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Coastal Protection and Management Act 1995
sec.59Coastal protection notices
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### sec.59 Coastal protection notices
This section applies only to activity in a coastal management district.
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.
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.
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.
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 .
The person must comply with the notice.
Maximum penalty for subsection (6) —3,000 penalty units.
s 59 amd 2001 No. 93 s 24 sch ; 2011 No. 6 s 19
(sec.59-ssec.1) This section applies only to activity in a coastal management district.
(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.
(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.
(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.
(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 .
(sec.59-ssec.6) The person must comply with the notice. Maximum penalty for subsection (6) —3,000 penalty units.
- (a) to take the reasonable action stated in the notice to protect land; or
- (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.
- (i) an adverse effect on coastal resources; or
- (ii) wind erosion.
- (i) an adverse effect on coastal resources; or
- (ii) wind erosion.
- (a) in a newspaper circulating generally throughout the district; or
- (b) if the notice is about activity over land—by displaying it in a prominent position on the land.
- (a) to build or maintain works; or
- (b) to plant, cultivate or preserve, or not damage, vegetation native to the coastal management district; or
- (c) not to alter the geographical features of land; or
- (d) to do anything else necessary to protect land from wind erosion; or
- (e) to restore land; or
- (f) to remove stock from land.