Queensland: Coastal Protection and Management Act 1995 (Qld)

Coastal Protection and Management Act 1995 An Act about the protection and management of the coast, and for related purposes Chapter 1 Preliminary Part 1 Introduction 1 Short title This Act may be cited as the Coastal Protection and Management Act 1995. 2 Commencement This Act commences on a day to be fixed by proclamation. Part 2 Objects and achievement of coastal management 3 Main objects of Act The main objects of this Act are to— (a) provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; and (b) have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone; and (c) ensure decisions about land use and development safeguard life and property from the threat of coastal hazards; and (d) encourage the enhancement of knowledge of coastal resources and the effect of human activities on the coastal zone. 4 How objects of Act are to be achieved The objects of this Act are to be achieved by coordinated and integrated planning and decision-making, involving, among other things, the following— (a)Coastal zone • Defining the coastal zone, which is the area to which this Act applies. (b)Coastal plan • Preparing a coastal plan that— • identifies coastal resources • states policies for coastal management • is developed in consultation with the public • has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders. (c)Coastal management districts • Declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices. (d)Erosion prone areas • Declaring erosion prone areas in the coastal zone as areas where particular development requirements are applied. (e)Use of other legislation • Using other relevant legislation wherever practicable to achieve the objects of this Act. (f)Monitoring, reporting and review • Requiring the chief executive to prepare and publish a report on the state of the coastal zone on a regular basis. 5 Advancing Act's objects If, under this Act, a function or power is conferred on an entity, the entity must perform the function or exercise the power in a way that advances the Act's objects. Part 3 Interpretation Division 1 Dictionary 6 Definitions The dictionary in the schedule defines particular words used in this Act. Division 2 Other definitions 7 Meaning of access channel (1) Access channel means an artificial channel constructed in tidal water and connected, or intended to be connected, to a canal. (2) Without limiting subsection (1), access channel includes— (a) training walls or other works associated with the channel; and (b) additions or alterations to the channel, training walls or other works. 8 Meaning of artificial waterway (1) Artificial waterway means an artificial channel, lake or other body of water. (2) Without limiting subsection (1), artificial waterway includes— (a) an access channel; and (b) an artificial channel that— (i) is formed because land has been reclaimed from tidal water; and (ii) is intended to allow boating access to allotments on subdivided land; and (c) other artificial channels subject to the ebb and flow of the tide; and (d) any additions or alterations to an artificial waterway. (3) However, artificial waterway does not include the following— (a) a swimming pool; (b) an ornamental pond of no more than 5,000m2 in area; (c) a pond— (i) for aquaculture; or (ii) for treating effluent; (d) a freshwater storage reservoir for domestic water supply; (e) a water storage facility— (i) situated on a natural watercourse; and (ii) used for irrigation or other agricultural purposes; (f) a part of a river, creek or stream in which water flows in a natural channel, whether artificially improved or not; (g) a drain for carrying stormwater or other material; (h) any of the following used for accessing port infrastructure if constructed in the area of a port for which a port authority or port operator is responsible— (i) a navigation channel; (ii) a harbour swing basin; (iii) a berth pocket; (iv) a berth approach or departure path. 9 Meaning of canal (1) Canal means an artificial waterway— (a) connected, or intended to be connected, to tidal water; and (b) from which boating access to the tidal water is not hindered by a lock, weir or similar structure. (2) Canal includes a canal surrendered to the State under the Canals Act, section 13(4). (3) However, canal does not include any part of tidal water containing facilities that are used commercially or by members of a club or association for 1 or more of the following— (a) boat launching, landing, berthing or storing; (b) boat repairs of a minor nature; (c) boat provisioning, fuelling or servicing; (d) recreation, comfort and convenience of persons who own or use boats. (4) Also, canal does not include an artificial waterway that intersects, or is connected to, inundated land or leased land if a registered proprietor of the land or lessee of the leased land may restrict or prohibit the use or movement of vessels in water on the land. (5) In this section— registered proprietor, of land, means a person recorded in the freehold land register under the Land Title Act 1994 as a proprietor of the land. 10 Meaning of coast The coast means all areas within or neighbouring the foreshore. 11 Meaning of coastal management Coastal management includes— (a) the protection, conservation, rehabilitation and management of the coastal zone and coastal resources; and (b) the ecologically sustainable development of the coastal zone. 12 Meaning of coastal resources Coastal resources means the natural and cultural resources of the coastal zone. 13 Meaning of coastal waters Coastal waters means Queensland waters to the limit of the highest astronomical tide. 14 Meaning of coastal wetlands Coastal wetlands include tidal wetlands, estuaries, salt marshes, melaleuca swamps (and any other coastal swamps), mangrove areas, marshes, lakes or minor coastal streams regardless of whether they are of a saline, freshwater or brackish nature. 15 Meaning of coastal zone The coastal zone means the part of the State comprising the following— (a) Queensland waters and land within the area shown as the coastal zone on the coastal zone map; (b) the airspace above the surface of the area mentioned in paragraph (a); (c) the subsoil below the surface of the area mentioned in paragraph (a). 16 Meaning of ecologically sustainable development Ecologically sustainable development has the meaning given by the National Strategy for Ecologically Sustainable Development. 