Coastal Protection and Management Act 1995

This Act may be cited as the Coastal Protection and Management Act 1995.

This Act commences on a day to be fixed by proclamation.

The main objects of this Act are to—

provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; and

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

ensure decisions about land use and development safeguard life and property from the threat of coastal hazards; and

encourage the enhancement of knowledge of coastal resources and the effect of human activities on the coastal zone.

The objects of this Act are to be achieved by coordinated and integrated planning and decision-making, involving, among other things, the following—

Coastal zone

• Defining the coastal zone, which is the area to which this Act applies.

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.

Coastal management districts

• Declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices.

Erosion prone areas

• Declaring erosion prone areas in the coastal zone as areas where particular development requirements are applied.

Use of other legislation

• Using other relevant legislation wherever practicable to achieve the objects of this Act.

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.

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.

The dictionary in the schedule defines particular words used in this Act.

Access channel means an artificial channel constructed in tidal water and connected, or intended to be connected, to a canal.

Without limiting subsection (1), access channel includes—

training walls or other works associated with the channel; and

additions or alterations to the channel, training walls or other works.

Artificial waterway means an artificial channel, lake or other body of water.

Without limiting subsection (1), artificial waterway includes—

an access channel; and

an artificial channel that—

is formed because land has been reclaimed from tidal water; and

is intended to allow boating access to allotments on subdivided land; and

other artificial channels subject to the ebb and flow of the tide; and

any additions or alterations to an artificial waterway.

However, artificial waterway does not include the following—

a swimming pool;

an ornamental pond of no more than 5,000m² in area;

a pond—

for aquaculture; or

for treating effluent;

a freshwater storage reservoir for domestic water supply;

a water storage facility—

situated on a natural watercourse; and

used for irrigation or other agricultural purposes;

a part of a river, creek or stream in which water flows in a natural channel, whether artificially improved or not;

a drain for carrying stormwater or other material;

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—

a navigation channel;

a harbour swing basin;

a berth pocket;

a berth approach or departure path.

Canal means an artificial waterway—

connected, or intended to be connected, to tidal water; and

from which boating access to the tidal water is not hindered by a lock, weir or similar structure.

Canal includes a canal surrendered to the State under the Canals Act, section 13(4).

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—

boat launching, landing, berthing or storing;

boat repairs of a minor nature;

boat provisioning, fuelling or servicing;

recreation, comfort and convenience of persons who own or use boats.

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.

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.

The coast means all areas within or neighbouring the foreshore.

Coastal management includes—

the protection, conservation, rehabilitation and management of the coastal zone and coastal resources; and

the ecologically sustainable development of the coastal zone.

Coastal resources means the natural and cultural resources of the coastal zone.