6Factors relevant to assessment and determination

6 Factors relevant to assessment and determination

(1)  In carrying out an assessment and making a determination under section 4 , the Secretary –

(a) must have regard to the conversion criteria; and

(b) must consult with the lessee or licensee of the shack site; and

(c) must, if the shack site is on dedicated Crown land, consult with the Portfolio Minister; and

(d) must consult with the responsible council; and

(e) must consult with the Aboriginal community of Tasmania through the Office of Aboriginal Affairs; and

(f) may consult with such of the following as the Secretary considers appropriate in the circumstances:

(i) the Recorder of Titles;

(ii) the Surveyor-General;

(iii) [Section 6 Subsection (1) amended by No. 27 of 2002, s. 6, Applied:15 Jan 1998] the Director of National Parks and Wildlife; and

(g) [Section 6 Subsection (1) amended by No. 27 of 2002, s. 6, Applied:15 Jan 1998] may have regard to –

(i) the State Coastal Policy or any other policy that the Secretary considers relevant in the circumstances; and

(ii) any enactments, planning schemes or other matters that the Secretary considers relevant in the circumstances.

(2)  The Secretary must not make a determination under section 4(1)(a) or (c) in respect of a shack site unless the Secretary is satisfied that –

(a) waste water from the site can be effectively treated or disposed of; and

(b) the granting of a long-term lease for the shack site, or its sale, will not eliminate or restrict reasonable public access to, and use of, coastal foreshore or lake or river frontage.