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WELLINGTON PARK ACT 1993 - SECT 24 Formulation of management plans

WELLINGTON PARK ACT 1993 - SECT 24

Formulation of management plans

(1)  It is the responsibility of the Trust to cause to be prepared, with a view to its submission to the Governor, a plan referred to in section 23 (1) .
(2)  Where the Trust considers that an Act administered in or by an Agency or State authority will or may be affected by a restriction on the exercise of a statutory power that it is proposed to include in a management plan, being a statutory power the right to exercise which is conferred on –
(a) the responsible officer of the Agency or State authority; or
(b) a person employed in the Agency or employed by or in the State authority (not being the responsible officer of the Agency or State authority); or
(c) the State authority, in the case of an Act administered in or by the State authority; or
(d) the Minister responsible for the administration of the Agency or State authority –
the Trust must, by written notice given to the responsible officer of the Agency or State authority, request that officer to provide the Trust with written representations stating whether or not the officer considers the inclusion of the restriction in the plan to be necessary or desirable and giving reasons for making the representations.
(3)  For the purposes of subsection (2) , responsible officer means –
(a) in relation to an Agency, the Head of that Agency; and
(b) in relation to a State authority, the president, chairperson or other principal or presiding member of the State authority or, if the State authority comprises a single person, that person.
(4)  Where the Trust considers that –
(a) a private right to take water; or
(b) any land within a municipality –
will, or may, be affected by a management plan, it must consult with the holder of that private right or with that municipality.
(5)  The Trust may, in a notice given by it for the purposes of subsection (2) , specify a time, being not less than 30 days after the date of the receipt of the notice by the person to whom it is given, in which the Trust is to be provided with representations for the purposes of that subsection.
(6)  A notice given for the purposes of subsection (2) may be sent by post or delivered personally to the person to whom it is directed.
(7)  Before a plan is submitted to the Governor for approval under section 23 (1) , the Trust must cause to be published in a daily newspaper circulating within the State a notice –
(a) stating that it is proposed to submit a plan in respect of Wellington Park to the Governor for approval; and
(b) specifying the place at which the plan may be inspected and copies obtained; and
(c) stating that representations with respect to the plan may be made to the Trust before such date as may be specified in the notice, not being earlier than 30 days after the publication of the notice.
(8)  Where a notice has been published in respect of a plan under subsection (7) , the Trust must, on payment of such charge (if any) as it fixes, provide a copy of that plan to any person requesting the plan.
(9)  Subject to subsections (10) and (11) , the Trust must submit a plan to the Governor for approval after the Trust has considered any representations with respect to the plan made to it by any person in response to a notice under subsection (2) or subsection (7) or any report made by the Commission under section 24D .
(10)  A plan submitted for the Governor's approval under section 23 may be an unaltered plan or a plan containing such alterations as, subject to subsection (11) , the Trust thinks desirable, having regard to the representations referred to in subsection (9) .
(11)  The Trust must not make alterations to a plan, being alterations that will affect a restriction on the exercise of a statutory power included in that plan, unless it has consulted the Minister administering the Act under which that statutory power is exercised.