14Rescission or variation of designation by Environment Protection Authority

14 Rescission or variation of designation by Environment Protection Authority

14 Rescission or variation of designation by Environment Protection Authority

(1) The Environment Protection Authority shall, by order published in the Gazette—

(a) where it appears to the Environment Protection Authority that the use of the whole of the land comprising a recreation vehicle area for the purposes of a recreation vehicle area contravenes or will contravene the provisions of the Environmental Planning and Assessment Act 1979 or of any environmental planning instrument in force under that Act—rescind the order under section 11 (1) relating to that land, or

(b) where it appears to the Environment Protection Authority that the use of part of the land comprising a recreation vehicle area for the purposes of a recreation vehicle area contravenes or will contravene the provisions of that Act or any such instrument—vary the order under section 11 (1) relating to that land by excluding from the operation of that order that part of the land.

(2) If the Environment Protection Authority is satisfied that—

(a) any provision of this Act or the regulations, or any direction given under section 32A, has not been or is not being complied with by the occupier of land comprising a recreation vehicle area, and

(b) as a result of that non-compliance, the safety of persons resorting to or using the area, or of the public, is endangered,

the Environment Protection Authority may, by order published in the Gazette, rescind the order under section 11 (1) relating to that land.

(3) The Environment Protection Authority shall, as soon as practicable after making an order under this section, cause notice of the making of the order to be served on the occupier of the land to which the order relates.

s 14: Am 1988 No 15, Sch 1 (5).