Queensland Consolidated Acts

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COASTAL PROTECTION AND MANAGEMENT ACT 1995 - SECT 104

104 Assessing applications

(1) In assessing the application the chief executive must—

(a) if the chief executive is the assessment manager—consider the potential impact of the development on coastal management; or
(b) if the chief executive is a concurrence agency—consider the potential impact of the development on coastal management excluding amenity or aesthetic significance or value.

(2) Without limiting subsection (1), if the chief executive is the assessment manager, the chief executive must consider the following—

(a) natural coastal, riverine and estuarine processes, including, for example, erosion and accretion, wave and tidal currents, littoral drift, tidal prism and tidal inundation;
(b) natural topography and drainage of coastal land, including, for example, the integrity of dune systems and natural surface runoff;
(c) coastal wetlands and other coastal ecological systems, including, for example, the wildlife, biological diversity and water quality of the wetlands or systems;
(d) places or objects that have cultural heritage, landscape, historical, anthropological, archaeological or aesthetic significance or value;
(e) public access to the foreshore.

(3) Without limiting subsection (1), if the chief executive is a concurrence agency, the chief executive must consider the matters mentioned in subsection (2) other than amenity or places or objects that have aesthetic significance or value.

(4) Also, if the application is for reconfiguration of a lot in connection with the construction of an artificial waterway, the chief executive must consider the following—

(a) the proposed use and maintenance of the artificial waterway after it is constructed;
(b) how the top water level in the waterway and the water supply, if any, to the waterway will be maintained;
(c) how water, if any, is supplied to the waterway;
(d) the capacity of the outlet structure, if any, from the waterway;
(e) how pollution and siltation of the waterway will be minimised;
(f) how the waterway's water quality will be monitored and maintained.

(5) Subsections (1) to (4) do not limit the Planning Act, section 282 or chapter 6, part 5, division 2.

(6) In this section—

coastal management does not include coastal management in relation to Aboriginal cultural heritage or Torres Strait Islander cultural heritage.



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