sec.43Declaration of reconstruction area

### sec.43 Declaration of reconstruction area A regulation (a declaration regulation ) may declare a part of the State to be a reconstruction area. However, the Minister must not recommend to the Governor in Council the making of a regulation under subsection (1) unless the Minister is satisfied— the part of the State has been directly or indirectly affected by a disaster; and the declaration is necessary to facilitate a matter mentioned in section 42 (1) (b) . Before recommending to the Governor in Council the making of a declaration regulation, the Minister must have regard to the responsibilities of the relevant local government for matters about land use, and the giving of development approvals, for the local government’s area. A declaration regulation for a reconstruction area may declare that land in a part of the area is land ( acquisition land ) that is subject to section 100 . Under section 100 , the owner may not dispose of acquisition land other than to the authority or a local government, and the authority or local government may be required to acquire acquisition land. However, the Minister must not recommend to the Governor in Council the making of a declaration regulation for a reconstruction area that includes acquisition land unless the Minister is satisfied the declaration of the acquisition land is necessary for the carrying out of a reconstruction function of the authority. If a declaration regulation declares land to be acquisition land, the declaration regulation must— describe the acquisition land; and a lot on plan description if the authority may be required to acquire the land under section 100 —state that fact; and if a local government may be required to acquire the land under section 100 —state that fact and the name of the local government. The declaration regulation must not state a local government for subsection (6) (c) without the agreement of the local government. The Minister may recommend to the Governor in Council the making of a declaration regulation on the Minister’s own initiative or at the request of a local government. s 43 amd 2019 No. 11 s 208 (sec.43-ssec.1) A regulation (a declaration regulation ) may declare a part of the State to be a reconstruction area. (sec.43-ssec.2) However, the Minister must not recommend to the Governor in Council the making of a regulation under subsection (1) unless the Minister is satisfied— the part of the State has been directly or indirectly affected by a disaster; and the declaration is necessary to facilitate a matter mentioned in section 42 (1) (b) . (sec.43-ssec.3) Before recommending to the Governor in Council the making of a declaration regulation, the Minister must have regard to the responsibilities of the relevant local government for matters about land use, and the giving of development approvals, for the local government’s area. (sec.43-ssec.4) A declaration regulation for a reconstruction area may declare that land in a part of the area is land ( acquisition land ) that is subject to section 100 . Under section 100 , the owner may not dispose of acquisition land other than to the authority or a local government, and the authority or local government may be required to acquire acquisition land. (sec.43-ssec.5) However, the Minister must not recommend to the Governor in Council the making of a declaration regulation for a reconstruction area that includes acquisition land unless the Minister is satisfied the declaration of the acquisition land is necessary for the carrying out of a reconstruction function of the authority. (sec.43-ssec.6) If a declaration regulation declares land to be acquisition land, the declaration regulation must— describe the acquisition land; and a lot on plan description if the authority may be required to acquire the land under section 100 —state that fact; and if a local government may be required to acquire the land under section 100 —state that fact and the name of the local government. (sec.43-ssec.7) The declaration regulation must not state a local government for subsection (6) (c) without the agreement of the local government. (sec.43-ssec.8) The Minister may recommend to the Governor in Council the making of a declaration regulation on the Minister’s own initiative or at the request of a local government. - (a) the part of the State has been directly or indirectly affected by a disaster; and - (b) the declaration is necessary to facilitate a matter mentioned in section 42 (1) (b) . - (a) describe the acquisition land; and Example of a description of land— a lot on plan description - (b) if the authority may be required to acquire the land under section 100 —state that fact; and - (c) if a local government may be required to acquire the land under section 100 —state that fact and the name of the local government.