17 Meaning of State coastal land (1) State coastal land means land in a coastal management district other than land that is— (a) freehold land, or land contracted to be granted in fee simple by the State; or (b) a State forest or timber reserve under the Forestry Act 1959; or (c) in a watercourse or lake as defined under the Water Act 2000; or (d) subject to a lease or licence issued by the State. (2) In this section— licence includes a permit or other authority issued under any Act relating to mining, but does not include a permit issued under the Land Act 1994, section 177(1). Division 3 General 18 Aboriginal people and Torres Strait Islanders particularly concerned with land Aboriginal people and Torres Strait Islanders are particularly concerned with land if— (a) they are members of a group that has a particular connection with land under Aboriginal tradition or Island custom; or (b) they live on or use the land or neighbouring land. Part 3A Coastal zone map 18A What is the coastal zone map (1) The coastal zone map is a map certified by the chief executive showing the coastal zone. (2) The coastal zone may include only— (a) coastal waters; and (b) land and Queensland waters landward of coastal waters and seaward of the coastal zone inner limit. (3) For subsection (2), the coastal zone inner limit is, subject to subsection (4), the imaginary line every point of which represents the most landward of the following points— (a) the point that is 5km landward of the high-water mark; (b) the point nearest the high-water mark where land reaches the height of 10m Australian Height Datum. (4) If the imaginary line mentioned in subsection (3) intersects a lot, the line may follow either the seaward or landward boundary of the lot instead of following the imaginary line. 18B Amending the coastal zone map The chief executive may amend a coastal zone map (the old map) by— (a) replacing the map; and (b) certifying a coastal zone map that replaces the old map. 18C When coastal zone map takes effect (1) The coastal zone map, or a map replacing a coastal zone map, does not take effect until a regulation approves the map. (2) The regulation must state the day on which the map was certified by the chief executive. (3) A reference to a coastal zone map is taken to include any replacement under subsection (1) that has taken effect. 18D Public inspection and purchase of coastal zone map (1) The chief executive must keep the coastal zone map available for inspection by the public during office hours on business days at— (a) the head office and each regional office of the department; and (b) at other places the chief executive considers appropriate. (2) On payment of a fee decided by the chief executive, a person may buy a copy of the coastal zone map. (3) The fee for a copy of the coastal zone map must not be more than the reasonable cost of publishing the map. (4) The chief executive must publish the digital electronic form of the coastal zone map on the department's website. Part 4 Application of Act 19 Act binds all persons This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States. Chapter 2 Coastal management Part 1 Coastal plan Division 1 Requirement for coastal plan 20 Coastal plan must be prepared The Minister must prepare a coastal plan for the coastal zone. 21 Content of coastal plan (1) The coastal plan must describe how the coastal zone is to be managed. (2) In preparing the coastal plan, the Minister must consider— (a) public access to the foreshore; and (b) the effect of climate change on coastal management. (3) The coastal plan may include either or both of the following— (a) a map or series of maps showing coastal resource information; (b) requirements about coastal resources or land management in the coastal zone. 22 Process for making, amending or replacing coastal plan (1) The process stated in divisions 2 and 3 must be followed for making, amending or replacing the coastal plan. (2) A regulation may state an additional requirement to be followed for making, amending or replacing the coastal plan. (3) If a regulation under subsection (2) states an additional requirement, the requirement must be complied with. 23 Compliance with divs 2 and 3 and regulation under s 22 (2) Despite divisions 2 and 3 and any regulation made under section 22(2), if a coastal plan is made, amended or replaced in substantial compliance with the process stated in the divisions and regulation, the coastal plan, amendment or replacement is valid so long as any noncompliance has not— (a) adversely affected the awareness of the public of the existence and nature of the proposed coastal plan, amendment or replacement; or (b) restricted the opportunity of the public to make properly made submissions about the proposed coastal plan, amendment or replacement under the process stated in the divisions and regulation. Division 2 Making coastal plan 24 Preparation of draft coastal plan Before making the coastal plan, the Minister must prepare a draft of the plan. 25 Notice about draft coastal plan (1) The Minister must publish a notice about a draft coastal plan prepared under section 24 in— (a) the gazette; and (b) a newspaper circulating generally in Queensland. (2) The notice must state the following— (a) that the draft plan is available for inspection and purchase; (b) where copies of the draft plan may be inspected and purchased, including, for example, the department's website; (c) a contact telephone number for information about the draft plan; (d) that written submissions about any aspect of the draft plan may be given by any person to the Minister; (e) the period (the consultation period) during which the submissions may be made; (f) the requirements for a properly made submission. (3) The consultation period must be at least 40 business days after the day the notice is gazetted. (4) The Minister must give a copy of the notice and draft plan to— (a) each local government, port authority and port operator within the area covered by the draft plan; and (b) any other group or person the Minister considers appropriate. (5) A local government, port authority or port operator receiving a copy of the draft plan must make the copy available for inspection by the public. 26 Keeping draft coastal plan available for inspection (1) For the duration of the consultation period, the Minister must— (a) keep the draft coastal plan available for inspection by members of the public during office hours on business days at— (i) the head office and each regional office of the department; and (ii) other places the chief executive considers appropriate; and (b) publish a copy of the draft plan on the department's website. (2) On payment of a fee decided by the chief executive, a person may buy a copy of the draft plan. (3) The fee for a copy of the draft plan must not be more than the reasonable cost of publishing the copy. 27 Making coastal plan (1) The Minister must consider each properly made submission about the draft coastal plan. (2) After considering each submission, the Minister may— (a) make the coastal plan as provided for in the draft plan; or (b) make the coastal plan as provided for in the draft plan with amendments the Minister considers appropriate. 28 Notice about making coastal plan (1) After the coastal plan is made, the Minister must publish a notice about its making in the gazette and in a newspaper circulating generally in the State. (2) The notice must state— (a) the day the plan was made; and (b) where a copy of the plan may be inspected or purchased. (3) The Minister must give a copy of the plan to— (a) each local government, port authority and port operator within the area covered by the plan; and (b) any other group or person the Minister considers appropriate. Division 3 Amending or replacing coastal plan 29 Administrative amendments (1) The Minister may make an administrative amendment of the coastal plan. (2) After the coastal plan is amended under subsection (1), the Minister must publish a notice about the amendment— (a) in the gazette; and (b) in a newspaper circulating generally— (i) if the amendment has effect throughout the State or is made for the whole of the State—in the State; or (ii) if the amendment has effect only in a part of the State—in that part. (3) The notice must state— (a) the day the amendment was made; and (b) where a copy of the coastal plan, as amended, may be inspected or purchased. (4) Division 2 does not apply to the making of an amendment under this section. 