Types of matters for Act s. 5(3)(a) and (c)
3 Types of matters for Act s. 5(3)(a) and (c)
Without limiting the discretion conferred on the Minister by section 5(3) of the Act in respect of matters not included in this regulation —
types of matters that are to be taken as falling within section 5(3)(a) of the Act include matters relating to —
the provision or removal of any jetty, boat house, groyne, pier, decking, wall or any other structure whether floating or otherwise, in, over, or contiguous with any waters;
the filling in wholly or partially, or dredging of, any portion of the bed of any waters, or the building up or other alteration of the bank or foreshore of any waters;
the provision or removal of any boat ramp, or launching place in and contiguous with any waters;
the discharge or proposed discharge of water or any waste into any waters, or onto or under any associated land so as, in the opinion of the Minister, to be likely to enter any waters;
the removal of weeds and other matter causing pollution, whether visual or otherwise, from any waters or from associated land proximate to any waters;
the removal, alteration, control or development of any vegetation, whether cultivated or not, from or in any waters or from or on associated land proximate to any waters, or the doing of any thing which in the opinion of the Minister may affect the development or continued existence of such vegetation;
the use for the disposal of rubbish, of associated land that is reserved under the Land Administration Act 1997, and proximate to any waters;
the nature of the use or proposed use of any associated land where —
that use or proposed use is for a noxious trade; or
that use or proposed use involves the creation of a source of waste that may, in the opinion of the Minister, substantially affect any waters; or
the topography or substratum of that or surrounding land is such as to make that land a significant watershed for any waters or result in water significant by its quantity or quality passing over or through that land;
the prevention or control of erosion of associated land where such erosion is, in the opinion of the Minister, likely to impair the condition of any waters or to detract, aesthetically or otherwise, from the enjoyment of any waters or recreational facilities associated with any waters;
types of matters that are to be taken as falling within section 5(3)(c) of the Act include matters relating to —
the development and control of camping, recreational or sanitary facilities in so far as such matters do not fall within section 5(3)(a) of the Act;
the provision or removal of bridges over any waters;
the design, construction and usage of buildings on associated land, other than land the subject of an agreement under section 31 of the Act, where the proximity of those buildings to any waters would be such as, in the opinion of the Minister, to affect, aesthetically or otherwise, the enjoyment of any waters or recreational facilities associated with any waters;
the construction of any drain designed to discharge directly or indirectly into any waters;
the use for the disposal of rubbish, of associated land reserved under the Land Administration Act 1997, that is not proximate to any waters;
the establishment of any commercial marina;
the use of any land proximate to any waters for the establishment of any commercial or industrial site.
[Regulation 3 amended: Gazette 4 Apr 2008 p. 1314; 23 Nov 2010 p. 5865.]
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