s inspection at the first reasonable opportunity.\n(sec.131-ssec.1) An authorised person may exercise a power in relation to someone else (the other person ) only if the authorised person— first produces his or her identity card for the other person’s inspection; or has his or her identity card displayed so it is clearly visible to the other person.\n(sec.131-ssec.2) However, if, for any reason, it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for the other person’s inspection at the first reasonable opportunity.\n- (a) first produces his or her identity card for the other person’s inspection; or\n- (b) has his or her identity card displayed so it is clearly visible to the other person.","sortOrder":183},{"sectionNumber":"sec.132","sectionType":"section","heading":"Failure to return identity card","content":"### sec.132 Failure to return identity card\n\nA person who ceases to be an authorised person must return the person’s identity card to the chief executive as soon as possible (but within 21 days) after ceasing to be an authorised person, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.","sortOrder":184},{"sectionNumber":"sec.133","sectionType":"section","heading":"Protection from liability","content":"### sec.133 Protection from liability\n\nAn official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\nThis section does not apply to an official if the official is a prescribed person under the Public Sector Act 2022 , section 267 .\nIn this section—\nofficial means—\nan authorised person; or\na person acting under the direction of an authorised person.\ns 133 amd 2014 No. 59 s 8 ; 2022 No. 34 s 365 sch 3\n(sec.133-ssec.1) An official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\n(sec.133-ssec.2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\n(sec.133-ssec.3) This section does not apply to an official if the official is a prescribed person under the Public Sector Act 2022 , section 267 .\n(sec.133-ssec.4) In this section— official means— an authorised person; or a person acting under the direction of an authorised person.\n- (a) an authorised person; or\n- (b) a person acting under the direction of an authorised person.","sortOrder":185},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Inspection and other powers","content":"# Inspection and other powers","sortOrder":186},{"sectionNumber":"ch.3-pt.2-div.1","sectionType":"division","heading":"Power of entry","content":"## Power of entry","sortOrder":187},{"sectionNumber":"sec.134","sectionType":"section","heading":"Power to enter land","content":"### sec.134 Power to enter land\n\nAn authorised person may enter land at any reasonable time to—\ninspect or survey the land or works on the land; or\ndig and bore into the land to find out the nature of the soil; or\ndo everything necessary for paragraphs (a) and (b) , including, for example—\nmeasuring, photographing or filming anything on the land; or\ntaking samples of or from anything on the land.\nThe power to enter land includes power to—\nre-enter the land; and\nremain on the land for the time that is reasonable and necessary for the purpose of the entry; and\ntake assistants, vehicles, materials, equipment or things that are reasonable and necessary for the purpose of the entry.\nBefore entering land, the authorised person must—\nobtain the agreement of the occupier or, if there is no occupier, the owner of the land; or\ngive at least 7 days notice to the person mentioned in paragraph (a) of—\nthe authorised person’s intention to enter the land; and\nthe reason for entering the land; and\nthe day and time when the authorised person proposes to enter the land.\nHowever, subsection (3) does not apply if, because of urgent circumstances, entry is required to take action to protect the coastal zone.\nIn exercising a power under this section, the authorised person must take all reasonable steps to ensure the person causes as little inconvenience, and does as little damage, as is practicable.\nThis section does not authorise the entry of a structure, or part of a structure, used for residential purposes.\nIn this section—\noccupier , of land, includes a person who reasonably appears to be the occupier, or in charge, of the land.\n(sec.134-ssec.1) An authorised person may enter land at any reasonable time to— inspect or survey the land or works on the land; or dig and bore into the land to find out the nature of the soil; or do everything necessary for paragraphs (a) and (b) , including, for example— measuring, photographing or filming anything on the land; or taking samples of or from anything on the land.\n(sec.134-ssec.2) The power to enter land includes power to— re-enter the land; and remain on the land for the time that is reasonable and necessary for the purpose of the entry; and take assistants, vehicles, materials, equipment or things that are reasonable and necessary for the purpose of the entry.\n(sec.134-ssec.3) Before entering land, the authorised person must— obtain the agreement of the occupier or, if there is no occupier, the owner of the land; or give at least 7 days notice to the person mentioned in paragraph (a) of— the authorised person’s intention to enter the land; and the reason for entering the land; and the day and time when the authorised person proposes to enter the land.\n(sec.134-ssec.4) However, subsection (3) does not apply if, because of urgent circumstances, entry is required to take action to protect the coastal zone.\n(sec.134-ssec.5) In exercising a power under this section, the authorised person must take all reasonable steps to ensure the person causes as little inconvenience, and does as little damage, as is practicable.\n(sec.134-ssec.6) This section does not authorise the entry of a structure, or part of a structure, used for residential purposes.\n(sec.134-ssec.7) In this section— occupier , of land, includes a person who reasonably appears to be the occupier, or in charge, of the land.\n- (a) inspect or survey the land or works on the land; or\n- (b) dig and bore into the land to find out the nature of the soil; or\n- (c) do everything necessary for paragraphs (a) and (b) , including, for example— (i) measuring, photographing or filming anything on the land; or (ii) taking samples of or from anything on the land.\n- (i) measuring, photographing or filming anything on the land; or\n- (ii) taking samples of or from anything on the land.\n- (i) measuring, photographing or filming anything on the land; or\n- (ii) taking samples of or from anything on the land.\n- (a) re-enter the land; and\n- (b) remain on the land for the time that is reasonable and necessary for the purpose of the entry; and\n- (c) take assistants, vehicles, materials, equipment or things that are reasonable and necessary for the purpose of the entry.\n- (a) obtain the agreement of the occupier or, if there is no occupier, the owner of the land; or\n- (b) give at least 7 days notice to the person mentioned in paragraph (a) of— (i) the authorised person’s intention to enter the land; and (ii) the reason for entering the land; and (iii) the day and time when the authorised person proposes to enter the land.\n- (i) the authorised person’s intention to enter the land; and\n- (ii) the reason for entering the land; and\n- (iii) the day and time when the authorised person proposes to enter the land.\n- (i) the authorised person’s intention to enter the land; and\n- (ii) the reason for entering the land; and\n- (iii) the day and time when the authorised person proposes to enter the land.","sortOrder":188},{"sectionNumber":"sec.135","sectionType":"section","heading":"Authorised person to give notice of damage","content":"### sec.135 Authorised person to give notice of damage\n\nThis section applies if an authorised person, or a person assisting an authorised person, damages anything in the exercise of a power under this division.\nThe authorised person must promptly give written notice of the particulars of the damage to the person who appears to be the owner of the thing.\nHowever, if for any reason it is not practicable to comply with subsection (2) , the authorised person must leave the notice, in a reasonably secure way and in a conspicuous position, at the place where the damage happened.\nIf the authorised person believes the damage was caused by a latent defect in the thing or other circumstances beyond the authorised person’s control, the authorised person may state this in the notice.\nThis section does not apply to damage the authorised person reasonably believes is trivial.\nIn this section—\nowner , of a thing, includes the person in possession or control of the thing.\n(sec.135-ssec.1) This section applies if an authorised person, or a person assisting an authorised person, damages anything in the exercise of a power under this division.\n(sec.135-ssec.2) The authorised person must promptly give written notice of the particulars of the damage to the person who appears to be the owner of the thing.\n(sec.135-ssec.3) However, if for any reason it is not practicable to comply with subsection (2) , the authorised person must leave the notice, in a reasonably secure way and in a conspicuous position, at the place where the damage happened.\n(sec.135-ssec.4) If the authorised person believes the damage was caused by a latent defect in the thing or other circumstances beyond the authorised person’s control, the authorised person may state this in the notice.\n(sec.135-ssec.5) This section does not apply to damage the authorised person reasonably believes is trivial.\n(sec.135-ssec.6) In this section— owner , of a thing, includes the person in possession or control of the thing.","sortOrder":189},{"sectionNumber":"sec.136","sectionType":"section","heading":"Compensation","content":"### sec.136 Compensation\n\nA person may claim compensation if the person incurs loss or expense because of the exercise or purported exercise of a power under this division.\nCompensation may be claimed and ordered in a proceeding for—\ncompensation brought in a court of competent jurisdiction; or\nan offence against this Act brought against the person making the claim for compensation.\nThe court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\nA regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.\n(sec.136-ssec.1) A person may claim compensation if the person incurs loss or expense because of the exercise or purported exercise of a power under this division.\n(sec.136-ssec.2) Compensation may be claimed and ordered in a proceeding for— compensation brought in a court of competent jurisdiction; or an offence against this Act brought against the person making the claim for compensation.\n(sec.136-ssec.3) The court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.136-ssec.4) A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.\n- (a) compensation brought in a court of competent jurisdiction; or\n- (b) an offence against this Act brought against the person making the claim for compensation.","sortOrder":190},{"sectionNumber":"ch.3-pt.2-div.2","sectionType":"division","heading":"General investigative powers","content":"## General investigative powers","sortOrder":191},{"sectionNumber":"sec.137","sectionType":"section","heading":"Power to require name and address","content":"### sec.137 Power to require name and address\n\nThis section applies if an authorised person—\nfinds a person committing an offence against this Act; or\nfinds a person in circumstances that lead the authorised person to reasonably suspect the person has just committed an offence against this Act; or\nhas information that leads the authorised person to reasonably suspect a person has just committed an offence against this Act.\nThe authorised person may require the person to state the person’s name and residential address.\nWhen making the requirement, the authorised person must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.\nThe authorised person may require the person to give evidence of the correctness of the stated name or address if the authorised person reasonably suspects the stated name or address is false.\nA requirement under subsection (2) or (4) is called a formal details requirement .\n(sec.137-ssec.1) This section applies if an authorised person— finds a person committing an offence against this Act; or finds a person in circumstances that lead the authorised person to reasonably suspect the person has just committed an offence against this Act; or has information that leads the authorised person to reasonably suspect a person has just committed an offence against this Act.\n(sec.137-ssec.2) The authorised person may require the person to state the person’s name and residential address.\n(sec.137-ssec.3) When making the requirement, the authorised person must warn the person it is an offence to fail to state the person’s name or residential address, unless the person has a reasonable excuse.\n(sec.137-ssec.4) The authorised person may require the person to give evidence of the correctness of the stated name or address if the authorised person reasonably suspects the stated name or address is false.\n(sec.137-ssec.5) A requirement under subsection (2) or (4) is called a formal details requirement .\n- (a) finds a person committing an offence against this Act; or\n- (b) finds a person in circumstances that lead the authorised person to reasonably suspect the person has just committed an offence against this Act; or\n- (c) has information that leads the authorised person to reasonably suspect a person has just committed an offence against this Act.","sortOrder":192},{"sectionNumber":"sec.138","sectionType":"section","heading":"Failure to give name or address","content":"### sec.138 Failure to give name or address\n\nA person of whom a formal details requirement is made must comply with the requirement, unless the person has a reasonable excuse for not complying.\nMaximum penalty—50 penalty units.\nA person does not commit an offence against subsection (1) if—\nthe person was required to state the person’s name and address by an authorised person who suspected the person had committed an offence against this Act; and\nthe person is not proved to have committed the offence.\n(sec.138-ssec.1) A person of whom a formal details requirement is made must comply with the requirement, unless the person has a reasonable excuse for not complying. Maximum penalty—50 penalty units.\n(sec.138-ssec.2) A person does not commit an offence against subsection (1) if— the person was required to state the person’s name and address by an authorised person who suspected the person had committed an offence against this Act; and the person is not proved to have committed the offence.\n- (a) the person was required to state the person’s name and address by an authorised person who suspected the person had committed an offence against this Act; and\n- (b) the person is not proved to have committed the offence.","sortOrder":193},{"sectionNumber":"ch.3-pt.2-div.3","sectionType":"division","heading":"General","content":"## General","sortOrder":194},{"sectionNumber":"sec.139","sectionType":"section","heading":"False or misleading statements","content":"### sec.139 False or misleading statements\n\nA person must not—\nstate anything to an authorised person the person knows is false or misleading in a material particular; or\nomit from a statement made to an authorised person anything without which the statement is, to the person’s knowledge, misleading in a material particular.\nMaximum penalty—50 penalty units.\nIt is enough for a complaint against a person for an offence against subsection (1) to state that the statement made was false or misleading to the person’s knowledge.\n(sec.139-ssec.1) A person must not— state anything to an authorised person the person knows is false or misleading in a material particular; or omit from a statement made to an authorised person anything without which the statement is, to the person’s knowledge, misleading in a material particular. Maximum penalty—50 penalty units.\n(sec.139-ssec.2) It is enough for a complaint against a person for an offence against subsection (1) to state that the statement made was false or misleading to the person’s knowledge.\n- (a) state anything to an authorised person the person knows is false or misleading in a material particular; or\n- (b) omit from a statement made to an authorised person anything without which the statement is, to the person’s knowledge, misleading in a material particular.","sortOrder":195},{"sectionNumber":"sec.140","sectionType":"section","heading":"False, misleading or incomplete documents","content":"### sec.140 False, misleading or incomplete documents\n\nA person must not give an authorised person a document containing information the person knows is false, misleading or incomplete in a material particular.\nMaximum penalty—50 penalty units.\nSubsection (1) does not apply to a person if the person, when giving the document—\ntells the authorised person, to the best of the person’s ability, how it is false, misleading or incomplete; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\nIt is enough for a complaint against a person for an offence against subsection (1) to state that the document was false, misleading or incomplete to the person’s knowledge.\n(sec.140-ssec.1) A person must not give an authorised person a document containing information the person knows is false, misleading or incomplete in a material particular. Maximum penalty—50 penalty units.\n(sec.140-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the authorised person, to the best of the person’s ability, how it is false, misleading or incomplete; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.140-ssec.3) It is enough for a complaint against a person for an offence against subsection (1) to state that the document was false, misleading or incomplete to the person’s knowledge.\n- (a) tells the authorised person, to the best of the person’s ability, how it is false, misleading or incomplete; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":196},{"sectionNumber":"sec.141","sectionType":"section","heading":"Obstructing authorised persons","content":"### sec.141 Obstructing authorised persons\n\nA person must not obstruct an authorised person in the exercise of a power, unless the person has a reasonable excuse for the obstruction.\nMaximum penalty—100 penalty units.","sortOrder":197},{"sectionNumber":"sec.142","sectionType":"section","heading":"Impersonating authorised persons","content":"### sec.142 Impersonating authorised persons\n\nA person must not pretend to be an authorised person.\nMaximum penalty—50 penalty units.","sortOrder":198},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Evidence","content":"# Evidence","sortOrder":199},{"sectionNumber":"sec.143","sectionType":"section","heading":"Evidentiary provisions","content":"### sec.143 Evidentiary provisions\n\nThis section applies to a proceeding under or in relation to this Act.\nIt is not necessary to prove the appointment of an authorised person or the authority of an authorised person to do anything under this Act.\nA signature purporting to be that of the chief executive or an authorised person is evidence of the signature it purports to be.\nA certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter—\na specified document is a copy of a notice given under this Act;\non a day mentioned in the certificate, a specified person was given a notice under this Act.\nA statement in a complaint starting the proceeding of any of the following matters is evidence of the matter—\nthat the matter of the complaint came to the knowledge of the complainant on a specified day;\nthat the place where the offence was committed was in a specified coastal management district.\ns 143 amd 2001 No. 93 s 24 sch\n(sec.143-ssec.1) This section applies to a proceeding under or in relation to this Act.\n(sec.143-ssec.2) It is not necessary to prove the appointment of an authorised person or the authority of an authorised person to do anything under this Act.\n(sec.143-ssec.3) A signature purporting to be that of the chief executive or an authorised person is evidence of the signature it purports to be.\n(sec.143-ssec.4) A certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter— a specified document is a copy of a notice given under this Act; on a day mentioned in the certificate, a specified person was given a notice under this Act.\n(sec.143-ssec.5) A statement in a complaint starting the proceeding of any of the following matters is evidence of the matter— that the matter of the complaint came to the knowledge of the complainant on a specified day; that the place where the offence was committed was in a specified coastal management district.\n- (a) a specified document is a copy of a notice given under this Act;\n- (b) on a day mentioned in the certificate, a specified person was given a notice under this Act.\n- (a) that the matter of the complaint came to the knowledge of the complainant on a specified day;\n- (b) that the place where the offence was committed was in a specified coastal management district.","sortOrder":200},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Proceedings for offences","content":"# Proceedings for offences","sortOrder":201},{"sectionNumber":"sec.144","sectionType":"section","heading":"Indictable and summary offences","content":"### sec.144 Indictable and summary offences\n\nAn offence against section 59 (6) , 60 (8) , 148 (12) or 149 (6) is an indictable offence, and is a misdemeanour.\nAny other offence against this Act is a summary offence.\ns 144 amd 2001 No. 93 s 24 sch ; 2003 No. 96 s 28 sch ; 2011 No. 6 s 51\n(sec.144-ssec.1) An offence against section 59 (6) , 60 (8) , 148 (12) or 149 (6) is an indictable offence, and is a misdemeanour.