Coastal Protection and Management Act 1995

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—

take from it stone, gravel, sand, earth, and other material; and

deposit materials on it; and

form and use temporary works on it, including, for example, roads; and

build structures of a temporary nature on it.

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.

However, subsection (2) does not apply in urgent circumstances.

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.

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.

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.

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.

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.

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.