Marine and Coastal (Prescribed Consents) Regulations 2025

A person specified in subregulation (2) has a prescribed consent to install a temporary fence on marine and coastal Crown land if—

the purpose of the installation is to minimise an immediate risk to—

public health or safety; or

the marine and coastal environment; and

the installation does not involve the excavation of any land that is not associated with the installation; and

the installation minimises any damage to the marine and coastal environment; and

the installation does not unreasonably block a pathway or a road.

The following persons are specified—

a Crown land manager responsible for the marine and coastal Crown land on which the temporary fence is to be situated;

a responder agency;

the holder of a lease of land on which the temporary fence is to be situated under section 134 of the Land Act 1958;

the holder of a lease of land on which the temporary fence is to be situated under section 17D of the Crown Land (Reserves) Act 1978;

a port manager responsible for a port facility on the marine and coastal Crown land on which the temporary fence is to be situated;

a port manager or waterway manager responsible for a pier, jetty or boat ramp on the marine and coastal Crown land on which the temporary fence is to be situated.

A consent referred to in subregulation (1) is subject to the following prescribed conditions—

the person who has a prescribed consent under subregulation (1) must ensure that the work area is left in a clean and tidy condition after the installation of the temporary fence is completed;

the person who has a prescribed consent under subregulation (1) must ensure that the temporary fence is removed within 12 months of its installation;

if the installation of the temporary fence requires the work area to be closed to the public, the person who has a prescribed consent under subregulation (1) must give written notice to the Department of the installation at least 5 business days before the works commence.