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In forceAs enacted

Part 1 · Coastal Protection Amendments

17. Amendment of section 42

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In the SD Act, in section 42 —

(a)

in subsection (1), replace “33(7B) or 41(1)” with “30P, 33(7B) or 41 (but not any notice under section 30E(8) or 30G(7))”;

(b)

in subsection (1)(b)(i), after “section 26(5)(b),”, insert “30P(5),”;

(c)

in subsection (1)(b), replace sub‑paragraph (ii) with —“(ii)the notice is suspended and need not be complied with, and where there is non‑compliance with the notice, no proceedings may be taken under the notice.”;

(d)

in subsection (3), replace paragraph (a) with —“(a)non‑compliance with the notice —

(i)

in relation to a notice under section 22B(2) or (3B), 30F(6), 30H(5), 30I(4), 30N(4), 30O(3) or 30P(3) or (4) — will likely result in loss of life or injury, or damage to premises other than the premises in relation to which the notice was issued; and

(ii)

in relation to any other notice — will be injurious or dangerous to the public health; and”; and

(e)

in subsection (3)(b), replace “execution of” with “compliance with”.

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