\n(sec.144-ssec.2) Any other offence against this Act is a summary offence.","sortOrder":202},{"sectionNumber":"sec.145","sectionType":"section","heading":"Proceedings for indictable offences","content":"### sec.145 Proceedings for indictable offences\n\nA proceeding for an indictable offence against this Act may be taken, at the election of the prosecution—\nby way of summary proceedings under the Justices Act 1886 ; or\non indictment.\nA magistrate must not hear an indictable offence summarily if—\nthe defendant asks at the start of the hearing that the charge be prosecuted on indictment; or\nthe magistrate considers that the charge should be prosecuted on indictment.\nIf subsection (2) applies—\nthe magistrate must proceed by way of an examination of witnesses for an indictable offence; and\na plea of the person charged at the start of the proceeding must be disregarded; and\nevidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\nbefore committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .\nThe maximum penalty that may be summarily imposed for an indictable offence is 1,665 penalty units.\ns 145 amd 2005 No. 53 s 10\n(sec.145-ssec.1) A proceeding for an indictable offence against this Act may be taken, at the election of the prosecution— by way of summary proceedings under the Justices Act 1886 ; or on indictment.\n(sec.145-ssec.2) A magistrate must not hear an indictable offence summarily if— the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or the magistrate considers that the charge should be prosecuted on indictment.\n(sec.145-ssec.3) If subsection (2) applies— the magistrate must proceed by way of an examination of witnesses for an indictable offence; and a plea of the person charged at the start of the proceeding must be disregarded; and evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .\n(sec.145-ssec.4) The maximum penalty that may be summarily imposed for an indictable offence is 1,665 penalty units.\n- (a) by way of summary proceedings under the Justices Act 1886 ; or\n- (b) on indictment.\n- (a) the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or\n- (b) the magistrate considers that the charge should be prosecuted on indictment.\n- (a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and\n- (b) a plea of the person charged at the start of the proceeding must be disregarded; and\n- (c) evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\n- (d) before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .","sortOrder":203},{"sectionNumber":"sec.146","sectionType":"section","heading":"Limitation on who may summarily hear indictable offence proceedings","content":"### sec.146 Limitation on who may summarily hear indictable offence proceedings\n\nA proceeding must be before a magistrate if it is a proceeding—\nfor the summary conviction of a person on a charge for an indictable offence; or\nfor an examination of witnesses for a charge for an indictable offence.\nHowever, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\n(sec.146-ssec.1) A proceeding must be before a magistrate if it is a proceeding— for the summary conviction of a person on a charge for an indictable offence; or for an examination of witnesses for a charge for an indictable offence.\n(sec.146-ssec.2) However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .\n- (a) for the summary conviction of a person on a charge for an indictable offence; or\n- (b) for an examination of witnesses for a charge for an indictable offence.","sortOrder":204},{"sectionNumber":"sec.147","sectionType":"section","heading":"Limitation on time for starting summary proceedings","content":"### sec.147 Limitation on time for starting summary proceedings\n\nA proceeding for an offence against this Act by way of summary proceeding under the Justices Act 1886 must start—\nwithin 1 year after the commission of the offence; or\nwithin 1 year after the offence comes to the complainant’s knowledge, but within 5 years after the commission of the offence.\n- (a) within 1 year after the commission of the offence; or\n- (b) within 1 year after the offence comes to the complainant’s knowledge, but within 5 years after the commission of the offence.","sortOrder":205},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Restraint orders","content":"# Restraint orders","sortOrder":206},{"sectionNumber":"sec.148","sectionType":"section","heading":"Restraint of contraventions of Act etc.","content":"### sec.148 Restraint of contraventions of Act etc.\n\nA proceeding may be brought in the Planning and Environment Court for an order to remedy or restrain an offence against this Act, or a threatened offence against this Act, by—\nthe Minister; or\nthe chief executive; or\nsomeone whose interests are affected by the subject matter of the proceeding; or\nsomeone else with the leave of the court (even though the person does not have a proprietary, material, financial or special interest in the subject matter of the proceeding).\nIn deciding whether or not to grant leave to a person under subsection (1) (d) , the court—\nmust be satisfied—\nharm has been or is likely to be caused to the coastal zone; and\nthe proceeding would not be an abuse of the process of the court; and\nthere is a real or significant likelihood that the requirements for the making of an order under this section would be satisfied; and\nit is in the public interest that the proceeding should be brought; and\nthe person has given written notice to the Minister asking the Minister to bring a proceeding under this section and the Minister has failed to act within a time that is a reasonable time in the circumstances; and\nthe person is able to adequately represent the public interest in the conduct of the proceeding; and\nmay have regard to other matters the court considers relevant to the person’s standing to bring and maintain the proceeding.\nHowever, the court must not refuse to grant leave merely because the person’s interest in the subject matter of the proceeding is no different from someone else’s interest in the subject matter.\nThe court may grant leave subject to conditions, including, for example—\na condition requiring the person to give security for the payment of costs of the proceeding that may be awarded against the person; or\na condition requiring the person to give an undertaking about damages.\nIf the court is satisfied—\nan offence against this Act has been committed (whether or not it has been prosecuted); or\nan offence against this Act will be committed unless restrained;\nthe court may make the orders it considers appropriate to remedy or restrain the offence.\nAn order—\nmay direct the defendant—\nto stop an activity that is or will be a contravention of this Act; or\nto do anything required to comply with, or to cease a contravention of, this Act; and\nmay be in the terms the court considers appropriate to secure compliance with this Act; and\nmust specify the time by which the order is to be complied with.\nThe court’s power to make an order to stop an activity may be exercised whether or not—\nit appears to the court the person against whom the order is made intends to engage, or to continue to engage, in the activity; or\nthe person has previously engaged in an activity of that kind; or\nthere is danger of substantial damage to the coastal zone if the person engages, or continues to engage, in the activity.\nThe court’s power to make an order to do anything may be exercised whether or not—\nit appears to the court the person against whom the order is made intends to fail, or to continue to fail, to do the thing; or\nthe person has previously failed to do a thing of that kind; or\nthere is danger of substantial damage to the coastal zone if the person fails, or continues to fail, to do the thing.\nWithout limiting the powers of the court, the court may make an order—\nrestraining the use of plant or equipment or a place; or\nrequiring the demolition or removal of plant or equipment, a structure or another thing; or\nrequiring the rehabilitation or restoration of the coastal zone.\nThe court must order a plaintiff to pay costs if the court is satisfied the proceeding was brought for obstruction or delay.\nThe court’s power under this section is in addition to its other powers.\nA person who contravenes an order commits an offence against this Act.\nMaximum penalty for subsection (12) —3,000 penalty units.\n(sec.148-ssec.1) A proceeding may be brought in the Planning and Environment Court for an order to remedy or restrain an offence against this Act, or a threatened offence against this Act, by— the Minister; or the chief executive; or someone whose interests are affected by the subject matter of the proceeding; or someone else with the leave of the court (even though the person does not have a proprietary, material, financial or special interest in the subject matter of the proceeding).\n(sec.148-ssec.2) In deciding whether or not to grant leave to a person under subsection (1) (d) , the court— must be satisfied— harm has been or is likely to be caused to the coastal zone; and the proceeding would not be an abuse of the process of the court; and there is a real or significant likelihood that the requirements for the making of an order under this section would be satisfied; and it is in the public interest that the proceeding should be brought; and the person has given written notice to the Minister asking the Minister to bring a proceeding under this section and the Minister has failed to act within a time that is a reasonable time in the circumstances; and the person is able to adequately represent the public interest in the conduct of the proceeding; and may have regard to other matters the court considers relevant to the person’s standing to bring and maintain the proceeding.\n(sec.148-ssec.3) However, the court must not refuse to grant leave merely because the person’s interest in the subject matter of the proceeding is no different from someone else’s interest in the subject matter.\n(sec.148-ssec.4) The court may grant leave subject to conditions, including, for example— a condition requiring the person to give security for the payment of costs of the proceeding that may be awarded against the person; or a condition requiring the person to give an undertaking about damages.\n(sec.148-ssec.5) If the court is satisfied— an offence against this Act has been committed (whether or not it has been prosecuted); or an offence against this Act will be committed unless restrained; the court may make the orders it considers appropriate to remedy or restrain the offence.\n(sec.148-ssec.6) An order— may direct the defendant— to stop an activity that is or will be a contravention of this Act; or to do anything required to comply with, or to cease a contravention of, this Act; and may be in the terms the court considers appropriate to secure compliance with this Act; and must specify the time by which the order is to be complied with.\n(sec.148-ssec.7) The court’s power to make an order to stop an activity may be exercised whether or not— it appears to the court the person against whom the order is made intends to engage, or to continue to engage, in the activity; or the person has previously engaged in an activity of that kind; or there is danger of substantial damage to the coastal zone if the person engages, or continues to engage, in the activity.\n(sec.148-ssec.8) The court’s power to make an order to do anything may be exercised whether or not— it appears to the court the person against whom the order is made intends to fail, or to continue to fail, to do the thing; or the person has previously failed to do a thing of that kind; or there is danger of substantial damage to the coastal zone if the person fails, or continues to fail, to do the thing.\n(sec.148-ssec.9) Without limiting the powers of the court, the court may make an order— restraining the use of plant or equipment or a place; or requiring the demolition or removal of plant or equipment, a structure or another thing; or requiring the rehabilitation or restoration of the coastal zone.\n(sec.148-ssec.10) The court must order a plaintiff to pay costs if the court is satisfied the proceeding was brought for obstruction or delay.\n(sec.148-ssec.11) The court’s power under this section is in addition to its other powers.\n(sec.148-ssec.12) A person who contravenes an order commits an offence against this Act. Maximum penalty for subsection (12) —3,000 penalty units.\n- (a) the Minister; or\n- (b) the chief executive; or\n- (c) someone whose interests are affected by the subject matter of the proceeding; or\n- (d) someone else with the leave of the court (even though the person does not have a proprietary, material, financial or special interest in the subject matter of the proceeding).\n- (a) must be satisfied— (i) harm has been or is likely to be caused to the coastal zone; and (ii) the proceeding would not be an abuse of the process of the court; and (iii) there is a real or significant likelihood that the requirements for the making of an order under this section would be satisfied; and (iv) it is in the public interest that the proceeding should be brought; and (v) the person has given written notice to the Minister asking the Minister to bring a proceeding under this section and the Minister has failed to act within a time that is a reasonable time in the circumstances; and (vi) the person is able to adequately represent the public interest in the conduct of the proceeding; and\n- (i) harm has been or is likely to be caused to the coastal zone; and\n- (ii) the proceeding would not be an abuse of the process of the court; and\n- (iii) there is a real or significant likelihood that the requirements for the making of an order under this section would be satisfied; and\n- (iv) it is in the public interest that the proceeding should be brought; and\n- (v) the person has given written notice to the Minister asking the Minister to bring a proceeding under this section and the Minister has failed to act within a time that is a reasonable time in the circumstances; and\n- (vi) the person is able to adequately represent the public interest in the conduct of the proceeding; and\n- (b) may have regard to other matters the court considers relevant to the person’s standing to bring and maintain the proceeding.\n- (i) harm has been or is likely to be caused to the coastal zone; and\n- (ii) the proceeding would not be an abuse of the process of the court; and\n- (iii) there is a real or significant likelihood that the requirements for the making of an order under this section would be satisfied; and\n- (iv) it is in the public interest that the proceeding should be brought; and\n- (v) the person has given written notice to the Minister asking the Minister to bring a proceeding under this section and the Minister has failed to act within a time that is a reasonable time in the circumstances; and\n- (vi) the person is able to adequately represent the public interest in the conduct of the proceeding; and\n- (a) a condition requiring the person to give security for the payment of costs of the proceeding that may be awarded against the person; or\n- (b) a condition requiring the person to give an undertaking about damages.\n- (a) an offence against this Act has been committed (whether or not it has been prosecuted); or\n- (b) an offence against this Act will be committed unless restrained;\n- (a) may direct the defendant— (i) to stop an activity that is or will be a contravention of this Act; or (ii) to do anything required to comply with, or to cease a contravention of, this Act; and\n- (i) to stop an activity that is or will be a contravention of this Act; or\n- (ii) to do anything required to comply with, or to cease a contravention of, this Act; and\n- (b) may be in the terms the court considers appropriate to secure compliance with this Act; and\n- (c) must specify the time by which the order is to be complied with.\n- (i) to stop an activity that is or will be a contravention of this Act; or\n- (ii) to do anything required to comply with, or to cease a contravention of, this Act; and\n- (a) it appears to the court the person against whom the order is made intends to engage, or to continue to engage, in the activity; or\n- (b) the person has previously engaged in an activity of that kind; or\n- (c) there is danger of substantial damage to the coastal zone if the person engages, or continues to engage, in the activity.\n- (a) it appears to the court the person against whom the order is made intends to fail, or to continue to fail, to do the thing; or\n- (b) the person has previously failed to do a thing of that kind; or\n- (c) there is danger of substantial damage to the coastal zone if the person fails, or continues to fail, to do the thing.\n- (a) restraining the use of plant or equipment or a place; or\n- (b) requiring the demolition or removal of plant or equipment, a structure or another thing; or\n- (c) requiring the rehabilitation or restoration of the coastal zone.","sortOrder":207},{"sectionNumber":"sec.149","sectionType":"section","heading":"Power of court to make order pending final decision in proceeding","content":"### sec.149 Power of court to make order pending final decision in proceeding\n\nThis section applies if a proceeding has been brought by a person in the Planning and Environment Court under section 148 and the court has not finally determined the proceeding.\nOn the person’s application, the court may make an order of a kind mentioned in section 148 pending determination of the proceeding if it is satisfied it would be proper to make the order.\nThe court’s power to make an order to stop an activity may be exercised whether or not—\nit appears to the court the person against whom the order is made intends to engage, or to continue to engage, in the activity; or\nthe person has previously engaged in an activity of that kind; or\nthere is an imminent danger of substantial damage to the coastal zone if the person engages, or continues to engage, in the activity.\nThe court’s power to make an order to do anything may be exercised whether or not—\nit appears to the court the person against whom the order is made intends to fail, or to continue to fail, to do the thing; or\nthe person has previously failed to do a thing of that kind; or\nthere is an imminent danger of substantial damage to the coastal zone if the person fails, or continues to fail, to do the thing.\nThe court’s power under this section is in addition to its other powers.\nA person who contravenes an order commits an offence against this Act.\nMaximum penalty for subsection (6) —3,000 penalty units.\ns 149 amd 2001 No. 93 s 24 sch\n(sec.149-ssec.1) This section applies if a proceeding has been brought by a person in the Planning and Environment Court under section 148 and the court has not finally determined the proceeding.\n(sec.149-ssec.2) On the person’s application, the court may make an order of a kind mentioned in section 148 pending determination of the proceeding if it is satisfied it would be proper to make the order.\n(sec.149-ssec.3) The court’s power to make an order to stop an activity may be exercised whether or not— it appears to the court the person against whom the order is made intends to engage, or to continue to engage, in the activity; or the person has previously engaged in an activity of that kind; or there is an imminent danger of substantial damage to the coastal zone if the person engages, or continues to engage, in the activity.\n(sec.149-ssec.4) The court’s power to make an order to do anything may be exercised whether or not— it appears to the court the person against whom the order is made intends to fail, or to continue to fail, to do the thing; or the person has previously failed to do a thing of that kind; or there is an imminent danger of substantial damage to the coastal zone if the person fails, or continues to fail, to do the thing.\n(sec.149-ssec.5) The court’s power under this section is in addition to its other powers.\n(sec.149-ssec.6) A person who contravenes an order commits an offence against this Act. Maximum penalty for subsection (6) —3,000 penalty units.\n- (a) it appears to the court the person against whom the order is made intends to engage, or to continue to engage, in the activity; or\n- (b) the person has previously engaged in an activity of that kind; or\n- (c) there is an imminent danger of substantial damage to the coastal zone if the person engages, or continues to engage, in the activity.\n- (a) it appears to the court the person against whom the order is made intends to fail, or to continue to fail, to do the thing; or\n- (b) the person has previously failed to do a thing of that kind; or\n- (c) there is an imminent danger of substantial damage to the coastal zone if the person fails, or continues to fail, to do the thing.","sortOrder":208},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Compensation","content":"# Compensation","sortOrder":209},{"sectionNumber":"sec.150","sectionType":"section","heading":"When compensation is payable","content":"### sec.150 When compensation is payable\n\nThe owner of an interest in land (the owner ) is entitled to be paid compensation only if the existing use that may be made of the land is changed by a prohibition imposed by the coastal plan or the declaration of a coastal management district.\nHowever, for land other than rural land, the owner is entitled to compensation only if—\nthe owner was the owner at the time of the change; and\nthe owner makes an application for the land; and\nthe application is made within 2 years of the change; and\nthe application clearly indicates that a compensation claim may be made if the application is refused; and\nthe application is refused only because this Act applies to the application.\nHowever, for rural land, the owner is entitled to compensation only if—\nthe owner was the owner at the time of the change; and\nthe land was regularly used as rural land during the 2 previous years; and\nthe owner makes a written application to the chief executive for compensation.