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.