New South Wales Consolidated Acts

SOIL CONSERVATION ACT 1938 - SECT 17

17 Areas of erosion hazard

(1) Where the Minister is of the opinion that any tract of land is subject to erosion or is liable or likely to become liable to erosion and that such tract of land should be notified as an area of erosion hazard the Minister may, by notification published in the Gazette, and in a newspaper circulating in the locality in which such tract of land is situated give notice of a proposal that such tract of land should be notified as an area of erosion hazard.

(2) Every notification under subsection (1) shall:

(a) define by reference to a map or plan the tract of land to which the proposal relates,

(b) appoint a date, not being earlier than thirty days after the publication of the notification in the Gazette, on or before which objections may be lodged against the proposal,

(c) contain such other particulars as may be approved by the Minister.

(3) A copy of or a reference to the map or plan shall be served personally or by post upon every owner and occupier of land which is wholly or partly within the boundaries of the tract of land to which the proposal relates and, where such land is subject to mortgage, upon the mortgagee.

(4) Any owner, occupier or mortgagee of land which is wholly or partly within the boundaries of the tract of land to which the proposal relates may, not later than the date appointed therefor, lodge an objection in writing to the proposal.
Any such objection shall state the ground upon which the same is based, and shall be lodged in a manner approved by the Minister.

(5) The Minister shall give consideration to all objections against the proposal which may have been lodged within the time appointed therefor, and may, in order to meet any such objection, make such alteration of the proposals as the Minister may think fit.
The Minister shall notify this decision in respect of each such objection to the owner, occupier or mortgagee who lodged the same.

(7)

(a) If no objection against the proposal is lodged within the time appointed therefor the Minister may, upon the expiration of that time, submit the proposal to the Governor.

(b) If any objection against the proposal is lodged within the time appointed therefor the Minister may, when all such objections have been disposed of, submit the proposal to the Governor with such alterations (if any) as may be necessary to give effect to the Minister’s decisions.

(c) The Governor may notify in the Gazette as an area of erosion hazard, the tract of land defined in the proposal or in the altered proposal (as the case may be) submitted to the Governor.

(8) No Crown lands shall be included in any area of erosion hazard except with the concurrence of the Minister for Lands.

(9) No land in a State forest shall be included in an area of erosion hazard except with the concurrence of the Minister administering the Forestry Act 1916 .