218Drainage courses[[42]](#endnote-43)

218 Drainage courses[[42]](#endnote-43)

S. 218(1) amended by No. 62/1995 s. 36(1).

(1) Subject to subsection (2), the Minister may declare any area of land along which water flows (whether continuously, intermittently or occasionally) or any designated works referred to in section 188(1) to be a drainage course.

(2) The Minister must not make a declaration unless—

(a) an application has been made to the Minister by—

(i) any Authority or public statutory body that is responsible for any drainage or related functions in that vicinity; or

S. 218(2)(a)(ii) amended by No. 50/1992 s. 10(Sch. item 11.27), repealed by No. 65/1995 s. 22(k).

(b) the applicant has—

(i) published, in the Government Gazette and in a newspaper circulating generally in the area concerned, a notice stating the terms of the application and advising that submissions are invited within 6 weeks after the publication of the notice; and

(ii) sent a copy of the notice to any relevant council, to the owner or occupier of any land in the vicinity and to the Minister for the time being administering the Conservation, Forests and Lands Act 1987; and

(c) the Minister has considered any submissions received within 6 weeks after publication of the notice.

(3) A declaration under subsection (1) must be made by notice in writing which—

(a) is published in the Government Gazette; and

(b) is published in a newspaper circulating generally in the area in which the drainage course is located; and

(c) adequately describes the drainage course; and

(d) specifies the Authority or public statutory body having the management and control of the drainage course.

(4) The Minister must—

S. 218(4)(a) amended by No. 62/1995 s. 36(2).

(a) send a copy of the notice to every Authority or public statutory body that may have an interest in the land or works declared to be a drainage course; and

S. 218(4)(b) amended by Nos 46/1998
s. 7(Sch. 1), 85/2006 s. 93.

(b) notify the Secretary to the Department and all responsible authorities under the Planning and Environment Act 1987 that are likely to be affected by the declaration.

(5) The Minister may, by notice in writing in accordance with subsection (3), revoke a declaration, wholly or in part—

(a) on application by any person or body referred to in subsection (2)(a); and

(b) if the Minister is satisfied that the whole or any part of the area subject to the declaration should no longer be subject to it.