Part 4AMarginal strips
24HManagement of marginal strips
The Minister may from time to time appoint suitable persons to be managers of marginal strips.
Subject to subsection (6)(c), the Minister may appoint one of the following persons to be the manager of any marginal strip:
- the owner for the time being of the land adjoining that strip:
- some other suitable person, if the Minister considers that person to be more suitable than the adjoining owner.
The Crown shall manage all marginal strips around controlled lakes and reservoirs; but any costs relating to any such strip that are costs arising out of electricity generation in the area of the strip shall be payable by the person or body responsible for that electricity generation.
Subject to this section, the manager of a marginal strip shall—
- manage the strip in a way that best serves the purposes specified in section 24C; and
- enable members of the public to have access along the strip.
Subject to this section, the manager of a marginal strip may make improvements to the strip, and the improvements may include such planting or harvesting of crops or trees as may be provided for in any Crown forestry licence under the Crown Forest Assets Act 1989 affecting or relating to the strip or in any agreement between the manager and the Crown.
In the case of the holder of a Crown forestry licence under the Crown Forest Assets Act 1989, the following provisions shall also apply:
- the licence holder may manage and harvest exotic plantation trees existing at the time of the grant of the licence on any marginal strip adjoining the land to which the licence relates:
- the licence holder may carry out 1 replanting of such trees on the strip:
- the Minister may appoint either the licence holder or the Director-General to be manager of the strip, but shall not appoint any other person to be the manager.
The manager of a marginal strip may request the Minister to close temporarily the strip under section 13 where any operation proposed on the strip will significantly affect public safety or where fire hazard conditions exist.
The manager of a marginal strip shall comply with any reasonable requirements or restrictions imposed in respect of the strip by the Minister by notice in writing to the manager; and the Minister shall impose such requirements or restrictions, or both, as the Minister considers reasonably necessary or expedient to protect the strip, having particular regard to the maintenance of riparian vegetation, wildlife, water quality, the health of aquatic life, and to maintain access to and the recreational use of the strip.
The Minister shall not require the manager of any marginal strip to fence off any part of that strip, or to undertake any other works on or relating to that strip, unless the expenses associated with such fencing or other works are borne by the Crown.
The Minister shall consult the appropriate manager where—
- an application for a licence to mine in a marginal strip is being considered; or
- any complaint relating to a marginal strip is being investigated; or
- any requirement or restriction under subsection (8) is being proposed.
The manager of a marginal strip shall obtain the written consent of the Minister before making any significant change to the management regime of the strip, and before making or erecting any significant improvements to or on the strip.
Subject to subsection (9), any expense incurred by a manager under this section shall be borne by the manager.
Every manager of a marginal strip commits an offence who—
- knowingly damages the marginal strip or causes to be damaged the strip or any part of it; or
- knowingly uses the marginal strip for any purpose contrary to any provision of or to any requirement imposed under this Part.
Notes
- Section 24H: inserted, on , by section 15 of the Conservation Law Reform Act 1990 (1990 No 31).