Page:Infrastructure Protection Act 2017.pdf/17

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18
NO. 41 OF 2017


considers it not practicable or desirable to do so in any particular case—

(a) give notice of the Minister’s intention to do so to the owner or occupier of the premises that the Minister intends to designate as the authority of the protected area under section 9(1)(b); and
(b) give that owner or occupier 14 days (or such longer or shorter time as the Minister may specify in the notice) after the date of the notice to make representations on the proposed protected area order.

(5) 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 make a protected area order.

Contents and effective date of protected area order

9.—(1) A protected area order—

(a) must specify the protected area (whether in the form of a description (of its location or boundaries), map or other representation);
(b) must designate one or more owners, or one or more occupiers, of the protected area to be the authority of the protected area;
(c) may, for the purposes of sections 27 and 28, specify any surrounding area of the protected area (whether in the form of a description (of its location or boundaries), map or other representation); and
(d) must specify the date on which the protected area order takes effect.

(2) In determining the date under subsection (1)(d), the Minister must have regard to the time reasonably required for the authority to have in place on that date the measures required under section 12(1).

(3) Where the protected area order designates more than one owner, or more than one occupier, to be the authority of the protected area, each of those persons—