AustLII Tasmanian Numbered Acts

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LAUNCESTON FLOOD RISK MANAGEMENT ACT 2015 (NO. 24 OF 2015) - SECT 13

Revocation of Authority's rights in relation to levee-related land

(1)  In this section –
levee-related functions or powers , in relation to the Authority, means –
(a) the functions of the Authority specified in section 6(1)(c) ; and
(b) other functions of the Authority, under this Act or the Authority Rules, in so far as the functions are necessary or convenient for the performance of the functions specified in section 6(1)(c) ; and
(c) the powers of the Authority, under this Act or the Authority Rules, in so far as the powers are necessary or convenient for the performance of the functions referred to in paragraph (a) or (b) .
(2)  The Minister, by notice in writing to the Authority, may issue a show cause notice to the Authority.
(3)  A show cause notice issued under subsection (2) is to –
(a) contain a statement that the Minister is of the opinion that the Authority is not performing or exercising its levee-related functions or powers in respect of –
(i) the levee-related land; or
(ii) the part of the levee-related land specified in the notice; and
(b) contain a statement that the Minister is considering issuing under subsection (6) a revocation notice in relation to the levee-related land, or the part of the land, declaring that the Authority may no longer perform or exercise its levee-related functions or powers in respect of the land or the part of the land; and
(c) invite the Authority to provide to the Minister the relevant information within a period, specified in the show cause notice, that is not less than 28 days after the show cause notice is issued.
(4)  The Authority may, within the period specified in a show cause notice issued to the Authority under subsection (2) , provide to the Minister, in writing, the relevant information –
(a) in relation to the levee-related land; or
(b) if only part of the levee-related land is specified in the notice, in relation to that part.
(5)  For the purposes of this section, the relevant information in relation to levee-related land, or a part of levee-related land, is –
(a) information as to the extent to which the Authority is performing or exercising its levee-related functions or powers in respect of the levee-related land or the part of the levee-related land; and
(b) reasons why the Minister should not issue a revocation notice under subsection (6) in respect of the levee-related land or the part of the levee-related land.
(6)  The Minister, by notice in writing to the Authority, may issue to the Authority a revocation notice in relation to the levee-related land or a part of the levee-related land specified in the notice.
(7)  The Minister may only issue a revocation notice in relation to the levee-related land, or a part of the levee-related land specified in the notice, if –
(a) the Minister has issued to the Authority a show cause notice under subsection (2) in respect of the land or the part of the land; and
(b) the period specified in the show cause notice has expired; and
(c) the Minister is, after considering the relevant information, if any, that may have been provided to the Minister under subsection (4) in relation to the land or the part of the land, of the opinion that –
(i) the Authority is not performing or exercising its levee-related functions or powers in respect of the land or the part of the land; and
(ii) there are no reasonable grounds for the Minister not to issue the notice.
(8)  A revocation notice issued under subsection (6) is to declare that the Authority may no longer, except with the permission of the Minister, perform or exercise its levee-related functions or powers in respect of –
(a) the levee-related land; or
(b) the part of the levee-related land specified in the notice.
(9)  Despite section 12 , if a revocation notice is issued under subsection (6) in relation to the levee-related land, or a part of the levee-related land specified in the notice, the Authority is not permitted to perform or exercise, in relation to the land, or the part of the land, respectively, its levee-related functions or powers.



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