SCHEDULE 2A - Model conversion SCHEDULE 2A - Model conversion criteria

[Schedule 2A Inserted by No. 27 of 2002, s. 7, Applied:15 Jan 1998]

Section 5(4)

1.   Removal

(1) Other than in exceptional circumstances, a shack should be removed if –

(a) [Schedule 2A Amended by No. 17 of 2017, s. 4, Applied:16 Aug 2017] the removal of the shack is necessary for due protection of an Aboriginal site, or a relic as defined under the Aboriginal Heritage Act 1975 ; or

(b) the shack is located in an actively mobile dune.

(2) Other than in exceptional circumstances, a shack should be removed where the continued occupation of the shack, either alone or together with other shacks, would, or would be likely to, give rise to significant –

(a) land management costs or land management difficulties for the Crown or any public authority; or

(b) environmental degradation.

(3) Other than in exceptional circumstances, a shack should be removed where the continued occupation of the shack, either alone or together with other shacks, would, or would be likely to, significantly –

(a) impair the ability of natural or physical resources on or near the site to meet the reasonably foreseeable needs of future generations; or

(b) harm, or interfere with the due protection of, ecological, geomorphological or geological features of conservation value; or

(c) harm, or interfere with the due management of, acquatic environments of conservation value; or

(d) harm, or interfere with the due management of, important coastal wetlands, or impair the potential of such wetlands to be managed for nature conservation and public benefit; or

(e) compromise the diversity of native flora or fauna or their habitats, including seagrass and seaweed beds, spawning and breeding areas; or