Clause 13

This Part binds the Government and for this purpose, a reference to a person in any provision of this Act in its application to a provision in this Part includes the Government; but nothing in this Act renders the Government liable to prosecution for an offence.(2) The Minister may, by notification in the Gazette, designate —

any public body for which the Minister is the responsible Minister (including the Board); and

any public body for which the Minister is not the responsible Minister, after consultation with the responsible Minister of the public body,to act as agent of the Government, or otherwise assist the Government, in relation to any obligation imposed on the Government under this Act to carry out coastal management, and operate or deploy any component of a coastal protection measure.(3) The public body must act under its designation in accordance with —

any limitations on its designation; and

any directions from time to time,that the Minister responsible for the public body may impose.(4) The public body, when acting under its designation in accordance with subsection (3), is treated as carrying out a function or exercising a power conferred on the public body under the Act that establishes it.(5) A designation by the Minister does not affect or prevent the Government from carrying out any obligation imposed on the Government under this Part.(6) In this Part, where an obligation is imposed in relation to a coastal protection measure for any part of the sea, the Government must undertake that obligation.(7) In this section, “public body” means a body corporate established by a public Act for the purposes of a public function, excluding a Town Council established by section 4 of the Town Councils Act 1988.Minister to prescribe absolute protection boundaries, protection boundaries, nearshore or offshore structures, coastal protection safety corridors, etc.30B.—

The Minister may, from time to time, by order in the Gazette, prescribe —

the location of any or any part of an absolute protection boundary or a protection boundary at any of the following:

any premises at or near —

a specified reservoir;

a specified drain; or

the sea;

any specified reservoir or specified drain, or any part of the sea;

the part of the sea that is to be treated as seaward of any or any part of an absolute protection boundary; and

the location of any coastal protection safety corridor.(2) The Minister may provide in an order under subsection (1) for any matter in that subsection to be more particularly described, detailed or delineated by the Board in the Coastal Protection Interpretation Plan.(3) The Minister must include in an order under subsection (1) a date by which any premises, specified reservoir, specified drain or part of the sea, that becomes a prescribed place under section 2C by virtue of the order, must have a coastal protection measure for the prescribed place.(4) The Minister may, from time to time, amend an order under subsection (1) for any of the following:

to add or remove, or modify the description of, any premises, specified reservoir, specified drain or part of the sea under subsection (1)(a);

to modify or change the location of any or any part of an absolute protection boundary, a protection boundary, a coastal protection safety corridor or a part of the sea under subsection (1)(a), (b) or (c);

to amend any date under subsection (3).Coastal Protection Interpretation Plan30C.—

For the purposes of this Part, the Board must prepare, maintain and keep up to date a Coastal Protection Interpretation Plan (CPIP) that describes, details or delineates the following:

any or any part of an absolute protection boundary and a protection boundary at a prescribed place, and the part of the sea treated as seaward of any or any part of an absolute protection boundary;

any or any part of a transiently floodable area (coastal);

any coastal protection measure or any part of a coastal protection measure for a prescribed place;

any coastal protection safety corridor;

any coastal protection reserve, being the area at a prescribed place estimated to be required —

for any future expansion of the coastal protection measure for the prescribed place under section 30E(5); and

to access the coastal protection measure for the prescribed place (including after any expansion mentioned in sub‑paragraph (i)) to —

maintain and repair the coastal protection measure; and

inspect and monitor the coastal protection measure.(2) Nothing in this section prevents the Board from including in the CPIP any other information, including any description, detail or delineation of any coastal protection measure or part that is proposed to be or is being put in place for a prescribed place.(3) For the purpose of describing, detailing or delineating in the CPIP any matter in subsection (1), the Board may include in the CPIP any map or three‑dimensional image.(4) The Board may, from time to time, amend any description, detail or delineation in the CPIP of any matter in subsection (1) or (2).(5) The CPIP need not be published in the Gazette, and may be maintained electronically.(6) The Board must make provision for the inspection of the CPIP over one or more platforms, whether or not hosted by the Board, and the Board may determine what information in the CPIP may be inspected on any such platform.(7) Regulations made under section 74 may provide —

for the persons who may inspect the CPIP, and the parts of the CPIP that may be so inspected, on any platform;

the assignment of authentication codes and accounts to persons permitted to inspect the CPIP;

the circumstances under which authentication codes and accounts may be cancelled or suspended;

where the CPIP may be inspected and (as appropriate) the time during which the CPIP may be inspected;

that copies of any part of the CPIP may be purchased, how the copies may be purchased and the fee payable for the copies; and

