SOIL CONSERVATION ACT 1938 - SECT 17 Areas of erosion hazard

SOIL CONSERVATION ACT 1938 - SECT 17

17 Areas of erosion hazard

(1) The Minister may give notice of a proposal that a tract of land should be notified as an area of erosion hazard if the Minister is of the opinion that the tract of land is subject to, or liable or likely to become liable to, erosion. Notice of the proposal is to be given:

(a) by publishing the notice in the Gazette, and

(b) in such other manner as the Minister is satisfied is likely to bring the notice to the attention of members of the public in the locality in which the land is situated to whom the proposal may be of interest.

(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 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.

(3A) A copy of or a reference to a map or plan that is required to be served on a person under this section may be served:

(a) personally or by post, or

(b) by email to an email address specified by the person for the service of documents of that kind, or

(c) by any other method authorised by the regulations for the service of documents of that kind.

(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 land 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 2012 .