\nIn this section—\napplication for the land means—\nan application to build a structure, the proposed use of which was as of right under the planning scheme as it applied immediately before the change; or\nan application for the subdivision of land that is consistent with the provisions of the planning scheme that regulated the subdivision of land immediately before the change.\nexisting use includes a lawful as of right use that may have been made of the land immediately before the change.\nprimary producer means a person whose major source of income is from primary production.\nrural land means land used only by a primary producer for grazing stock or cultivating crops.\ns 150 amd 2001 No. 93 s 24 sch ; 2011 No. 6 s 52\n(sec.150-ssec.1) The owner of an interest in land (the owner ) is entitled to be paid compensation only if the existing use that may be made of the land is changed by a prohibition imposed by the coastal plan or the declaration of a coastal management district.\n(sec.150-ssec.2) However, for land other than rural land, the owner is entitled to compensation only if— the owner was the owner at the time of the change; and the owner makes an application for the land; and the application is made within 2 years of the change; and the application clearly indicates that a compensation claim may be made if the application is refused; and the application is refused only because this Act applies to the application.\n(sec.150-ssec.3) However, for rural land, the owner is entitled to compensation only if— the owner was the owner at the time of the change; and the land was regularly used as rural land during the 2 previous years; and the owner makes a written application to the chief executive for compensation.\n(sec.150-ssec.4) In this section— application for the land means— an application to build a structure, the proposed use of which was as of right under the planning scheme as it applied immediately before the change; or an application for the subdivision of land that is consistent with the provisions of the planning scheme that regulated the subdivision of land immediately before the change. existing use includes a lawful as of right use that may have been made of the land immediately before the change. primary producer means a person whose major source of income is from primary production. rural land means land used only by a primary producer for grazing stock or cultivating crops.\n- (a) the owner was the owner at the time of the change; and\n- (b) the owner makes an application for the land; and\n- (c) the application is made within 2 years of the change; and\n- (d) the application clearly indicates that a compensation claim may be made if the application is refused; and\n- (e) the application is refused only because this Act applies to the application.\n- (a) the owner was the owner at the time of the change; and\n- (b) the land was regularly used as rural land during the 2 previous years; and\n- (c) the owner makes a written application to the chief executive for compensation.\n- (a) an application to build a structure, the proposed use of which was as of right under the planning scheme as it applied immediately before the change; or\n- (b) an application for the subdivision of land that is consistent with the provisions of the planning scheme that regulated the subdivision of land immediately before the change.","sortOrder":210},{"sectionNumber":"sec.151","sectionType":"section","heading":"Matters for which compensation is not payable","content":"### sec.151 Matters for which compensation is not payable\n\nTo remove any doubt, the owner is not entitled to be paid compensation—\nfor development, or an activity, unlawfully carried out; or\nif the change merely requires the development, or an activity, to be carried out on a different part of the land to that preferred by the owner.\nIf compensation is payable under another Act, the claim for compensation must be made under the other Act.\n(sec.151-ssec.1) To remove any doubt, the owner is not entitled to be paid compensation— for development, or an activity, unlawfully carried out; or if the change merely requires the development, or an activity, to be carried out on a different part of the land to that preferred by the owner.\n(sec.151-ssec.2) If compensation is payable under another Act, the claim for compensation must be made under the other Act.\n- (a) for development, or an activity, unlawfully carried out; or\n- (b) if the change merely requires the development, or an activity, to be carried out on a different part of the land to that preferred by the owner.","sortOrder":211},{"sectionNumber":"sec.152","sectionType":"section","heading":"How to claim compensation","content":"### sec.152 How to claim compensation\n\nA claim for compensation must be lodged with the chief executive within 6 months after—\nif section 150 (2) applies—the refusal of the application; or\nif section 150 (3) applies—the change of use.\nThe chief executive or the Planning and Environment Court may, in special circumstances, allow a longer period under subsection (1) .\nA claim for compensation is to be taken to have been made on the day when it is received by the chief executive.\ns 152 amd 2001 No. 93 s 24 sch\n(sec.152-ssec.1) A claim for compensation must be lodged with the chief executive within 6 months after— if section 150 (2) applies—the refusal of the application; or if section 150 (3) applies—the change of use.\n(sec.152-ssec.2) The chief executive or the Planning and Environment Court may, in special circumstances, allow a longer period under subsection (1) .\n(sec.152-ssec.3) A claim for compensation is to be taken to have been made on the day when it is received by the chief executive.\n- (a) if section 150 (2) applies—the refusal of the application; or\n- (b) if section 150 (3) applies—the change of use.","sortOrder":212},{"sectionNumber":"sec.153","sectionType":"section","heading":"Deciding compensation payable","content":"### sec.153 Deciding compensation payable\n\nThe chief executive must decide the reasonable compensation payable under the claim within 60 days after the day the claim is received.\nIn deciding the claim, the chief executive may decide—\nthe reasonable compensation payable; or\nto reject the claim; or\nto acquire the interest.\nThe chief executive must, within 10 days after deciding the claim, notify the claimant of the decision and advise the claimant that the claimant may appeal to the Planning and Environment Court against a decision under section 153 (2) (a) or (b) .\nIf the chief executive fails to decide the claim within 60 days of receiving the claim, the owner may appeal to the court as if the chief executive had decided to reject the claim.\n(sec.153-ssec.1) The chief executive must decide the reasonable compensation payable under the claim within 60 days after the day the claim is received.\n(sec.153-ssec.2) In deciding the claim, the chief executive may decide— the reasonable compensation payable; or to reject the claim; or to acquire the interest.\n(sec.153-ssec.3) The chief executive must, within 10 days after deciding the claim, notify the claimant of the decision and advise the claimant that the claimant may appeal to the Planning and Environment Court against a decision under section 153 (2) (a) or (b) .\n(sec.153-ssec.4) If the chief executive fails to decide the claim within 60 days of receiving the claim, the owner may appeal to the court as if the chief executive had decided to reject the claim.\n- (a) the reasonable compensation payable; or\n- (b) to reject the claim; or\n- (c) to acquire the interest.","sortOrder":213},{"sectionNumber":"sec.154","sectionType":"section","heading":"What is reasonable compensation","content":"### sec.154 What is reasonable compensation\n\nReasonable compensation is (subject to subsections (2) , (3) and (4) ) an amount equal to the difference between the market value of the interest immediately after the change and what would have been the market value of the interest if the change had not been made.\nAny benefit the owner obtains from the change is to be taken into account in calculating the reasonable compensation.\nIf the owner owns land adjacent to the land for which the payment of compensation is sought, the payment of compensation must also take into account any benefit accruing to the adjacent land because of the change.\nIf the land for which compensation is claimed has, since the change, become or ceased to be separate from other land, the amount of compensation is not to be increased because it has become or ceased to be separate from other land.\n(sec.154-ssec.1) Reasonable compensation is (subject to subsections (2) , (3) and (4) ) an amount equal to the difference between the market value of the interest immediately after the change and what would have been the market value of the interest if the change had not been made.\n(sec.154-ssec.2) Any benefit the owner obtains from the change is to be taken into account in calculating the reasonable compensation.\n(sec.154-ssec.3) If the owner owns land adjacent to the land for which the payment of compensation is sought, the payment of compensation must also take into account any benefit accruing to the adjacent land because of the change.\n(sec.154-ssec.4) If the land for which compensation is claimed has, since the change, become or ceased to be separate from other land, the amount of compensation is not to be increased because it has become or ceased to be separate from other land.","sortOrder":214},{"sectionNumber":"sec.155","sectionType":"section","heading":"Payment of compensation","content":"### sec.155 Payment of compensation\n\nThe compensation must be paid within 30 days after the last day an appeal could be made or, if an appeal is made, within 30 days after the day the appeal is decided.","sortOrder":215},{"sectionNumber":"sec.156","sectionType":"section","heading":"Time for starting appeal","content":"### sec.156 Time for starting appeal\n\nIf the owner appeals under section 153 , the appeal must be made within 30 days of the making of the decision.","sortOrder":216},{"sectionNumber":"sec.157","sectionType":"section","heading":"Decision by court","content":"### sec.157 Decision by court\n\nIn making its decision, the Planning and Environment Court must have regard to any difference in the value of the land because of the change.\nSubsection (1) does not limit the things to which the court may have regard in making its decision.\n(sec.157-ssec.1) In making its decision, the Planning and Environment Court must have regard to any difference in the value of the land because of the change.\n(sec.157-ssec.2) Subsection (1) does not limit the things to which the court may have regard in making its decision.","sortOrder":217},{"sectionNumber":"sec.158","sectionType":"section","heading":"Payment of compensation to be recorded","content":"### sec.158 Payment of compensation to be recorded\n\nAs soon as practicable after the compensation is paid, the chief executive must give the registrar of titles written notice that the land is affected by chapter 5 , part 1 .\nThe notice must be in a form approved by the registrar.\nThe registrar must keep the information stated in the notice as information under the Land Title Act 1994 , section 34 .\n(sec.158-ssec.1) As soon as practicable after the compensation is paid, the chief executive must give the registrar of titles written notice that the land is affected by chapter 5 , part 1 .\n(sec.158-ssec.2) The notice must be in a form approved by the registrar.\n(sec.158-ssec.3) The registrar must keep the information stated in the notice as information under the Land Title Act 1994 , section 34 .","sortOrder":218},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Appeals","content":"# Appeals","sortOrder":219},{"sectionNumber":"sec.159","sectionType":"section","heading":"Who may appeal","content":"### sec.159 Who may appeal\n\nA person who is dissatisfied with the chief executive’s decision to give the person a coastal protection or tidal works notice may appeal against the decision to the Planning and Environment Court.","sortOrder":220},{"sectionNumber":"sec.160","sectionType":"section","heading":"How to start appeal","content":"### sec.160 How to start appeal\n\nAn appeal is started by—\nfiling written notice of the appeal with the registrar of the court; and\ncomplying with the rules of court applicable to the appeal.\nThe notice of appeal must—\nbe filed within—\nif the coastal protection or tidal works notice is given under section 59 (3) or 60 (2) or (4) —60 days after the notice is given; or\nif subparagraph (i) does not apply—30 days after the person receives the coastal protection or tidal works notice; and\nstate fully the grounds of the appeal and the facts relied on.\ns 160 amd 2011 No. 6 s 53\n(sec.160-ssec.1) An appeal is started by— filing written notice of the appeal with the registrar of the court; and complying with the rules of court applicable to the appeal.\n(sec.160-ssec.2) The notice of appeal must— be filed within— if the coastal protection or tidal works notice is given under section 59 (3) or 60 (2) or (4) —60 days after the notice is given; or if subparagraph (i) does not apply—30 days after the person receives the coastal protection or tidal works notice; and state fully the grounds of the appeal and the facts relied on.\n- (a) filing written notice of the appeal with the registrar of the court; and\n- (b) complying with the rules of court applicable to the appeal.\n- (a) be filed within— (i) if the coastal protection or tidal works notice is given under section 59 (3) or 60 (2) or (4) —60 days after the notice is given; or (ii) if subparagraph (i) does not apply—30 days after the person receives the coastal protection or tidal works notice; and\n- (i) if the coastal protection or tidal works notice is given under section 59 (3) or 60 (2) or (4) —60 days after the notice is given; or\n- (ii) if subparagraph (i) does not apply—30 days after the person receives the coastal protection or tidal works notice; and\n- (b) state fully the grounds of the appeal and the facts relied on.\n- (i) if the coastal protection or tidal works notice is given under section 59 (3) or 60 (2) or (4) —60 days after the notice is given; or\n- (ii) if subparagraph (i) does not apply—30 days after the person receives the coastal protection or tidal works notice; and","sortOrder":221},{"sectionNumber":"sec.161","sectionType":"section","heading":"Appellant to give notice of appeal","content":"### sec.161 Appellant to give notice of appeal\n\nWithin 7 days after filing a notice of appeal, the appellant must serve notice of the appeal on the chief executive.","sortOrder":222},{"sectionNumber":"sec.162","sectionType":"section","heading":"Stay of operation of decision","content":"### sec.162 Stay of operation of decision\n\nThe court may grant a stay of the decision appealed against to secure the effectiveness of the appeal.\nA stay may be granted on conditions the court considers appropriate and has effect for the period stated by the court.\nThe period of a stay must not extend past the time when the court decides the appeal.\nAn appeal against a decision does not affect the operation or carrying out of the decision unless the decision is stayed.\n(sec.162-ssec.1) The court may grant a stay of the decision appealed against to secure the effectiveness of the appeal.\n(sec.162-ssec.2) A stay may be granted on conditions the court considers appropriate and has effect for the period stated by the court.\n(sec.162-ssec.3) The period of a stay must not extend past the time when the court decides the appeal.\n(sec.162-ssec.4) An appeal against a decision does not affect the operation or carrying out of the decision unless the decision is stayed.","sortOrder":223},{"sectionNumber":"sec.163","sectionType":"section","heading":"Hearing procedures","content":"### sec.163 Hearing procedures\n\nThe procedure for an appeal is to be in accordance with the rules of court applicable to the appeal or, if the rules make no provision or insufficient provision, in accordance with directions of the judge.\nAn appeal is by way of rehearing, unaffected by the chief executive’s decision.\n(sec.163-ssec.1) The procedure for an appeal is to be in accordance with the rules of court applicable to the appeal or, if the rules make no provision or insufficient provision, in accordance with directions of the judge.\n(sec.163-ssec.2) An appeal is by way of rehearing, unaffected by the chief executive’s decision.","sortOrder":224},{"sectionNumber":"sec.164","sectionType":"section","heading":"Powers of court on appeal","content":"### sec.164 Powers of court on appeal\n\nIn deciding an appeal, the court may—\nconfirm the decision appealed against; or\nvary the decision appealed against; or\nset aside the decision appealed against and make a decision in substitution for the decision set aside.\nIf on appeal the court acts under subsection (1) (b) or (c) , the decision is taken, for this Act (other than this part), to be that of the chief executive.\n(sec.164-ssec.1) In deciding an appeal, the court may— confirm the decision appealed against; or vary the decision appealed against; or set aside the decision appealed against and make a decision in substitution for the decision set aside.\n(sec.164-ssec.2) If on appeal the court acts under subsection (1) (b) or (c) , the decision is taken, for this Act (other than this part), to be that of the chief executive.\n- (a) confirm the decision appealed against; or\n- (b) vary the decision appealed against; or\n- (c) set aside the decision appealed against and make a decision in substitution for the decision set aside.","sortOrder":225},{"sectionNumber":"ch.5-pt.2A","sectionType":"part","heading":"Planning and Environment Court declarations","content":"# Planning and Environment Court declarations","sortOrder":226},{"sectionNumber":"sec.164A","sectionType":"section","heading":"Planning and Environment Court may make declarations","content":"### sec.164A Planning and Environment Court may make declarations\n\nAny person may bring a proceeding in the Planning and Environment Court for a declaration about a matter done, to be done or that should have been done, for chapter 2 , part 3 , division 2 .\nThe court may also make an order about any declaration it makes under subsection (1) .\nThis section does not limit part 2 .\ns 164A ins 2016 No. 27 s 152\n(sec.164A-ssec.1) Any person may bring a proceeding in the Planning and Environment Court for a declaration about a matter done, to be done or that should have been done, for chapter 2 , part 3 , division 2 .\n(sec.164A-ssec.2) The court may also make an order about any declaration it makes under subsection (1) .\n(sec.164A-ssec.3) This section does not limit part 2 .","sortOrder":227},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":228},{"sectionNumber":"sec.165","sectionType":"section","heading":"Delegation by chief executive","content":"### sec.165 Delegation by chief executive\n\nThe chief executive may delegate the executive’s powers under this Act to—\nan appropriately qualified—\nauthorised person; or\npublic service officer; or\na local government; or\na port authority; or\na statutory authority.\nA delegation of a chief executive’s power to a local government may permit the subdelegation of the power to an appropriately qualified entity.\ns 165 sub 2004 No. 48 s 21\namd 2011 No. 6 s 54\n(sec.165-ssec.1) The chief executive may delegate the executive’s powers under this Act to— an appropriately qualified— authorised person; or public service officer; or a local government; or a port authority; or a statutory authority.\n(sec.165-ssec.2) A delegation of a chief executive’s power to a local government may permit the subdelegation of the power to an appropriately qualified entity.\n- (a) an appropriately qualified— (i) authorised person; or (ii) public service officer; or\n- (i) authorised person; or\n- (ii) public service officer; or\n- (b) a local government; or\n- (c) a port authority; or\n- (d) a statutory authority.\n- (i) authorised person; or\n- (ii) public service officer; or","sortOrder":229},{"sectionNumber":"sec.166","sectionType":"section","heading":"State of the coastal zone report","content":"### sec.166 State of the coastal zone report\n\nThe chief executive must prepare and publish a report on the state of the coastal zone at least every 4 years.\nThe report must—\ninclude an assessment of the condition of major coastal resources; and\nidentify significant trends in coastal values; and\nreview significant programs, activities and achievements of persons and public authorities in relation to the protection, restoration and enhancement of the coastal zone; and\nevaluate the efficiency and effectiveness of coastal management strategies implemented to achieve the object of this Act.\nThe Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving it.\n(sec.166-ssec.1) The chief executive must prepare and publish a report on the state of the coastal zone at least every 4 years.\n(sec.166-ssec.2) The report must— include an assessment of the condition of major coastal resources; and identify significant trends in coastal values; and review significant programs, activities and achievements of persons and public authorities in relation to the protection, restoration and enhancement of the coastal zone; and evaluate the efficiency and effectiveness of coastal management strategies implemented to achieve the object of this Act.\n(sec.166-ssec.3) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving it.