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Coastal erosion management in NSW

Introduction

Erosion at Collaroy

Coastal communities and local councils are facing difficult issues associated with coastal erosion along the NSW coastline. This issue is not new: records show coastal properties being affected by coastal erosion dating back to the 1940s. However the projections for sea level rise and increased storm activity and the desire of ever more people to live and build close to the coast has the potential to increase this risk considerably.

NSW has an established framework for managing coastal erosion risks through the NSW Coastal Policy and the Coastal Protection Act 1979. This sees local councils, with financial and technical support from the State, undertaking coastal hazard studies and developing coastal zone management plans which then inform land-use planning, development controls and coastal activities.

These plans and the related planning schemes should contain a range of suitable management strategies to inform the community about how coastal erosion will be dealt with in their communities and individual landowners of properties at risk can and should respond.

Recent amendments to the arrangements for managing coastal erosion are provided below.

Amendments to coastal erosion management

Sea level rise policy

The NSW Government released a Sea Level Rise Policy Statement in November 2009. This policy is supported by new guidelines that explain how the policy's sea level rise benchmarks are to be applied in coastal and flood hazard assessments and land-use planning.

Legislative amendments

Amendments to the Coastal Protection Act commenced on 1 January 2011. These amendments and related amendments to the Local Government Act 1993:

• allow landowners in specific locations to place sand or sandbags on the beach under strict conditions as emergency coastal protection works to reduce the impact of coastal erosion on their property. If the bags cause erosion they are to be removed;
• require consent authorities assessing development applications for long-term coastal protection works, such as seawalls, to be satisfied that appropriate arrangements are in place to restore beaches if they are eroded by the works;
• allow local councils to levy a coastal protection service charge on land where the current or past landowners have voluntarily constructed coastal protection works. This charge covers council costs for maintaining the works and restoring the beach if the works cause erosion;
• establish a NSW Coastal Panel to provide expert advice to the Minister and councils on coastal management issues. Under related amendments to the Infrastructure State Environmental Planning Policy (SEPP), the Panel is the consent authority for long-term coastal protection works where the council does not have a coastal zone management plan in place;
• improve the arrangements for coastal zone management planning, including coastal climate change adaptation;
• strengthen the powers of authorised officers and order powers relating to illegal dumping on beaches, and increasing penalties; and
• enhance the statutory exemptions from liability for councils and State agencies when their coastal management activities are carried out in good faith.

The amendments to these Acts are supported by a series of statutory and non-statutory guidelines.

The Coastal Protection Regulation 2011 commenced on 3 March 2011 and includes additional requirements that support the amendments to the Coastal Protection Act.

Further information is available in frequently asked questions and clarification on what the Act does and does not do.

Coastal zone management plans and emergency action subplans

To expedite the planning process, directions have been issued by the Ministers administering the Coastal Protection Act to councils that have not completed coastal zone management plans (where the council area includes one or more of the State's identified 'hot spots'). The plans will need to be completed within 12 months or as otherwise agreed.

These councils will also be required to prepare coastal erosion emergency action subplans (generally by 31 October 2011). These will set out how landowners, agencies and councils will respond in the event of storm-driven erosion. The Government will provide funding to help councils prepare their plans.

Review

The Minister for the Environment, the Hon Robyn Parker MP, announced in a media release on 14 September 2011 that she was seeking feedback on the arrangements for managing coastal erosion and ideas for improvement.