QLDIn ForceAct
Disaster Management Act 2003
sec.65Form and notice of declaration
Start here
Get a plain-English read of sec.65
Turn the raw legal text into a practical explanation grounded in Disaster Management Act 2003.
### sec.65 Form and notice of declaration
A declaration of a disaster situation under section 64 (1) must be in the approved form.
The approved form must include provision for the following—
the time and date of the Minister’s approval;
the time and date of the declaration;
the declared area for the disaster situation.
As soon as practicable after the disaster situation is declared, the Minister must give notice of the declaration by gazette notice.
The gazette notice must include—
the time and date of the declaration; and
details of the declared area for the disaster situation.
Despite subsection (1) , a declaration of a disaster situation can be made orally if the district disaster coordinator is satisfied it is necessary to exercise declared disaster powers under section 64 (1) (b) before an approved form can be obtained and completed.
To remove any doubt, subsection (5) does not authorise an oral declaration if the district disaster coordinator is satisfied only that it is reasonably likely to be necessary to exercise declared disaster powers under section 64 (1) (b) .
If an oral declaration of a disaster situation is made under subsection (5) , the declaration of the disaster situation must be recorded in the approved form under subsections (1) and (2) as soon as is reasonably practicable after the oral declaration is made.
s 65 amd 2010 No. 40 s 26
(sec.65-ssec.1) A declaration of a disaster situation under section 64 (1) must be in the approved form.
(sec.65-ssec.2) The approved form must include provision for the following— the time and date of the Minister’s approval; the time and date of the declaration; the declared area for the disaster situation.
(sec.65-ssec.3) As soon as practicable after the disaster situation is declared, the Minister must give notice of the declaration by gazette notice.
(sec.65-ssec.4) The gazette notice must include— the time and date of the declaration; and details of the declared area for the disaster situation.
(sec.65-ssec.5) Despite subsection (1) , a declaration of a disaster situation can be made orally if the district disaster coordinator is satisfied it is necessary to exercise declared disaster powers under section 64 (1) (b) before an approved form can be obtained and completed.
(sec.65-ssec.6) To remove any doubt, subsection (5) does not authorise an oral declaration if the district disaster coordinator is satisfied only that it is reasonably likely to be necessary to exercise declared disaster powers under section 64 (1) (b) .
(sec.65-ssec.7) If an oral declaration of a disaster situation is made under subsection (5) , the declaration of the disaster situation must be recorded in the approved form under subsections (1) and (2) as soon as is reasonably practicable after the oral declaration is made.
- (a) the time and date of the Minister’s approval;
- (b) the time and date of the declaration;
- (c) the declared area for the disaster situation.
- (a) the time and date of the declaration; and
- (b) details of the declared area for the disaster situation.