if copies of any part of the CPIP are available in other ways, the details of where or how the copies may be accessed or obtained.(8) Despite any other Act, any electronic record of any part of the CPIP, or a copy or printout of that electronic record, is, in any proceedings under this Act, admissible as evidence of the facts stated or contained therein if that electronic record, copy or printout is authenticated —

by a certificate which —

gives the particulars of any person or device involved in the production or transmission of the electronic record, copy or printout;

identifies the nature of the electronic record, copy or printout; and

purports to be signed by the Chief Executive of the Board, or an officer of the Board that the Chief Executive designates; or

in the manner provided in the Evidence Act 1893 for the authentication of computer output.Designating coastal protection measures or parts of coastal protection measures in CPIP, etc.30D.—

Subject to subsection (3), for the purposes of section 30C(1)(c), the Board —

must describe, detail or delineate in the CPIP the coastal protection measure for a prescribed place —

that the Board has accepted under section 30E(3)(a); or

that has been put in place for the prescribed place and in respect of which the Board has issued a compliance certificate or completion certificate under section 33,and the Board must update the designated details of the coastal protection measure in the CPIP whenever a compliance certificate or completion certificate is issued under section 33 for an expansion of the coastal protection measure under section 30E or an alteration of the coastal protection measure under section 30H; and

may describe, detail or delineate in the CPIP a part of a coastal protection measure for any prescribed place in accordance with subsection (4), (6) or (7), and remove those designated details from the CPIP once the coastal protection measure for the prescribed place is itself described, detailed or delineated in the CPIP under paragraph (a).(2) Where any structure or geographical or nature‑based feature, together with any ancillaries, for the prescribed place exceeds the CPM standards for a coastal protection measure for the prescribed place, the Board may include any part of the structure or geographical or nature‑based feature, and ancillaries, that exceed the CPM standards in the description, detail or delineation in the CPIP of the coastal protection measure for the prescribed place.(3) Despite subsections (1) and (2), the Board may instead, if it considers appropriate, describe, detail or delineate a coastal protection measure or a part of a coastal protection measure for a prescribed place in a written notice to the owner of the prescribed place.(4) Where —

any part (the relevant part) of a coastal protection measure for a prescribed place (prescribed place A) must be put in place or expanded at an adjacent prescribed place (prescribed place B) for the purpose of effecting a connection between the coastal protection measures for prescribed place A and prescribed place B; and

a compliance certificate or completion certificate is issued under section 33 for the coastal protection measure put in place or expanded for prescribed place A that includes the relevant part at prescribed place B,the Board may —

if there is no coastal protection measure for prescribed place B — describe, detail or delineate in the CPIP the relevant part as a part of a coastal protection measure for prescribed place B; or

if there is a coastal protection measure for prescribed place B — include in the CPIP the relevant part in the description, detail or delineation of the coastal protection measure for prescribed place B.(5) Despite any other written law or any rule of law, where subsection (4) applies, the owner of prescribed place B becomes the owner of the relevant part only upon the issue of the compliance certificate or completion certificate mentioned in paragraph (b) of that subsection.(6) Despite not being able to issue a compliance certificate or completion certificate for, or for an expansion of, a coastal protection measure for a prescribed place (including because the coastal protection measure has not yet been connected to any coastal protection measure for any adjacent prescribed place), the Board may describe, detail or delineate in the CPIP any part of the coastal protection measure or expansion as it thinks appropriate, as being a part of the coastal protection measure for the firstmentioned prescribed place.(7) The Board may describe, detail or delineate in the CPIP any part of a coastal protection measure for a prescribed place where a compliance certificate or completion certificate is issued for that part under section 33.Division 2 — Obligations to have and connect coastal protection measuresPrescribed places to have coastal protection measures30E.—

As from and including the date prescribed in an order under section 30B(3) for a prescribed place, an owner of the prescribed place must ensure that there is at all times a coastal protection measure for the prescribed place that meets the CPM standards for the coastal protection measure.(2) A coastal protection measure for the prescribed place is to protect against coastal flooding as follows:

if any or any part of an absolute protection boundary has been prescribed at the prescribed place — protect against permanent coastal flooding and transient coastal flooding of the region within the absolute protection boundary (together with other coastal protection measures for other prescribed places at which other parts of the absolute protection boundary are prescribed, as the case may be);

if the prescribed place or any part of the prescribed place is within a transiently floodable area (coastal) — protect against permanent coastal flooding of the transiently floodable area (coastal) (together with other coastal protection measures for other parts of the transiently floodable area (coastal), as the case may be);

