Victorian Consolidated Legislation

Catchment and Land Protection Act 1994 - SECT 43

Interim land management notices

43. Interim land management notices



(1) The Secretary may serve an interim land management notice if the Secretary
considers that there is an immediate and serious threat of land degradation
that could be prevented or minimised by the taking of appropriate action.

(2) The Secretary can serve an interim land management notice applying to
land, whether or not in common ownership.

(3) The Secretary can only serve an interim land management notice applying to
Crown land if the land is held under a lease or licence and the notice is
served on the lessee or licensee.

(4) An interim land management notice must state the date on which it comes
into operation and the time within which it is to be complied with.

(5) Unless sooner revoked an interim land management notice expires on the
60th day after its stated date of operation.

(6) If an interim land management notice applying to land expires or is
revoked the Secretary must not serve another interim land management notice
applying to that land and to the same land degradation unless the Secretary is
satisfied that the threat of land degradation has become more serious or some
other change in circumstances justifies the service of the notice.

(7) A land owner served with an interim land management notice must comply
with it.

Penalty: 120 penalty units.



(8) Subsection (7) does not make the Crown, a Minister or the Secretary liable
for an offence.

(9) Sections 37, 39 and 41 do not apply to an interim land management notice
but, otherwise, Division 1 applies to an interim land management notice in the
same way as it does to a land management notice.