NSWIn ForceAct
Coastal Management Act 2016
20Minister to prepare coastal management programs in certain circumstances
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#### 20 Minister to prepare coastal management programs in certain circumstances
20 Minister to prepare coastal management programs in certain circumstances
> > (1) If—
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> > > (a) a local council has failed to comply with a direction under this Part, or
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> > > (b) the Minister has refused to certify a draft coastal management program under section 17,
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> > the Minister may prepare and adopt a coastal management program for the local council as if the Minister were the local council.
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> > (2) The provisions of this Part apply, subject to the regulations with all necessary modifications, to the Minister in the preparation and adoption of the coastal management program.
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> > (3) A coastal management program certified by the Minister and adopted under this section is taken to have been adopted by the local council in accordance with this Part.
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> > (4) The Minister is to seek the advice of the NSW Coastal Council in the preparation and adoption of a coastal management program under this section.
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> > (5) The local council is to co-operate with the Minister in the preparation and adoption of the coastal management program.
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> > (6) The Minister may, by notice in writing given to a local council, require the local council to provide the Minister with such information or records (or both) as the notice requires in connection with the preparation and adoption of the coastal management program.
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> > (7) A local council is to comply with a notice given under this section.
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> > (8) The Minister may recover from the local council concerned the costs of the Minister in carrying out functions under this section as a debt in any court of competent jurisdiction.
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> > (9) Nothing in this section prevents the Minister from reporting any failure by a local council to comply with a direction under section 13 (1) or 14 (2) to the Minister administering the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) in accordance with section 30.