105AErosion or siltation in certain ports

105A Erosion or siltation in certain ports

105A Erosion or siltation in certain ports

(1) In this section—

prescribed land means land that is within a distance of 10 metres measured horizontally on the landward side—

(a) from the top of the bank of any non-tidal waters, or

(b) from high water mark on the shore of any tidal waters,

being in each case waters of which the bed is vested in Transport for NSW.

prescribed work means—

(a) excavation, or

(b) removal of soil, sand, gravel, stone, rock or other material from land, or

(c) removal of a retaining wall.

public authority means—

(a) Transport for NSW, or

(b) any other body, corporate or unincorporate, constituted by an Act where the Governor or a Minister of the Crown appoints one or more of the members of the body, or

(c) a corporation constituted by an Act, or

(d) a council or a county council within the meaning of the Local Government Act 1993.

(2) A person (other than a public authority) must not carry out any prescribed work on prescribed land except in accordance with an approval (and any conditions of the approval) in writing from Transport for NSW.

Maximum penalty—100 penalty units.

(3) If Transport for NSW is satisfied—

(a) that the bank or shore of any waters of which the bed is vested in Transport for NSW is being eroded or is likely to be eroded, or

(b) that any material of any kind is being deposited, or is likely to be deposited, on the bed or shore of any such waters,

by reason of or as a result of—

(c) the carrying out on any land of any prescribed work (whether or not the person carrying out the work is liable to a penalty under subsection (2)), or

(d) the demolition, collapse, partial collapse or disrepair of or any damage to, a retaining wall or other structure on any land,

Transport for NSW may give to the prescribed person in relation to the land the notice specified in subsection (5).