30 Other amendments (1) The Minister may make an amendment, other than an administrative amendment, of the coastal plan only if the process under division 2 for making the coastal plan has been followed subject to subsections (2) and (3). (2) For subsection (1), division 2 applies— (a) as if a reference in the division to the coastal plan were a reference to an amendment of the coastal plan; and (b) as if a reference in the division to a draft coastal plan were a reference to a draft amendment of the coastal plan; and (c) as if the reference in section 25(3) to 40 business days were a reference to 20 business days; and (d) with other necessary changes. (3) When acting under division 2, the Minister also may decide not to proceed with the amendment of the coastal plan. 31 Replacement of coastal plan The Minister may, by following the process under division 2 for making a coastal plan, replace the existing coastal plan with a new plan. Division 4 When coastal plan or amendment has effect 32 When coastal plan or amendment has effect (1) The coastal plan or an amendment of the coastal plan takes effect on— (a) the day the notice about the making of the plan or amendment is gazetted under section 28 or 29; or (b) if a later day for the commencement of the plan or amendment is stated in the notice, plan or amendment—the later day. (2) If the coastal plan states that it replaces the existing coastal plan, it replaces the existing plan on and from the day the replacement plan takes effect under subsection (1). 33 Duration of coastal plan (1) The coastal plan ceases to have effect on— (a) the day the coastal plan is replaced under division 3; or (b) otherwise—the day that is 10 years after the day the coastal plan had effect. (2) Despite subsection (1)(b), if a day for the ending of the coastal plan is prescribed under a regulation made before the period mentioned in subsection (1)(b) ends, the coastal plan ends on the prescribed day. (3) The prescribed day must not be more than 12 years after the day the coastal plan had effect. Division 5 Miscellaneous 34 Implementation of coastal plan (1) The chief executive must implement the coastal plan. (2) However, the chief executive may arrange for a department, local government, port authority, port operator or statutory authority (a relevant entity) to carry out particular activities necessary to implement the coastal plan. (3) Without limiting subsection (2), the chief executive may— (a) ask a relevant entity responsible for managing land in the coastal zone to manage the land in a way that is consistent with coastal management; and (b) ask a relevant entity to carry out an activity in the coastal zone involving— (i) the construction or maintenance of works; or (ii) the extraction of material; or (ii) the disposal of extracted material. 35 Effect of coastal plan The coastal plan is a statutory instrument under the Statutory Instruments Act 1992. 36 Public inspection and purchase of coastal plan or draft coastal plan (1) After the coastal plan is made, the chief executive must publish a copy of the coastal plan on the department's website. (2) Also, the chief executive must keep the coastal plan, and the draft of the coastal plan prepared under section 24, available for inspection by the public during office hours on business days at— (a) the head office and each regional office of the department; and (b) other places the chief executive considers appropriate. (3) On payment of a fee decided by the chief executive, a person may buy a copy of the coastal plan or draft coastal plan. (4) The fee for a copy of the coastal plan or draft coastal plan must not be more than the reasonable cost of publishing the copy. Part 2 [Repealed] 37 [Repealed] 38 [Repealed] 39 [Repealed] 40 [Repealed] 41 [Repealed] 42 [Repealed] 43 [Repealed] 44 [Repealed] 45 [Repealed] 46 [Repealed] 47 [Repealed] 48 [Repealed] 49 [Repealed] 50 [Repealed] 51 [Repealed] 52 [Repealed] 53 [Repealed] Part 3 Coastal management districts Division 1 Declaration, amendment, amalgamation and abolition of coastal management districts 54 Declaration of coastal management districts (1) An area within the coastal zone may, under a regulation, be declared as a coastal management district if the Minister considers the area requires protection or management. (2) In addition, the Minister may, by written notice, declare an area to be a coastal management district, or part of an existing coastal management district, only if the Minister considers the area requires immediate protection or management. (3) The notice is subordinate legislation and, unless it is earlier repealed, expires 6 months after it commences. (5) A coastal management district may be assigned a name or number, or both. (6) The chief executive must give public notice of the declaration of a coastal management district. (7) The notice must be published in a newspaper circulating generally throughout the control district. 55 [Repealed] 56 Things to be considered when declaring coastal management districts The following things must be considered before an area is declared as a coastal management district— (a) the area's vulnerability to erosion by the sea or to wind induced effects; (b) whether the area should be kept in an undeveloped state to maintain or enhance the coast or coastal resources; (c) public access to a foreshore in the area; (d) foreseeable human impacts and coastal hazards in the area; (e) the existing tenure of, interests in, and rights to, land in the area; (f) Aboriginal tradition and Island custom of Aboriginal and Torres Strait Islander people particularly concerned with land in the area; (g) planning and development management of the area; (h) the need to conserve, protect or rehabilitate coastal ecological systems or geomorphic features of the area. 57 Notice declaring, changing or abolishing coastal management district (1) Before a regulation, under section 54(1), is made declaring, changing the boundaries of or abolishing a coastal management district, the chief executive must give public notice of the proposed declaration, change or abolition (the proposal). (2) The notice must— (a) be published in a newspaper circulating generally throughout the coastal management district; and (b) state where copies of the plan showing the proposal may be inspected and, on payment of a reasonable fee, purchased; and (c) invite written submissions from the public; and (d) state a day (not earlier than 40 business days from the publication of the notice) by which submissions may be made and the place where the submissions may be made. (3) The chief executive must send details of the proposal to each local government, port authority and port operator within the area covered by the district. (4) The Minister must consider all submissions properly made about the proposal. (5) If, when making a submission, a person asks the Minister for a response on the submission, the Minister must advise the person in writing— (a) whether the submission was accepted or rejected and, if it was rejected, the reasons for the rejection; and (b) if the person is an owner of land in the coastal management district—the reason why the land was included in the district; and (c) if a coastal building line is fixed for the land—the reason for fixing the line. 58 Amendment, amalgamation and abolition of coastal management districts (1) This section applies to a coastal management district declared under a regulation made under section 54(1). (2) A regulation may— (a) change the boundaries of the district; or (b) amalgamate the district with 1 or more other districts; or (c) abolish the district. 