27What are special areas?

27 What are special areas?

S. 27(1) amended by No. 39/1998
s. 6(2)(Sch. 1 item 7(a)).

(1) An Authority may recommend to the Minister that—

(a) land in its region should be declared a special area; or

(b) the declaration of a special area in its region should be revoked or amended.

S. 27(2) amended by No. 39/1998
s. 6(2)(Sch. 1 item 7(b)).

(2) In its recommendation the Authority may classify the special area as a special water supply catchment area or in any other way it considers appropriate.

(3) The Minister must consider the recommendation, having regard to how the existing or potential use of the area may adversely affect—

(a) the quality and condition of land; or

(b) water quality or aquatic habitats; or

(c) aquifer recharge areas or aquifer discharge areas.

S. 27(4) amended by No. 39/1998
s. 6(2)(Sch. 1 item 7(c)).

(4) After complying with subsection (3) the Minister may accept or reject the Authority's recommendation.

S. 27(5) amended by No. 39/1998
s. 6(2)(Sch. 1 item 7(c)).

(5) If the Minister accepts the Authority's recommendation he or she may recommend that the Governor in Council make an Order under this section.

(6) On the Minister's recommendation under subsection (5) the Governor in Council, by Order published in the Government Gazette, may—

(a) declare land to be a special area; or

(b) revoke or amend that declaration.

(7) The Order may classify the special area as a special water supply catchment area or in any other way specified in the Order.

(8) Without limiting what can be recommended or declared to be a special area, roadsides or a class of roadsides in an area may be recommended and declared to be a special area.

S. 27A inserted by No. 23/2019 s. 124, repealed by No. 48/2021 s. 133.