if the prescribed place is a sheltered structure — protect against permanent coastal flooding and transient coastal flooding of the sheltered structure;

if the prescribed place is a nearshore or offshore structure — protect against permanent coastal flooding and transient coastal flooding of the nearshore or offshore structure.(3) For the purposes of subsection (1), there is a coastal protection measure for a prescribed place if —

in a case where the coastal protection measure for the prescribed place comprises only of any existing structure or geographical or nature‑based feature, together with any ancillaries — the Board has accepted, on the application of a person prescribed in regulations made under section 74, the structure or geographical or nature‑based feature, together with any ancillaries, as the coastal protection measure for the prescribed place; and

in any other case — the Board has issued a compliance certificate or completion certificate under section 33 for the coastal protection measure put in place for the prescribed place.(4) Subsection (3) does not apply if the acceptance given, or compliance certificate or completion certificate issued, is for only a part of a coastal protection measure for the prescribed place.(5) Where, after the date in subsection (1) —

the CPM standards for the coastal protection measure for a prescribed place are revised to have effect from a date specified in the code of practice under section 32 for the CPM standards; and

the coastal protection measure must be expanded in order to meet the CPM standards as revised,then, despite any previous acceptance given, or compliance certificate or completion certificate issued, for the coastal protection measure, the owner of the prescribed place must ensure that the coastal protection measure is so expanded by the date mentioned in paragraph (a).(6) For the purposes of subsection (5), the coastal protection measure for the prescribed place is treated as expanded to meet the revisions to the code of practice if a compliance certificate or completion certificate has been issued under section 33 for the expansion, but not if the expansion is of only a part of the coastal protection measure.(7) For the purposes of subsection (5), expanding a coastal protection measure for a prescribed place includes the following:

(subject to section 30H) demolishing or otherwise removing the whole of the coastal protection measure, and (subject to section 30F) putting in place a new coastal protection measure for the prescribed place;

(subject to section 30H) demolishing or otherwise removing any part of the coastal protection measure, and (subject to section 30F) putting in place a new part.(8) Where an owner of a prescribed place contravenes subsection (1) or (5), the Board may serve on the owner a written notice requiring the owner to —

ensure that there is a coastal protection measure for the prescribed place that meets the CPM standards for the coastal protection measure;

expand the coastal protection measure to meet the CPM standards as revised for the coastal protection measure; or

do anything necessary to ensure that the coastal protection measure meets the CPM standards for the coastal protection measure (including as revised),within the time specified in the notice.(9) Any person who contravenes subsection (1) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both.(10) To avoid doubt —

the obligations of an owner of a prescribed place under this section apply despite any other written law or any rule of law; and

the mere presence of anything at the prescribed place where the coastal protection measure is to be put in place or expanded, does not by itself absolve the owner of the prescribed place from the requirements of putting in place or expanding the coastal protection measure under subsection (1) or (5), as the case may be.Board’s certificate or approval required for coastal protection measure30F.—

A person must not put in place or expand a coastal protection measure, or a part of a coastal protection measure, for a prescribed place (called in this section relevant works), or cause or permit such relevant works, for the purposes of section 30E without first obtaining for the relevant works a clearance certificate or the approval of the Board under section 33.(2) Where, in respect of 2 or more prescribed places that are adjacent to one another, each of the applications for a clearance certificate or the approval of the Board relating to any relevant works is pending before the Board, the Board may approve the applications in any order that it thinks fit and may, for this purpose, take into account the relative complexities and time involved in the relevant works for the respective prescribed places.(3) The Board may impose as a condition of a clearance certificate or approval under section 33(7) that the certificate or approval is valid for a specified period.(4) The Board may, on its own initiative or upon an application made within the time prescribed in regulations made under section 74, extend the period of validity of a clearance certificate or approval relating to any relevant works at any prescribed place; but any extension (if granted) does not extend the date mentioned in section 30E(1) or (5)(a) to have a coastal protection measure or expand a coastal protection measure (as the case may be) for the prescribed place.(5) Where the period of validity of a clearance certificate or an approval is about to expire or has expired, an application for a new clearance certificate or approval may be made to the Board, whether or not for the same relevant works for the prescribed place for which the firstmentioned clearance certificate or approval was granted.(6) Where a person contravenes subsection (1) or any condition of a clearance certificate or approval mentioned in that subsection, the Board may do one or both of the following:

serve on an owner of the prescribed place a written notice requiring the owner to demolish or remove the coastal protection measure or the part of the coastal protection measure, or the expansion, resulting from the relevant works, or restore the coastal protection measure or part or expansion to its original condition, within the time specified in the notice;

revoke the clearance certificate or approval given, or suspend the clearance certificate or approval for any period that the Board considers reasonable.(7) Any person who —

contravenes subsection (1); or

carries out any relevant works —

after the clearance certificate or approval relating to those works has expired (and a new clearance certificate or approval has not been granted under subsection (5)); or

after the clearance certificate or approval relating to those works has been revoked, or during the period that the clearance certificate or approval is suspended, under subsection (6)(b),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000.Obligations of owners of adjacent prescribed places and connections between coastal protection measures30G.—