58A Amendment of coastal management districts in s 169 (1) This section applies to an area that became a coastal management district under section 169, to the extent the area has not been later declared a coastal management district under section 54. (2) Subsection (3) applies if— (a) a coastal engineering assessment of an erosion prone area is prepared for a location; and (b) the chief executive agrees with the assessment; and (c) the chief executive amends the erosion prone area under section 71; and (d) when the assessment is made, the width of the erosion prone area at the location is the same as the width of the coastal management district at the location. (3) The width of the coastal management district at the location is amended to be the same as the width of the amended erosion prone area at the location. (4) To remove any doubt, it is declared that public notice of the amendment of the coastal management district under this section is not required. Division 2 Coastal protection and tidal works notices 59 Coastal protection notices (1) This section applies only to activity in a coastal management district. (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— (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. (3) If the name of the person who started or is about to start the activity is not known, the notice may be given— (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. (4) Without limiting subsection (2), the notice may require the person— (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. (5) The notice must state that the person may appeal against the decision to give the notice within the period stated in the notice. Editor's note— Appeals are dealt with in chapter 5. (6) The person must comply with the notice. Maximum penalty for subsection (6)—3,000 penalty units. 60 Tidal works notices (1) Subsection (2) applies if, in the chief executive's opinion, tidal works (the relevant works) need repair, are abandoned or should be removed to— (a) protect public safety; or (b) prevent adverse effects on coastal resources. (2) The chief executive may give a notice (a tidal works notice) to the person responsible for the relevant works. (3) Subsection (4) applies if, in the chief executive's opinion, a structure mentioned in section 124(1) or (3) needs repair, is abandoned or should be removed to— (a) protect public safety; or (b) prevent adverse effects on coastal resources. (4) The chief executive may give a notice (also a tidal works notice) to a person who must ensure the structure is maintained in a safe condition under section 124(2) or (4). (5) If the name of the person is not known, the notice may be given— (a) in a newspaper circulating generally throughout the coastal management district; or (b) by displaying it in a prominent position on the land. (6) The notice may direct the person within the reasonable time stated in the notice to take stated reasonable action to— (a) repair the relevant works or structure to the chief executive's reasonable satisfaction; or (b) remove the relevant works or structure, and restore the site, as nearly as practicable, to its former condition. (7) The notice must state that the person may appeal against the decision to give the notice within the period stated in the notice. (8) The person must comply with the notice. Maximum penalty for subsection (8)—3,000 penalty units. 61 Chief executive may take required action (1) If a person fails to comply with a coastal protection or tidal works notice requiring particular action to be taken (the required action), the chief executive may take the required action. (2) For subsection (1), the chief executive, or a person authorised by the chief executive, may, without any further authority apart from this subsection— (a) enter and re-enter land at all reasonable times; and (b) remain on the land for the time that is necessary and reasonable; and (c) take onto, and keep on, the land the vehicles, materials, equipment and other things that are necessary and reasonable. (3) The chief executive may recover, as a debt, from the person to whom the notice is directed, the costs and expenses reasonably incurred in taking the required action. 62 Forfeiture of property (1) This section applies if a coastal protection or tidal works notice is given to a person in relation to property that belongs to the person and is on unallocated State land. (2) If the person does not comply with the notice, or appeals against the giving of the notice, then— (a) if an appeal is not made against the giving of the notice within the period stated in the notice—the property is forfeited to the State at the end of the stated period; or (b) if an appeal is made but is dismissed—the property is forfeited to the State when the final decision on the appeal is made. 63 Record of coastal protection or tidal works notice in land registry (1) This section applies if a coastal protection or tidal works notice is given in relation to land other than unallocated State land. (2) As soon as practicable after giving the notice, the chief executive must give written notice to the registrar of titles of the giving of the notice. (3) The registrar must keep records that show the notice has been given. (4) The registrar must keep the records in a way that a search of the register kept by the registrar under any Act relating to title to the land will show the notice has been given. (5) As soon as practicable after the notice has been complied with, the chief executive must give written notice to the registrar of compliance with the notice. (6) As soon as practicable after receiving the notice of compliance, the registrar must remove the particulars of the notice from the registrar's records. 