Declaration by Minister
20B Declaration by Minister
(1) The Council may recommend to the Minister that an area of land be declared a Restricted Use Area.
(2) If the Minister is satisfied, on the recommendation of the Council, that an area of land is subject to soil erosion through use or continued use of it by the public, the Minister may, by notice in the Gazette, declare that area to be a Restricted Use Area.
(3) A person may request the Council to recommend that the Minister make a declaration in accordance with subsection (2) in relation to:
open land of which that person is a landholder;
(b) public land adjacent to land of which that person is the landholder; or
(c) land vested in or under the control of a proper authority and adjacent to land of which that person is a landholder.
(4) A proper authority may request the Council to recommend that the Minister make a declaration in accordance with subsection (2) in relation to:
(a) land vested in, or under the management or control of, that proper authority; or
(b) public land adjacent to land vested in, or under the management or control of, that proper authority.
(5) The Council shall not make a recommendation under subsection (1) in respect of land vested in, or under the control of, a proper authority except at the request of that proper authority.
A declaration under subsection (2) shall:
(a) define the land to which it relates by reference to a map or plan; and
indicate where the map or plan may be inspected.
The map or plan shall be kept and displayed:
at the place indicated in the declaration; and
(b) at all police stations in the vicinity of the area to which the declaration relates,
and shall at all reasonable times be available for inspection without fee by members of the public.
(8) The Minister may exempt from the effect of a declaration made under subsection (2) such roads in the area of land to which the declaration relates as the Minister shall define in the declaration, and may in that declaration stipulate:
the persons or classes of persons who may use those roads; or
the types of vehicles that may be used on those roads.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.