This section applies where any part of an absolute protection boundary runs continuously through 2 prescribed places adjacent to each other.(2) So much of a coastal protection measure or a part of a coastal protection measure for one of the prescribed places, must be connected to a coastal protection measure or a part of a coastal protection measure for the other prescribed place, as specified by the Board in any clearance certificate or approval granted by the Board relating to each coastal protection measure or part, or any of them (called in this section necessary connection) in accordance with any code of practice under section 32 for the connection of coastal protection measures.(3) The Board may provide any part of the plans submitted to it for a coastal protection measure or a part of a coastal protection measure for one of the prescribed places (prescribed place A) (including for any expansion thereof), to an owner of an adjacent prescribed place as may be necessary to enable the owner of the adjacent prescribed place to ensure that the necessary connection is effected.(4) The part of the plans provided by the Board under subsection (3) may be all or any of the following plans:

the plans submitted to the Board for —

the acceptance mentioned in section 30E(3)(a) of the coastal protection measure or part mentioned in subsection (3) for prescribed place A; or

the clearance certificate or approval relating to the coastal protection measure or part mentioned in that subsection for prescribed place A;

the plans accepted or approved by the Board for the compliance certificate or completion certificate for the coastal protection measure or part mentioned in that subsection for prescribed place A.(5) Where the Board has granted a clearance certificate or an approval under section 33 relating to a coastal protection measure or a part of a coastal protection measure for one of the prescribed places (prescribed place A) but not yet for the other, then, unless regulations made under section 74 provide otherwise —

the owner of the other prescribed place (prescribed place B) must ensure that the necessary connection is effected, and must alter (subject to section 30H) the coastal protection measure or part for prescribed place A, or put in place a part of a coastal protection measure at prescribed place A (subject to section 30E), as may be necessary for this purpose; and

the owner of prescribed place B is responsible for the costs and expenses of effecting the necessary connection, including the costs and expenses of any matter mentioned in paragraph (a).(6) Regulations made under section 74 may provide —

that (despite subsection (5)) the costs and expenses of effecting the necessary connection and any matter mentioned in subsection (5)(a) are to be —

borne by the owner of prescribed place B;

borne by the owner of prescribed place A; or

shared between both owners, and the manner or methodology of apportioning the costs and expenses for such sharing; and

for the recovery by one owner from the other owner of any costs and expenses or portion of costs and expenses due to the firstmentioned owner from the other owner, by virtue of regulations mentioned in paragraph (a).(7) Where an owner of a prescribed place contravenes subsection (5)(a) or any regulations mentioned in subsection (5), the Board may serve on the owner a written notice requiring the owner to rectify the contravention within the time specified in the notice.(8) The Board may impose as a condition of a clearance certificate or approval under section 33(7) that where an owner of a prescribed place puts in place any part of a coastal protection measure at an adjacent prescribed place for the purpose of effecting a necessary connection, the owner of the firstmentioned prescribed place must ensure that —

any warranty against defects in respect of the part of the coastal protection measure; and

any undertaking to make good the defects at the costs and expenses of the person providing the warranty,extends to the owner of the adjacent prescribed place.Coastal protection measure not to be altered without Board’s certificate or approval30H.—

Where a coastal protection measure or a part of a coastal protection measure for a prescribed place has been described, detailed or delineated under section 30D, a person must not alter (including by any addition, demolition or removal) or cause or permit any alteration to, the coastal protection measure or part (as the case may be) without first obtaining for the alteration a clearance certificate or the approval of the Board.(2) An alteration to a coastal protection measure or a part of a coastal protection measure for a prescribed place (prescribed place A) under subsection (1) may be —

initiated by an owner of prescribed place A or an owner of any prescribed place adjacent to prescribed place A; or

required by the Board by written notice served on any owner in paragraph (a), and the Board may serve such notice despite —

any acceptance given, or compliance certificate or completion certificate issued, by the Board for the purposes of section 30E for the coastal protection measure or part; and

