41Declaration of disaster prevention areas

41 Declaration of disaster prevention areas

41 Declaration of disaster prevention areas

(1) The Minister may, by order published in the Gazette and with the concurrence of the Premier, declare a part of the State to be a disaster prevention area.

(2) The Minister may make a declaration under subsection (1) only if—

(a) the Minister is satisfied the part of the State is likely to be 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 prevent, or mitigate against, potential disasters for a community.

(3) A declaration remains in force for the period specified in the order, unless sooner revoked.

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