117Consultation with landholders affected by proposed re-categorisation (s 60K (7))

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,

(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