the coastal protection measure or part satisfying the CPM standards for the coastal protection measure or part.(3) The Board may require an alteration to a coastal protection measure or a part of a coastal protection measure for a prescribed place under subsection (2)(b) for the purpose of connecting the coastal protection measure or part to another coastal protection measure or a part of another coastal protection measure for any adjacent prescribed place, or for such other purpose as may be prescribed in regulations made under section 74.(4) In considering an application for a clearance certificate or the approval of the Board under subsection (1), the Board may take into consideration —

the effect of the alteration on the current ability of the coastal protection measure or part to protect against coastal flooding; and

the effect of the alteration on any expansion of the coastal protection measure or part which may be required in the future pursuant to section 30E.(5) Where a person contravenes subsection (1) or any condition of a clearance certificate or approval mentioned in that subsection, the Board may do one or both of the following:

serve on any person specified in subsection (7) a written notice requiring the person to demolish or remove the coastal protection measure or the part of the coastal protection measure, or restore the coastal protection measure or part to its original condition, within the time specified in the notice;

revoke the clearance certificate or approval given, or suspend the clearance certificate or approval for any period that the Board considers reasonable.(6) Where any alteration required by the Board under subsection (2)(b) is not carried out, the Board may serve on any person specified in subsection (7) a written notice requiring the person to carry out the alteration within the time specified in the notice.(7) The notice mentioned in subsection (5)(a) or (6) may be served on all or any of the following persons:

any person who does or causes or permits to be done any alteration mentioned in subsection (1);

the owner of the prescribed place;

any person having power to alter the coastal protection measure or part mentioned in subsection (1).(8) Where any alteration to a coastal protection measure or a part of a coastal protection measure for a prescribed place is initiated under subsection (2)(a), any person who —

contravenes subsection (1) in relation to the alteration; or

carries out any alteration after the clearance certificate or approval relating to the alteration has been revoked, or during the period that the clearance certificate or approval is suspended, under subsection (5)(b),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both.(9) Where any alteration to a coastal protection measure or a part of a coastal protection measure for a prescribed place is required by the Board by written notice under subsection (2)(b), any person who —

fails to comply with the notice within the time specified in the notice;

contravenes subsection (1) in relation to any alteration required by the notice; or

carries out any alteration after the clearance certificate or approval relating to those works has been revoked or during the period that the clearance certificate or approval is suspended under subsection (5)(b),shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000.Division 3 — Maintenance and operation of coastal protection measures, and flood response plansMaintenance, inspection and monitoring of coastal protection measure or part30I.—

Subject to subsection (2), where a coastal protection measure or a part of a coastal protection measure for a prescribed place has been described, detailed or delineated under section 30D, an owner of the prescribed place must maintain and, as necessary, repair the coastal protection measure or part so that it meets at all times —

the designated details of the coastal protection measure or part; and

the CPM standards for the coastal protection measure or part.(2) Subsection (1) does not apply to so much of the coastal protection measure or part being altered under section 30H.(3) Regulations made under section 74 may provide for the times, circumstances or frequency at which, and the manner in which, an owner of a prescribed place must inspect and monitor the coastal protection measure or part for the prescribed place mentioned in subsection (1).(4) Where an owner of a prescribed place contravenes subsection (1), the Board may serve on the owner a written notice requiring the owner to —

submit to the Board an assessment on the rectification or repair works necessitated by the matter prescribed, and any other information that may be prescribed, in accordance with regulations made under section 74; and

maintain and, as necessary, repair the coastal protection measure or part within the time specified in the notice.(5) Any person who contravenes subsection (1) or any regulations mentioned in subsection (3) shall be guilty of an offence and shall be liable —

on the first conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year or to both; and

on a second or subsequent conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both.Notification of Board of certain matters relating to coastal protection measure or part30J.—

Without affecting section 30I, where a coastal protection measure or a part of a coastal protection measure for a prescribed place has been described, detailed or delineated under section 30D, an owner of the prescribed place must notify the Board, in accordance with any regulations made under section 74, of any matter prescribed in those regulations relating to the coastal protection measure or part.(2) For the purposes of subsection (1), the matters which may be prescribed include —

any physical damage or deterioration to the coastal protection measure or part; and

any component of the coastal protection measure not being operable or deployable.(3) The owner of the prescribed place must also submit to the Board an assessment on the rectification or repair works necessitated by the matter prescribed, and any other information that may be prescribed, in accordance with regulations made under section 74.(4) Any person who contravenes subsection (1) or (3) shall be guilty of an offence.Operation or deployment of component of coastal protection measure30K.—

