(1) Without prejudice to the exercise of the powers contained in the other parts of this Act, it shall be lawful for the Board as the occasion may arise to declare any lands including Crown lands to be a conservation area.
(2) For the purposes of subsection (1) the Board may with the approval of the Minister make such Regulations as appears to be necessary for –
(a) the protection against storms, storm waters, winds, rain, stones, floods, land slides, drought and airborne emissions;
(b) the preservation of soil and vegetation, ridges, valleys and hilly tracks;
(c) the prevention of land slides and the formation of ravines and torrents, and the protection of land against erosion or the deposition thereof of soil, sand, stones, gravel and noxious material;
(d) the maintenance of the water supply in springs, rivers, canals and any other source;
(e) the maintenance and carrying out of drainage works;
(f) the protection of transmission lines, pipelines, bridges, roads, culverts, hydraulic structures, and the protection of any other property or lines of communication;
(g) the preservation of soil fertility, scenic beauty, cultural and other unique characteristics;
(h) the promotion of the most efficient and economic utilisation of land; and
(i) the preservation of public and environmental health.
(3) Regulations made under subsection (2) may provide for—
(a) the breaking up or clearing of lands for cultivation for any other purpose;
(b) the pasturing, depasturing and watering of livestock;
(c) the method of cultivation of land;
(d) the firing, clearing or destruction of vegetation;
(e) any other land use activities in the conservation area.
(4) Any person who fails to comply with any Regulations made under this section commits an offence.
(5) If the Board considers that any area should be declared a conservation area it shall publish a notice to that effect in at least one issue of the Gazette and in at least one issue of a local newspaper which is circulated in the proposed conservation area.
(6) As soon as any notice has been published in accordance with subsection (5), the Board shall prepare, or cause to be prepared, with such person as it may think fit, a proposal for the long term management of the area and regulations for its protection.
(7) During the preparation of such a proposal for a conservation area the Board must hold at least one public meeting within or in close proximity to the proposed area. At such a meeting the Board shall outline its objectives, proposals and likely consequences for the proposed conservation area and it must encourage public participation and pay due consideration to the submissions of all interested parties in the preparation of the proposals to be published in accordance with subsection (8).
(8) Where the Board has complied with the provisions of subsections (5), (6) and (7), it shall make or cause to be made available for public viewing, for a period of at least 30 days, its proposal for a conservation area.
(9) The Board shall issue a notice indicating the place and times when its proposal can be viewed by the public in 2 consecutive issues of the Gazette and in 2 consecutive issues of a local newspaper which is circulated in the proposed conservation area.
(10) Any owner, occupier or any interested person within a proposed conservation area may, within 14 days after the last day of public viewing, make objections, comments or recommendations in writing to the Executive Secretary of the Board with regard to the proposed conservation area.
(11) The Board shall consider any objections, comments or recommendations made in accordance with subsection (10) in the preparation of a final management and implementation plan for the conservation area.
(12) The Board shall make or cause to be made available for public scrutiny, for a period of at least 14 days, the final management and implementation plan for a conservation area.
(13) The Board shall issue a notice indicating the place and times when the final management and implementation plan can be examined by the public in 2 consecutive issues of the Gazette and in 2 consecutive issues of a local newspaper which is circulated in the proposed conservation area.
(14) Any owner, occupier or any other person who is or is likely to be affected by the implementation of the final plan for a conservation area, may appeal in writing to the Minister within 30 days after the last day of public examination referred to in subsection (12), stating the grounds on which any objection to any part of the final management and implementation plan is made.
(15) The Minister shall, upon receipt of any appeal made under subsection (14) consider the objection and may if the Minister deems it necessary, appoint an independent inspector to hold a public enquiry regarding the final management and implementation plan and any objection raised thereon.
(16) An appointed inspector under subsection (15) shall submit to the Minister a report in writing within 30 days of the conclusion of the public enquiry. Such a report shall include recommendations for amendments, rejection or complete acceptance of the final management and implementation plan.
(17) A copy of the report made under subsection (16) shall be sent directly to the Board by the Inspector.
(18) The Minister shall submit to Cabinet, the final management and implementation plan together with any recommendations of an inspector from a public enquiry, for its consideration.