Mineral Resources Development Act 1995

The Minister on the recommendation of the Director, by order, may declare an area of a municipal area to be an A landslip area or a B landslip area.

The Director may make a recommendation under subsection (1) if satisfied that the specified area is subject to earth movement because of inherent instability.

The Director must give the council of the relevant municipal area written notice of his or her intention to recommend the making of an order under subsection (1).

The council of the relevant municipal area, within 30 days after receiving the Director's notice, may notify the Director in writing that the council objects to the intended recommendation.

The Director must give each affected owner within the proposed landslip area written notice of – his or her intention to recommend the making of the order; and the effect that the making of the order would have; and the affected owner's right to object to the intended recommendation.

An affected owner, within 30 days after receiving the Director's notice, may notify the Director in writing that the affected owner objects to the intended recommendation.

A notice under subsection (3) or (5) must adequately identify the proposed landslip area.

Before making a recommendation under subsection (1), the Director must – consider each objection notified under subsection (4) or (6); and notify each objecting affected owner, and the relevant council, of the outcome of the objection.

Subsections (3), (4), (5), (6), (7) and (8) do not apply if the Director reasonably considers that an order under subsection (1) should be made urgently.

An order under subsection (1) takes effect on the day specified in the order, being a day that is at least 30 days after its making is notified in the Gazette.