This section applies in relation to any coastal protection measure for a prescribed place that includes any component that must be operated or deployed in order for the coastal protection measure to protect against coastal flooding.(2) Regulations made under section 74 may provide for —

the requirements in accordance with which the component must be operated or deployed, as the case may be; and (b)the times at which or the circumstances in which the component must be operated or deployed (including when an owner of the prescribed place is instructed by the Board to do so or is notified by the Board of an impending high sea level event).(3) Any person who fails to comply with any regulations mentioned in subsection (2) shall be guilty of an offence and shall be liable —

on the first conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year or to both; and

on a second or subsequent conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both.(4) Without affecting any regulations mentioned in subsection (2), an owner of the prescribed place must —

organise and conduct drills for the operation or deployment of any component of the coastal protection measure —

at such frequency as may be provided for in regulations made under section 74; and

on such occasion as may be directed by the Board or an authorised officer; and

must, upon the request of an authorised officer, permit any authorised officer to attend at the prescribed place to observe any drill. (5) Any person who contravenes subsection (4) shall be guilty of an offence.(6) Without affecting section 30O, any person who obstructs the operation or deployment of a component of a coastal protection measure while the component is being operated or deployed, or otherwise prevents the component from being operated or deployed, shall be guilty of an offence and shall be liable —

on the first conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year or to both; and

on a second or subsequent conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both.Imminent or immediate coastal flooding response30L.—

This section applies in relation to any prescribed place within, or any part of which is within, a transiently floodable area (coastal).(2) An owner of the prescribed place must ensure that a flood response plan —

is prepared for the prescribed place by the date prescribed in regulations made under section 74 (which may be before the date prescribed under section 30B(3) in relation to the transiently floodable area (coastal)); and

is updated from time to time in accordance with any regulations made under section 74.(3) Regulations mentioned in subsection (2)(a) may provide for different dates for different owners or for different circumstances, including where a person becomes an owner of the prescribed place in place of a previous owner of the prescribed place.(4) The flood response plan must provide for the actions to be taken —

to ensure the safety of persons at the prescribed place in the event of transient coastal flooding there (including the evacuation of the persons, whether before or during the transient coastal flooding); and

for the recovery of the prescribed place after the transient coastal flooding has receded,and must conform to any requirements specified in any code of practice under section 32 for the flood response plan (which may differ for different prescribed places).(5) An owner of the prescribed place must —

provide the flood response plan to occupants of the prescribed place (including every update made to it); and

ensure that any information concerning the flood response plan that is prescribed is made available to any visitor to the prescribed place, in any manner that is provided, in regulations made under section 74.(6) Regulations made under section 74 may provide for the times at which, or the circumstances in which, the flood response plan must be executed (including upon an owner of the prescribed place being instructed by the Board to do so or being notified by the Board of an impending high sea level event) and the persons responsible for executing any part of the flood response plan.(7) Without affecting subsection (6), an owner of the prescribed place must —

organise and conduct drills of its flood response plan —

at such frequency as may be provided for in regulations made under section 74; and

on such occasion as may be directed by the Board or an authorised officer; and

at the request of an authorised officer, permit any authorised officer to attend at the prescribed place to observe any drill.(8) Any person who contravenes subsection (2) (read with subsection (4)), (5) or (7), or any regulations mentioned in subsection (3) or (6), shall be guilty of an offence.Keeping of records30M.—

An owner of a prescribed place must, in accordance with any requirement prescribed in regulations made under section 74, keep and maintain complete and accurate records containing the information and documents prescribed for a coastal protection measure or a part of a coastal protection measure for the prescribed place, in relation to any of the following:

the designated details of the coastal protection measure or part;

the putting in place, expansion or alteration of the coastal protection measure or part, and its connection to any other coastal protection measure or part;

the maintenance, repair, inspection and monitoring of the coastal protection measure or part;

the notification of prescribed matters, and assessments, under sections 30I and 30J;

the manner of operating or deploying any component of the coastal protection measure, and the drills conducted for such operation or deployment, where applicable;

the occasions on which any component of the coastal protection measure is operated or deployed, and the drills conducted for the operation or deployment of the components under section 30K(4), where applicable;

the flood response plan (including any updates to the flood response plan), and the drills conducted for the flood response plan under section 30L(7), where applicable.(2) The owner of the prescribed place must —

retain the records mentioned in subsection (1) for at least the period prescribed in regulations made under section 74;

during the prescribed period mentioned in paragraph (a), make those records available for inspection by any authorised officer when so requested by the authorised officer; and