\n- (a) include an assessment of the condition of major coastal resources; and\n- (b) identify significant trends in coastal values; and\n- (c) review significant programs, activities and achievements of persons and public authorities in relation to the protection, restoration and enhancement of the coastal zone; and\n- (d) evaluate the efficiency and effectiveness of coastal management strategies implemented to achieve the object of this Act.","sortOrder":230},{"sectionNumber":"sec.167","sectionType":"section","heading":"Regulation-making power","content":"### sec.167 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may make provision for coastal management, including, for example, provisions about any of the following matters—\naccess to unallocated State land in a coastal management district;\nactivities in a coastal management district;\nthe presence and use of vehicles and vessels in a coastal management district;\nthe impounding, removal and disposal of vehicles, vessels, aircraft or property found abandoned in a coastal management district;\nrequirements for erecting or altering a building or other structure on land in an erosion prone area;\nthe matters for which fees, costs and charges are payable under this Act, the amounts of the fees, costs and charges, the persons who are liable to pay the fees, costs and charges, when the fees, costs and charges are payable, and the recovery of any amount of the fees, costs and charges not paid;\ngiving effect to, and enforcing compliance with, the coastal plan, including, for example, giving a notice about a contravention of the coastal plan and the effect of failure to comply with it;\nexemption from compliance with provisions of the coastal plan.\nA regulation may prescribe when the chief executive may waive a royalty, or waive or refund a fee, payable under this Act.\nA regulation may prescribe offences for contraventions of a regulation, and fix a maximum penalty of a fine of not more than 165 penalty units for the contravention.\nA regulation may prescribe—\nassessment benchmarks for the Planning Act for the assessment of assessable development under that Act, other than an assessment carried out by the planning chief executive; and\nthe requirements that operational work that is tidal works, or work in a coastal management district, must comply with to be categorised as accepted development under that Act; and\nfor section 19 (1) (b) of that Act, the extent to which a local government may apply a planning scheme as a categorising instrument under that Act in relation to tidal works in the tidal area for its local government area, as defined under that Act; and\nfor schedule 2 of that Act, definition prescribed tidal works , the type of tidal works that are prescribed tidal works.\ns 167 amd 2001 No. 93 ss 17 , 24 sch ; 2004 No. 48 s 22 ; 2009 No. 36 s 872 sch 2 ; 2011 No. 6 s 55 ; 2013 No. 6 s 4 ; 2014 No. 64 s 254 sch 1 ; 2016 No. 27 s 153 (amd 2017 No. 12 s 67 )\n(sec.167-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.167-ssec.2) A regulation may make provision for coastal management, including, for example, provisions about any of the following matters— access to unallocated State land in a coastal management district; activities in a coastal management district; the presence and use of vehicles and vessels in a coastal management district; the impounding, removal and disposal of vehicles, vessels, aircraft or property found abandoned in a coastal management district; requirements for erecting or altering a building or other structure on land in an erosion prone area; the matters for which fees, costs and charges are payable under this Act, the amounts of the fees, costs and charges, the persons who are liable to pay the fees, costs and charges, when the fees, costs and charges are payable, and the recovery of any amount of the fees, costs and charges not paid; giving effect to, and enforcing compliance with, the coastal plan, including, for example, giving a notice about a contravention of the coastal plan and the effect of failure to comply with it; exemption from compliance with provisions of the coastal plan.\n(sec.167-ssec.3) A regulation may prescribe when the chief executive may waive a royalty, or waive or refund a fee, payable under this Act.\n(sec.167-ssec.4) A regulation may prescribe offences for contraventions of a regulation, and fix a maximum penalty of a fine of not more than 165 penalty units for the contravention.\n(sec.167-ssec.5) A regulation may prescribe— assessment benchmarks for the Planning Act for the assessment of assessable development under that Act, other than an assessment carried out by the planning chief executive; and the requirements that operational work that is tidal works, or work in a coastal management district, must comply with to be categorised as accepted development under that Act; and for section 19 (1) (b) of that Act, the extent to which a local government may apply a planning scheme as a categorising instrument under that Act in relation to tidal works in the tidal area for its local government area, as defined under that Act; and for schedule 2 of that Act, definition prescribed tidal works , the type of tidal works that are prescribed tidal works.\n- (a) access to unallocated State land in a coastal management district;\n- (b) activities in a coastal management district;\n- (c) the presence and use of vehicles and vessels in a coastal management district;\n- (d) the impounding, removal and disposal of vehicles, vessels, aircraft or property found abandoned in a coastal management district;\n- (e) requirements for erecting or altering a building or other structure on land in an erosion prone area;\n- (f) the matters for which fees, costs and charges are payable under this Act, the amounts of the fees, costs and charges, the persons who are liable to pay the fees, costs and charges, when the fees, costs and charges are payable, and the recovery of any amount of the fees, costs and charges not paid;\n- (g) giving effect to, and enforcing compliance with, the coastal plan, including, for example, giving a notice about a contravention of the coastal plan and the effect of failure to comply with it;\n- (h) exemption from compliance with provisions of the coastal plan.\n- (a) assessment benchmarks for the Planning Act for the assessment of assessable development under that Act, other than an assessment carried out by the planning chief executive; and\n- (b) the requirements that operational work that is tidal works, or work in a coastal management district, must comply with to be categorised as accepted development under that Act; and\n- (c) for section 19 (1) (b) of that Act, the extent to which a local government may apply a planning scheme as a categorising instrument under that Act in relation to tidal works in the tidal area for its local government area, as defined under that Act; and\n- (d) for schedule 2 of that Act, definition prescribed tidal works , the type of tidal works that are prescribed tidal works.","sortOrder":231},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Transitional provision for original Act (No. 41 of 1995)","content":"# Transitional provision for original Act (No. 41 of 1995)","sortOrder":232},{"sectionNumber":"sec.168","sectionType":"section","heading":"Transition of control districts","content":"### sec.168 Transition of control districts\n\nFor this Act—\neach coastal management control district and erosion prone area under the Beach Protection Act is taken to be a control district under this Act; and\neach setback requirement as specified in the plans listed in the table in the Coastal Management Control Districts (Requirements for Buildings or Other Structures) Regulation 1984 , is taken to be a coastal building line under this Act.\nUnder the Coastal Protection and Management and Other Legislation Amendment Act 2001 , control districts were renamed as coastal management districts.\ns 168 amd 2001 No. 93 s 24 sch ; 2007 No. 36 s 2 sch\n- (a) each coastal management control district and erosion prone area under the Beach Protection Act is taken to be a control district under this Act; and\n- (b) each setback requirement as specified in the plans listed in the table in the Coastal Management Control Districts (Requirements for Buildings or Other Structures) Regulation 1984 , is taken to be a coastal building line under this Act.","sortOrder":233},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Transitional provisions for Coastal Protection and Management and Other Legislation Amendment Act 2001","content":"# Transitional provisions for Coastal Protection and Management and Other Legislation Amendment Act 2001","sortOrder":234},{"sectionNumber":"ch.6-pt.2-div.1","sectionType":"division","heading":"Coastal management districts","content":"## Coastal management districts","sortOrder":235},{"sectionNumber":"sec.169","sectionType":"section","heading":"Control districts taken to be coastal management districts","content":"### sec.169 Control districts taken to be coastal management districts\n\nFrom the commencement of this section, each area that was a control district under this Act immediately before the commencement of the section is taken to be a coastal management district.\ns 169 ins 2001 No. 93 s 19","sortOrder":236},{"sectionNumber":"sec.170","sectionType":"section","heading":"Declaration about coastal management districts in areas covered by regional plans","content":"### sec.170 Declaration about coastal management districts in areas covered by regional plans\n\nThis section applies if—\na coastal management district is declared under section 54(1)(a) for an area covered by a regional plan; and\nthe area includes a coastal management district or part of a coastal management district (a former district ) because of section 169.\nThe former district that is within the area covered by the plan ceases to be a coastal management district under section 169.\ns 170 ins 2001 No. 93 s 19\n(sec.170-ssec.1) This section applies if— a coastal management district is declared under section 54(1)(a) for an area covered by a regional plan; and the area includes a coastal management district or part of a coastal management district (a former district ) because of section 169.\n(sec.170-ssec.2) The former district that is within the area covered by the plan ceases to be a coastal management district under section 169.\n- (a) a coastal management district is declared under section 54(1)(a) for an area covered by a regional plan; and\n- (b) the area includes a coastal management district or part of a coastal management district (a former district ) because of section 169.","sortOrder":237},{"sectionNumber":"ch.6-pt.2-div.2","sectionType":"division","heading":"Authorities, permits and approvals under Harbours Act, Beach Protection Act and Canals Act","content":"## Authorities, permits and approvals under Harbours Act, Beach Protection Act and Canals Act","sortOrder":238},{"sectionNumber":"sec.171","sectionType":"section","heading":"Continuing effect of authorities under Harbours Act","content":"### sec.171 Continuing effect of authorities under Harbours Act\n\nThis section applies to a following authority in force immediately before the commencement of the section—\na sanction to carry out works given under the Harbours Act , section 86 ;\nan authorisation to reclaim land given under the Harbours Act , section 91 .\nFrom the commencement, the authority, and any conditions of the authority, have effect as if the authority were a development approval in the form of a development permit for operational work under the Integrated Planning Act 1997 , schedule 8 , part 1 , table 4, item 5.\nSubsection (2) applies only to the extent the carrying out of the operational work could have been sanctioned or authorised under the Harbours Act , section 86 or 91 .\ns 171 ins 2001 No. 93 s 19\namd 2004 No. 48 s 23\n(sec.171-ssec.1) This section applies to a following authority in force immediately before the commencement of the section— a sanction to carry out works given under the Harbours Act , section 86 ; an authorisation to reclaim land given under the Harbours Act , section 91 .\n(sec.171-ssec.2) From the commencement, the authority, and any conditions of the authority, have effect as if the authority were a development approval in the form of a development permit for operational work under the Integrated Planning Act 1997 , schedule 8 , part 1 , table 4, item 5.\n(sec.171-ssec.3) Subsection (2) applies only to the extent the carrying out of the operational work could have been sanctioned or authorised under the Harbours Act , section 86 or 91 .\n- (a) a sanction to carry out works given under the Harbours Act , section 86 ;\n- (b) an authorisation to reclaim land given under the Harbours Act , section 91 .","sortOrder":239},{"sectionNumber":"sec.172","sectionType":"section","heading":"Continuing effect of right to use and occupy","content":"### sec.172 Continuing effect of right to use and occupy\n\nThis section applies to a sanction to carry out works given under the Harbours Act , section 86 , if, under that section, a right to use and occupy land relating to the sanction is in force immediately before the commencement of this section.\nFrom the commencement, the right to use and occupy the land continues to have effect.\nHowever, the right to use and occupy the land ceases to have effect if, under the Land Act 1994 —\na lease is granted for the land; or\na permit to occupy is issued for the land; or\nthe land is dedicated as a reserve.\ns 172 ins 2001 No. 93 s 19\n(sec.172-ssec.1) This section applies to a sanction to carry out works given under the Harbours Act , section 86 , if, under that section, a right to use and occupy land relating to the sanction is in force immediately before the commencement of this section.\n(sec.172-ssec.2) From the commencement, the right to use and occupy the land continues to have effect.\n(sec.172-ssec.3) However, the right to use and occupy the land ceases to have effect if, under the Land Act 1994 — a lease is granted for the land; or a permit to occupy is issued for the land; or the land is dedicated as a reserve.\n- (a) a lease is granted for the land; or\n- (b) a permit to occupy is issued for the land; or\n- (c) the land is dedicated as a reserve.","sortOrder":240},{"sectionNumber":"sec.173","sectionType":"section","heading":"Continuing effect of permits under Beach Protection Act, section 44","content":"### sec.173 Continuing effect of permits under Beach Protection Act, section 44\n\nThis section applies to a permit given under the Beach Protection Act , section 44 (3) , and in force immediately before the commencement of the section.\nFrom the commencement, the permit, and any conditions of the permit, have effect as if the permit were a development approval in the form of a development permit for a material change of use of premises.\nSubsection (2) applies despite the repeal of the Beach Protection Act and only to the extent the carrying out of the material change of use of premises could have been authorised under the Beach Protection Act , section 44 .\ns 173 ins 2001 No. 93 s 19\n(sec.173-ssec.1) This section applies to a permit given under the Beach Protection Act , section 44 (3) , and in force immediately before the commencement of the section.\n(sec.173-ssec.2) From the commencement, the permit, and any conditions of the permit, have effect as if the permit were a development approval in the form of a development permit for a material change of use of premises.\n(sec.173-ssec.3) Subsection (2) applies despite the repeal of the Beach Protection Act and only to the extent the carrying out of the material change of use of premises could have been authorised under the Beach Protection Act , section 44 .","sortOrder":241},{"sectionNumber":"sec.174","sectionType":"section","heading":"Continuing effect of a consent under Beach Protection Act, section 45","content":"### sec.174 Continuing effect of a consent under Beach Protection Act, section 45\n\nThis section applies to a consent given under the Beach Protection Act, section 45(6), to an application relating to an approval to open a road or subdivide land in a coastal management district.\nFrom the commencement of this section, the consent and any conditions of the consent, have effect as if the consent were a development approval in the form of a development permit to reconfigure a lot.\nSubsection (2)—\napplies despite the repeal of the Beach Protection Act; and\napplies only to the extent the reconfiguring of a lot could have been authorised under the Beach Protection Act, section 45(6); and\nhas effect only for the period the approval would have had effect if the Beach Protection Act had not been repealed.\ns 174 ins 2001 No. 93 s 19\n(sec.174-ssec.1) This section applies to a consent given under the Beach Protection Act, section 45(6), to an application relating to an approval to open a road or subdivide land in a coastal management district.\n(sec.174-ssec.2) From the commencement of this section, the consent and any conditions of the consent, have effect as if the consent were a development approval in the form of a development permit to reconfigure a lot.\n(sec.174-ssec.3) Subsection (2)— applies despite the repeal of the Beach Protection Act; and applies only to the extent the reconfiguring of a lot could have been authorised under the Beach Protection Act, section 45(6); and has effect only for the period the approval would have had effect if the Beach Protection Act had not been repealed.\n- (a) applies despite the repeal of the Beach Protection Act; and\n- (b) applies only to the extent the reconfiguring of a lot could have been authorised under the Beach Protection Act, section 45(6); and\n- (c) has effect only for the period the approval would have had effect if the Beach Protection Act had not been repealed.","sortOrder":242},{"sectionNumber":"sec.175","sectionType":"section","heading":"Continuing effect of permits under Beach Protection Act, section 47","content":"### sec.175 Continuing effect of permits under Beach Protection Act, section 47\n\nThis section applies to a permit given under the Beach Protection Act, section 47(1A), and in force immediately before the commencement of this section.\nFrom the commencement, the permit, and any conditions of the permit, have effect as if the permit were a development approval in the form of a development permit for operational work.\nSubsection (2)—\napplies despite the repeal of the Beach Protection Act; and\napplies only to the extent the work could have been authorised under the Beach Protection Act, section 47(1A); and\nhas effect only for the period the permit would have had effect if the Beach Protection Act had not been repealed.\ns 175 ins 2001 No. 93 s 19\n(sec.175-ssec.1) This section applies to a permit given under the Beach Protection Act, section 47(1A), and in force immediately before the commencement of this section.\n(sec.175-ssec.2) From the commencement, the permit, and any conditions of the permit, have effect as if the permit were a development approval in the form of a development permit for operational work.\n(sec.175-ssec.3) Subsection (2)— applies despite the repeal of the Beach Protection Act; and applies only to the extent the work could have been authorised under the Beach Protection Act, section 47(1A); and has effect only for the period the permit would have had effect if the Beach Protection Act had not been repealed.\n- (a) applies despite the repeal of the Beach Protection Act; and\n- (b) applies only to the extent the work could have been authorised under the Beach Protection Act, section 47(1A); and\n- (c) has effect only for the period the permit would have had effect if the Beach Protection Act had not been repealed.","sortOrder":243},{"sectionNumber":"sec.176","sectionType":"section","heading":"Continuing effect of approvals under Canals Act","content":"### sec.176 Continuing effect of approvals under Canals Act\n\nThis section applies to the following approvals in force immediately before the commencement of the section—\na provisional approval granted under the Canals Act , section 5 (4) (b) ;\na final approval granted under the Canals Act , section 7 (3) .\nDespite the repeal of the Canals Act, from the commencement—\nthe provisional approval, and any conditions of the approval, have effect as if the approval were a development permit for a material change of use of premises, but only to the extent authorised by the approval; and\nthe final approval, and any conditions of the approval, have effect as if the approval were a development approval in the form of a development permit for—\nreconfiguration of a lot to construct an artificial waterway; and\noperational works to construct the waterway and the access channel.\nSubsection (2) has effect only for the period the approval would have had effect if the Canals Act had not been repealed.\ns 176 ins 2001 No. 93 s 19\namd 2004 No. 48 s 24\n(sec.176-ssec.1) This section applies to the following approvals in force immediately before the commencement of the section— a provisional approval granted under the Canals Act , section 5 (4) (b) ; a final approval granted under the Canals Act , section 7 (3) .\n(sec.176-ssec.2) Despite the repeal of the Canals Act, from the commencement— the provisional approval, and any conditions of the approval, have effect as if the approval were a development permit for a material change of use of premises, but only to the extent authorised by the approval; and the final approval, and any conditions of the approval, have effect as if the approval were a development approval in the form of a development permit for— reconfiguration of a lot to construct an artificial waterway; and operational works to construct the waterway and the access channel.\n(sec.176-ssec.3) Subsection (2) has effect only for the period the approval would have had effect if the Canals Act had not been repealed.\n- (a) a provisional approval granted under the Canals Act , section 5 (4) (b) ;\n- (b) a final approval granted under the Canals Act , section 7 (3) .