64 Owner of land and builder jointly liable (1) If a coastal protection or tidal works notice is served on both the owner of land and the person responsible for works on the land or for the maintenance of them, they are jointly and severally bound by the requirements of the notice. (2) In this section— owner of land includes the occupier of the land. 65 Notice binding on purchaser (1) This section applies if land or works subject to an undischarged coastal protection or tidal works notice are sold. (2) The seller must give the buyer written advice of the undischarged notice not less than 14 days before settlement of the sale. (3) However, if settlement of the sale is made less than 14 days after the agreement to sell is made, the seller must give the buyer written advice of the undischarged notice on the day the agreement is made. Maximum penalty for subsections (2) and (3)—150 penalty units. (4) If the seller complies with subsection (2) or (3), the buyer is bound by the undischarged notice as if it had been given to the buyer. (5) If the seller does not comply with subsection (2) or (3), the agreement is of no effect unless the buyer— (a) by written advice given to the seller before settlement, states the intention to settle despite the non-compliance; or (b) by written advice given to the seller within 30 days after settlement, affirms the sale despite the non-compliance. Division 3 General provisions about coastal management districts 66 Coastal building line (1) For assessing, under the Planning Act, building work that is assessable development, a regulation, or notice that declares a coastal management district, may fix a coastal building line for a coastal management district. (2) However, a notice may fix a coastal building line only for the coastal management district declared under the notice. 67 Placing signs on unallocated State land (1) The chief executive may place a sign on unallocated State land, within or on the boundary of a coastal management district, indicating— (a) particulars of the district; or (b) anything prohibited or authorised in the district. (2) A person must not, without lawful authority, destroy, pull down, erase, remove, deface or otherwise damage or interfere with the sign. Maximum penalty—100 penalty units. 68 Temporary occupation of land (1) The chief executive may, to implement the coastal plan, temporarily occupy and use land in a coastal management district for the purpose of building, maintaining or repairing works, and may— (a) take from it stone, gravel, sand, earth, and other material; and (b) deposit materials on it; and (c) form and use temporary works on it, including, for example, roads; and (d) build structures of a temporary nature on it. (2) Before occupying land under this section, the chief executive must give the occupier and the owner of the land not less than 7 days written notice of the intention to occupy. (3) However, subsection (2) does not apply in urgent circumstances. (4) The notice must state the use proposed to be made of the land and the approximate period during which the use is expected to continue. (5) The owner of the land or any other person having an interest in the land may, at any time during the occupation or within 3 months after the occupation, give written notice to the chief executive claiming compensation. (6) If the land is not resumed, the owner of the land and all persons having an interest in it may recover compensation for the occupation and use. (7) The total compensation payable under this section in relation to land may not be more than the compensation that would have been payable had the land been resumed. (8) Compensation is not payable under this section for anything done under this section, if the right or authority to do the thing is given under another Act, or a State grant, or other instrument, even though conditions imposed under the Act, grant, or instrument for doing the thing have not been performed. (9) The amount of the compensation payable is the amount agreed between the claimant and chief executive or, failing agreement, decided by the Planning and Environment Court. Division 4 Offence about damaging vegetation on State coastal land 69 Damaging or removing vegetation, or damaging coastal dunes (1) A person must not damage or remove vegetation on, or damage a dune forming part of, State coastal land above the high-water mark without— (a) the written approval of the entity responsible for the management and control of the land; or (b) other lawful authority, justification or excuse. Maximum penalty—400 penalty units. (2) In this section— damage, to vegetation or a dune, does not include minor damage to the vegetation or dune that happens in the course of the ordinary use of the land on which the vegetation is situated or of which the dune forms a part. Part 4 Erosion prone areas 70 Declaration of erosion prone areas (1) The chief executive may declare an area within the coastal zone to be an erosion prone area if satisfied the area may be subject to erosion or tidal inundation. (2) If the chief executive declares an area under subsection (1), the chief executive must— (a) ensure the erosion prone area is shown on a document describing the area; and (b) keep the document available for inspection by members of the public at the department's head office; and (c) give a copy of the document to each local government in whose area the erosion prone area or a part of the erosion prone area is situated. Examples of a document describing the area— a map or plan 71 Amending erosion prone areas (1) The chief executive may amend the area of an erosion prone area. (2) If the chief executive amends the area, the chief executive must— (a) record the amendment on the document mentioned in section 70(2)(b) on which the erosion prone area is shown; and (b) give a copy of the amended document to each local government in whose area the erosion prone area or a part of the erosion prone area is situated; and (c) advise each owner of land affected by the amendment how the erosion prone area has been amended. 72 Local governments to keep copies of documents The local government must keep available for inspection by members of the public any document given to it under section 70(2)(c) or 71(2)(b) at its head office. Part 5 Quarry materials Division 1 Allocation of quarry materials Subdivision 1 Obtaining allocations 73 Applications for allocation of quarry material (1) A person may apply to the chief executive for an allocation of quarry material in tidal water. (2) The application must be— (a) in the approved form; and (b) accompanied by the fee prescribed under a regulation. 74 Additional information for applications (1) The chief executive may, by written notice, ask the applicant to give the chief executive further information or documents about the application by the reasonable date stated in the notice. (2) Without limiting subsection (1), the chief executive may ask the applicant to give the chief executive information or documents about the potential impact the removal of the quarry material may have on coastal management. (3) If the applicant does not give the chief executive the further information or documents by the stated day, the application lapses. 