submit to the Board those records when required by the Board by the time specified by the Board (including on a periodic basis),and the regulations may provide for different prescribed periods for different records, different types of information or documents, or different matters to which the information or documents relate.(3) Regulations made under section 74 may require, in a case where a person (A) has ceased to be an owner of a prescribed place (prescribed place A), the transfer of A’s records to which subsection (1) applies —

by A to any other person (B) (whether or not B is an owner of prescribed place A); and

by B to any other person (including any person who becomes an owner of prescribed place A after A ceases to be such).(4) Any person who contravenes subsection (1) or (2), or any regulations mentioned in subsection (3), shall be guilty of an offence.Division 4 — Works in vicinity of coastal protection measures, etc.Works, etc., prohibited in coastal protection safety corridor30N.—

Regulations made under section 74 may regulate the works and activities in a coastal protection safety corridor as follows:

prohibiting any works or activities from being carried out in any part of a coastal protection safety corridor specified in the regulations;

prohibiting any works or activities from being carried out in any part of a coastal protection safety corridor specified in the regulations without obtaining, in respect of those works or activities, a clearance certificate or the approval of the Board under section 33;

prohibiting any works or activities from being carried out in any part of the coastal protection safety corridor specified in the regulations without implementing the mitigating measures specified in the regulations.(2) A prohibition against any works or activities in regulations mentioned in subsection (1) applies despite any other written law under which the works or activities may be permitted or required.(3) The requirement for a clearance certificate or the approval of the Board pursuant to any regulations mentioned in subsection (1)(b) for any works or activities is in addition to any requirement for a clearance certificate or the approval of the Board for those works or activities pursuant to any other section in this Part.(4) Where a person contravenes any regulations mentioned in subsection (1) or any condition of a clearance certificate or approval obtained pursuant to the regulations, the Board may serve on any person specified in subsection (5) a written notice to do any one or more of the following:

immediately cease the carrying out of those works or activities, either indefinitely or for any period that the Board may specify;

within the time specified in the notice, do anything that the Board thinks necessary to protect any coastal protection measure or any part of a coastal protection measure that has been or is being put in place at the coastal protection safety corridor, and which may have been or may be affected by those works or activities;

within the time specified in the notice, demolish and remove any object, building or structure erected at any premises as a result of those works or activities, or restore the part of the coastal protection safety corridor to its condition prior to the commencement of those works or activities.(5) The notice mentioned in subsection (4) may be served on all or any of the following persons:

the person who carried out or caused or permitted to be carried out the works or activities;

the owner or occupier of the premises where the works or activities were or are being carried out;

the owner or occupier of the premises mentioned in subsection (4)(c);

any person having power to demolish or remove the object, building or structure mentioned in subsection (4)(c).(6) Any person who contravenes any regulations mentioned in subsection (1) shall be guilty of an offence and shall be liable —

on the first conviction, to a fine not exceeding $50,000; and

on a second or subsequent conviction, to a fine not exceeding $100,000.Damage caused to coastal protection measure, etc.30O.—

A person must not cause any damage to or do anything to affect the functionality of a coastal protection measure or a part of a coastal protection measure for a prescribed place described, detailed or delineated under section 30D.(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable —

on the first conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year or to both; and

on a second or subsequent conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both.(3) Where a person contravenes subsection (1), the Board may serve on any person mentioned in subsection (4) a written notice to do any one or more of the following:

immediately cease the carrying out of anything causing the damage to or affecting the functionality of the coastal protection measure or part, either indefinitely or for any period that the Board may specify;

restore the coastal protection measure or part to its original condition within the time specified in the notice.(4) The notice mentioned in subsection (3) may be served on all or any of the following persons:

the person who caused the damage to or affected the functionality of the coastal protection measure or part;

the owner of the prescribed place.Division 5 — MiscellaneousEntry by owner of prescribed place onto adjacent prescribed place30P.—

This section applies where an owner (A) of a prescribed place (prescribed place A) seeks —

consent to enter an adjacent prescribed place (prescribed place B) from the owner (B) of prescribed place B in order to carry out any works or do any act (including any survey or inspection) for the purpose of —

putting in place, expanding or altering a coastal protection measure or a part of a coastal protection measure for prescribed place A;

effecting a necessary connection (as described in section 30G(2)), including putting in place a part of a coastal protection measure at prescribed place B as may be necessary for this purpose;

maintaining or repairing a coastal protection measure or a part of a coastal protection measure; or

inspecting or monitoring a coastal protection measure or a part of a coastal protection measure; and

if necessary, any assistance from B for A to carry out any works or do any act under paragraph (a),but is unable to secure B’s consent for the entry and (as applicable) B’s assistance.(2) A may apply to the Board for a written notice to be given to B requiring B to permit the entry and (as applicable) provide the assistance.(3) Upon receipt of A’s application, the Board may —

if the Board is satisfied that —

the entry and (as applicable) assistance requested by A is necessary for A to do the works or acts in question; and

it is appropriate for A to enter prescribed place B and (as applicable) obtain B’s assistance,give to B the written notice which A applied for; or

give a written notice to B requiring B to —

carry out the works or do any act mentioned in subsection (1)(a) at prescribed place B, in place of A; or

