12DFormulation of management plans

### 12D Formulation of management plans > [*\[Section 12D Inserted by No. 45 of 1998, s. 63, Applied:31 Dec 2001\]*](/view/html/inforce/2001-12-31/act-1998-045#GS63@EN) > > > (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](#GS12C@EN) . > > > (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](#JS5@EN) and the management objectives specified in [Schedule 4](#JS4@EN) . > > > (3)  The Governor is not to approve a plan under [section 12C](#GS12C@EN) 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)](#GS12D@Gs4@EN) , > > > > > ***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. > > > (6)  If the Director-General considers that – > > > > > > (a) a private right to take water; or > > > > > > > (b) any land within a municipal area – > > > > will, or may, be affected by a management plan, it must consult with the holder of that private right or with the council of that municipal area. > > > (7)  The Director-General, in a notice given for the purposes of [subsection (4)](#GS12D@Gs4@EN) , may specify a time, being not less than 30 days after the date of the receipt of the notice by the person to whom it is given, within which the Director-General is to be provided with representations for the purposes of that subsection. > > > (8)  A notice given for the purposes of [subsection (4)](#GS12D@Gs4@EN) may be sent by post or delivered personally to the person to whom it is directed. > > > (9)  Before a plan is submitted to the Governor for approval under [section 12C](#GS12C@EN) , the Minister is to cause to be published in a daily newspaper circulating within the State a notice – > > > > > > (a) stating that it is proposed to submit a plan in respect of Crown land that is reserved as a public reserve to the Governor for approval; and > > > > > > > (b) specifying the place at which the plan may be inspected and copies obtained; and > > > > > > > (c) stating that representations with respect to the plan may be made to the Minister before a date specified in the notice, not being earlier than 30 days after the publication of the notice. > > > (10)  If a notice has been published in respect of a plan under [subsection (9)](#GS12D@Gs9@EN) , the Director-General, on the payment of any charge the Minister may fix, is to provide a copy of that plan to any person requesting the plan. > > > (11)  Subject to [subsections (13)](#GS12D@Gs13@EN) and [(14)](#GS12D@Gs14@EN) , the Minister is to submit a plan to the Governor for approval after the Minister has considered any representations with respect to the plan made to him or her by any person in response to a notice under [subsection (9)](#GS12D@Gs9@EN) . > > > (12)  In considering any representations made to the Minister in respect of a management plan for any Crown land reserved as a public reserve, or in altering any management plan, the Minister is to have regard to the purposes specified in Column 3 of [Schedule 5](#JS5@EN) and the management objectives specified in [Schedule 4](#JS4@EN) . > > > (13)  A plan submitted for the Governor's approval under [section 12C](#GS12C@EN) may be an unaltered plan or a plan containing such alterations as, subject to [subsection (14)](#GS12D@Gs14@EN) , the Minister thinks desirable, having regard to the representations referred to in [subsection (11)](#GS12D@Gs11@EN) . > > > (14)  The Minister must not make alterations to a plan, being alterations that will affect a restriction on the exercise of a statutory power included in that plan, unless the Minister has consulted the Minister administering the Act under which that statutory power is exercised.