161BDeclaration of landslip areas

### 161B Declaration of landslip areas > [*\[Section 161B Inserted by No. 24 of 2003, s. 4, Applied:04 Jun 2003\]*](/view/html/inforce/2003-06-04/act-2003-024#GS4@EN) > > > (1)  The Minister on the recommendation of the Director, by order, may declare an area of a municipal area to be an A landslip area or a B landslip area. > > > (2)  The Director may make a recommendation under [subsection (1)](#GS161B@Gs1@EN) if satisfied that the specified area is subject to earth movement because of inherent instability. > > > (3)  The Director must give the council of the relevant municipal area written notice of his or her intention to recommend the making of an order under [subsection (1)](#GS161B@Gs1@EN) . > > > (4)  The council of the relevant municipal area, within 30 days after receiving the Director's notice, may notify the Director in writing that the council objects to the intended recommendation. > > > (5)  The Director must give each affected owner within the proposed landslip area written notice of – > > > > > > (a) his or her intention to recommend the making of the order; and > > > > > > > (b) the effect that the making of the order would have; and > > > > > > > (c) the affected owner's right to object to the intended recommendation. > > > (6)  An affected owner, within 30 days after receiving the Director's notice, may notify the Director in writing that the affected owner objects to the intended recommendation. > > > (7)  A notice under [subsection (3)](#GS161B@Gs3@EN) or [(5)](#GS161B@Gs5@EN) must adequately identify the proposed landslip area. > > > (8)  Before making a recommendation under [subsection (1)](#GS161B@Gs1@EN) , the Director must – > > > > > > (a) consider each objection notified under [subsection (4)](#GS161B@Gs4@EN) or [(6)](#GS161B@Gs6@EN) ; and > > > > > > > (b) notify each objecting affected owner, and the relevant council, of the outcome of the objection. > > > (9)  [Subsections (3)](#GS161B@Gs3@EN) , [(4)](#GS161B@Gs4@EN) , [(5)](#GS161B@Gs5@EN) , [(6)](#GS161B@Gs6@EN) , [(7)](#GS161B@Gs7@EN) and [(8)](#GS161B@Gs8@EN) do not apply if the Director reasonably considers that an order under [subsection (1)](#GS161B@Gs1@EN) should be made urgently. > > > (10)  An order under [subsection (1)](#GS161B@Gs1@EN) takes effect on the day specified in the order, being a day that is at least 30 days after its making is notified in the *Gazette*.