23Notices to cease and of revocation of rights of Council in relation to levee-related land

23 Notices to cease and of revocation of rights of Council in relation to levee-related land

(1)  The Minister, by notice in writing to the Council, may issue a notice to cease in relation to a part, of the levee-related land, that is specified in the notice and that is either Crown land or land that is owned by an instrumentality or agent of the Crown.

(2)  The Minister may only issue under subsection (1) a notice in relation to a part of the levee-related land specified in the notice if –

(a) the Minister has issued to the Council a show cause notice under section 22(1) in relation to the part of the land; and

(b) the show cause notice contains a statement of the kind referred to in section 22(3) ; and

(c) the period specified, in accordance with section 22(2)(c) , in the show cause notice has expired; and

(d) after considering the relevant information, if any, that may have been provided to the Minister under section 22(5) in relation to the part of the land, the Minister holds the relevant opinion in relation to the part of the land.

(3)  For the purposes of subsection (2)(d) , the Minister holds the relevant opinion in relation to a part of land if the Minister is of the opinion that the Council is using or developing the part of the land –

(a) other than for a purpose specified in section 21 ; or

(b) for commercial purposes; or

(c) otherwise than in accordance with section 21(3)  –

and the Minister is of the opinion that there are no reasonable grounds for the Minister not to issue the notice.

(4)  A notice to cease issued under subsection (1) is to declare that the Council must cease, except with the permission of the Minister, to use, or to develop, in the manner specified in the notice, the part, of the levee-related land, that is specified in the notice.

(5)  The Council must comply with a notice to cease issued under in relation to a part, of the levee-related land, that is specified in the notice.