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CATCHMENT AND LAND PROTECTION ACT 1994 - SECT 52 How to obtain an authority

CATCHMENT AND LAND PROTECTION ACT 1994 - SECT 52

How to obtain an authority

    (1)     A site manager may apply to the Secretary for authority to carry out an extractive activity or class of extractive activities.

    (2)     The application must—

        (a)     be in writing; and

        (b)     describe the land where the activities are to be carried out; and

        (c)     state the extent of the area or areas to be broken up; and

        (d)     give details of the activities (including the period during which they will be carried out); and

        (e)     if the site manager is not the land owner, explain how access to the land is to be obtained; and

        (f)     be accompanied by the fee (if any) determined in accordance with the Conservation, Forests and Lands Act 1987 .

    (3)     The Secretary, by notice served on the applicant, may ask the applicant to give more information about the application within the time stated in the notice.

    (4)     Subject to this section, the Secretary may issue or refuse the authority.

    (5)     The Secretary must not issue an authority if to do so would be inconsistent with a land use condition or land management notice applying to the land.

    (6)     Before issuing an authority to carry out an extractive activity on the bed or banks of a waterway, the Secretary must consult with—

        (a)     the Minister administering the Water Act 1989 ; and

        (b)     the Authority under that Act in whose waterway management district the land is located; and

        (c)     the Environment Protection Authority.