South Australian Legislation
South Australia Coast Protection Act 1972 An Act to make provision for the conservation and protection of the beaches and coast of this State; and for other purposes.
Contents Part 1—Preliminary 1 Short title 4 Interpretation 5 Act to bind the Crown Part 2—Administration 6 Establishment of Board 7 Control and direction of Board 8 Membership of Board 9 Quorum etc 10 Validation of acts of Board 11 Allowances and expenses 12 Secretary 13 Board may use services or staff of administrative unit 13A Delegation by Board 14 General duties of Board 18 Advisory committees Part 3—Coast protection districts 19 Constitution of coast protection districts 20 Management plan Part 4—Powers of Board 21 Authorised works 21A Power to remove sand etc 22 Powers of acquisition 23 Powers of entry 24 Temporary occupation 25 Compensation for entry or temporary occupation Part 6—Financial provisions 29 Coast Protection Fund 30 Power to borrow 31 Accounts and audit 32 Contribution towards works to be performed by council 32A Grants to councils for acquisition of land 33 Contribution to works of the Board Part 7—Miscellaneous 34 Restricted area 34A Appointment of wardens 34B Powers of warden 34C Evidentiary 35 Report 36 Inquiry 37 Regulations Legislative history
The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Coast Protection Act 1972. 4—Interpretation 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— (a) 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 (b) 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— (a) within the mean high water mark and the mean low water mark on the seashore at spring tides; or (b) above and within one hundred metres of that mean high water mark; or (c) below and within three nautical miles of that mean low water mark; or (d) within any estuary, inlet, river, creek, bay or lake and subject to the ebb and flow of the tide; or (e) declared by regulation to constitute part of the coast for the purposes of this Act; coast facility means any building, structure or works— (a) for the use or enjoyment of those who may resort to the coast; or (b) of a kind declared by regulation to constitute a coast facility; council means— (a) a council within the meaning of the Local Government Act 1934; or (b) 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— (a) land lawfully granted or contracted to be granted for an estate of freehold by or on behalf of the Crown; or (b) land subject to a perpetual lease lawfully granted by or on behalf of the Crown; relevant Act means— (a) in relation to the Adelaide Dolphin Sanctuary—the Adelaide Dolphin Sanctuary Act 2005; or (b) in relation to a marine park—the Marine Parks Act 2007; or (c) in relation to the River Murray or the Murray‑Darling Basin—the River Murray Act 2003; relevant Minister means— (a) in relation to the Adelaide Dolphin Sanctuary—the Minister to whom the administration of the Adelaide Dolphin Sanctuary Act 2005 is committed; or (b) in relation to a marine park—the Minister to whom the administration of the Marine Parks Act 2007 is committed; or (c) 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— (a) the Adelaide Dolphin Sanctuary; or (b) a marine park; or (c) 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. 5—Act to bind the Crown This Act binds the Crown.
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