\n- (a) the provisional approval, and any conditions of the approval, have effect as if the approval were a development permit for a material change of use of premises, but only to the extent authorised by the approval; and\n- (b) the final approval, and any conditions of the approval, have effect as if the approval were a development approval in the form of a development permit for— (i) reconfiguration of a lot to construct an artificial waterway; and (ii) operational works to construct the waterway and the access channel.\n- (i) reconfiguration of a lot to construct an artificial waterway; and\n- (ii) operational works to construct the waterway and the access channel.\n- (i) reconfiguration of a lot to construct an artificial waterway; and\n- (ii) operational works to construct the waterway and the access channel.","sortOrder":244},{"sectionNumber":"sec.176A","sectionType":"section","heading":"References to certification and notification under the repealed Canals Act , s 8 (1)","content":"### sec.176A References to certification and notification under the repealed Canals Act , s 8 (1)\n\nSubsection (2) applies if certification or notification under the repealed Canals Act , section 8 (1) , in relation to a contract for the sale of land to which an approval mentioned in section 176(1) relates, has not taken place before 20 October 2003.\nAny reference in the contract to the certification or notification is, on and from 20 October 2003, taken to be a reference to the relevant local government’s certification under section 119(2) on a plan of subdivision relating to the land.\ns 176A ins 2003 No. 96 s 28 sch\n(sec.176A-ssec.1) Subsection (2) applies if certification or notification under the repealed Canals Act , section 8 (1) , in relation to a contract for the sale of land to which an approval mentioned in section 176(1) relates, has not taken place before 20 October 2003.\n(sec.176A-ssec.2) Any reference in the contract to the certification or notification is, on and from 20 October 2003, taken to be a reference to the relevant local government’s certification under section 119(2) on a plan of subdivision relating to the land.","sortOrder":245},{"sectionNumber":"sec.177","sectionType":"section","heading":"Relationship to particular Planning Act provisions","content":"### sec.177 Relationship to particular Planning Act provisions\n\nThis section applies to each of the following (a deemed approval )—\na sanction to carry out works given under the Harbours Act , section 86 ;\nan authorisation to reclaim land given under the Harbours Act , section 91 ;\na permit under the Beach Protection Act, section 44;\na consent given under the Beach Protection Act, section 45(6), to an application relating to an approval to open a road or subdivide land in a coastal management district;\na permit under the Beach Protection Act, section 47(1A);\na provisional approval to construct a canal under the Canals Act , section 5 ;\na final approval to construct a canal under the Canals Act , section 7 .\nThe Planning Act, chapter 3, part 5, division 2, subdivision 2 and divisions 3 and 4 apply to a deemed approval.\nHowever, if the deemed approval is for operational work that is tidal works associated with construction of a structure, the currency period for the deemed approval is—\nthe 4 years starting the day this section commences; or\nif the deemed approval states or implies a time for the approval to lapse—the period from the day the approval had effect until the stated or implied time.\nIf development under a deemed approval mentioned in subsection (3) is not substantially completed at the end of the currency period for the approval, the deemed approval lapses.\ns 177 ins 2001 No. 93 s 19\namd 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 154\n(sec.177-ssec.1) This section applies to each of the following (a deemed approval )— a sanction to carry out works given under the Harbours Act , section 86 ; an authorisation to reclaim land given under the Harbours Act , section 91 ; a permit under the Beach Protection Act, section 44; a consent given under the Beach Protection Act, section 45(6), to an application relating to an approval to open a road or subdivide land in a coastal management district; a permit under the Beach Protection Act, section 47(1A); a provisional approval to construct a canal under the Canals Act , section 5 ; a final approval to construct a canal under the Canals Act , section 7 .\n(sec.177-ssec.2) The Planning Act, chapter 3, part 5, division 2, subdivision 2 and divisions 3 and 4 apply to a deemed approval.\n(sec.177-ssec.3) However, if the deemed approval is for operational work that is tidal works associated with construction of a structure, the currency period for the deemed approval is— the 4 years starting the day this section commences; or if the deemed approval states or implies a time for the approval to lapse—the period from the day the approval had effect until the stated or implied time.\n(sec.177-ssec.4) If development under a deemed approval mentioned in subsection (3) is not substantially completed at the end of the currency period for the approval, the deemed approval lapses.\n- (a) a sanction to carry out works given under the Harbours Act , section 86 ;\n- (b) an authorisation to reclaim land given under the Harbours Act , section 91 ;\n- (c) a permit under the Beach Protection Act, section 44;\n- (d) a consent given under the Beach Protection Act, section 45(6), to an application relating to an approval to open a road or subdivide land in a coastal management district;\n- (e) a permit under the Beach Protection Act, section 47(1A);\n- (f) a provisional approval to construct a canal under the Canals Act , section 5 ;\n- (g) a final approval to construct a canal under the Canals Act , section 7 .\n- (a) the 4 years starting the day this section commences; or\n- (b) if the deemed approval states or implies a time for the approval to lapse—the period from the day the approval had effect until the stated or implied time.","sortOrder":246},{"sectionNumber":"ch.6-pt.2-div.3","sectionType":"division","heading":"Dredging permits","content":"## Dredging permits","sortOrder":247},{"sectionNumber":"sec.178","sectionType":"section","heading":"Continuing effect of dredging permits","content":"### sec.178 Continuing effect of dredging permits\n\nThis section applies to a dredging permit granted under the Marine Land Dredging By-law 1987 , section 7.\nDespite the repeal of the Marine Land Dredging By-law 1987 , the permit, and any conditions of the permit continue to have effect for the term of the permit.\ns 178 ins 2001 No. 93 s 19\n(sec.178-ssec.1) This section applies to a dredging permit granted under the Marine Land Dredging By-law 1987 , section 7.\n(sec.178-ssec.2) Despite the repeal of the Marine Land Dredging By-law 1987 , the permit, and any conditions of the permit continue to have effect for the term of the permit.","sortOrder":248},{"sectionNumber":"ch.6-pt.2-div.4","sectionType":"division","heading":"Applications in progress","content":"## Applications in progress","sortOrder":249},{"sectionNumber":"sec.179","sectionType":"section","heading":"Effect of commencement on certain applications","content":"### sec.179 Effect of commencement on certain applications\n\nThis section applies to an application for any of the following not finally decided before the commencement of this section—\na sanction to carry out works given under the Harbours Act, section 86;\nan authorisation to reclaim land given under the Harbours Act , section 91 ;\na permit under the Beach Protection Act, section 44;\na consent under the Beach Protection Act, section 45(6), relating to an approval to open a road or subdivide land in a coastal management district;\na permit under the Beach Protection Act, section 47(1A);\na provisional approval to construct a canal under the Canals Act , section 5 ;\na final approval to construct a canal under the Canals Act , section 7 ;\na dredging permit under the Marine Land Dredging By-law 1987 , section 6.\nFrom the commencement—\nprocessing of the application and all matters incidental to the processing must proceed as if the Act or by-law under which the application was made had not been repealed; and\nany sanction, authorisation, permit, consent or approval issued is taken to be a preliminary approval or development permit, as the case may be.\ns 179 ins 2001 No. 93 s 19\n(sec.179-ssec.1) This section applies to an application for any of the following not finally decided before the commencement of this section— a sanction to carry out works given under the Harbours Act, section 86; an authorisation to reclaim land given under the Harbours Act , section 91 ; a permit under the Beach Protection Act, section 44; a consent under the Beach Protection Act, section 45(6), relating to an approval to open a road or subdivide land in a coastal management district; a permit under the Beach Protection Act, section 47(1A); a provisional approval to construct a canal under the Canals Act , section 5 ; a final approval to construct a canal under the Canals Act , section 7 ; a dredging permit under the Marine Land Dredging By-law 1987 , section 6.\n(sec.179-ssec.2) From the commencement— processing of the application and all matters incidental to the processing must proceed as if the Act or by-law under which the application was made had not been repealed; and any sanction, authorisation, permit, consent or approval issued is taken to be a preliminary approval or development permit, as the case may be.\n- (a) a sanction to carry out works given under the Harbours Act, section 86;\n- (b) an authorisation to reclaim land given under the Harbours Act , section 91 ;\n- (c) a permit under the Beach Protection Act, section 44;\n- (d) a consent under the Beach Protection Act, section 45(6), relating to an approval to open a road or subdivide land in a coastal management district;\n- (e) a permit under the Beach Protection Act, section 47(1A);\n- (f) a provisional approval to construct a canal under the Canals Act , section 5 ;\n- (g) a final approval to construct a canal under the Canals Act , section 7 ;\n- (h) a dredging permit under the Marine Land Dredging By-law 1987 , section 6.\n- (a) processing of the application and all matters incidental to the processing must proceed as if the Act or by-law under which the application was made had not been repealed; and\n- (b) any sanction, authorisation, permit, consent or approval issued is taken to be a preliminary approval or development permit, as the case may be.","sortOrder":250},{"sectionNumber":"sec.180","sectionType":"section","heading":"When certain applications lapse","content":"### sec.180 When certain applications lapse\n\nThis section applies to an application for any of the following made before the commencement of the section—\na sanction to carry out works given under the Harbours Act , section 86 ;\nan authorisation to reclaim land given under the Harbours Act , section 91 ;\na provisional approval to construct a canal under the Canals Act , section 5 .\nIf the chief executive has, by written notice given before the commencement of this section, asked the applicant to give the chief executive a stated document or information relevant to the application, the applicant must give the stated document or information to the chief executive within 1 year after the commencement.\nIf the applicant does not give the chief executive the stated document or information within the period mentioned in subsection (2), the application lapses.\ns 180 ins 2001 No. 93 s 19\n(sec.180-ssec.1) This section applies to an application for any of the following made before the commencement of the section— a sanction to carry out works given under the Harbours Act , section 86 ; an authorisation to reclaim land given under the Harbours Act , section 91 ; a provisional approval to construct a canal under the Canals Act , section 5 .\n(sec.180-ssec.2) If the chief executive has, by written notice given before the commencement of this section, asked the applicant to give the chief executive a stated document or information relevant to the application, the applicant must give the stated document or information to the chief executive within 1 year after the commencement.\n(sec.180-ssec.3) If the applicant does not give the chief executive the stated document or information within the period mentioned in subsection (2), the application lapses.\n- (a) a sanction to carry out works given under the Harbours Act , section 86 ;\n- (b) an authorisation to reclaim land given under the Harbours Act , section 91 ;\n- (c) a provisional approval to construct a canal under the Canals Act , section 5 .","sortOrder":251},{"sectionNumber":"sec.181","sectionType":"section","heading":null,"content":"### Section sec.181\n\ns 181 ins 2001 No. 93 s 19\namd 2003 No. 96 s 28 sch\nom 2004 No. 48 s 25","sortOrder":252},{"sectionNumber":"ch.6-pt.2-div.5","sectionType":"division","heading":"Dissolution of Beach Protection Authority","content":"## Dissolution of Beach Protection Authority","sortOrder":253},{"sectionNumber":"sec.182","sectionType":"section","heading":"Dissolution of Beach Protection Authority","content":"### sec.182 Dissolution of Beach Protection Authority\n\nOn the commencement of this section—\nthe Beach Protection Authority (the authority ) is dissolved; and\neach member of the authority goes out of office; and\nthe assets and liabilities of the authority—\nare transferred to the State and become assets and liabilities of the State; and\nare to be administered by the Minister; and\nthe State is substituted as a party for the authority in all pending and existing proceedings to which the authority is a party.\ns 182 ins 2001 No. 93 s 19\n- (a) the Beach Protection Authority (the authority ) is dissolved; and\n- (b) each member of the authority goes out of office; and\n- (c) the assets and liabilities of the authority— (i) are transferred to the State and become assets and liabilities of the State; and (ii) are to be administered by the Minister; and\n- (i) are transferred to the State and become assets and liabilities of the State; and\n- (ii) are to be administered by the Minister; and\n- (d) the State is substituted as a party for the authority in all pending and existing proceedings to which the authority is a party.\n- (i) are transferred to the State and become assets and liabilities of the State; and\n- (ii) are to be administered by the Minister; and","sortOrder":254},{"sectionNumber":"sec.183","sectionType":"section","heading":"References to Beach Protection Authority","content":"### sec.183 References to Beach Protection Authority\n\nThis section applies to a reference in an Act or document, immediately before the commencement of the section, to the Beach Protection Authority.\nFrom the commencement, the reference may, if the context permits, be taken to be a reference to the chief executive.\ns 183 ins 2001 No. 93 s 19\n(sec.183-ssec.1) This section applies to a reference in an Act or document, immediately before the commencement of the section, to the Beach Protection Authority.\n(sec.183-ssec.2) From the commencement, the reference may, if the context permits, be taken to be a reference to the chief executive.","sortOrder":255},{"sectionNumber":"ch.6-pt.2-div.6","sectionType":"division","heading":"Erosion prone areas","content":"## Erosion prone areas","sortOrder":256},{"sectionNumber":"sec.184","sectionType":"section","heading":"Transition of areas specified in erosion prone area plans","content":"### sec.184 Transition of areas specified in erosion prone area plans\n\nThis section applies to an area that, immediately before the commencement of the section, is specified in an erosion prone area plan under the Beach Protection Act as an area that may be subject to erosion or encroachment by tidal water.\nFrom the commencement, the area is taken to be an erosion prone area under this Act.\nThis section applies despite the repeal of the Beach Protection Act.\ns 184 ins 2001 No. 93 s 19\n(sec.184-ssec.1) This section applies to an area that, immediately before the commencement of the section, is specified in an erosion prone area plan under the Beach Protection Act as an area that may be subject to erosion or encroachment by tidal water.\n(sec.184-ssec.2) From the commencement, the area is taken to be an erosion prone area under this Act.\n(sec.184-ssec.3) This section applies despite the repeal of the Beach Protection Act.","sortOrder":257},{"sectionNumber":"ch.6-pt.2-div.7","sectionType":"division","heading":"Coastal management plans under Beach Protection Act","content":"## Coastal management plans under Beach Protection Act","sortOrder":258},{"sectionNumber":"sec.185","sectionType":"section","heading":"Transition of coastal management plans","content":"### sec.185 Transition of coastal management plans\n\nThis section applies to a coastal management plan approved under the Beach Protection Act, section 38 and in force immediately before the commencement of this section.\nFrom the commencement, the plan continues in force as if the Beach Protection Act had not been repealed until a regional coastal management plan, replacing the coastal management plan, takes effect.\nOn the commencement of this subsection—\nthe approved Gold Coast scheme of works is taken to be a development permit; and\nthe works are taken to have been substantially started.\nIn this section—\nGold Coast scheme of works means the document—\ntitled ‘Scheme Prepared by the Beach Protection Authority Pursuant to the Beach Protection Act 1968-1970 for the Protection of all Beaches Situated at the Gold Coast within Beach Erosion Control District Nos 2 and 11 Against Both Erosion and Encroachment by the Sea’, as amended from time to time; and\noriginally approved in March 1973 as a coastal management plan under the Beach Protection Act, section 38 and continued in force under subsection (2).\ns 185 ins 2001 No. 93 s 19 (amd 2003 No. 64 s 118 )\namd 2006 No. 11 s 87\n(sec.185-ssec.1) This section applies to a coastal management plan approved under the Beach Protection Act, section 38 and in force immediately before the commencement of this section.\n(sec.185-ssec.2) From the commencement, the plan continues in force as if the Beach Protection Act had not been repealed until a regional coastal management plan, replacing the coastal management plan, takes effect.\n(sec.185-ssec.3) On the commencement of this subsection— the approved Gold Coast scheme of works is taken to be a development permit; and the works are taken to have been substantially started.\n(sec.185-ssec.4) In this section— Gold Coast scheme of works means the document— titled ‘Scheme Prepared by the Beach Protection Authority Pursuant to the Beach Protection Act 1968-1970 for the Protection of all Beaches Situated at the Gold Coast within Beach Erosion Control District Nos 2 and 11 Against Both Erosion and Encroachment by the Sea’, as amended from time to time; and originally approved in March 1973 as a coastal management plan under the Beach Protection Act, section 38 and continued in force under subsection (2).\n- (a) the approved Gold Coast scheme of works is taken to be a development permit; and\n- (b) the works are taken to have been substantially started.\n- (a) titled ‘Scheme Prepared by the Beach Protection Authority Pursuant to the Beach Protection Act 1968-1970 for the Protection of all Beaches Situated at the Gold Coast within Beach Erosion Control District Nos 2 and 11 Against Both Erosion and Encroachment by the Sea’, as amended from time to time; and\n- (b) originally approved in March 1973 as a coastal management plan under the Beach Protection Act, section 38 and continued in force under subsection (2).","sortOrder":259},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"TRANSITIONAL PROVISIONS FOR BEACH PROTECTION LEGISLATION AMENDMENT ACT 2003","content":"# TRANSITIONAL PROVISIONS FOR BEACH PROTECTION LEGISLATION AMENDMENT ACT 2003","sortOrder":260},{"sectionNumber":"sec.186","sectionType":"section","heading":null,"content":"### Section sec.186\n\ns 186 ins 2001 No. 93 s 19A (amd 2003 No. 64 s 118 )\nom 2007 No. 56 s 4","sortOrder":261},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Transitional provisions for Environmental Protection and Other Legislation Amendment Act 2004","content":"# Transitional provisions for Environmental Protection and Other Legislation Amendment Act 2004","sortOrder":262},{"sectionNumber":"sec.187","sectionType":"section","heading":"Planning Act applies to all development relating to the construction of canals","content":"### sec.187 Planning Act applies to all development relating to the construction of canals\n\nSubsection (2) applies for—\na provisional approval to construct a canal granted under the repealed Canals Act , section 5 ; or\na provisional approval, mentioned in section 179(1)(f), to construct a canal and granted before or after the commencement of this section.\nThe Planning Act applies for development relating to the construction of the canal authorised by the approval.\ns 187 ins 2004 No. 48 s 26\namd 2009 No. 36 s 872 sch 2\n(sec.187-ssec.1) Subsection (2) applies for— a provisional approval to construct a canal granted under the repealed Canals Act , section 5 ; or a provisional approval, mentioned in section 179(1)(f), to construct a canal and granted before or after the commencement of this section.\n(sec.187-ssec.2) The Planning Act applies for development relating to the construction of the canal authorised by the approval.\n- (a) a provisional approval to construct a canal granted under the repealed Canals Act , section 5 ; or\n- (b) a provisional approval, mentioned in section 179(1)(f), to construct a canal and granted before or after the commencement of this section.","sortOrder":263},{"sectionNumber":"sec.188","sectionType":"section","heading":"Applications to reconfigure a lot in a coastal management district","content":"### sec.188 Applications to reconfigure a lot in a coastal management district\n\nSubsections (3) and (4) apply if—\nbefore 20 October 2003, a person—\nheld an authority from a local government to reconfigure a lot in a coastal management district; and\nhad not applied for the Governor in Council’s consent under the repealed Beach Protection Act, section 45(4); and\nthe person intends to reconfigure the lot.