Coast Protection Act 1972

This Act may be cited as the Coast Protection

Act 1972.

In this Act, unless the contrary intention appears—

Adelaide Dolphin Sanctuary has the same meaning as in the Adelaide Dolphin Sanctuary

Act 2005;

appointed member of the Board means a member of the Board appointed under paragraph (d) or paragraph (e) of subsection (1) of section 8 of this Act;

area, in relation to a council—

being a council within the meaning of the Local

Government Act 1934—means the area of the council within the meaning of that Act; or

being the West Beach Trust—means the foreshore within the meaning of the West Beach Recreation Reserve

Act 1954;

coast means all land that is—

within the mean high water mark and the mean low water mark on the seashore at spring tides; or

above and within one hundred metres of that mean high water mark;

or

below and within three nautical miles of that mean low water mark;

or

within any estuary, inlet, river, creek, bay or lake and subject to the ebb and flow of the tide; or

declared by regulation to constitute part of the coast for the purposes of this Act;

coast facility means any building, structure or works—

for the use or enjoyment of those who may resort to the coast;

or

of a kind declared by regulation to constitute a coast facility;

council means—

a council within the meaning of the Local Government

Act 1934; or

the West Beach Trust established under the West Beach

Recreation Reserve Act 1954;

marine park has the same meaning as in the

Marine Parks

Act 2007;

owner in relation to private land, means the holder of an estate or interest in the land;

private land means—

land lawfully granted or contracted to be granted for an estate of freehold by or on behalf of the Crown; or

land subject to a perpetual lease lawfully granted by or on behalf of the Crown;

relevant Act means—

in relation to the Adelaide Dolphin Sanctuary—the

Adelaide Dolphin Sanctuary

Act 2005; or

in relation to a marine park—the

Marine Parks

Act 2007; or

in relation to the River Murray or the Murray‑Darling

Basin—the River Murray

Act 2003;

relevant Minister means—

in relation to the Adelaide Dolphin Sanctuary—the Minister to whom the administration of the Adelaide

Dolphin Sanctuary Act 2005 is committed;

or

in relation to a marine park—the Minister to whom the administration of the Marine Parks

Act 2007 is committed; or

in relation to the River Murray or the Murray‑Darling

Basin—the Minister to whom the administration of the

River Murray

Act 2003 is committed;

restricted area means any part of a coast protection district declared to be a restricted area under section 34;

specially protected area or resource means—

the Adelaide Dolphin Sanctuary; or

a marine park; or

the River Murray;

storm repairs means works for the repair of damage to the coast, or a coast facility, caused by storm or pollution;

the Board means the Coast Protection Board constituted under Part

2 of this Act;

the Court means the Supreme Court;

warden means a person who has been appointed under section 34A to be, or who is by virtue of his office as a member of the police force, a warden for the purposes of this

Act;

works of a prescribed nature means building, construction, mining or excavation of a kind or extent declared by regulation to constitute works of a prescribed nature for the purposes of this Act or works changing the nature, configuration or use of the coast in a manner or to an extent prescribed by regulation.

This Act binds the Crown.

There shall be a Board entitled the Coast Protection

Board.

The Board—

shall be a body corporate with perpetual succession and a common seal; and

shall be capable of acquiring, holding, selling and otherwise disposing of real and personal property; and

shall be capable of acquiring or incurring any other legal rights and liabilities, and of suing and being sued; and

shall hold its property on behalf of the Crown.

Where an apparently genuine document purports to bear the common seal of the Board, it shall be presumed, in the absence of evidence to the contrary, that the common seal of the Board was duly affixed to that document.

The Board shall be subject to the control and direction of the

Minister.

The Board will consist of six members of whom—

1 will be the chief executive, or the nominee of the chief executive, of the administrative unit of the Public Service that is, under the

Minister, responsible for the administration of this Act; and

1 will be the chief executive, or the nominee of the chief executive, of the administrative unit of the Public Service that is, under a

Minister, responsible for the administration of the

Harbors and Navigation

Act 1993; and

1 will be the Chief Executive Officer, or the nominee of the Chief

Executive Officer, of the South Australian Tourism Commission; and

three will be persons appointed by the Minister—

one being a person who is qualified for membership of the Board by reason of extensive knowledge of, and experience in, local government;

and

one being a person who is qualified for membership of the Board by reason of extensive knowledge of, and experience in, the technical problems of coast protection; and

one being a person who is qualified for membership of the Board by reason of extensive knowledge of, and experience in, biological sciences and environmental protection.

One of the members of the Board must be appointed by the Minister to be the presiding member of the Board.

Subject to this Act, an appointed member of the Board shall be appointed for such term of office, not exceeding four years, as the Minister may determine and specifies in the instrument of his appointment and, upon the expiration of his term of office, shall be eligible for re-appointment.

If any member of the Board is unable, or fails for any reason, to act in his capacity as a member of the Board, the Minister may appoint a suitable person to be a deputy of the member, and such a person, while so acting, shall be deemed to be a member of the Board, and shall have all the powers, authorities, duties and obligations of the member of whom he has been appointed a deputy.

The Minister may remove an appointed member of the Board from office for—

mental or physical incapacity; or

neglect of duty; or

dishonourable conduct; or

any other cause considered sufficient by the

Minister.

The office of an appointed member of the Board shall become vacant if—

he dies; or

his term of office expires; or

he resigns his office by written notice addressed to the Minister;

or

he is removed from office by the Minister pursuant to subsection (5) of this section.

Upon the office of an appointed member of the Board becoming vacant, a person shall be appointed in accordance with this Act, to the vacant office, but where the office of a member of the Board becomes vacant before the expiration of the term for which he was appointed, a person appointed in his place shall be appointed only for the balance of the term of his predecessor.

Three members of the Board shall constitute a quorum of the Board, and no business shall be transacted unless a quorum is present.

A decision carried by a majority of the votes cast by the members present at a meeting of the Board, shall be a decision of the

Board.

The presiding member shall preside at a meeting of the Board, and in the event of an equality of votes, shall have a second or casting vote.

In the absence of the presiding member or a deputy of the presiding member from a meeting of the Board, the members present may elect one of their number to be the presiding member for that meeting, and a member so elected may perform and discharge the functions and obligations of the presiding member for that meeting.

Subject to this Act, the business of the Board shall be conducted in such manner as the Board determines.

An act or proceeding of the Board shall not be invalid by reason only of a vacancy in its membership and, notwithstanding the subsequent discovery of a defect in the appointment of a member, any such act or proceeding shall be as valid and effectual as if the member had been duly appointed.

An appointed member of the Board shall be entitled to receive such allowances and expenses as may be determined by the Minister.

There is to be a Secretary to the Board.

The Secretary is to be a Public Service employee.

The Board may, under an arrangement established by the Minister administering an administrative unit of the Public Service, make use of the services or staff of that administrative unit.

The Board may, with the approval of the Minister, delegate any of its powers or functions.

A delegation under this section—

may be made to—

the presiding member or any other member of the Board;

or

the secretary to the Board or any other officer engaged in the administration of this Act; and

may be made subject to such conditions as the Board thinks fit;

and

is revocable at will and does not derogate from the power of the

Board to act itself in any matter.