NSWIn ForceRegulation
Local Land Services Regulation 2014
117Consultation with landholders affected by proposed re-categorisation (s 60K (7))
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#### 117 Consultation with landholders affected by proposed re-categorisation (s 60K (7))
117 Consultation with landholders affected by proposed re-categorisation (s 60K (7))
> > (1) Consultation with the landholders concerned on a proposed re-categorisation under section 60K (7) of the Act is to be undertaken by individual notification to all those landholders, except as provided by this clause.
>
> > (2) Consultation with landholders of the relevant land who do not have a registered freehold or leasehold interest in the land may be by public notification (in substitution for or in addition to individual notification).
>
> > (3) Consultation may be by public notification (in substitution for or in addition to individual notification) if—
> >
> > > (a) the relevant land is proposed to be re-categorised as a result of the annual review of published maps under section 60K (2) of the Act, or
> >
> > > (b) the relevant land is otherwise proposed to be re-categorised from category 2-regulated land to category 1-exempt land, or
> >
> > > (c) all landholders of the relevant land who have a registered freehold or leasehold interest in the land were—
> > >
> > > > (i) directly notified of the event that triggered the proposed re-categorisation, or
> > >
> > > > (ii) otherwise directly involved in the event that triggered the proposed re-categorisation (for instance, as an applicant or by making submissions during a public consultation process).
>
> > (4) The following applies to a public notification—
> >
> > > (a) a notice must be published in a manner that the Environment Agency Head is satisfied is likely to bring the notice to the attention of—
> > >
> > > > (i) members of the public generally, or
> > >
> > > > (ii) if the re-categorisation relates only to one local government area—members of the public in that local government area,
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> > > (b) the notice must—
> > >
> > > > (i) identify the area to which the proposed re-categorisation relates and indicate where the draft map may be viewed by the public, and
> > >
> > > > (ii) state that any person may make submissions to the Environment Agency Head within the period specified in the notice (being a period of not less than 30 days), and
> > >
> > > > (iii) specify the process for making such submissions.
>
> **cl 117:** Ins 2017 (445), Sch 2 \[2\]. Am 2018 No 25, Sch 2.20 \[3\].