\nSubsections (3) and (4) also apply if—\nbefore 20 October 2004, an application to reconfigure a lot in a coastal management district was made to a local government under the Integrated Planning Act 1997 ; and\nthe application was not decided before 20 October 2003; and\nthe local government issues a development permit for the reconfiguration on or after 20 October 2003.\nThe person must apply for a further development approval for the reconfiguration under the Integrated Planning Act 1997 .\nFor an application made under subsection (3)—\nthe chief executive is the assessment manager; and\nthere are no referral agencies; and\nonly code assessment is required.\nThe chief executive may give the registrar of titles notice about land to which an application under subsection (3) applies.\nIf the chief executive gives the registrar a notice under subsection (5) the registrar—\nmust record the notice in a way that a search of the land registry will show that the land is subject to this Act; and\nmust not register a plan of subdivision dealing with the reconfiguration of the land until the chief executive has issued a development permit for the application.\nIf the registrar has recorded information under subsection (6) and the chief executive becomes aware the information no longer applies or has changed—\nthe chief executive must give the registrar notice that the information no longer applies or has changed; and\nthe registrar must update the record.\ns 188 ins 2004 No. 48 s 26\namd 2006 No. 11 s 88\n(sec.188-ssec.1) Subsections (3) and (4) apply if— before 20 October 2003, a person— held an authority from a local government to reconfigure a lot in a coastal management district; and had not applied for the Governor in Council’s consent under the repealed Beach Protection Act, section 45(4); and the person intends to reconfigure the lot.\n(sec.188-ssec.2) Subsections (3) and (4) also apply if— before 20 October 2004, an application to reconfigure a lot in a coastal management district was made to a local government under the Integrated Planning Act 1997 ; and the application was not decided before 20 October 2003; and the local government issues a development permit for the reconfiguration on or after 20 October 2003.\n(sec.188-ssec.3) The person must apply for a further development approval for the reconfiguration under the Integrated Planning Act 1997 .\n(sec.188-ssec.4) For an application made under subsection (3)— the chief executive is the assessment manager; and there are no referral agencies; and only code assessment is required.\n(sec.188-ssec.5) The chief executive may give the registrar of titles notice about land to which an application under subsection (3) applies.\n(sec.188-ssec.6) If the chief executive gives the registrar a notice under subsection (5) the registrar— must record the notice in a way that a search of the land registry will show that the land is subject to this Act; and must not register a plan of subdivision dealing with the reconfiguration of the land until the chief executive has issued a development permit for the application.\n(sec.188-ssec.7) If the registrar has recorded information under subsection (6) and the chief executive becomes aware the information no longer applies or has changed— the chief executive must give the registrar notice that the information no longer applies or has changed; and the registrar must update the record.\n- (a) before 20 October 2003, a person— (i) held an authority from a local government to reconfigure a lot in a coastal management district; and (ii) had not applied for the Governor in Council’s consent under the repealed Beach Protection Act, section 45(4); and\n- (i) held an authority from a local government to reconfigure a lot in a coastal management district; and\n- (ii) had not applied for the Governor in Council’s consent under the repealed Beach Protection Act, section 45(4); and\n- (b) the person intends to reconfigure the lot.\n- (i) held an authority from a local government to reconfigure a lot in a coastal management district; and\n- (ii) had not applied for the Governor in Council’s consent under the repealed Beach Protection Act, section 45(4); and\n- (a) before 20 October 2004, an application to reconfigure a lot in a coastal management district was made to a local government under the Integrated Planning Act 1997 ; and\n- (b) the application was not decided before 20 October 2003; and\n- (c) the local government issues a development permit for the reconfiguration on or after 20 October 2003.\n- (a) the chief executive is the assessment manager; and\n- (b) there are no referral agencies; and\n- (d) only code assessment is required.\n- (a) must record the notice in a way that a search of the land registry will show that the land is subject to this Act; and\n- (b) must not register a plan of subdivision dealing with the reconfiguration of the land until the chief executive has issued a development permit for the application.\n- (a) the chief executive must give the registrar notice that the information no longer applies or has changed; and\n- (b) the registrar must update the record.","sortOrder":264},{"sectionNumber":"sec.189","sectionType":"section","heading":"Particular permits under the Beach Protection Act","content":"### sec.189 Particular permits under the Beach Protection Act\n\nThis section applies to the following permits—\na permit under the repealed Beach Protection Act, section 47(1A);\na permit issued for an application under the repealed Beach Protection Act, section 47(1A) and taken to be a development permit;\na development permit issued before 31 December 2004 for operational work mentioned in the Integrated Planning Act 1997 , schedule 8 , part 1 , table 4, item 5(a) or (b)(i) or (iii).\nDespite section 177, the Planning Act, section 85(1) does not apply if the work authorised by the permit may be carried out more than once.\nA permit to which this section applies lapses at the end of the currency period for the permit.\ns 189 ins 2004 No. 48 s 26\namd 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 155\n(sec.189-ssec.1) This section applies to the following permits— a permit under the repealed Beach Protection Act, section 47(1A); a permit issued for an application under the repealed Beach Protection Act, section 47(1A) and taken to be a development permit; a development permit issued before 31 December 2004 for operational work mentioned in the Integrated Planning Act 1997 , schedule 8 , part 1 , table 4, item 5(a) or (b)(i) or (iii).\n(sec.189-ssec.2) Despite section 177, the Planning Act, section 85(1) does not apply if the work authorised by the permit may be carried out more than once.\n(sec.189-ssec.3) A permit to which this section applies lapses at the end of the currency period for the permit.\n- (a) a permit under the repealed Beach Protection Act, section 47(1A);\n- (b) a permit issued for an application under the repealed Beach Protection Act, section 47(1A) and taken to be a development permit;\n- (c) a development permit issued before 31 December 2004 for operational work mentioned in the Integrated Planning Act 1997 , schedule 8 , part 1 , table 4, item 5(a) or (b)(i) or (iii).","sortOrder":265},{"sectionNumber":"sec.190","sectionType":"section","heading":"Assessment manager for particular applications","content":"### sec.190 Assessment manager for particular applications\n\nThis section applies to a deemed approval mentioned in section 177 if the holder of the approval wishes to make a minor change to it.\nThe chief executive must decide who will be the assessment manager for the application to amend the approval.\nAn entity that would have been a concurrence agency for the deemed approval is taken to be a concurrence agency for the application to amend.\nSubsection (2) applies despite the Integrated Planning Act 1997 , section 3 .5.24 but subject to subsection (5).\nThe local government may elect not to be the assessment manager for the application to amend.\nHowever, if the local government elects not to be the assessment manager for the application to amend, the local government can not be a referral agency.\nDespite subsection (1), this section does not apply to a deemed approval mentioned in section 177 on or after the day section 193 commences.\ns 190 ins 2004 No. 48 s 26\namd 2009 No. 36 s 872 sch 2\n(sec.190-ssec.1) This section applies to a deemed approval mentioned in section 177 if the holder of the approval wishes to make a minor change to it.\n(sec.190-ssec.2) The chief executive must decide who will be the assessment manager for the application to amend the approval.\n(sec.190-ssec.3) An entity that would have been a concurrence agency for the deemed approval is taken to be a concurrence agency for the application to amend.\n(sec.190-ssec.4) Subsection (2) applies despite the Integrated Planning Act 1997 , section 3 .5.24 but subject to subsection (5).\n(sec.190-ssec.5) The local government may elect not to be the assessment manager for the application to amend.\n(sec.190-ssec.6) However, if the local government elects not to be the assessment manager for the application to amend, the local government can not be a referral agency.\n(sec.190-ssec.7) Despite subsection (1), this section does not apply to a deemed approval mentioned in section 177 on or after the day section 193 commences.","sortOrder":266},{"sectionNumber":"sec.191","sectionType":"section","heading":"When particular applications lapse","content":"### sec.191 When particular applications lapse\n\nSubsection (3) applies if—\nan application was made under the Beach Protection Act before 20 October 2003; and\nthe chief executive has, by written notice, asked the applicant to give the chief executive, within 1 year, a stated document or information relevant to the application; and\nthe applicant did not give the stated document or information to the chief executive within 1 year after the request.\nSubsection (3) also applies for an application mentioned in section 180(1) if—\nthe chief executive has, by written notice, asked the applicant to give the chief executive, within 1 year, a stated document or information relevant to the application; and\nthe applicant did not give the stated document or information to the chief executive within 1 year after the request.\nThe application lapses.\ns 191 ins 2004 No. 48 s 26\n(sec.191-ssec.1) Subsection (3) applies if— an application was made under the Beach Protection Act before 20 October 2003; and the chief executive has, by written notice, asked the applicant to give the chief executive, within 1 year, a stated document or information relevant to the application; and the applicant did not give the stated document or information to the chief executive within 1 year after the request.\n(sec.191-ssec.2) Subsection (3) also applies for an application mentioned in section 180(1) if— the chief executive has, by written notice, asked the applicant to give the chief executive, within 1 year, a stated document or information relevant to the application; and the applicant did not give the stated document or information to the chief executive within 1 year after the request.\n(sec.191-ssec.3) The application lapses.\n- (a) an application was made under the Beach Protection Act before 20 October 2003; and\n- (b) the chief executive has, by written notice, asked the applicant to give the chief executive, within 1 year, a stated document or information relevant to the application; and\n- (c) the applicant did not give the stated document or information to the chief executive within 1 year after the request.\n- (a) the chief executive has, by written notice, asked the applicant to give the chief executive, within 1 year, a stated document or information relevant to the application; and\n- (b) the applicant did not give the stated document or information to the chief executive within 1 year after the request.","sortOrder":267},{"sectionNumber":"ch.6-pt.5","sectionType":"part","heading":"Transitional provisions for Sustainable Planning Act 2009","content":"# Transitional provisions for Sustainable Planning Act 2009","sortOrder":268},{"sectionNumber":"sec.192","sectionType":"section","heading":"Application of s 53","content":"### sec.192 Application of s 53\n\nSection 53 as in force immediately before the commencement of this section continues to apply in relation to a transitional planning scheme amended under the repealed Integrated Planning Act 1997 , section 2 .3.2 before the commencement because it was not consistent with a regional plan.\ns 192 ins 2009 No. 36 s 872 sch 2","sortOrder":269},{"sectionNumber":"sec.193","sectionType":"section","heading":"Responsible entity for request to change deemed approval","content":"### sec.193 Responsible entity for request to change deemed approval\n\nThis section applies to a deemed approval mentioned in section 177 if the holder of the approval wishes to make a permissible change to it.\nThe chief executive must decide who will be the responsible entity for making the permissible change.\nFor the repealed Planning Act, section 372(1), a copy of the request seeking the permissible change must also be given to an entity that would have been a concurrence agency for the deemed approval.\nSubsection (2) applies despite the repealed Planning Act, section 369, but subject to subsection (5).\nThe local government may elect not to be the responsible entity for making the permissible change.\nHowever, if the local government decides not to be the responsible entity for making the permissible change, the local government is not required to be given a copy of the request under the repealed Planning Act, section 372(1).\nDespite subsection (1), this section does not apply to a deemed approval mentioned in section 177 on or after the day section 206 commences.\nIn this section—\npermissible change see the repealed Planning Act, section 367.\nrepealed Planning Act means the repealed Sustainable Planning Act 2009 .\nresponsible entity , for making a permissible change, means the responsible entity under the repealed Planning Act, section 369 for making the change.\ns 193 ins 2009 No. 36 s 872 sch 2\namd 2016 No. 27 s 156\n(sec.193-ssec.1) This section applies to a deemed approval mentioned in section 177 if the holder of the approval wishes to make a permissible change to it.\n(sec.193-ssec.2) The chief executive must decide who will be the responsible entity for making the permissible change.\n(sec.193-ssec.3) For the repealed Planning Act, section 372(1), a copy of the request seeking the permissible change must also be given to an entity that would have been a concurrence agency for the deemed approval.\n(sec.193-ssec.4) Subsection (2) applies despite the repealed Planning Act, section 369, but subject to subsection (5).\n(sec.193-ssec.5) The local government may elect not to be the responsible entity for making the permissible change.\n(sec.193-ssec.6) However, if the local government decides not to be the responsible entity for making the permissible change, the local government is not required to be given a copy of the request under the repealed Planning Act, section 372(1).\n(sec.193-ssec.7) Despite subsection (1), this section does not apply to a deemed approval mentioned in section 177 on or after the day section 206 commences.\n(sec.193-ssec.8) In this section— permissible change see the repealed Planning Act, section 367. repealed Planning Act means the repealed Sustainable Planning Act 2009 . responsible entity , for making a permissible change, means the responsible entity under the repealed Planning Act, section 369 for making the change.","sortOrder":270},{"sectionNumber":"sec.194","sectionType":"section","heading":"Continuing application of particular provisions","content":"### sec.194 Continuing application of particular provisions\n\nThis section applies to a development application made but not decided under the repealed Integrated Planning Act 1997 before the commencement.\nThe following provisions, as in force before the commencement, continue to apply to the development application as if the repealed Planning Act had not commenced—\nsections 50(1), 66, 100A(3)(a) and 100B(3);\nchapter 2, part 6.\nIn this section—\ncommencement means the day this section commences.\nrepealed Planning Act means the repealed Sustainable Planning Act 2009 .\ns 194 ins 2009 No. 36 s 872 sch 2\namd 2016 No. 27 s 157\n(sec.194-ssec.1) This section applies to a development application made but not decided under the repealed Integrated Planning Act 1997 before the commencement.\n(sec.194-ssec.2) The following provisions, as in force before the commencement, continue to apply to the development application as if the repealed Planning Act had not commenced— sections 50(1), 66, 100A(3)(a) and 100B(3); chapter 2, part 6.\n(sec.194-ssec.3) In this section— commencement means the day this section commences. repealed Planning Act means the repealed Sustainable Planning Act 2009 .\n- (a) sections 50(1), 66, 100A(3)(a) and 100B(3);\n- (b) chapter 2, part 6.","sortOrder":271},{"sectionNumber":"ch.6-pt.6","sectionType":"part","heading":"Transitional provisions for Environmental Protection and Other Legislation Amendment Act 2011","content":"# Transitional provisions for Environmental Protection and Other Legislation Amendment Act 2011","sortOrder":272},{"sectionNumber":"sec.195","sectionType":"section","heading":"Definition for pt 6","content":"### sec.195 Definition for pt 6\n\nIn this part—\nprevious , if followed by a provision number, means the provision of that number in force before the commencement of this section.\ns 195 ins 2011 No. 6 s 56","sortOrder":273},{"sectionNumber":"sec.196","sectionType":"section","heading":"Continuation of coastal zone","content":"### sec.196 Continuation of coastal zone\n\nThe coastal zone under previous section 15 continues until the day a coastal zone map takes effect under section 18C.\ns 196 ins 2011 No. 6 s 56","sortOrder":274},{"sectionNumber":"sec.197","sectionType":"section","heading":"Continuation of existing coastal plans","content":"### sec.197 Continuation of existing coastal plans\n\nEach coastal plan (an existing coastal plan ) made under previous chapter 2, part 2 in force immediately before the day this section commences continues in effect until the day a coastal plan takes effect under section 32(1).\nUntil the day the coastal plan takes effect, a reference to the coastal plan in a document or the provisions of this Act mentioned in subsection (3) is taken, wherever possible, to be a reference to an existing coastal plan.\nFor subsection (2), the provisions are sections 68, 75, 150 and 167.\ns 197 ins 2011 No. 6 s 56\n(sec.197-ssec.1) Each coastal plan (an existing coastal plan ) made under previous chapter 2, part 2 in force immediately before the day this section commences continues in effect until the day a coastal plan takes effect under section 32(1).\n(sec.197-ssec.2) Until the day the coastal plan takes effect, a reference to the coastal plan in a document or the provisions of this Act mentioned in subsection (3) is taken, wherever possible, to be a reference to an existing coastal plan.\n(sec.197-ssec.3) For subsection (2), the provisions are sections 68, 75, 150 and 167.","sortOrder":275},{"sectionNumber":"sec.198","sectionType":"section","heading":"Dissolution of coastal protection advisory council","content":"### sec.198 Dissolution of coastal protection advisory council\n\nOn the day this section commences—\nthe coastal protection advisory council established under previous section 20 is dissolved; and\nany person who, immediately before the day this section commences, held office as a member of the coastal protection advisory council under previous section 22 goes out of office on the day this section commences and is not entitled to compensation because of the operation of this section.\ns 198 ins 2011 No. 6 s 56\n- (a) the coastal protection advisory council established under previous section 20 is dissolved; and\n- (b) any person who, immediately before the day this section commences, held office as a member of the coastal protection advisory council under previous section 22 goes out of office on the day this section commences and is not entitled to compensation because of the operation of this section.","sortOrder":276},{"sectionNumber":"sec.199","sectionType":"section","heading":"Application of s 80 for existing allocations for quarry material","content":"### sec.199 Application of s 80 for existing allocations for quarry material\n\nThis section applies to the holder of an allocation notice for quarry material if, immediately before the day this section commences, previous section 80 applied to the holder.\nDespite section 80(2)(b), previous section 80(2) continues to apply to the holder of the notice until the beginning of the quarter first happening after the day this section commences.\nIn this section—\nquarter means a 3-month period ending on 31 March, 30 June, 30 September or 31 December.\ns 199 ins 2011 No. 6 s 56\n(sec.199-ssec.1) This section applies to the holder of an allocation notice for quarry material if, immediately before the day this section commences, previous section 80 applied to the holder.\n(sec.199-ssec.2) Despite section 80(2)(b), previous section 80(2) continues to apply to the holder of the notice until the beginning of the quarter first happening after the day this section commences.