(subject to section 30F) put in place a part of a coastal protection measure for prescribed place A and (despite section 30G(5)) effect the necessary connection between the coastal protection measures or parts (as the case may be) for prescribed place A and prescribed place B.(4) Where subsection (3)(b) applies, the Board may also by written notice require A to permit such entry to prescribed place A as is necessary and appropriate for B to carry out its obligations under that provision, and render such assistance as B may require for that purpose.(5) Any person who contravenes a written notice of the Board mentioned in subsection (3) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both.(6) Where entry is effected onto any prescribed place pursuant to a written notice of the Board under subsection (3) or (4) that is issued in good faith and with reasonable care, the Board is not liable for —

any damage to the prescribed place or to a coastal protection measure or a part of a coastal protection measure for the prescribed place; or

any loss caused to B or A, as the case may be,as a result of the entry or anything done by any person so entering the prescribed place. (7) Where B or A does not permit entry or provide any assistance as specified in a written notice under subsection (3)(a) or (4) (as the case may be), the Board may enter the prescribed place in question under section 44 and carry out the works or acts specified in the notice.(8) Regulations made under section 74 may provide —

that any of the costs and expenses of A and B incurred in complying with a written notice under subsection (3) or (4) are to be —

borne by A;

borne by B; or (iii)shared between A and B, and the manner or methodology of apportioning the costs and expenses for such sharing,and for the recovery by one owner from the other owner of any costs and expenses or portion of costs and expenses due to the firstmentioned owner from the other owner, by virtue of regulations mentioned in this paragraph; and

for the recovery by the Board of its costs and expenses of carrying out the works or acts under subsection (7) from the persons specified in those regulations.Owner of prescribed place may require premises to be acquired30Q.—

This section applies to a person who is an owner of any premises immediately before the date on which any part of an absolute protection boundary is prescribed at those premises, by which the premises become a prescribed place on that date (called in this section original owner).(2) The original owner may, by written notice given to the Board within one year after the relevant date in subsection (1), and if the original owner remains an owner of the premises at the time of the notice, request the Government to acquire under the Land Acquisition Act 1966 so much of the prescribed place as the Board thinks necessary —

for a coastal protection measure for the prescribed place and any future expansion of the coastal protection measure; and

to access the coastal protection measure for the prescribed place (including after any expansion mentioned in paragraph (a)) to —

maintain and repair the coastal protection measure; and

inspect and monitor the coastal protection measure.(3) If there is more than one owner of the prescribed place at the time of the notice under subsection (2), the notice under this section must be given by the original owner and all the other owners (even if they are not original owners).(4) Any notice under this section is irrevocable once given to the Board.(5) The original owner is not entitled to give the notice unless the original owner has, in accordance with any requirements and procedures set out in regulations made under section 74, consulted with the Board on the implications of the notice.(6) Upon the Board receiving a notice under subsection (2), the President is to proceed under the Land Acquisition Act 1966 to acquire so much of the prescribed place as is mentioned in subsection (2) as if it is needed for a public purpose.(7) The President is not to proceed under this section to acquire so much of the prescribed place as is mentioned in subsection (2) if the notice mentioned in that subsection is not given to the Board within the time specified in that subsection.(8) Where so much of the prescribed place as is mentioned in subsection (2) has been acquired under the Land Acquisition Act 1966 pursuant to this section and the Board puts in place any coastal protection measure there, the Board may recover from the owner or owners who gave to the Board the written notice mentioned in that subsection, all or any part of the costs and expenses of the Board incurred for the coastal protection works undertaken by the Board to put the coastal protection measure in place.(9) In this section, “owner”, in relation to any premises, means the person issued or granted before the date mentioned in subsection (1) any of the following in respect of the premises by or on behalf of the Crown or the East India Company, or under the State Lands Act 1920 or any written law repealed by that Act: (a)any grant in fee simple;

any grant of an estate in perpetuity;

any State lease for a tenure of 10 years or more.”.