Clause 11

In this Act, “coastal flooding” means the flooding of land by seawater and may be —

permanent — as a result of land being lower than the long‑term prevailing mean sea level; or

transient — as a result of events such as high tides, wave action or overtopping, storm surges and seawater backflow through drains (including where the seawater interacts with any other source of water).(2) In this Act, where a reference is made to any coastal protection measure for any prescribed place in relation to its function as protection against coastal flooding, the coastal flooding referred to is as described in section 30E(2).Meaning of “coastal protection measure”, etc.2B.—

In this Act, a coastal protection measure is any or any combination of the following:

any structure (for example, seawalls, revetments, embankments, weirs, dykes, dams, navigational locks, barrages, barriers, sheet piles, promenades, buildings, walls and streets);

any geographical or nature‑based feature (for example, high ground, knolls, beaches and mangroves), whether naturally occurring, naturally occurring with modifications or enhancements made, or manmade,that, whether as existing or when put in place, and whether on its own or in connection with any other coastal protection measure, may function as protection against coastal flooding as described in section 30E(2).(2) The structure or geographical or nature‑based feature in subsection (1) also includes any or any combination of any ancillary structure, plant or equipment (for example, pumping stations, drains, tanks, control and monitoring equipment, groynes and breakwaters, and electrical installations), or any geographical or nature‑based feature, that —

supports the proper functioning of that structure or geographical or nature‑based feature as protection against coastal flooding; or

prevents or alleviates flooding landward of that structure or geographical or nature‑based feature, whether by seawater or water from any other source,(collectively called in this section and Part 4A ancillaries).(3) The Minister may, by order in the Gazette, prescribe any ancillaries that would otherwise fall within subsection (2), to be excluded from that subsection.(4) Any structure or geographical or nature‑based feature, together with any ancillaries, continues to be a coastal protection measure even if the same or any part of the same may also function for some other purpose in addition to the respective functions in subsections (1) and (2)(a) and (b); but Part 4A only applies in relation to the functions in subsections (1) and (2)(a) and (b).(5) To avoid doubt, a coastal protection measure —

may also be a part of some other structure or geographical or nature‑based feature; and

includes any component that must be operated or deployed in order for the coastal protection measure to protect against coastal flooding (where applicable).(6) In this Act, deploying a component of a coastal protection measure includes installing the component in or at any part of the coastal protection measure.(7) In this Act, a coastal protection measure that is put in place includes a geographical or nature‑based feature that is modified or enhanced to satisfy the CPM standards for a coastal protection measure for a prescribed place.Meaning of “prescribed place”2C.—

In this Act, “prescribed place” means any of the following:

any premises, specified reservoir or specified drain, or any part of the sea, at which is prescribed any or any part of an absolute protection boundary;

without affecting paragraph (a), any premises within, or any part of which is within, a transiently floodable area (coastal);

any sheltered structure any part of which is within a transiently floodable area (coastal);

any nearshore or offshore structure.(2) Premises, specified reservoirs, specified drains, parts of the sea, or structures, only become prescribed places as follows:

for any premises, specified reservoir, specified drain or part of the sea under subsection (1)(a) — as from the effective date of the prescription under section 30B of the absolute protection boundary or part (as the case may be) at the premises, specified reservoir, specified drain or part of the sea;

for any premises under subsection (1)(b) — as from the effective date in subsection (3) of the transiently floodable area (coastal);

for any sheltered structure under subsection (1)(c) — as from the effective date in subsection (3) of the transiently floodable area (coastal);

for any nearshore or offshore structure under subsection (1)(d) — as from the effective date of the prescription under section 30B of the absolute protection boundary or part (as the case may be) that the nearshore or offshore structure is seaward of.(3) For the purposes of subsection (2)(b) and (c), the effective date of the transiently floodable area (coastal) is, as the case may be —

the effective date of the prescription under section 30B of the part of the absolute protection boundary, and the protection boundary, by which the transiently floodable area (coastal) is demarcated or, if the effective dates of prescription of the 2 are different, the later date; or

the effective date of the prescription under section 30B of the protection boundary by which the transiently floodable area (coastal) is demarcated.Meaning of “owner” in relation to prescribed place2D.—

The Minister may, by order in the Gazette, prescribe one or more of the following persons to be an owner of any prescribed place for the purposes of any provision in Part 4A (other than section 30Q):

a person within the definition of “owner” in section 2(1);

a lessee or tenant of the prescribed place, or of any part of the prescribed place in relation to that part of the prescribed place.(2) Different persons may be prescribed —

for different provisions in Part 4A; and

for different circumstances under the same provision in Part 4A.(3) Where such prescription is made for any provision in Part 4A —

only the person prescribed (or if more than one person is prescribed, each person prescribed) is an owner of the prescribed place or part for the purposes of —

that provision; and (ii)any other provision in this Act in its application to that provision; and

no other person within the definition of “owner” in section 2(1) is an owner of the prescribed place or part for the purposes of that provision.(4) Where no such prescription is made for a provision in Part 4A, “owner” for the purposes of that provision has the meaning given by section 2(1).”.