24Formulation of management plans

24 Formulation of management plans

(1)  It is the responsibility of the Trust to cause to be prepared, with a view to its submission to the Governor, a plan referred to in section 23 (1) .

(2)  Where the Trust considers that an Act administered in or by an Agency or State authority will or may be affected by a restriction on the exercise of a statutory power that it is proposed to include in a management plan, being a statutory power the right to exercise which is conferred on –

(a) the responsible officer of the Agency or State authority; or

(b) a person employed in the Agency or employed by or in the State authority (not being the responsible officer of the Agency or State authority); or

(c) the State authority, in the case of an Act administered in or by the State authority; or

(d) the Minister responsible for the administration of the Agency or State authority –

the Trust must, by written notice given to the responsible officer of the Agency or State authority, request that officer to provide the Trust with written representations stating whether or not the officer considers the inclusion of the restriction in the plan to be necessary or desirable and giving reasons for making the representations.

(3)  For the purposes of subsection (2) , responsible officer means –

(a) in relation to an Agency, the Head of that Agency; and

(b) in relation to a State authority, the president, chairperson or other principal or presiding member of the State authority or, if the State authority comprises a single person, that person.

(4)  Where the Trust considers that –

(a) a private right to take water; or

(b) any land within a municipality –

will, or may, be affected by a management plan, it must consult with the holder of that private right or with that municipality.

(5)  The Trust may, in a notice given by it for the purposes of subsection (2) , specify a time, being not less than 30 days after the date of the receipt of the notice by the person to whom it is given, in which the Trust is to be provided with representations for the purposes of that subsection.