75 Criteria for deciding applications (1) In deciding whether to grant the allocation or refuse the application, or what should be the conditions of the allocation, the chief executive must consider— (a) the coastal plan; and (b) the impact the removal of the quarry material, including the proposed method of extraction, or the placement of spoil may have on coastal management including the following— (i) the supply of sediments to estuaries and the sea; (ii) the physical integrity of the land, including stability of beds and banks of watercourses; (iii) the quarry material available on the land and any existing allocations for the land; (iv) the ecologically sustainable development of the land and watercourses on the land; and (c) if the chief executive is satisfied the removal of the quarry material or the placement of spoil may impact on waters mentioned in the Environmental Protection (Water) Policy 1997, schedule 1, column 1—the impact the removal or placement may have on the environmental values and water quality objectives stated in a document mentioned in column 2 of that schedule for the waters; and (d) the impact the removal of the quarry material or placement of spoil may have on the management of— (i) fish habitats under the Fisheries Act 1994; or (ii) marine parks under the Marine Parks Act 2004; or (iii) protected areas under the Nature Conservation Act 1992. (2) Also, in deciding an application that involves placement of quarry material in a coastal management district, the chief executive must consider— (a) the nature of the material including contaminants in the material; and (b) the characteristics of the material's receiving environment. (3) Subsections (1) and (2) do not stop the chief executive from considering other matters relevant to the application, including, for example— (a) fair and equitable access to, and the need to ensure the economic use of, State resources; and (b) economic and social implications of a decision to grant or refuse the application; and (c) the views of a local government about the removal of the quarry material or placement of spoil; and (d) the views of a harbour master about the effect the removal or placement may have on marine safety in tidal water; and (e) if the removal or placement happens on land within the limits of a port—the views of the port authority or port operator for the land about the removal or placement. (4) In this section— coastal management does not include coastal management in relation to Aboriginal cultural heritage or Torres Strait Islander cultural heritage. 76 Deciding applications (1) If the chief executive is satisfied the application should be approved, the chief executive must grant the application. (2) If the chief executive is not satisfied the application should be approved, the chief executive must refuse the application. (3) Within 30 business days after deciding the application, the chief executive must give the applicant— (a) notice of the decision; and (b) if the chief executive grants the application—a notice (an allocation notice) in the approved form. (4) The allocation notice— (a) has effect from the day stated in the notice; and (b) remains in force, unless sooner cancelled or suspended, for the period of not more than 6 years decided by the chief executive. 77 Selling allocation of quarry material by auction or tender (1) The chief executive may sell by auction or tender an allocation of quarry material in tidal water. (2) In selling the allocation, the chief executive must consider— (a) the impact the removal of the quarry material or placement of spoil may have on coastal management; and (b) the matters mentioned in section 75. (3) If the chief executive sells an allocation, the chief executive must give the buyer an allocation notice under section 76(3). (4) Sections 78 to 80 apply to the allocation. Subdivision 2 Content and conditions of allocation notices 78 Content of allocation notices Without limiting what may be included in an allocation notice, the notice must state— (a) the quantity of quarry material that may be removed under the allocation; and (b) the area to which the allocation relates; and (c) the rate of royalty, or the price, payable for removal of the quarry material. 79 Conditions of allocation notice The chief executive may impose conditions on the allocation notice the chief executive considers necessary or desirable for coastal management, including, for example, conditions about— (a) the maximum rate at which the quarry material may be removed; and (b) monitoring the impact of the removal of the quarry material or placement of spoil on coastal management; and (c) the nature and extent of surveys to be carried out in relation to the removal of the quarry material or placement of spoil; and (d) when the royalty, or price payable, for the removal of the quarry material must be paid; and (e) giving the chief executive information about the rate at which the quarry material is removed during stated intervals. 80 Allocation holder to give information (1) This section applies to an allocation holder from the day the holder first removes quarry material under the allocation. (2) The holder must— (a) if the allocation notice states a condition about the time within which, and the period for which, the holder must give written notice to the chief executive about the quantity of quarry material removed by the holder under the allocation in the period—give the chief executive a written notice in compliance with the condition; or (b) otherwise—within 20 business days after the end of a quarter, give the chief executive a written notice stating the quantity of quarry material removed by the holder under the allocation in the quarter. Maximum penalty—50 penalty units. (3) In this section— quarter means a 3-month period ending on 31 March, 30 June, 30 September or 31 December. Subdivision 3 [Repealed] 81 [Repealed] Subdivision 4 Transferring or renewing allocations 82 Application to transfer allocation (1) The allocation notice holder may apply to the chief executive to transfer all or part of the allocation to another person. (2) The application must be— (a) in the approved form; and (b) supported by sufficient information to enable the chief executive to decide the application, including, for example, the consent of the transferee to the transfer; and (c) accompanied by the fee prescribed under a regulation. (3) The chief executive may, by written notice, ask the applicant to give the chief executive further information or documents about the application by the reasonable date stated in the notice. (4) If the applicant does not give the chief executive the further information or documents by the stated day, the application lapses. 82A Deciding application to transfer allocation (1) The chief executive must decide an application to transfer an allocation made under section 82 within 30 days after— (a) if further information or documents are requested under section 82(3)—receiving the further information or documents; or (b) otherwise—receiving the application. (2) The chief executive must decide to— (a) approve the transfer as applied for, with or without conditions; or (b) approve the transfer, as varied by the chief executive, with or without conditions; or (c) refuse to approve the transfer. (3) In making a decision under subsection (2), the chief executive must consider— (a) the impact the transfer may have on coastal management; and (b) the matters mentioned in section 75. (4) Within 30 business days after deciding the application, the chief executive must— (a) give the applicant and the proposed transferee written notice of the decision; and (b) if the transfer is approved— (i) give the transferee a new allocation in accordance with the approval; and (ii) if the transfer is of only a part of an allocation—give the applicant an amended allocation notice for the part not transferred. (5) A transfer of an allocation has effect from the day written notice of the approval of the transfer is given under subsection (4). (6) In this section— coastal management does not include coastal management in relation to Aboriginal cultural heritage or Torres Strait Islander cultural heritage. 