\n(sec.199-ssec.3) In this section— quarter means a 3-month period ending on 31 March, 30 June, 30 September or 31 December.","sortOrder":277},{"sectionNumber":"sec.200","sectionType":"section","heading":"Existing dredge management plan applications","content":"### sec.200 Existing dredge management plan applications\n\nThis section applies if an application for approval of a dredge management plan made under previous section 91 has not been decided before the day this section commences.\nThe application must be decided under previous chapter 2, part 5, division 2, subdivision 2.\nIf the application is approved, previous chapter 2, part 5, divisions 2 and 2A continue to apply in relation to the approved dredge management plan as if the Environmental Protection and Other Legislation Amendment Act 2011 had not commenced.\ns 200 ins 2011 No. 6 s 56\n(sec.200-ssec.1) This section applies if an application for approval of a dredge management plan made under previous section 91 has not been decided before the day this section commences.\n(sec.200-ssec.2) The application must be decided under previous chapter 2, part 5, division 2, subdivision 2.\n(sec.200-ssec.3) If the application is approved, previous chapter 2, part 5, divisions 2 and 2A continue to apply in relation to the approved dredge management plan as if the Environmental Protection and Other Legislation Amendment Act 2011 had not commenced.","sortOrder":278},{"sectionNumber":"sec.201","sectionType":"section","heading":"Existing approved dredge management plans","content":"### sec.201 Existing approved dredge management plans\n\nThis section applies to a dredge management plan approved under previous section 93 if the plan was in effect immediately before the day this section commences.\nThe dredge management plan continues in effect until it is cancelled, suspended or otherwise ended.\nPrevious chapter 2, part 5, divisions 2 and 2A continue to apply in relation to the dredge management plan as if the Environmental Protection and Other Legislation Amendment Act 2011 had not commenced.\nTo remove any doubt, it is declared that subsection (3) applies if, immediately before the day this section commences—\nthe holder of an approved dredge management plan had applied for a transfer of the plan under previous section 95 or a renewal of the plan under previous section 96, and before the day this section commences the application has not been decided; or\nthe chief executive had started a procedure to amend, suspend or cancel an approval of a dredge management plan under previous section 99, and before the day this section commences a proposed action under previous section 99 has not been taken.\ns 201 ins 2011 No. 6 s 56\n(sec.201-ssec.1) This section applies to a dredge management plan approved under previous section 93 if the plan was in effect immediately before the day this section commences.\n(sec.201-ssec.2) The dredge management plan continues in effect until it is cancelled, suspended or otherwise ended.\n(sec.201-ssec.3) Previous chapter 2, part 5, divisions 2 and 2A continue to apply in relation to the dredge management plan as if the Environmental Protection and Other Legislation Amendment Act 2011 had not commenced.\n(sec.201-ssec.4) To remove any doubt, it is declared that subsection (3) applies if, immediately before the day this section commences— the holder of an approved dredge management plan had applied for a transfer of the plan under previous section 95 or a renewal of the plan under previous section 96, and before the day this section commences the application has not been decided; or the chief executive had started a procedure to amend, suspend or cancel an approval of a dredge management plan under previous section 99, and before the day this section commences a proposed action under previous section 99 has not been taken.\n- (a) the holder of an approved dredge management plan had applied for a transfer of the plan under previous section 95 or a renewal of the plan under previous section 96, and before the day this section commences the application has not been decided; or\n- (b) the chief executive had started a procedure to amend, suspend or cancel an approval of a dredge management plan under previous section 99, and before the day this section commences a proposed action under previous section 99 has not been taken.","sortOrder":279},{"sectionNumber":"sec.201A","sectionType":"section","heading":"Removal of quarry material under dredge management plans","content":"### sec.201A Removal of quarry material under dredge management plans\n\nA person does not commit an offence against section 101(1) by removing quarry material under a dredge management plan in force under section 200 or 201.\nSubsection (1) is taken to have applied since 5 May 2011.\n5 May 2011 was the day of commencement of the Environmental Protection and Other Legislation Amendment Act 2011 , section 56 , to the extent it inserted sections 200 and 201.\nPrevious section 102 applies, and is taken to have applied since 5 May 2011, to quarry material removed under a dredge management plan in force under section 200 or 201.\ns 201A ins 2014 No. 33 s 98\n(sec.201A-ssec.1) A person does not commit an offence against section 101(1) by removing quarry material under a dredge management plan in force under section 200 or 201.\n(sec.201A-ssec.2) Subsection (1) is taken to have applied since 5 May 2011. 5 May 2011 was the day of commencement of the Environmental Protection and Other Legislation Amendment Act 2011 , section 56 , to the extent it inserted sections 200 and 201.\n(sec.201A-ssec.3) Previous section 102 applies, and is taken to have applied since 5 May 2011, to quarry material removed under a dredge management plan in force under section 200 or 201.","sortOrder":280},{"sectionNumber":"sec.202","sectionType":"section","heading":"Continuing effect of Governor in Council approval of land surrender condition","content":"### sec.202 Continuing effect of Governor in Council approval of land surrender condition\n\nThis section applies if, before the day this section commences, the Governor in Council has approved the inclusion of a land surrender condition under previous section 110(2)(c).\nThe approval continues to have effect as if it were an approval by the Minister under section 110(2)(c).\nIf a notice has not been given under previous section 113 in relation to the condition before the day this section commences, previous section 113 continues to apply for the giving of the notice as if the Environmental Protection and Other Legislation Amendment Act 2011 had not commenced.\ns 202 ins 2011 No. 6 s 56\n(sec.202-ssec.1) This section applies if, before the day this section commences, the Governor in Council has approved the inclusion of a land surrender condition under previous section 110(2)(c).\n(sec.202-ssec.2) The approval continues to have effect as if it were an approval by the Minister under section 110(2)(c).\n(sec.202-ssec.3) If a notice has not been given under previous section 113 in relation to the condition before the day this section commences, previous section 113 continues to apply for the giving of the notice as if the Environmental Protection and Other Legislation Amendment Act 2011 had not commenced.","sortOrder":281},{"sectionNumber":"ch.6-pt.7","sectionType":"part","heading":"Transitional and declaratory provisions for Environmental Offsets Act 2014","content":"# Transitional and declaratory provisions for Environmental Offsets Act 2014","sortOrder":282},{"sectionNumber":"sec.203","sectionType":"section","heading":"Application of ss 123 and 124 to particular works in a watercourse","content":"### sec.203 Application of ss 123 and 124 to particular works in a watercourse\n\nThis section applies to work if—\na development approval for the work was given under the Integrated Planning Act 1997 as in force on or after 17 October 2004 or the Sustainable Planning Act 2009 as in force before 3 August 2012; and\nthe work is or was operational work in tidal water that consists or consisted of constructing or installing works in a watercourse; and\nthe work is not, or was not, any of the following—\nerecting a sign or other structure, including, for example, a navigational aid or sign for maritime navigation, under a direction made under another Act;\nbuilding an open drain that is less than 1m deep and has a cross sectional area less than 2.5m 2 ;\nconstructing an artificial waterway;\nreclaiming land under tidal water.\nSections 123 and 124 apply to the work, and always did apply to the work, as if the work were operational work that is tidal works.\ns 203 ins 2014 No. 33 s 99\n(sec.203-ssec.1) This section applies to work if— a development approval for the work was given under the Integrated Planning Act 1997 as in force on or after 17 October 2004 or the Sustainable Planning Act 2009 as in force before 3 August 2012; and the work is or was operational work in tidal water that consists or consisted of constructing or installing works in a watercourse; and the work is not, or was not, any of the following— erecting a sign or other structure, including, for example, a navigational aid or sign for maritime navigation, under a direction made under another Act; building an open drain that is less than 1m deep and has a cross sectional area less than 2.5m 2 ; constructing an artificial waterway; reclaiming land under tidal water.\n(sec.203-ssec.2) Sections 123 and 124 apply to the work, and always did apply to the work, as if the work were operational work that is tidal works.\n- (a) a development approval for the work was given under the Integrated Planning Act 1997 as in force on or after 17 October 2004 or the Sustainable Planning Act 2009 as in force before 3 August 2012; and\n- (b) the work is or was operational work in tidal water that consists or consisted of constructing or installing works in a watercourse; and\n- (c) the work is not, or was not, any of the following— (i) erecting a sign or other structure, including, for example, a navigational aid or sign for maritime navigation, under a direction made under another Act; (ii) building an open drain that is less than 1m deep and has a cross sectional area less than 2.5m 2 ; (iii) constructing an artificial waterway; (iv) reclaiming land under tidal water.\n- (i) erecting a sign or other structure, including, for example, a navigational aid or sign for maritime navigation, under a direction made under another Act;\n- (ii) building an open drain that is less than 1m deep and has a cross sectional area less than 2.5m 2 ;\n- (iii) constructing an artificial waterway;\n- (iv) reclaiming land under tidal water.\n- (i) erecting a sign or other structure, including, for example, a navigational aid or sign for maritime navigation, under a direction made under another Act;\n- (ii) building an open drain that is less than 1m deep and has a cross sectional area less than 2.5m 2 ;\n- (iii) constructing an artificial waterway;\n- (iv) reclaiming land under tidal water.","sortOrder":283},{"sectionNumber":"sec.204","sectionType":"section","heading":"Development applications not decided on commencement that relate to tidal works","content":"### sec.204 Development applications not decided on commencement that relate to tidal works\n\nThis section applies to a development application, made but not decided on the commencement, for which the definition tidal works is relevant.\nThe application must be dealt with and decided under the definition tidal works as in force immediately before the commencement.\nIn this section—\ncommencement means the commencement of this section.\ndecided means decided under the repealed Sustainable Planning Act 2009 .\ndefinition tidal works means the schedule, definition tidal works.\ns 204 ins 2014 No. 33 s 99\namd 2016 No. 27 s 158\n(sec.204-ssec.1) This section applies to a development application, made but not decided on the commencement, for which the definition tidal works is relevant.\n(sec.204-ssec.2) The application must be dealt with and decided under the definition tidal works as in force immediately before the commencement.\n(sec.204-ssec.3) In this section— commencement means the commencement of this section. decided means decided under the repealed Sustainable Planning Act 2009 . definition tidal works means the schedule, definition tidal works.","sortOrder":284},{"sectionNumber":"ch.6-pt.8","sectionType":"part","heading":"Transitional provisions for Planning (Consequential) and Other Legislation Amendment Act 2016","content":"# Transitional provisions for Planning (Consequential) and Other Legislation Amendment Act 2016","sortOrder":285},{"sectionNumber":"sec.205","sectionType":"section","heading":"Definitions for part","content":"### sec.205 Definitions for part\n\nIn this part—\namending Act means the Planning (Consequential) and Other Legislation Amendment Act 2016 .\nformer , in relation to a provision, means the provision as in force immediately before the provision was amended or repealed under the amending Act.\ns 205 ins 2016 No. 27 s 159","sortOrder":286},{"sectionNumber":"sec.206","sectionType":"section","heading":"Change application for deemed approval","content":"### sec.206 Change application for deemed approval\n\nThis section applies to a deemed approval mentioned in section 177 if the holder of the approval makes a change application under the Planning Act for a change to the deemed approval.\nThe chief executive must decide who will be the responsible entity for the change application for the Planning Act .\nSubsection (2) applies despite the Planning Act , section 78A , but subject to subsection (5).\nFor the Planning Act —\nthe holder must also give a copy of the change application to any entity that would, if a development application had been made for the deemed approval, be the referral agency for the application; and\nthe entity is taken to be a referral agency for the change application.\nThe local government may elect not to be the responsible entity for the change application.\nSubsection (7) applies if—\nthe local government decides not to be the responsible entity for the change application; and\nthe change application is for a minor change to the approval, as defined in the Planning Act .\nThe holder is not required to give the local government a copy of the change application under the Planning Act , section 80 .\ns 206 ins 2016 No. 27 s 159\namd 2019 No. 11 s 231 s ch 1 pt 1\n(sec.206-ssec.1) This section applies to a deemed approval mentioned in section 177 if the holder of the approval makes a change application under the Planning Act for a change to the deemed approval.\n(sec.206-ssec.2) The chief executive must decide who will be the responsible entity for the change application for the Planning Act .\n(sec.206-ssec.3) Subsection (2) applies despite the Planning Act , section 78A , but subject to subsection (5).\n(sec.206-ssec.4) For the Planning Act — the holder must also give a copy of the change application to any entity that would, if a development application had been made for the deemed approval, be the referral agency for the application; and the entity is taken to be a referral agency for the change application.\n(sec.206-ssec.5) The local government may elect not to be the responsible entity for the change application.\n(sec.206-ssec.6) Subsection (7) applies if— the local government decides not to be the responsible entity for the change application; and the change application is for a minor change to the approval, as defined in the Planning Act .\n(sec.206-ssec.7) The holder is not required to give the local government a copy of the change application under the Planning Act , section 80 .\n- (a) the holder must also give a copy of the change application to any entity that would, if a development application had been made for the deemed approval, be the referral agency for the application; and\n- (b) the entity is taken to be a referral agency for the change application.\n- (a) the local government decides not to be the responsible entity for the change application; and\n- (b) the change application is for a minor change to the approval, as defined in the Planning Act .","sortOrder":287},{"sectionNumber":"sec.207","sectionType":"section","heading":"Existing particular development applications","content":"### sec.207 Existing particular development applications\n\nSubsection (2) applies to an existing development application to which former section 100A(4) applied.\nFormer section 100A(4) and (5) continues to apply in relation to the application, as if the amending Act had not been enacted.\nSubsection (4) applies to an existing development application mentioned in former section 103.\nFormer chapter 2, part 6 continues to apply in relation to the application, as if the amending Act had not been enacted.\nIn this section—\nexisting development application means a development application made under the repealed Sustainable Planning Act 2009 to which the Planning Act , section 288 applies.\ns 207 ins 2016 No. 27 s 159\n(sec.207-ssec.1) Subsection (2) applies to an existing development application to which former section 100A(4) applied.\n(sec.207-ssec.2) Former section 100A(4) and (5) continues to apply in relation to the application, as if the amending Act had not been enacted.\n(sec.207-ssec.3) Subsection (4) applies to an existing development application mentioned in former section 103.\n(sec.207-ssec.4) Former chapter 2, part 6 continues to apply in relation to the application, as if the amending Act had not been enacted.\n(sec.207-ssec.5) In this section— existing development application means a development application made under the repealed Sustainable Planning Act 2009 to which the Planning Act , section 288 applies.","sortOrder":288},{"sectionNumber":"sec.208","sectionType":"section","heading":"Development approval that includes a land surrender condition","content":"### sec.208 Development approval that includes a land surrender condition\n\nThis section applies to a development approval that includes a land surrender condition under former section 110.\nFormer section 115B continues to apply in relation to the condition as if the amending Act had not been enacted.\ns 208 ins 2016 No. 27 s 159\n(sec.208-ssec.1) This section applies to a development approval that includes a land surrender condition under former section 110.\n(sec.208-ssec.2) Former section 115B continues to apply in relation to the condition as if the amending Act had not been enacted.","sortOrder":289}],"analysis":{"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.15 and sec.18A","severity":"high","reasoning":"Section 15 states the coastal zone means the part of the State shown as the coastal zone on the coastal zone map. Section 18A(1) states the coastal zone map is a map certified by the chief executive showing the coastal zone. Neither definition has independent content - you cannot know what the coastal zone is without the map, and you cannot know what the map shows without knowing what the coastal zone is. While sec.18A(2)-(3) provides geographic parameters (5km landward of high-water mark, 10m AHD), the primary definitional architecture is circular.","confidence":0.88,"description":"Circular definition of the coastal zone: sec.15 defines the coastal zone as the area shown on the coastal zone map, while sec.18A defines the coastal zone map as a map showing the coastal zone. Each definition depends entirely on the other for its meaning."},{"type":"other","section":"sec.33","severity":"low","reasoning":"The phrase 'had effect' is past tense, suggesting the plan has already ceased, yet the provision is calculating when it ceases. This is a minor drafting ambiguity rather than a fundamental absurdity, but the tense creates logical tension.","confidence":0.55,"description":"The coastal plan duration provision creates a temporal paradox: the plan ends 10 years after 'the day the coastal plan had effect' under s33(1)(b), but s33(2) allows a regulation to prescribe an earlier or different end day. The phrase 'the day the coastal plan had effect' is ambiguous - it could mean the day it commenced or the day it ceased, creating a self-referential problem in calculating the 10-year period."},{"type":"impossible_compliance","section":"sec.54(6) and sec.57(2)(a)","severity":"medium","reasoning":"The consultation notice under s57 must circulate throughout the coastal management district before it is declared. The district has no legal existence yet, so the geographic boundary for the circulation requirement is undefined at the time the notice must be published. This is a genuine logical impossibility in a strict sense, though in practice newspapers with general circulation would be used.","confidence":0.72,"description":"When a new coastal management district is declared, the chief executive must publish notice 'circulating generally throughout the control district' (s54(6)). However, before the regulation is made under s57(2)(a), the notice must also be published 'in a newspaper circulating generally throughout the coastal management district'. For a brand new district, there is no pre-existing district to circulate notice throughout, making prior public notice of a proposed declaration logically impossible to confine to the area of a district that does not yet exist."},{"type":"self_contradicting","section":"sec.62(2)","severity":"high","reasoning":"The Act expressly grants a right of appeal in s59(5) and s60(7). Section 62(2) then lists 'appeals against the giving of the notice' as one of the conditions activating forfeiture. Read literally, if a person both fails to comply AND appeals, or simply appeals, the forfeiture provisions are triggered. This creates an absurd situation where exercising a statutory right triggers an adverse consequence. The subsection likely intends to describe two separate pathways to resolution (non-compliance vs appeal), but the disjunctive 'or' and the bracketing together of non-compliance and appeal as equivalent triggers is a serious drafting flaw.","confidence":0.85,"description":"Section 62(2) states that property is forfeited if 'the person does not comply with the notice, OR appeals against the giving of the notice'. This drafting means that a person who lodges an appeal (exercising a right explicitly granted by s59(5) and s60(7)) triggers the forfeiture mechanism, effectively penalising the exercise of a statutory right of appeal."