Subdiv 13Related matters

Subdivision 13—Related matters 41—Use of facilities A regional landscape board may, by arrangement with the relevant body, make use of the services of the staff, equipment or facilities of— (a) an administrative unit in the Public Service; or (b) a public authority. 42—Assignment of responsibility for infrastructure to another person or body (1) A regional landscape board may assign any responsibility for the care, control or management of infrastructure— (a) to an owner or occupier of land on which the infrastructure is situated if the relevant owner or occupier agrees to the assignment; or (b) with the approval of the Minister, to a third party. (2) A regional landscape board must, before seeking the approval of the Minister under subsection (1)(b), give notice of the proposed assignment to any owner or occupier of the land and give consideration to any submission that the owner or occupier may make within a period (of at least 21 days) specified by the board, and then prepare a report on the matter (including details of any submission that has been made) for submission to the Minister. (3) An assignment under subsection (1) will be effected by agreement entered into in accordance with the regulations. (4) An agreement under subsection (3) may include arrangements for access to the land on which the infrastructure is situated. (5) The Registrar-General must, on an application by the relevant regional landscape board, note an agreement under subsection (3) against the instrument of title for the land where the infrastructure is situated or, in the case of land not under the provisions of the Real Property Act 1886, against the land where the infrastructure is situated. (6) If a note has been entered under subsection (5), an arrangement for access to the relevant land is, despite the provisions of the Real Property Act 1886, binding on each owner of the land from time to time and on any occupier of the land. (7) The Registrar-General must, on the application of the relevant regional landscape board, enter a note of any rescission or amendment of an agreement under subsection (3) against the instrument of title, or against the land (but must otherwise ensure that the note is not removed once made). 43—Appointment of administrator (1) This section applies if the Minister considers— (a) that a regional landscape board has refused or failed to perform, exercise or discharge a function, power or duty under this Act; or (b) that there has been a serious irregularity in the conduct of the affairs of a regional landscape board; or (c) that some or all of the members of a regional landscape board have failed to discharge any responsibility under this Act, or are failing to work constructively in the performance of their functions and duties under this Act; or (d) that some other serious circumstance exists in relation to the governance or operations of a regional landscape board, and accordingly action should be taken by the Minister under this section. (2) The Minister must, before taking action under this section, give the members of the regional landscape board a reasonable opportunity to make submissions to the Minister about the matter or matters that have given rise to the proposed course of action. (3) The Minister may then, if the Minister thinks fit, by notice in the Gazette— (a) declare that this section applies in relation to the regional landscape board; and (b) appoint a suitable person to be administrator of the affairs of the board. (4) On making a declaration under subsection (3), all members of the regional landscape board cease to hold office. (5) An administrator will, until the Minister revokes the declaration, administer the affairs of the regional landscape board in the name of and on behalf of the regional landscape board (and for that purpose will have all the functions and powers of the regional landscape board). (6) Sections 15 to 22 (inclusive), and any other section of this Act prescribed by the regulations, do not apply in relation to the regional landscape board while an administrator is acting under this section. (7) The remuneration of an administrator (which will be determined by the Minister) and any liability incurred by the administrator in the course of the administration will be paid or satisfied out of the funds of the regional landscape board. (8) An administrator must report to the Minister at intervals determined by the Minister on the administration of the affairs of the regional landscape board. (9) The Minister may, by further notice in the Gazette, revoke a declaration under subsection (3). (10) A revocation under subsection (9) will take effect from a date specified by the Minister. (11) The Minister may, in a notice under subsection (9), do any of following (or any combination of the following): (a) reinstate 1 or more members of the regional landscape board (on terms and conditions determined by the Minister for a term to be determined by the Minister); (b) appoint 1 or more persons as members of the regional landscape board (on terms and conditions determined by the Minister for a term to be determined by the Minister); (c) provide for the conduct of an election or elections to fill 1 or more vacancies in the membership of the board (with the election to take effect from a date determined by the Minister); (d) provide for other matters associated with the reconstitution of the regional landscape board, including by specifying the terms of office of persons who take office under this subsection.