39Declaration of declared projects

39 Declaration of declared projects

39 Declaration of declared projects

(1) The Minister may, by order published in the Gazette, declare a project for proposed development to be a declared project.

(2) However, the Minister may make a declaration under subsection (1) only if—

(a) the Minister is satisfied the project will be carried out in a part of the State that has been directly or indirectly affected by a disaster, and

(b) the Authority has recommended making the declaration, and

(c) the Minister is satisfied the declaration is necessary to help—

(i) facilitate the protection, rebuilding and recovery of an affected community, or

(ii) mitigate against potential disasters for an affected community, or

(iii) improve the resilience of an affected community for potential disasters through, for example, the betterment of the community.

(3) The order must describe the land to which the declared project relates.

(4) An order under subsection (1) may also specify that an Act or a statutory instrument does not apply in relation to the declared project, including the circumstances in which the Act or statutory instrument does not apply.