Part 5Pest management
Regional pathway management plans
97Making of plan
A plan is made by the council fixing the council's seal to the plan.
If no person makes an application under section 96, the council must make the plan.
If a person makes an application under section 96, the council must—
- decide whether the matter dealt with in the application is severable from the rest of the plan; and
- take 1 of the courses of action described in subsection (4).
The courses of action are as follows:
- if the matter dealt with in the application is severable from the rest of the plan, the council must make the plan without the matter in it and, after the Environment Court's decision, do the applicable 1 of the following:
- if the Environment Court dismisses the application under section 96(8)(a), make the part of the plan that deals with the matter:
- if the Environment Court gives a direction under section 96(8)(b), comply with the direction before making the part of the plan that deals with the matter:
- if the Environment Court dismisses the application under section 96(8)(a), make the part of the plan that deals with the matter:
- if the matter dealt with in the application is not severable from the rest of the plan and the Environment Court dismisses the application under section 96(8)(a), the council must make the plan:
- if the matter dealt with in the application is not severable from the rest of the plan and the Environment Court gives a direction under section 96(8)(b), the council must comply with the direction before making the plan.
The council must give public notice of—
- the making of the plan; and
- the plan's commencement date or dates, as follows:
- the commencement date of a plan made in the circumstances described in subsection (2) or (4)(b) or (c) is the date on which the council fixes the council's seal to the plan:
- the commencement dates of the parts of a plan made in the circumstances described in subsection (4)(a) are, for the part of the plan made first, the date on which the council fixes the council's seal to that part and, for the part of the plan made after the Environment Court's decision, the date on which the council fixes the council's seal to that part.
- the commencement date of a plan made in the circumstances described in subsection (2) or (4)(b) or (c) is the date on which the council fixes the council's seal to the plan:
Notes
- Section 97: replaced, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).