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“Queensland Statute Reprints”

QUT Digital Collections

This copy is not an authorised reprint within the meaning of the Reprints Act 1992 (Qld).

This digitized copy of a Queensland legislation pamphlet reprint is made available for non-commercial educational and research purposes only. It may not be reproduced for commercial gain.

©State of Queensland

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THE BEACH PROTECTION REGULATIONS OF 1968 Premier's Office,

Brisbane, Sth September, 1968.

THE Deputy Governor, for and on behalf of His Excellency the Governor, acting by and with the advice of the Executive Council and in pursuance of the provisions of "The B~ch Protection Act of 1968" has been pleased to make the following Regulations:-

1. These Regulations may be cited as ''The Beach Protection Regulations of 1968".

2. A representative of the Local Authorities north of the Shire of Noosa, the Areas whereof respectively include any part of the coast or any island adjacent to the Coast, to be a member of the Beach Protection Advisory Board shall be nominated by the Executive of The Local Government Association of Queensland (Incorporated) and in making such nomination such Executive shall have due regard only to the wishes of such Local Authorities.

3. (1) In respect of the first and every subsequent appoint- ment of a representative nominated pursuant to Regulation 2 of these Regulations the Minister shall cause The Local Government Association of Queensland (Incorporated) to be notified as he deems fit of a date on or before which he requires such nomination to be furnished to him at the address stated by him.

(2) If any such nomination is not furnished to the Minister as required by him, he may nominate a person as the representative of such Local Authorities and the Governor in Council may appoint that person a member of such Board as that representative.

J. BIELKE-PETERSEN.

Gov. Gaz., 7th September, 1968, No. 4, page 74

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The following pages contain all current amendments which have been Gazetted to date of this printing.

The amendments have been printed on one side of the page for those who wish to cut and paste into the relevant areas of the regulations.

November 1984

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Premier's Office,

Brisbane, 15th January, 1970.

THE Deputy Governor, for and on behalf of His Excellency the Governor, acting by and with the advice of the Executive Council and in pursuance of the provisions of "The Beach Protection Act of 1968," has been pleased to make the follow- ing Amendments to "The Beach Protection Regulations of 1968".

1. The following Regulations are inserted in such Regu- lations immediately following Regulation 3:-

"4. (i) The Forms set forth in the Schedule hereto, shall be used for the purposes for which they are respectively applicable:

Provided that no such Form shall be deemed invalid if it is to the effect of the respectively proper Form in the said Schedule with such modifications as the circumstances may require.

(ii) Where a Form prescribed by these Regulations requires completion by the insertion of particulars or other matters referred to in the Form, those particulars or other matters are prescribed as the particulars or other matters required under the provisions of the Act for the purpose for which the Form is prescribed.

(iii) A Form prescribed by these Regulations shall be completed in accordance with such directions as are specified in the Form as so prescribed.

5. An application for a permit to erect a structure or alter an existing structure on any land in a beach erosion control district shall be in Form 1 of the Schedule hereto.

6. An application for compensation for injurious affec- tion shall be in Form 2 of the Schedule hereto."

2. The following Schedule of Forms is inserted in such Regulations immediately following Regulation 6:-

THE SCHEDULE (Form 1)

"THE BEACH PROTECTION ACT OF 1968"

(Section 44)

APPLICATION FOR A PERMIT TO ERECT A

STRUCTURE OR ALTER AN EXISTING STRUC- TURE ON LAND IN A BEACH EROSION CONTROL DISTRICT

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PART 1

(To be completed by applicant and forwarded to the Local Authority in the area in which the land is situated) Full name of Applicant:

Address:

Full N arne of Owner of Land:

Address:

Site Location:

(Street), (Town)

Real Property Office Description: Parish of:

County of . Area:

Signature of Applicant.

NoTE.-This application is to be accompanied by a locality plan and a plan of the proposed new structure or a plan of the existing structure showing alterations to be made thereto.

PART 2

(To be completed by the Local Authority and forwarded to the Secretary, Beach Protection Authority, Box 185, P.O., Brisbane North Quay, 4000)

Local Authority:

Distance between high water mark and the seaward boundary of the land, the subject of the application:

Distance between the real property boundaries and the external limits of the proposed structure or alterations to the existing structure:

Spot levels are to be shown on locality plan at seaward boundary and seaward side of structure.

Application recommended* Not recommended*

*(Strike out whichever is not applicable)

(Signed) Town or Shire Clerk.

(Form 2)

"THE BEACH PROTECTION ACT OF 1968"

(Section 46)

CLAIM FOR COMPENSATION Date:

To The Beach Protection Authority,

Box 185, P.O., Brisbane North Quay, 4000.

