sec.64BSurrender of secondary thoroughfare as canal

### sec.64B Surrender of secondary thoroughfare as canal This section applies to a canal, including the part of a canal, that is part of a secondary thoroughfare. With the prior approval of— the principal body corporate determined by special resolution within the meaning of section 22 ; and the local government; and the Minister; and the Governor in Council upon the recommendation of the Minister for the time being administering the Coastal Protection and Management Act 1995 ; and subject to any reasonable conditions that the local government imposes, the principal body corporate may transfer and surrender the canal to the Crown. The local government may impose a condition pursuant to subsection (2) that the principal body corporate pay to the local government an amount of money fixed by the local government with a view to the cost of constructing or restoring as necessary and preserving, maintaining and keeping clean the canal. The Minister for the time being administering the Coastal Protection and Management Act 1995 shall not recommend that the Governor in Council give approval to the transfer and surrender to the Crown of a canal pursuant to subsection (2) unless the Minister is satisfied that the construction and condition of the canal is of a standard that, if it was proposed, at the time of the recommendation, to construct such a canal over land to which the Coastal Protection and Management Act 1995 applied, no approval required by that Act in respect thereof would have reasonably been refused. A canal that, pursuant to this section, is transferred and surrendered to the Crown shall cease to be a part of the secondary thoroughfare and of the site or, as the case may be, the adjacent site, and shall be deemed to be a canal within the meaning of the Coastal Protection and Management Act 1995 which has been constructed in accordance with that Act. s 64B ins 1987 No. 91 s 29 amd 2009 No. 26 s 89 (sec.64B-ssec.1) This section applies to a canal, including the part of a canal, that is part of a secondary thoroughfare. (sec.64B-ssec.2) With the prior approval of— the principal body corporate determined by special resolution within the meaning of section 22 ; and the local government; and the Minister; and the Governor in Council upon the recommendation of the Minister for the time being administering the Coastal Protection and Management Act 1995 ; and subject to any reasonable conditions that the local government imposes, the principal body corporate may transfer and surrender the canal to the Crown. (sec.64B-ssec.3) The local government may impose a condition pursuant to subsection (2) that the principal body corporate pay to the local government an amount of money fixed by the local government with a view to the cost of constructing or restoring as necessary and preserving, maintaining and keeping clean the canal. (sec.64B-ssec.4) The Minister for the time being administering the Coastal Protection and Management Act 1995 shall not recommend that the Governor in Council give approval to the transfer and surrender to the Crown of a canal pursuant to subsection (2) unless the Minister is satisfied that the construction and condition of the canal is of a standard that, if it was proposed, at the time of the recommendation, to construct such a canal over land to which the Coastal Protection and Management Act 1995 applied, no approval required by that Act in respect thereof would have reasonably been refused. (sec.64B-ssec.5) A canal that, pursuant to this section, is transferred and surrendered to the Crown shall cease to be a part of the secondary thoroughfare and of the site or, as the case may be, the adjacent site, and shall be deemed to be a canal within the meaning of the Coastal Protection and Management Act 1995 which has been constructed in accordance with that Act. - (a) the principal body corporate determined by special resolution within the meaning of section 22 ; and - (b) the local government; and - (c) the Minister; and - (d) the Governor in Council upon the recommendation of the Minister for the time being administering the Coastal Protection and Management Act 1995 ;