LOCAL GOVERNMENT ACT 1993 - SECT 36C
Community land containing significant natural features
LOCAL GOVERNMENT ACT 1993 - SECT 36C
Community land containing significant natural features
36C Community land containing significant natural features
(1) This section
applies to community land that is the subject of a resolution by the council
that declares that the land, being the site of--
(a) a known natural,
geological, geomorphological, scenic or other feature that is considered by
the council to warrant protection or special management considerations, or
(b) a wildlife corridor,
is land to which this section applies.
(2) A plan of
management adopted in respect of an area of community land, all or part of
which is land to which this section applies, is to apply to that area only,
and not to other areas of land.
(3) A plan of management to be adopted for an
area of community land, all or part of which is land to which this section
applies--
(a) must state that the land, or the relevant part, is land to which
this section applies, and the reason why, and
(b) must, in complying with
section 36(3)(a), categorise the land, or the relevant part, as a natural
area, and
(c) must, in complying with section 36(3)(b), (c) and (d), identify
objectives, performance targets and other matters that--
(i) are designed to
protect the area, and
(ii) take account of the existence of the features of
the site identified by the council's resolution, and
(iii) incorporate the
core objectives prescribed under section 36 in respect of community land
categorised as a natural area.
(4) If, after the adoption of a plan of
management applying to just one area of community land, all or part of that
area becomes the subject of a resolution of the kind described in subsection
(1)--
(a) the plan of management is taken to be amended, as from the date the
declaration took effect, to categorise the land or the relevant part as a
natural area, and
(b) the council must amend the plan of management (and in
doing so, the provisions of subsection (3)(a) and (c) apply to the amendment
of the plan of management in the same way as they apply to the adoption of a
plan of management), and
(c) until the plan of management has been amended as
required by paragraph (b)--
(i) the use of the land must not be varied, except
to the extent necessary to protect the features of the site identified in the
council's resolution or in order to give effect to the core objectives
prescribed under section 36 in respect of community land categorised as a
natural area, or to terminate the use, and
(ii) no lease, licence or other
estate may be granted in respect of the land.
(5) If, after the adoption of a
plan of management applying to several areas of community land, all or part of
one of those areas becomes the subject of a resolution of the kind described
in subsection (1)--
(a) the plan of management ceases, as from the date the
declaration took effect, to apply to that area, and
(b) a plan of management
must be prepared and adopted by the council for that area, and
(c) the plan
of management so prepared and adopted must comply with subsection (3).
