12DFormulation of management plans

12D Formulation of management plans

[Section 12D Inserted by No. 45 of 1998, s. 63, Applied:31 Dec 2001]

(1)  The Director-General is to cause to be prepared, with a view to their submission to the Governor by the Minister, the plans referred to in section 12C .

(2)  In preparing a management plan for any Crown land reserved as a public reserve, the Director-General is to have regard to the purposes specified in Column 3 of Schedule 5 and the management objectives specified in Schedule 4 .

(3)  The Governor is not to approve a plan under section 12C unless it is submitted in accordance with this section.

(4)  If the Director-General considers that an Act administered in or by an agency or State authority will or may be affected by a restriction on the exercise of a statutory power that it is proposed to include in a management plan, being a statutory power the right to exercise which is conferred on –

(a) the responsible officer of the agency or State authority; or

(b) a person employed in the agency or employed by or in the State authority(not being the responsible officer of the agency or State authority); or

(c) the State authority, in the case of an Act administered in or by the State authority; or

(d) the Minister responsible for the administration of the agency or State authority –

the Director-General must, by written notice given to the responsible officer of the agency or State authority, request that officer to provide the Director-General with written representations stating whether or not the officer considers the inclusion of the restriction in the plan to be necessary or desirable and giving reasons for making the representations.

(5)  For the purposes of subsection (4) ,

responsible officer means –

(a) in relation to an agency, the Head of that agency; and

(b) in relation to a State authority, the president, chairperson or other principal or presiding member of the State authority or, if the State authority comprises a single person, that person.