},{"type":"other","section":"sec.4(e)","severity":"low","reasoning":"While cross-referencing other legislation is a legitimate drafting technique, listing it as a primary mechanism for achieving the Act's own objects is tautological. It says 'we achieve what this Act is for by using other Acts to achieve what this Act is for.' It adds no operative content.","confidence":0.65,"description":"The Act states one mechanism for achieving its objects is 'using other relevant legislation wherever practicable to achieve the objects of this Act.' This creates an internal redundancy: the Act achieves its own objects by using other legislation to achieve those same objects, effectively outsourcing its own purpose without substantive content."},{"type":"other","section":"sec.16","severity":"medium","reasoning":"Delegating the definition of a core concept to an external non-statutory document creates legal instability. If the National Strategy is amended or withdrawn, the definition in the Act becomes void or changes automatically. This is an ambulatory reference to a policy document rather than legislation, which is constitutionally and practically problematic.","confidence":0.78,"description":"Ecologically sustainable development is defined entirely by reference to the meaning given by the National Strategy for Ecologically Sustainable Development, which is a non-legislative policy document that can be amended or replaced by the Commonwealth at any time without Parliamentary oversight, potentially altering a fundamental definition in Queensland legislation without any Queensland legislative process."},{"type":"retroactive_impossibility","section":"sec.65(5)(b)","severity":"medium","reasoning":"If the seller fails to comply with ss(2) or (3), the agreement is 'of no effect'. Yet the buyer can affirm the sale within 30 days after settlement. This means a settlement can validly occur on a void agreement, and then be retroactively validated. Property cannot both be transferred on a void agreement and then validated after transfer - the conveyancing steps taken during the void period create significant legal uncertainty about the chain of title.","confidence":0.82,"description":"Section 65(5)(b) allows a buyer to affirm a sale 'within 30 days after settlement' when the seller has not disclosed an undischarged notice. This means a legally void agreement (per s65(5)) can be retroactively validated after settlement has already occurred - i.e., after completion of a transaction that had no legal effect at the time it was completed."},{"type":"other","section":"sec.23","severity":"medium","reasoning":"Who determines whether non-compliance adversely affected public awareness? The section provides no answer. It would fall to a court on challenge, but the Act provides no procedure for this, meaning the validity of the entire coastal plan is perpetually contingent on an unresolved question.","confidence":0.7,"description":"Section 23 validates a coastal plan made in substantial (but not full) compliance with the prescribed process, provided non-compliance has not adversely affected public awareness or restricted submissions. However, the section itself is the mechanism for determining whether the plan is valid despite non-compliance. There is no prescribed decision-maker or process for making this determination, creating an absurdity where validity depends on an unresolved factual question with no resolution mechanism specified."},{"type":"other","section":"sec.10","severity":"low","reasoning":"While 'neighbouring' is a commonly used term, as a definitional element in legislation it creates genuine interpretive uncertainty. Combined with the word 'all areas', the definition could be read very broadly. This is a low-severity drafting issue as courts would apply a purposive construction, but it is logically flawed.","confidence":0.6,"description":"The definition of 'coast' as 'all areas within or neighbouring the foreshore' uses 'neighbouring' without any defined distance or criterion. Theoretically, every point in Queensland is 'neighbouring' to the foreshore in some sense, making the definition potentially unbounded and meaningless."}],"contradictions":[{"severity":"high","section_a":"sec.54(2)","section_b":"sec.57(1)","confidence":0.9,"description":"Section 54(2) allows the Minister to immediately declare a coastal management district by written notice 'only if the Minister considers the area requires immediate protection or management', bypassing the regulation process. Section 57(1) requires public notice and a minimum 40-business-day consultation period before any regulation declaring a coastal management district is made. The Minister's notice power under s54(2) entirely circumvents the public participation requirements mandated by s57."},{"severity":"medium","section_a":"sec.5","section_b":"sec.27(2)","confidence":0.68,"description":"Section 5 requires every entity exercising a power under the Act to do so in a way that advances the Act's objects. Section 27(2) gives the Minister an unqualified discretion ('may') to make the coastal plan with or without amendments after considering submissions, with no requirement that the resulting plan actually advances the Act's objects. A Minister could theoretically make a plan that undermines coastal protection and still comply with s27(2)."},{"severity":"low","section_a":"sec.33(1)(b)","section_b":"sec.33(2)-(3)","confidence":0.55,"description":"Section 33(1)(b) states the coastal plan ends 10 years after it had effect. Sections 33(2)-(3) allow a regulation to prescribe an end day of up to 12 years - described as an exception 'despite' s33(1)(b). However, s33(3) states the prescribed day must not be more than 12 years, while s33(1)(b) sets the default at 10 years. If the regulation can extend to 12 years, this contradicts the 10-year cap in s33(1)(b) without the 'despite' clause clearly establishing a hierarchy for all scenarios, particularly whether the regulation could also shorten the period below 10 years."},{"severity":"low","section_a":"sec.59(1)","section_b":"sec.60(5)","confidence":0.62,"description":"Section 59(1) states that coastal protection notices apply 'only to activity in a coastal management district'. Section 60(5) allows a tidal works notice (which has similar enforcement mechanisms) to be given by newspaper notice circulating 'throughout the coastal management district', but tidal works are not limited to coastal management districts under s60(1)-(4). The geographic scope of tidal works notices is broader than coastal protection notices, yet both share identical publication and enforcement mechanisms, creating inconsistency in their application."},{"severity":"medium","section_a":"sec.58A(4)","section_b":"sec.57(1)","confidence":0.75,"description":"Section 58A(4) expressly declares that no public notice is required for amendments to coastal management districts made automatically under s58A. Section 57(1) mandates public notice before any regulation changing boundaries of a coastal management district. While s58A applies to legacy districts under s169 rather than regulation-declared districts, the Act permits consequential boundary changes affecting landowners' rights with no public participation, directly contrary to the public consultation philosophy embodied in s57."},{"severity":"low","section_a":"sec.20","section_b":"sec.34(1)","confidence":0.5,"description":"Section 20 places the obligation to prepare the coastal plan on the Minister. Section 34(1) places the obligation to implement the coastal plan on the chief executive. There is no provision requiring coordination between these two obligations or addressing what occurs if the chief executive considers the Minister's plan unimplementable, creating a structural tension between policy-making and operational accountability."},{"severity":"medium","section_a":"sec.19","section_b":"sec.68(8)","confidence":0.65,"description":"Section 19 states the Act binds the State. Section 68(8) exempts the chief executive from paying compensation for temporary occupation of land where the right to do the relevant thing is given under another Act, even if conditions under that other Act have not been performed. This creates a situation where the State (through the chief executive) can avoid compensation obligations by relying on an authority granted under another Act whose conditions it has not met, potentially allowing the State to benefit from its own non-compliance with other legislation."}]},"kimi_summary":{"_metrics":{"completionTokens":814},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1995 scope. Major expansions include: (1) 2001 amendments added quarry materials management, artificial waterways/canal regulation, and dissolved the Beach Protection Authority; (2) 2011 amendments introduced the coastal zone map system, removed the Coastal Protection Advisory Council, and restructured coastal plan requirements; (3) 2016 amendments integrated with the new Planning Act framework. The original focus on beach protection and erosion control has broadened to encompass climate change adaptation, biodiversity conservation, and complex development approval integration."},"complexity_factors":["Extensive cross-referencing with other Queensland legislation (Planning Act, Land Title Act, Land Act, Fisheries Act, Marine Parks Act, Nature Conservation Act, etc.)","Multiple overlapping regulatory mechanisms: coastal plans, coastal management districts, erosion prone areas, and allocation notices each with separate processes","Detailed transitional provisions spanning 6 separate amending acts across 20+ years (1995, 2001, 2003, 2004, 2009, 2011, 2014, 2016)","Conditional logic in land surrender requirements with multiple triggers and exceptions (sections 110-115)","Nested definitions: 'artificial waterway' excludes 9 categories but includes 4 categories, with 'access channel' and 'canal' having their own technical definitions","Deemed approvals and savings provisions converting old permits under repealed legislation (Harbours Act, Beach Protection Act, Canals Act) into modern development approvals","Dual pathways for declaring coastal management districts: by regulation (permanent) or by Ministerial notice (temporary, 6-month expiry)"],"plain_english_summary":"**What this law does:**\n\nThis is Queensland's main law for protecting and managing the state's coastline. It sets up a framework to balance environmental protection with sustainable development along the coast.\n\n**Key things it covers:**\n\n- **Coastal zone protection** — Defines a \"coastal zone\" (generally land within 5km of the high-water mark or below 10m elevation) and requires a **coastal plan** to guide how this area is managed. The plan must be reviewed every 10 years and considers climate change effects.\n\n- **Special protection areas** — Allows declaration of **coastal management districts** (areas needing extra protection) and **erosion prone areas** (where building restrictions apply). The chief executive can issue notices requiring landowners to protect land from erosion or remove unsafe structures.\n\n- **Quarry materials** — Controls removal of sand, gravel and other materials from tidal waters through an allocation system with conditions and royalties.\n\n- **Land surrender requirements** — When land in sensitive coastal areas is subdivided, owners may be required to surrender part of their land to the State for public coastal management purposes.\n\n- **Artificial waterways** — Sets rules for canals and other artificial waterways, including that canals must be surrendered to the State as public waterways.\n\n- **Enforcement** — Authorised officers can enter land to inspect compliance, and the Planning and Environment Court can issue orders to stop harmful activities.\n\n**Who it affects:**\n- Landowners in coastal areas, especially those near erosion-prone zones\n- Developers proposing coastal subdivisions or artificial waterways\n- Local governments (who maintain surrendered canals)\n- Anyone removing materials from tidal waters\n- The State government and its agencies\n\n**Why it matters:**\nThe law tries to prevent inappropriate development that could damage beaches, dunes and coastal ecosystems, while still allowing reasonable use. It recognises Aboriginal and Torres Strait Islander connections to coastal land and requires regular public reporting on coastal health."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has evolved significantly from its original 1995 form. Major amendments in 2001 substantially restructured and expanded the Act, including adding detailed provisions on artificial waterways, canals, State coastal land, quarry material allocation, erosion prone areas, and vegetation protection. The 2011 amendments replaced the entire coastal plan framework with a streamlined system, removing numerous sections and replacing them with a more consolidated process. Climate change considerations were added as a mandatory factor in coastal planning. The original scope was primarily about protection and conservation planning; the current Act extends to active management, enforcement powers, quarry material regulation, and detailed procedural requirements — a considerably broader operational mandate than initially enacted."},"complexity_factors":["Multiple interlocking regulatory frameworks — the Act operates alongside the Planning Act, Environmental Protection Act, Fisheries Act, Marine Parks Act, Nature Conservation Act, Land Title Act, and others","Layered geographic definitions — the 'coastal zone,' 'coastal management districts,' and 'erosion prone areas' are distinct legal concepts with different rules applying to each","Complex definitional provisions — definitions of 'artificial waterway,' 'canal,' and 'access channel' contain extensive inclusions and exclusions requiring careful reading","Multiple instruments with different legal statuses — regulations, ministerial notices, the coastal plan (a statutory instrument), and certified maps each carry different legal weight and amendment processes","Procedural requirements for plan-making — different consultation timelines apply for making (40 business days), amending (20 business days), and administrative amendments (no consultation) of the coastal plan","Enforcement mechanisms operate across multiple parties — joint and several liability between landowners and builders, obligations binding on purchasers of affected land, and forfeiture provisions for unallocated State land","Multiple amendments over time (1999, 2001, 2004, 2005, 2007, 2009, 2010, 2011, 2012, 2014, 2016) have substantially restructured provisions, with many original sections omitted and replaced","Aboriginal and Torres Strait Islander cultural heritage and customary rights must be integrated across decision-making at multiple points","The quarry material allocation regime involves balancing environmental, economic, social and marine safety considerations across multiple interacting frameworks"],"plain_english_summary":"## Coastal Protection and Management Act 1995 (Queensland)\n\n### What is this law?\nThis is a Queensland law that manages and protects Queensland's coastline — everything from the beach and tidal waters out to sea, and inland up to 5km from the high-water mark (or where land reaches 10 metres above sea level, whichever is closer to the coast).\n\n### Who does it affect?\n- **Property owners and developers** near the coast — especially those in declared 'coastal management districts' or 'erosion prone areas,' where stricter rules apply to what you can build and where\n- **Landowners along the foreshore** who may receive legal notices (coastal protection notices or tidal works notices) requiring them to take protective action, stop harmful activities, or remove/repair structures\n- **Buyers and sellers of coastal property** — sellers must disclose any outstanding legal notices before settlement or risk the sale being voided\n- **Businesses** wanting to extract sand, gravel or other materials (quarry materials) from tidal waters — they need an allocation from the government\n- **Local governments and port operators** — they must participate in planning processes and comply with coastal management requirements\n- **Aboriginal people and Torres Strait Islanders** — their traditional connections to coastal land must be considered in all planning decisions\n- **The general public** — who have rights to participate in drafting and review of the coastal plan\n\n### What does it actually do?\n1. **Defines the coastal zone** using maps certified by the chief executive and approved by regulation — this is the area where the law applies\n2. **Requires a Coastal Plan** to be prepared by the Minister, with public consultation (at least 40 business days for submissions), describing how the coastline will be managed. The plan lasts up to 10–12 years\n3. **Allows declaration of Coastal Management Districts** — special zones within the coastal area needing extra development controls. A 'coastal building line' can be fixed, restricting where buildings can be placed\n4. **Allows declaration of Erosion Prone Areas** — areas at risk of erosion or flooding, where development is more tightly controlled\n5. **Gives government enforcement powers** — including issuing formal notices to people to protect land, stop damaging activities, or repair/remove structures. If you ignore a notice, the government can act and bill you for the cost\n6. **Regulates quarry material extraction** from tidal waters (like sand dredging), requiring applications and consideration of environmental impacts\n7. **Protects coastal vegetation and dunes** on State-owned coastal land — damaging them without approval is an offence\n8. **Requires regular reporting** on the state of the coastal zone\n\n### Why does it matter to you?\n- If you own coastal property, you may be in a coastal management district or erosion prone area — this affects what you can build and where\n- If you're **buying** coastal property, check for any undischarged legal notices — the seller must tell you, and if they don't, the sale could be voided\n- If you live near the coast, government officers can temporarily enter and use your land for protective works (with at least 7 days notice, and you can claim compensation)\n- Fines are significant: up to **3,000 penalty units** (currently around $465,000 in Queensland) for breaching a coastal protection or tidal works notice"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original 1995 Act was primarily a replacement for the Beach Protection Act 1968, focusing on coastal management districts and erosion prone areas. Subsequent amendments, particularly in 2001, 2011, and 2016, significantly expanded its scope to include a coastal zone map, mandatory coastal plans, a comprehensive quarry material allocation system, regulation of artificial waterways and canals, climate change considerations, and land surrender requirements for subdivisions. The Act now covers a much broader range of coastal management activities than its original intent."},"complexity_factors":["Over 200 sections with numerous parts and divisions","Extensive dictionary of defined terms in the schedule","Heavy cross-referencing to other Acts (Planning Act, Land Act, Fisheries Act, etc.)","Nested conditional logic in provisions like sections 59, 60, 110–115","Multiple amendment histories with transitional provisions for each major amendment","Complex processes for coastal plan creation, amendment, and replacement","Detailed criteria for decisions on quarry material allocations, land surrender, and coastal protection notices","Multiple mechanisms for enforcement, appeals, and compensation with different timeframes"],"plain_english_summary":"This Queensland law manages the state's coastline. It defines the 'coastal zone' (the area between the sea and a line up to 5 km inland or 10 m above sea level) and requires a map of that zone. The Minister must create a 'coastal plan' that sets out how the coast will be managed, including policies on public access and climate change. The plan is made after public consultation. The law also allows the government to declare 'coastal management districts' – areas needing special protection – and 'erosion prone areas' where development is restricted. Within these districts, the government can issue notices ordering landowners to protect land or remove unsafe structures. The law controls the removal of sand and gravel from tidal waters through a licensing system. It also regulates the construction of canals and artificial waterways, requiring them to be surrendered to the state as public waterways. Land in coastal management districts may need to be surrendered to the state when subdivided. Local governments must maintain canals. The law gives authorised officers powers to enter land, inspect, and enforce compliance. Penalties apply for offences like unauthorised removal of quarry material. The Act replaces earlier beach protection laws and includes transitional arrangements for existing approvals."}},"importantCases":[],"_links":{"self":"/api/acts/coastal-protection-and-management-act-1995","history":"/api/acts/coastal-protection-and-management-act-1995/history","analysis":"/api/acts/coastal-protection-and-management-act-1995/analysis","conflicts":"/api/acts/coastal-protection-and-management-act-1995/conflicts","importantCases":"/api/acts/coastal-protection-and-management-act-1995/important-cases","documents":"/api/acts/coastal-protection-and-management-act-1995/documents"}}