205Declarations by the Minister

205 Declarations by the Minister S. 205(1) amended by No. 12/1996 s. 9(1). (1) The Minister may, by Order published in the Government Gazette, declare any area to be an area of land liable to flooding or to be a floodway area. (2) A declaration may only be made— S. 205(2)(a) amended by No. 12/1996 s. 8(4), substituted by No. 85/2006 s. 88. (a) at the request of an Authority that has the functions referred to in section 202(1)(a), (b) and (c) or that has the functions referred to in section 202(2)(a), (b) and (c); S. 205(2)(b) amended by No. 12/1996 s. 9(2)(3). (b) in the case of a declaration of an area to be an area of land liable to flooding, on the basis of flood levels declared by the Authority under section 203 or, where flood levels have not been declared, on the basis of the Authority's best estimate of the area liable to flooding from a flood event which has a probability of occurrence of 1 per cent in any one year; and S. 205(2)(c) inserted by No. 12/1996 s. 9(3). (c) in the case of a declaration of an area to be a floodway area, on the basis of the Authority's best estimate of the area constituting the high hazard area of the floodplain comprising active flow paths or storage areas or both. (3) Before requesting a declaration, an Authority must— (a) notify any council or public statutory body that functions in the area of its intention; and (b) notify the owners of land within the area of its intention, and advise them that they may, within 6 weeks after the date of the notice, make a submission to the Authority. (4) An Authority must, before requesting a declaration, consider any submissions received under subsection (3).