QLDIn ForceAct
Coastal Protection and Management Act 1995
sec.167Regulation-making power
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### sec.167 Regulation-making power
The Governor in Council may make regulations under this Act.
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.
A regulation may prescribe when the chief executive may waive a royalty, or waive or refund a fee, payable under this Act.
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.
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.
s 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 )
(sec.167-ssec.1) The Governor in Council may make regulations under this Act.
(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.
(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.
(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.
(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.
- (a) access to unallocated State land in a coastal management district;
- (b) activities in a coastal management district;
- (c) the presence and use of vehicles and vessels in a coastal management district;
- (d) the impounding, removal and disposal of vehicles, vessels, aircraft or property found abandoned in a coastal management district;
- (e) requirements for erecting or altering a building or other structure on land in an erosion prone area;
- (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;
- (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;
- (h) exemption from compliance with provisions of the coastal plan.
- (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
- (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
- (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
- (d) for schedule 2 of that Act, definition prescribed tidal works , the type of tidal works that are prescribed tidal works.