36Secretary may revoke land use condition

36 Secretary may revoke land use condition

(1) At the request of the land owner or on the Secretary's own initiative, the Secretary may revoke a land use condition if—

(a) the special area plan permitting its imposition is amended to require the revocation of the land use condition; or

(b) the Secretary considers that, because of a change in circumstances since its imposition, its revocation is justified.

(2) Before revoking a land use condition the Secretary must get the consent of the Board of the region in which the land use condition applies.

(3) The Secretary must revoke a land use condition without delay if the special area plan permitting its imposition is revoked.

(4) The Secretary may revoke a land use condition under subsection (1) or (3) by serving a notice of revocation on the land owner.

(5) The notice must state why the land use condition is revoked.

Part 5—Land management notices

Division 1—General

37 When can a land management notice be issued?

(1) The Secretary may serve a land management notice on a land owner—

S. 37(1)(a) amended by Nos 61/2003 s. 6(a), 67/2006
s. 5(1).

(a) if satisfied that the land owner has failed to comply with a provision of Part 3 or with a priority area notice or a directions notice; or

S. 37(1)(b) substituted by No. 61/2003 s. 6(b).

(b) if satisfied that measures need to be taken by the land owner to eradicate or prevent the growth or spread of noxious weeds that are not State prohibited weeds.

S. 37(1A) inserted by No. 67/2006 s. 5(2).

(1A) Despite section 85(3), if the Secretary decides to serve a land management notice under subsection (1), the Secretary must take all reasonable steps to ensure that the notice is served on each land owner of the land subject to the notice.

(2) A land management notice cannot be served on the Secretary.

S. 37(3) inserted by No. 67/2006
s. 5(3).

(3) The Secretary must not serve a land management notice on a land owner if a directions notice is in force in respect of the land and of the noxious weed or pest animal for which the land management notice would be served.

S. 37(4) inserted by No. 51/2013 s. 9.

(4) The Secretary must not serve a land management notice on a municipal council if—

(a) the land management notice contains requirements to eradicate or prevent the spread of regionally prohibited weeds, regionally controlled weeds or established pest animals on the roadside of any municipal road in that municipal district; and