Soil Conservation Act 1986

The chief executive may, upon the written request of an owner of land within an approved project area or of the chief executive’s own motion, determine that the approved project plan for that area should be revoked.

The chief executive shall, upon making a determination pursuant to subsection (1), ensure that all reasonable efforts are made to discuss the effects of the revocation with all the owners, or where an owner is not in occupation, the occupier, of land within the project area.

Where the chief executive intends to recommend that the chief executive’s determination pursuant to subsection (1) be given effect, the chief executive shall, by notice published at least once in at least 1 newspaper circulating in the locality of the project area to which the project plan relates, give notice that the chief executive proposes to recommend the revocation of the approval of the project plan and that particulars of the proposed revocation will be available for inspection at the department’s office serving that project area for a period determined by the chief executive, being not less than 21 days from the date of first publication of the notice and that objections to the proposed revocation may be lodged in accordance with the provisions of part 5.

Where no objection is lodged within the period determined pursuant to subsection (3) or where an objection to the proposed revocation is lodged but no appeal is lodged against the chief executive’s determination to proceed with recommending the revocation or an appeal is lodged but is withdrawn or is dismissed by the Land Court, the chief executive may recommend the revocation of the Governor in Council’s approval of the project plan and the Governor in Council may, by regulation, revoke the chief executive’s approval of the project plan.

Where an appeal is upheld by the Land Court the chief executive shall not recommend the revocation of the Governor in Council’s approval of the project plan.

Where the approval of a project plan is revoked, the chief executive shall give notice of the revocation—

in writing, to—

all the owners, or where an owner is not in occupation, the occupier, of land included in the plan; and

the local government for the area in which the land included in the plan is situated; and

at least once in at least 1 newspaper circulating in the locality of the land included in the plan.