4Secretary to make assessment and determination

4 Secretary to make assessment and determination

(1)  Before the end of the conversion period, the Secretary must carry out an assessment of each shack site to which this Act applies and make one of the following determinations:

(a) that the existing lease or licence for the shack site should be replaced with a long-term lease;

(b) that the shack on the shack site should be removed and the land revert to the use of the Crown;

(c) that the shack site should be sold to the existing lessee or licensee.

(2)  The Secretary may do either or both of the following if the Secretary thinks it necessary or appropriate to do so for the purposes of making the determination:

(a) fix by survey which land constitutes the shack site;

(b) fix by survey which other land, if any, will be required for the purposes of providing access and services to the shack site or providing related infrastructure or for any other purpose.

(3)  The Secretary must serve written notice of the determination on –

(a) the lessee or licensee of the shack site; and

(b) each person holding an estate in fee simple, or an equity of redemption, in land adjoining the shack site and each person who is a lessee or licensee of an adjoining shack site; and

(c) the responsible council.

(4)  The notice must also explain that there is a right of appeal in respect of the determination and specify the time and procedure for lodging an appeal.

(5)  [Section 4 Subsection (5) inserted by No. 67 of 1999, s. 5, Applied:17 Nov 1999] The notice must clearly identify the shack site and, as far as practicable, any related infrastructure land.