Waterways Conservation Act 1976

The Minister, in consultation with the appropriate local governments and other public authorities, may cause to be prepared a detailed documented programme of the operations that are to be undertaken pursuant to this Act on or in relation to waters and associated land to which this Act applies, during the period to which the programme relates.

Regulations made under this Act may provide that no person shall, without the approval of the Minister, cause or permit any development to take place, or any interference or disturbance of the physical environment to occur, in relation to specified waters and associated land the subject of a management programme.

Notwithstanding the provisions of section 5, where a local government by resolution adopts the proposals, or any of them, from time to time contained in a management programme the provisions of any regulations or by‑laws which are thereafter made under this Act with the approval of that local government as regards those waters and land under this section shall be binding on the local government in so far as they are reasonably necessary for the implementation of the proposals so adopted.

The Minister must consult publicly, in accordance with section 78, in relation to proposals to establish a management programme for the first time when prepared in relation to any area and that programme shall not take effect until the Minister, by notice in the Gazette and in the newspaper referred to in section 78(3), indicates that submissions made as to those proposals have been considered and fixes a date as that on which the programme is to commence.

A management programme shall be kept under constant review and may subsequently be amended from time to time by the Minister.

The CEO shall maintain a copy of the management programme as from time to time in force available for inspection by members of the public at reasonable hours without charge.

If the Minister considers it appropriate, the Minister may conduct a public inquiry into the establishment of a management programme for the first time for an area and the regulations may provide for the conduct of such an inquiry.

A management programme may include a working plan to be carried out for the improvement, development and maintenance of the waters and associated land, the prevention and control of fires, the public utilisation of the area, the study, care and restoration of the natural environment, the conservation of indigenous flora and fauna and such other matters as the Minister considers appropriate.

The Minister may arrange with any public authority for the carrying out, whether or not under the direction of the Minister, of any work specified in a working plan formulated pursuant to a management programme.