12Authority may carry out development on certain land in particular circumstances

12 Authority may carry out development on certain land in particular circumstances

12 Authority may carry out development on certain land in particular circumstances

(1) Subject to subsection (2), the Authority may carry out development on land (specified land) if—

(a) the Authority is satisfied—

(i) the specified land is in a part of the State that has been, or is likely to be, directly or indirectly affected by a disaster, and

(ii) the development is necessary to give effect to the primary object of this Act, and

(iii) given the nature of the disaster or likely disaster, and its direct or indirect effect on the specified land, carrying out the development immediately is appropriate in the circumstances, and

(iv) the development will not involve clearing native vegetation or will involve clearing native vegetation only to the minimum extent necessary, or

(b) the Authority is satisfied—

(i) the specified land is not in a part of the State that has been, or is likely to be, directly affected by a disaster but the development is a direct response to the disaster or likely disaster, and

Example—

development for the purposes of residential accommodation to house residents who have been displaced by a disaster

(ii) the development is necessary to give effect to the primary object of this Act, and

(iii) that, given the nature of the disaster or likely disaster and its impact, carrying out the development immediately is appropriate in the circumstances, and

(iv) the development will not involve clearing native vegetation or will involve clearing native vegetation only to the minimum extent necessary.

(2) The Authority may carry out development under subsection (1)(a)(i) on specified land that is likely to be affected by a disaster, or development under subsection (1)(b)(i) that is a direct response to a likely disaster, only if the Premier has made a declaration under subsection (3) authorising the proposed development.

(3) The Premier may, by written order given to the Authority (a proposed development declaration), declare that proposed development is authorised to be carried out under this section if—