197HException to compliance with certain inspection requirements when an emergency declaration is in force

197H Exception to compliance with certain inspection requirements when an emergency declaration is in force (1) A person or body is not required to make a document available in person under section 4H(2), 41(2), 46E(4), 46V(4) or 46ZF(4) in accordance with the requirements set out in section 197B if, at the time a request to inspect the document is made— (a) there is an emergency declaration in force; and (b) it is not reasonably practicable for the person or body to do so because of a fact or circumstance arising out of the emergency or serious risk to public health in respect of which the declaration has been made. (2) A person or body is not required to make a document or register available on request in accordance with the requirements set out in section 197D if, at the time a request to inspect a document or register is made— (a) there is an emergency declaration in force; and (b) it is not reasonably practicable for the person or body to do so because of a fact or circumstance arising out of the emergency or serious risk to public health in respect of which the declaration has been made. S. 197H(3) def. of *emergency declaration* amended by No. 53/2021 s. 32. ***emergency declaration*** means— (a) a declaration of a state of disaster under section 23 of the **Emergency Management Act 1986**; or (ab) a pandemic declaration under section 165AB of the **Public Health and Wellbeing Act 2008**; or (b) a declaration of a state of emergency under section 198 of the **Public Health and Wellbeing Act 2008**. Division 7—Planning certificates