This legislation has been repealed.
33—Special vesting of infrastructure
(1) Subject to this
section, the Governor may, by proclamation made on the recommendation of the
Minister, vest in a regional NRM board the use of any infrastructure vested in
or under the care, control or management of a public authority.
(2) Subject to this
section, the Governor may, by proclamation made on the recommendation of the
Minister, vest in a regional NRM board the use of any land vested in or under
the care, control or management of a public authority that is specified in the
board's regional NRM plan as being land that should be under the care, control
and management of the board.
(3) Subject to subsection (4)
, if the use of infrastructure or land is vested in a regional NRM board under
subsection (1)
or (2), the care, control and management of the infrastructure or land is also
vested in the board and the board is responsible for the maintenance and
repair of the infrastructure or the maintenance of the land.
(4) The use of
infrastructure or land will be vested exclusively in a regional NRM board by a
proclamation under subsection (1)
or (2) unless the proclamation provides for the use to be shared by the board
and a public authority in which case the proclamation must—
(a)
specify the respective responsibilities of the board and the public authority
for the care, control and management and the maintenance and repair of the
infrastructure or land; and
(b)
include any other conditions that are necessary or desirable, in the
Governor's opinion, relating to the shared use of the infrastructure or land.
(5) A
regional NRM board is not liable to pay compensation to a public authority in
respect of a proclamation under subsection (1)
and (2) .
(6) Subject to this
section, the Governor may, by subsequent proclamation made on the
recommendation of the Minister, vary or revoke a proclamation under this
section.
(7) The Governor
cannot make a proclamation under subsection (1)
, (2) or (6) in
relation to infrastructure or land vested in or under the care, control or
management of a council or council subsidiary without the consent in writing
of the council or council subsidiary.