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Disaster Management Act 2003
sec.70Form and notice of declaration
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### sec.70 Form and notice of declaration
A declaration of a disaster situation under section 69 must be in the approved form.
The approved form must include provision for—
the time and date of the declaration; and
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 Minister and the Premier are satisfied it is necessary to exercise declared disaster powers under section 69 (b) before an approved form can be obtained and completed.
To remove any doubt, subsection (5) does not authorise an oral declaration if the Minister and the Premier are satisfied only that it is reasonably likely to be necessary to exercise declared disaster powers under section 69 (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 70 amd 2010 No. 40 s 30
(sec.70-ssec.1) A declaration of a disaster situation under section 69 must be in the approved form.
(sec.70-ssec.2) The approved form must include provision for— the time and date of the declaration; and the declared area for the disaster situation.
(sec.70-ssec.3) As soon as practicable after the disaster situation is declared, the Minister must give notice of the declaration by gazette notice.
(sec.70-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.70-ssec.5) Despite subsection (1) , a declaration of a disaster situation can be made orally if the Minister and the Premier are satisfied it is necessary to exercise declared disaster powers under section 69 (b) before an approved form can be obtained and completed.
(sec.70-ssec.6) To remove any doubt, subsection (5) does not authorise an oral declaration if the Minister and the Premier are satisfied only that it is reasonably likely to be necessary to exercise declared disaster powers under section 69 (b) .
(sec.70-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 declaration; and
- (b) 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.