Coastal Protection and Management Act 1995

Subsection (2) applies if, in the chief executive’s opinion, tidal works (the relevant works) need repair, are abandoned or should be removed to—

protect public safety; or

prevent adverse effects on coastal resources.

The chief executive may give a notice (a tidal works notice) to the person responsible for the relevant works.

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—

protect public safety; or

prevent adverse effects on coastal resources.

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).

If the name of the person is not known, the notice may be given—

in a newspaper circulating generally throughout the coastal management district; or

by displaying it in a prominent position on the land.

The notice may direct the person within the reasonable time stated in the notice to take stated reasonable action to—

repair the relevant works or structure to the chief executive’s reasonable satisfaction; or

remove the relevant works or structure, and restore the site, as nearly as practicable, to its former condition.

The notice must state that the person may appeal against the decision to give the notice within the period stated in the notice.

The person must comply with the notice.