EMERGENCY MANAGEMENT ACT 2005 - SECT 35
EMERGENCY MANAGEMENT ACT 2005 - SECT 35
35 . Specified public authority may exercise functions of local government
(1) The SEMC, by
notice published in the Gazette , may designate —
(a) a
specified area of one or more local government districts; or
(b) a
specified area that is not part of a local government district,
as an area in which a
specified public authority is to perform and exercise all of the functions of
a local government under this Part.
(2) Before designating
an area under subsection (1) the SEMC is to notify each local government in
whose district any part of the area proposed to be designated is situated of
what is proposed to be done and allow a reasonable time for submissions on the
proposal.
(3) In designating an
area under subsection (1) the SEMC is to have regard to any submissions of the
local government.
(4) A local government
is not to perform or exercise functions under this Part in relation to an area
within its district that is designated under subsection (1)(a) unless the
local government is requested to do so by the public authority specified under
subsection (1) in relation to that area.
(5) If a notice is
published under subsection (1), section 16(2) and this Part apply as if
—
(a) a
reference to a local government were a reference to the public authority
specified in the notice; and
(b) a
reference to a local government district, in relation to the public authority
specified in the notice, were a reference to the area designated in the
notice.
(6) In subsection (1)
—
specified means specified in a notice published
under that subsection.