33Secretary may serve land use conditions

33 Secretary may serve land use conditions

(1) The Secretary may, in accordance with a special area plan, serve on a land owner a document setting out land use conditions applying to the land of the land owner.

(2) Land use conditions must—

(a) refer to the special area plan that permits the imposition of the land use conditions; and

(b) include the following information from that plan—

(i) a general description of the properties to which the land use conditions will apply; and

(ii) an estimate of the total cost of compliance with all the land use conditions; and

(iii) the method of apportioning that part of the cost to be borne by land owners between the properties to which the conditions will apply; and

(c) describe the land of the land owner to which the conditions apply; and

(d) state any amount (determined in accordance with the plan) for which the land owner is liable.

(3) Land use conditions must not require action to be taken—

(a) that is prohibited under a planning scheme under the Planning and Environment Act 1987; or

(b) for which a permit under that Act is required unless the requirement in the plan is conditional on a permit being obtained and complied with.

(4) Land use conditions must not prohibit or restrict—

S. 33(4)(a) amended by No. 63/2006 s. 61(Sch. item 5.2).

(a) exploration or mining for a mineral within the meaning of the Mineral Resources (Sustainable Development) Act 1990 or petroleum; or

S. 33(4)(b) amended by Nos 67/1995 s. 58(Sch. 1 item 3), 6/2009 s. 46(1).

(b) exploration for or extraction of stone within the meaning of the Mineral Resources (Sustainable Development) Act 1990; or

S. 33(4)(ba) inserted by No. 7/2005 s. 170(a).

(ba) exploration for or extraction of geothermal energy or geothermal energy resources within the meaning of the Geothermal Energy Resources Act 2005; or

S. 33(4)(bb) inserted by No. 61/2008 s. 319(1)(a).

(bb) exploration for underground geological formations or injection of greenhouse gas substances into an underground geological storage formation within the meaning of the Greenhouse Gas Geological Sequestration Act 2008; or

S. 33(4)(c) amended by Nos 67/1995 s. 58(Sch. 1 item 3), 96/1998 s. 257(1), 7/2005 s. 170(b), 63/2006 s. 61(Sch. item 5.2), 61/2008 s. 319(1)(b), 6/2009 s. 46(2).

(c) the carrying out of an activity in accordance with a lease, licence, permit or authority under the , , the or the .