43Interim land management notices

43 Interim land management notices

(1) The Secretary may serve an interim land management notice if the Secretary considers that there is an immediate and serious threat of land degradation that could be prevented or minimised by the taking of appropriate action.

(2) The Secretary can serve an interim land management notice applying to land, whether or not in common ownership.

(3) The Secretary can only serve an interim land management notice applying to Crown land if the land is held under a lease or licence and the notice is served on the lessee or licensee.

(4) An interim land management notice must state the date on which it comes into operation and the time within which it is to be complied with.

(5) Unless sooner revoked an interim land management notice expires on the 60th day after its stated date of operation.

(6) If an interim land management notice applying to land expires or is revoked the Secretary must not serve another interim land management notice applying to that land and to the same land degradation unless the Secretary is satisfied that the threat of land degradation has become more serious or some other change in circumstances justifies the service of the notice.

S. 43(7) amended by No. 61/2003 s. 11.

(7) A land owner served with an interim land management notice must comply with it.

(8) Subsection (7) does not make the Crown, a Minister or the Secretary liable for an offence.

S. 43(8A) inserted by No. 51/2013 s. 11(1).

(8A) A municipal council does not commit an offence under subsection (7) if, at the time the interim land management notice was served, there was a declaration under section 22A in effect in respect of the municipal district of the municipal council and a roadside weed and pest animal management plan was being prepared by the municipal council.

(9) Sections 37, 39 and 41 do not apply to an interim land management notice but, otherwise, Division 1 applies to an interim land management notice in the same way as it does to a land management notice.

S. 43(10) inserted by No. 51/2013 s. 11(2).

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

(a) the interim 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 the municipal district of the municipal council; and

(b) there is an approved roadside weed and pest animal management plan operating in respect of the municipal district.

S. 44 amended by No. 39/1998
s. 6(2)(Sch. 1 item 11).