40Declaration of reconstruction areas

40 Declaration of reconstruction areas

40 Declaration of reconstruction areas

(1) The Minister may, by order published in the Gazette, declare a part of the State to be a reconstruction area.

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

(a) the Minister is satisfied the part of the State has been directly or indirectly affected by a disaster, and

(b) the Authority has recommended the making of 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) An order under subsection (1) may also specify that an Act or a statutory instrument does not apply in relation to the reconstruction area, including the circumstances in which the Act or statutory instrument does not apply.