I, , of

(full name)

being a person whose estate or interest in the land described hereunder is injuriously affected by-

*(a) the refusal of the Authority on the

day of , 197 , to grant a permit under section 44 of the Act; or

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*

(b) the refusal of the Authority on the

day of , 197 , to consent to the opening of a road or to a subdivision of land under section 45 of the Act.

hereby claim compensation in respect of such injurious affection.

*(Strike out whichever is not applicable) The description of the said land is as follows:-

Parish of: County of:

Area:

The nature and particulars of my estate or interest in the said land is as follows:-

The nature and particulars of any trust, obligation, mort- gage, lease, agreement to lease, charge, rate, contract, claim, or other estate or interest whatsoever to which my interest in such land is subject is as follows:-

The value of my estate or interest in the said land prior to the decision of the Authority under section 44/45* of the Act is---

*(Strike out whichever section is not applicable) Land

Improvements

Total $

$

The value of my estate or interest in the said land follow- ing decision of the Authority under section 44/45* of the Act is-

*(Strike out whichever section is not applicable) Land

Improvements

Total $

Nature and particulars of injurious affection- Amount claimed for injurious affection $

$

I, , of , do warrant the truth

of the above statement of claim and the nature and particulars of any trust, obligation, mortgage, lease, agreement to lease, charge, rate, contract, claim or other estate or interest to which the land taken is subject, and I do hereby submit my claim accordingly.

Dated this day of , 197

(Signature of Claimant) Witness:

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"THE BEACH PROTECTION REGULATIONS OF 1968"

AMENDMENT

Department of Harbours and Marine, Brisbane, 27th February, 1975.

HIS Excdlency the Governor, acting by and with the advice cf the Executive Council and in pursuance of the provisions of the Beach Protection Act 1968-1972. has been pleased to further amend "The Beach Prc1ettion Regulations of 1968"

as set out hereunder.

N. E. HEWITT.

By omitting Form 1 in the S;;hedule thereto and inserting in its stead the following Form 1:-

(Form 1)

Beach Protection Act 1968-1972 (Section 44)

APPLICATION TO THE BEACH PROTECTION AUTHORITY FOR A PERMIT TO ERECT A STRUCTURE OR ALTER AN EXISTING STRUCTURE ON LAND IN A BEACH EROSION CoNTROL DISTRICT

Part I

I, (Full Name of Applicant), of (Address), acting on behalf of (Full Name of Owner of Land), of (Address), hereby make application for a permit to •erect/*alter (Description

of

Structure) on land described as (Real Property Description), Parish of , County of , pursuant to section 44 of the Beach Protection Act 1968-1972.

I attach to this application plans comprising:- (a) A plan of the Real Property boundaries as shown

on the Certificate of Title of the land on which the structure is to be ertcted or a1tered, marked with the plan shape and description of existing struc- tures and proposed stwctures. related by dimen- sions to the Real Property boundaries of the land.

(b) A plan showing the location and quantity of earth or sand to be excavated within the land in association with the erection or alteration of the proposed structure. related by dimensions to the Real Property boundaries of the land.

(c J A plan showing the location. size and points of discharge of pipes or open drains proposed for the discharge of stormwater. relattd by dimensions to the Real Property boundaries of the land.

Date: Signed:

Part I of this Application must be completed by the Applicant and forwarJed to the Local Authority.

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Part

n

This application is hereby forwarded for consideration by

th~ B:ach Protection Authority pursuant to section 44 of the B:!ach Protection .Act 1968-1972.

• The land is at present in the Zone, under the Council's approved Town Planning Scheme.

*

The land is not subject to any approved Town Planning Scheme.

• The Council recommends that th: Authority grant a

p~rmit pursuant to the said Section in resp::ct of this application.

• The O>uncil recomm~nds that the Authority refuse to grant a permit in rc,spect of this application for the following reasons:-

The Council's present By-laws which apply to the con- struction of buildings and the discharge of stormwater •are attached/*have previously been forwarded to the Authority by letter dated

A copy of the Order in O>uncil approving the Town Planning Scheme (if any) •is attached/*has previously \xen forwarded to the Authority by letter dated

Dated: Signed:

•Town Clerk/*Shire Clerk Part II of this Application must be completed by the Local Authority and the Application, together with Attach- ments must be forwarded to the Secretary, Beach Protection Authority G.P.O. Box 2195, Brisbane.

•Delete whichever is not applicable.

By Authority: S. A. Hampson. Government Printer, Queensland·

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