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reg 84

Restriction on exercise of powers

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Part 7Licences
Division 1General

84 Restriction on exercise of powers

(1)

Subject to subregulation (2), the powers conferred on the CEO by this Part to grant or renew a licence are exercisable only —

(a)

with the approval of the Minister; and

(b)

in the case of land vested in the Commission, after consultation with the Commission and, where applicable, a joint responsible body; and

(c)

in the case of land classified under Part V Division 2 of the Act as a forest conservation area, consistently with any management plan for the land concerned; and

[(d), (e) deleted]

(f)

in the case of land for the management of which an agreement is entered into under section 8A of the Act, consistently with the agreement; and

(g)

in the case of land in a public water catchment area, consistently with the provisions of the Country Areas Water Supply Act 1947 and the Metropolitan Water Supply, Sewerage, and Drainage Act 1909 relating to the protection of water quality; and

(h)

in conformity with section 33(3) of the Act.

(2)

In the case of land other than land classified under Part V Division 2 of the Act as a forest conservation area, subregulation (1)(a), (b) and (d) do not apply to the grant or renewal of a licence under this Part where —

(a)

the appropriate approval has been given under subregulation (1)(a) and, if applicable, the appropriate consultation has taken place under subregulation (1)(b) or (1)(d) for —

(i)

the grant under this Part of certain kinds of licences or certain numbers of licences; or

(ii)

the renewal, cancellation or suspension of, or the imposition or variation of terms or conditions attached to, a licence granted under this Part,

and the licence granted or renewed is covered by the terms of that approval and, if applicable, that consultation; or

(b)

in the case of the renewal of a licence, the licence was granted under Part 5 of the Conservation and Land Management Regulations 1992 1.

[Regulation 84 amended: Gazette 29 Sep 2006 p. 4319 and 4334; 19 Jun 2015 p. 2096; 6 May 2016 p. 1382.]

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