83 Application to renew allocation (1) The allocation notice holder may apply to the chief executive to renew the allocation notice. (2) The application must be— (a) in the approved form; and (b) accompanied by the fee prescribed under a regulation. (3) The chief executive may, by written notice, ask the applicant to give the chief executive further information or documents about the application by the reasonable date stated in the notice. (4) If the applicant does not give the chief executive the further information or documents by the stated day, the application lapses. 83A Deciding application to renew allocation (1) The chief executive must decide an application to renew an allocation notice made under section 83 within 30 days after receiving— (a) if further information or documents are requested under section 83(3)—the further information or documents; or (b) otherwise—the application. (2) The chief executive must decide to— (a) approve the renewal as applied for, with or without conditions; or (b) approve the renewal, as varied by the chief executive, with or without conditions; or (c) refuse to grant the application. (3) In making a decision under subsection (2), the chief executive must consider— (a) the impact the renewal may have on coastal management; and (b) the matters mentioned in section 75. (4) Within 30 business days after deciding the application, the chief executive must give the applicant— (a) a written notice stating— (i) the decision; and (ii) if the chief executive approves the renewal as varied or with conditions, or refuses to grant the application—the reasons for the decision; and (b) if the renewal is approved—a new allocation notice in accordance with the approval. (5) This division applies, with all necessary changes, to the application as if it were an application for an allocation. (6) In this section— coastal management does not include coastal management in relation to Aboriginal cultural heritage or Torres Strait Islander cultural heritage. Subdivision 5 Amending, suspending or cancelling allocation notices 84 Amendment—grounds (1) The chief executive may amend an allocation notice, including, for example, by adding a further condition to the notice— (a) with the written agreement of the holder of the notice; or (b) if the chief executive is satisfied, or reasonably believes, the amendment is necessary or desirable for coastal management. (2) Without limiting subsection (1), if an allocation notice holder removes quarry material at a rate less than 50% of the maximum rate stated in the notice, the chief executive may amend— (a) the total quantity of material permitted to be removed under the notice; or (b) the maximum rate. (3) However, an amendment under subsection (1) must not increase the period for which the notice has effect. 85 Suspension or cancellation—grounds The chief executive may suspend or cancel an allocation notice if the chief executive is satisfied, or reasonably believes— (a) the allocation notice was granted in error or because of a materially false or fraudulent document, statement or representation; or (b) the allocation notice holder— (i) has committed, or is committing, an offence against this Act or another Act relating to protection of the environment; or (ii) has not complied with a condition of the allocation notice; or (iii) has not, within 1 year after the day the notice was issued, applied for or obtained— (A) if the holder must have a development permit for the removal of the quarry material—a development permit; or (B) if the removal of the quarry material is an environmentally relevant activity—an environmental authority; or (c) the suspension or cancellation is necessary or desirable for coastal management. 86 Amendment, suspension or cancellation—procedure (1) Before amending, suspending or cancelling an allocation notice, the chief executive must give the allocation notice holder a written notice inviting the holder to show why the allocation notice should not be amended, suspended or cancelled (the proposed action). (2) The notice must state each of the following— (a) the proposed action; (b) the grounds for the proposed action; (c) the facts and circumstances forming the basis for the grounds; (d) if the proposed action is to amend the allocation notice—the proposed amendment; (e) if the proposed action is suspension of the allocation notice—the proposed suspension period; (f) that representations may be made about the notice; (g) how the representations may be made; (h) where the representations may be made or sent; (i) a period within which the representations must be made. (3) The stated period must end at least 10 business days after the notice is given. (4) If, after considering all representations made within the stated period, the chief executive still considers the proposed action should be taken, the chief executive may— (a) if the proposed action is to amend the allocation notice—amend the allocation notice; and (b) if the proposed action is to suspend the allocation notice—suspend the allocation notice for no longer than the proposed suspension period; and (c) if the proposed action is to cancel the allocation notice—cancel the allocation notice or suspend it for a period. (5) This section does not apply if the allocation is amended under section 84(1)(a). 87 Notice and effect of amendment, suspension or cancellation of allocations (1) If the chief executive amends, suspends or cancels an allocation notice, written notice and particulars of the amendment, suspension or cancellation must be given to the allocation holder. (2) The notice must state the decision and the reasons for it. (3) An amendment takes effect from the day the notice is given. (4) If the chief executive suspends the allocation notice, it is ineffective during the period of suspension. (5) The suspension— (a) may be for the period the chief executive decides; and (b) has effect from— (i) the day the notice is given; or (ii) if a later day is stated in the notice—the stated day. (6) If the chief executive cancels the allocation notice, it ceases to have effect from— (a) the day the notice is given; or (b) if a later day is stated in the notice—the stated day. (7) The amendment, suspension or cancellation does not give the holder a right to compensation for any loss or damage arising from the amendment, suspension or cancellation. Subdivision 6 Surrender of allocation 88 Surrender The holder of an allocation notice may surrender the holder's allocation by giving the chief executive— (a) written notice of the surrender; and (b) the allocation notice. Division 2 [Repealed] Subdivision 1 [Repealed] 89 [Repealed] 90 [Repealed] Subdivision 2 [Repealed] 91 [Repealed] 92 [Repealed] 93 [Repealed] 94 [Repealed] 95 [Repealed] 96 [Repealed] Subdivision 3 [Repealed] 97 [Repealed] 98 [Repealed] 99 [Repealed] 100 [Repealed] Division 2 [Repealed] 100A [Repealed] 100B [Repealed] Division 3 Offences 101 Removing quarry material (1) A person must not, without reasonable excuse, remove quarry material from tidal water unless the person is the holder of an allocation notice for the material. Maximum penalty—1,665 penalty units. (2) A person must not, without reasonable excuse, contravene a condition of an allocation notice. Maximum penalty—1,665 penalty units. (3) On a conviction for an offence under subsection (1), the court in addition to imposing a penalty may order the offender pay to the chief executive royalty at the rate prescribed under a regulation for section 102(1) for the quarry material removed in contravention of subsection (1). (4) Subsection (1) does not apply to a person who removes quarry material— (a) because of an emergency endangering the life or health of a person or involving a serious threat to the environment; or (b) while fossicking under a licence under the Fossicking Act 1994 if the person does not remove more than 1m3 of quarry material in a year. (5) In this section— remove includes collect. Division 4 General 102 Royalty or price for quarry material (1) For quarry material removed under an allocation notice, royalty at the rate prescribed under a regulation or the price set for the sale is payable to the State as prescribed under the regulation or the sale. (2) The royalty, or the price payable and not paid, is a debt due to the State. Part 6 Land surrender and artificial waterways Division 1 [Repealed] 103 [Repealed] Division 2 [Repealed] 104 [Repealed] 104A [Repealed] 104B [Repealed] 105 [Repealed] 106 [Repealed] 107 [Repealed] 108 [Repealed] Division 3 Land surrender Subdivision 1 Preliminary 109 Definitions for division In this division— change application— (a) means a change application under the Planning Act; but (b) does not include a change application for a minor change to a development approval, as defined in the Planning Act. relevant application means— (a) a development application for a development approval for reconfiguring a lot that is completely or partly within a coastal management district; or (b) a change application to change a development approval that already approves reconfiguring a lot that is completely or partly within a coastal management district; or (c) a change application to change a development approval— (i) to approve reconfiguring a lot that is completely or partly within a coastal management district; and (ii) that does not already approve reconfiguring a lot that is completely or partly within a coastal management district. Subdivision 2 Land surrender requirements 110 Application of subdivision This subdivision applies if— (a) a person makes a relevant application; and (b) the lot to be reconfigured includes land (the prescribed land) that is— (i) in a coastal management district; and (ii) in an erosion prone area or within 40m of the foreshore; and (c) the planning chief executive is— (i) if the relevant application is a development application—the assessment manager or a referral agency for the application under the Planning Act; or (ii) if the relevant application is a change application—the responsible entity or a referral agency for the application under the Planning Act. 111 Notice of proposed land surrender requirement (1) This section applies if the chief executive proposes to require the owner of the prescribed land to surrender all or part of the prescribed land to the State for coastal management. (2) The chief executive must give written notice (each a proposed surrender notice) of the proposal to— (a) the applicant; and (b) if the applicant is not the owner of the land—the owner of the land; and (c) the planning chief executive; and (d) if the relevant application is a development application and the planning chief executive is not the assessment manager for the application—the assessment manager for the application; and (e) if the relevant application is a change application and the planning chief executive is not the responsible entity for the application—the responsible entity for the application. (3) Each proposed surrender notice must state— (a) details of the prescribed land the chief executive proposes be required for surrender; and (b) that the owner may, within 15 business days after receiving the notice, make a written submission to the chief executive about the proposal. (4) The notice must be given within— (a) if the relevant application is a development application and the planning chief executive is the assessment manager for the application—15 business days after the application is properly made under the Planning Act; or (b) if the relevant application is a change application and the planning chief executive is the responsible entity for the application—15 business days after the application is made; or (c) otherwise—15 business days after the relevant application is given to the planning chief executive. 112 Decision whether to require surrender of land (1) In deciding whether or not to require the surrender of the land stated in a proposed surrender notice, the chief executive must consider— (a) any written submission made to the chief executive by the owner of the land; and (b) how the surrender would avoid or minimise detrimental impacts on coastal management. (2) If the chief executive decides not to require the surrender, the chief executive must, within 30 business days after the last proposed surrender notice was given, give written notice of the decision to each entity to whom the proposed surrender notice was given. (3) However, the chief executive may extend the period mentioned in subsection (2) by not more than 10 business days if the owner of the land agrees, in writing, to the extension. 113 Land surrender requirement (1) The chief executive may, by written notice to the owner of the prescribed land relating to the relevant application, require the owner to surrender all or part of the prescribed land (the required land) to the State for coastal management if— (a) the chief executive is satisfied the required land should be surrendered for coastal management; and (b) the Minister approves the proposed requirement. (2) A requirement under subsection (1) is a land surrender requirement. (3) A land surrender requirement must— (a) be given to the owner within 30 business days after the proposed surrender notice is given to the owner; and (b) state the following— (i) details of the required land; (ii) the day the Minister approved the making of the requirement; (iii) that the required land must be surrendered to the State when the plan for reconfiguring the lot to which the relevant application relates is registered under the Land Title Act 1994; (iv) the effect of section 114. (4) The chief executive may extend the period mentioned in subsection (3)(a) by not more than 10 business days if the owner agrees, in writing, to the extension. (5) The chief executive must give a copy of the land surrender requirement to— (a) if the applicant for the relevant application is not the owner of the prescribed land—the applicant; and (b) the planning chief executive; and (c) if the relevant application is a development application and the planning chief