sec.19Applying planning scheme in tidal areas

### sec.19 Applying planning scheme in tidal areas A local government may apply a planning scheme as a categorising instrument in relation to prescribed tidal works in the tidal area for its local government area— even if the tidal area is outside its local government area; and to the extent prescribed under the Coastal Act , section 167 (5) (c) . However, subsection (1) does not apply to the extent the tidal area for the local government’s local government area is also the tidal area for strategic port land. In this section— strategic port land see the Transport Infrastructure Act , section 286 (5) . tidal area , for a local government area or strategic port land, means— the part or parts of a river, stream or artificial waterway that are— tidal water in or next to the area or land; and between the high water mark and the middle of the river, stream or artificial waterway; and to the extent the boundary of the area or land is, or is seaward of, the high water mark and outside a river, stream or artificial waterway—tidal water that is seaward and within 50m of the high water mark. tidal water see the Coastal Act , schedule . s 19 sub 2017 No. 12 s 32 (sec.19-ssec.1) A local government may apply a planning scheme as a categorising instrument in relation to prescribed tidal works in the tidal area for its local government area— even if the tidal area is outside its local government area; and to the extent prescribed under the Coastal Act , section 167 (5) (c) . (sec.19-ssec.2) However, subsection (1) does not apply to the extent the tidal area for the local government’s local government area is also the tidal area for strategic port land. (sec.19-ssec.3) In this section— strategic port land see the Transport Infrastructure Act , section 286 (5) . tidal area , for a local government area or strategic port land, means— the part or parts of a river, stream or artificial waterway that are— tidal water in or next to the area or land; and between the high water mark and the middle of the river, stream or artificial waterway; and to the extent the boundary of the area or land is, or is seaward of, the high water mark and outside a river, stream or artificial waterway—tidal water that is seaward and within 50m of the high water mark. tidal water see the Coastal Act , schedule . - (a) even if the tidal area is outside its local government area; and - (b) to the extent prescribed under the Coastal Act , section 167 (5) (c) . - (a) the part or parts of a river, stream or artificial waterway that are— (i) tidal water in or next to the area or land; and (ii) between the high water mark and the middle of the river, stream or artificial waterway; and - (i) tidal water in or next to the area or land; and - (ii) between the high water mark and the middle of the river, stream or artificial waterway; and - (b) to the extent the boundary of the area or land is, or is seaward of, the high water mark and outside a river, stream or artificial waterway—tidal water that is seaward and within 50m of the high water mark. - (i) tidal water in or next to the area or land; and - (ii) between the high water mark and the middle of the river, stream or artificial waterway; and