sec.19Revocation of reclaimed part of park

### sec.19 Revocation of reclaimed part of park This section applies if tidal land in a marine park— is not in a highly protected area and is reclaimed after the commencement of this section under a permission; or is reclaimed as a result of— a reclamation mentioned in section 15 (4) carried out without contravening this Act; or unauthorised works carried out before or after the commencement. Subject to subsections (3) and (4) , a regulation revoking the declaration of the resulting reclaimed part of the park may be made without a resolution of the Legislative Assembly mentioned in section 9 (2) . If the reclamation was carried out under a permission, subsection (2) applies only if— for a reclamation that is not abandoned—the chief executive has given the permission holder a certificate of satisfactory completion for the reclamation; or for an abandoned reclamation—the Minister reasonably considers it is impracticable to restore or rehabilitate the reclaimed part to the condition it was in before the reclamation. If the reclamation results from unauthorised works, subsection (2) applies only if the Minister reasonably considers it is impracticable to restore or rehabilitate the reclaimed part to the condition it was in before the reclamation. In this section— permission means— a section 15 permission; or a permission taken, under section 160 , to be issued under this Act. See section 160 (Existing permissions). unauthorised works means works not authorised under this Act or the repealed Act. s 19 amd 2012 No. 25 s 195 sch (sec.19-ssec.1) This section applies if tidal land in a marine park— is not in a highly protected area and is reclaimed after the commencement of this section under a permission; or is reclaimed as a result of— a reclamation mentioned in section 15 (4) carried out without contravening this Act; or unauthorised works carried out before or after the commencement. (sec.19-ssec.2) Subject to subsections (3) and (4) , a regulation revoking the declaration of the resulting reclaimed part of the park may be made without a resolution of the Legislative Assembly mentioned in section 9 (2) . (sec.19-ssec.3) If the reclamation was carried out under a permission, subsection (2) applies only if— for a reclamation that is not abandoned—the chief executive has given the permission holder a certificate of satisfactory completion for the reclamation; or for an abandoned reclamation—the Minister reasonably considers it is impracticable to restore or rehabilitate the reclaimed part to the condition it was in before the reclamation. (sec.19-ssec.4) If the reclamation results from unauthorised works, subsection (2) applies only if the Minister reasonably considers it is impracticable to restore or rehabilitate the reclaimed part to the condition it was in before the reclamation. (sec.19-ssec.6) In this section— permission means— a section 15 permission; or a permission taken, under section 160 , to be issued under this Act. See section 160 (Existing permissions). unauthorised works means works not authorised under this Act or the repealed Act. - (a) is not in a highly protected area and is reclaimed after the commencement of this section under a permission; or - (b) is reclaimed as a result of— (i) a reclamation mentioned in section 15 (4) carried out without contravening this Act; or (ii) unauthorised works carried out before or after the commencement. - (i) a reclamation mentioned in section 15 (4) carried out without contravening this Act; or - (ii) unauthorised works carried out before or after the commencement. - (i) a reclamation mentioned in section 15 (4) carried out without contravening this Act; or - (ii) unauthorised works carried out before or after the commencement. - (a) for a reclamation that is not abandoned—the chief executive has given the permission holder a certificate of satisfactory completion for the reclamation; or - (b) for an abandoned reclamation—the Minister reasonably considers it is impracticable to restore or rehabilitate the reclaimed part to the condition it was in before the reclamation. - (a) a section 15 permission; or - (b) a permission taken, under section 160 , to be issued under this Act. Note— See section 160 (Existing permissions).