Infrastructure Protection Act 2017 · 2020 Revised Edition · Part 3 · Protected Areas and Protected Places
11. Amendment of protected area order
Feedback & supportThe Minister may, at any time, amend a protected area order (including before the effective date of the protected area order) by doing one or more of the following:
protected area order
“protected area order” means an order made under section 8 declaring any premises to be a protected area, and includes the order as amended under section 11;
change the specification of the protected area;
change the authority of the protected area;
for the purposes of sections 27 and 28, specify any surrounding area (whether in the form of a description (of its location or boundaries), map or other representation), or change the specification of or delete any specified surrounding area, of the protected area.
The Minister may amend a protected area order under subsection (1) —
on the application of the authority of the protected area; or
on the Minister’s own volition.
The application under subsection (2)(a) must be made in such form and manner, and be accompanied or supported by such information and documents, as the Minister may require.
Before amending a protected area order on the Minister’s own volition, the Minister must, unless the Minister considers it not practicable or desirable to do so in any particular case —
give notice of the Minister’s intention to do so —
to the authority of the protected area; and
where the Minister intends to change the authority of the protected area, to the owner or occupier of the protected area that the Minister intends to designate as the authority in the amended protected area order; and
give the authority and (where applicable) the person mentioned in paragraph (a)(ii) 14 days (or any longer or shorter time that the Minister may specify in the notice) after the date of the notice to make representations on the proposed amendment.
To avoid doubt, except as provided in this section, the Minister is not required to give any person notice of, or consult any person on, the Minister’s intention to amend a protected area order.
Sections 9 and 10 apply, with the necessary modifications, to an amended protected area order under this section.