37APlans of management for former reserve land

37A Plans of management for former reserve land

37A Plans of management for former reserve land

(1) This clause applies to land (former reserve land) that was a reserve within the meaning of Part 5 of the Crown Lands Act 1989.

(2) If clause 11 operates to appoint a non-council manager as the Crown land manager of the former reserve land, a plan of management in force under Division 6 of Part 5 of the Crown Lands Act 1989 for that land is taken on and from the repeal day to be a plan of management for that land under Division 3.6 of this Act.

(3) If clause 11 operates to appoint a council manager as the Crown land manager of the former reserve land, the following provisions apply—

(a) subject to subclause (4), a plan of management in force under Division 6 of Part 5 of the Crown Lands Act 1989 for that land continues in force in respect of the land until whichever of the following occurs first—

(i) a new plan of management under the Local Government Act 1993 is adopted for the land for the purposes of section 3.23 of this Act,

(ii) the land is classified as operational land with Minister’s consent under section 3.22 of this Act,

(iii) the initial period referred to in section 3.23 of this Act ends,

(b) the Minister has the same power to cancel (but not to alter) the plan of management as the Minister had under section 115 of the Crown Lands Act 1989,

(c) the council manager cannot do anything that contravenes the plan of management while it continues in force.

(4) A plan of management in force under Division 6 of Part 5 of the Crown Lands Act 1989 that ceases to continue in force because of subclause (3) (a) (ii) is taken, on and from the day the former reserve land becomes operational land, to be a plan of management under Division 3.6 of this Act.

Note.

See section 3.23 concerning adoptions of plans of management by council managers.