sec.28Declaration of restricted access area

sec.28 Declaration of restricted access area

The chief executive may declare a protected area or part of a protected area to be a restricted access area by displaying a notice near the entrance to the protected area or part. A notice under subsection (1) is a restricted access area notice . The restricted access area notice may prohibit any access to the restricted access area or restrict access to the area in a particular way. prohibiting access to a restricted access area for part of the year while birds are nesting in the area However, the chief executive may act under subsection (1) — only for a reason mentioned in section 29 ; and if section 30 applies—only after the consultation process mentioned in section 30 is completed; and if section 31 or 32 (each a declaration consultation provision ) applies—only if the chief executive complies with any consultation requirement mentioned in the relevant declaration consultation provision. The restricted access area notice must— be easily visible to passers-by; and identify the limits of the restricted access area; and state how access to the area is restricted or prohibited; and state that a contravention of a requirement of the notice is an offence against the Act and the maximum penalty for the offence. Also, when the restricted access area notice is displayed, the chief executive may publish on the department’s website information from the notice about how access to the restricted access area is restricted or prohibited. If the chief executive is satisfied the reason for making the declaration no longer exists, the chief executive must remove the restricted access area notice as soon as practicable. (sec.28-ssec.1) The chief executive may declare a protected area or part of a protected area to be a restricted access area by displaying a notice near the entrance to the protected area or part. (sec.28-ssec.2) A notice under subsection (1) is a restricted access area notice . (sec.28-ssec.3) The restricted access area notice may prohibit any access to the restricted access area or restrict access to the area in a particular way. prohibiting access to a restricted access area for part of the year while birds are nesting in the area (sec.28-ssec.4) However, the chief executive may act under subsection (1) — only for a reason mentioned in section 29 ; and if section 30 applies—only after the consultation process mentioned in section 30 is completed; and if section 31 or 32 (each a declaration consultation provision ) applies—only if the chief executive complies with any consultation requirement mentioned in the relevant declaration consultation provision. (sec.28-ssec.5) The restricted access area notice must— be easily visible to passers-by; and identify the limits of the restricted access area; and state how access to the area is restricted or prohibited; and state that a contravention of a requirement of the notice is an offence against the Act and the maximum penalty for the offence. (sec.28-ssec.6) Also, when the restricted access area notice is displayed, the chief executive may publish on the department’s website information from the notice about how access to the restricted access area is restricted or prohibited. (sec.28-ssec.7) If the chief executive is satisfied the reason for making the declaration no longer exists, the chief executive must remove the restricted access area notice as soon as practicable.