AustLII Tasmanian Numbered Acts

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LAUNCESTON FLOOD RISK MANAGEMENT ACT 2015 (NO. 24 OF 2015) - SECT 22

Minister may issue to Council show cause notice in relation to levee-related land

(1)  The Minister, by notice in writing to the Council, may issue a show cause notice to the Council.
(2)  A show cause notice issued under subsection (1) is to –
(a) contain a statement for the purposes of subsection (3) or (4) ; and
(b) contain a statement that the Minister is considering issuing a notice to cease, or a notice of revocation, under section 23 ; and
(c) invite the Council 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.
(3)  A show cause notice issued under subsection (1) may contain a statement that the Minister is of the opinion that the Council is using or developing –
(a) for a purpose other than a purpose specified in section 21 ; or
(b) for commercial purposes; or
(c) otherwise than in accordance with section 21(3)  –
a part, of the levee-related land, specified in the notice, that is either Crown land or land that is owned by an instrumentality or agent of the Crown.
(4)  A show cause notice issued under subsection (1) may contain a statement that the Crown intends to resume, for the reasons, or the purposes, specified in the notice, responsibility for a part, of the levee-related land, that is specified in the notice and that is either Crown land or land that is owned by an instrumentality or agent of the Crown.
(5)  The Council may, within the period specified in accordance with subsection (2)(c) in a show cause notice issued under subsection (1) , provide to the Minister, in writing, the relevant information in relation to the part of the levee-related land that is specified in the notice.
(6)  For the purposes of this section, the relevant information in relation to a part of levee-related land that is specified in a show cause notice is –
(a) information as to the manner in which the Council is using or developing the part of the land; and
(b) reasons why the Minister should not issue, in respect of the part of the land, a notice to cease, or a notice of revocation, under section 23 .
(7)  The Minister, by notice in writing to the Council, may revoke a show cause notice issued under subsection (1) to the Council.



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