2010 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Mr Brendan Smyth) Emergencies (Bushfire Warnings) Amendment Bill 2010 Contents Page 1 Name of Act 2 2 Commencement 2 3 Legislation amended 2 4 New part 5.3A 2 5 Bushfire season Section 119 (1) 6 6 Dictionary, definition of bushfire season 6 7 Dictionary, new definition of fire danger index 6 J2010-153 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Mr Brendan Smyth) Emergencies (Bushfire Warnings) Amendment Bill 2010 A Bill for An Act to amend the Emergencies Act 2004 The Legislative Assembly for the Australian Capital Territory enacts as follows: J2010-153 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 1 Name of Act 2 This Act is the Emergencies (Bushfire Warnings) Amendment 3 Act 2010. 4 2 Commencement 5 This Act commences on the day after its notification day. 6 Note The naming and commencement provisions automatically commence on 7 the notification day (see Legislation Act, s 75 (1)). 8 3 Legislation amended 9 This Act amends the Emergencies Act 2004. 10 4 New part 5.3A 11 insert 12 Part 5.3A Bushfire warnings 13 85A Meaning of fire danger index 14 (1) In this Act: 15 fire danger index means an index worked out-- 16 (a) using the McArthur Mk 5 Forest Fire Danger Meter; or 17 (b) if the Minister determines another way for working out the fire 18 danger index--in that way. 19 (2) A determination is a disallowable instrument. 20 Note A disallowable instrument must be notified, and presented to the 21 Legislative Assembly, under the Legislation Act. page 2 Emergencies (Bushfire Warnings) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 85B Fire danger indexes 2 (1) The Minister must issue a fire danger index in the ACT for-- 3 (a) each day during the bushfire season; and 4 (b) any day outside the bushfire season for which the fire danger 5 index is 25 or higher. 6 (2) If the fire danger index issued under subsection (1) for a day is 25 or 7 higher, the Minister must also issue any later increase in the index 8 for the day. 9 (3) If the fire danger index issued under subsection (1) (a) for a day is 10 lower than 25 but the index increases to 25 or higher during the day, 11 the Minister must also issue the increase and any later increase in 12 the index for the day. 13 85C Bushfire warnings 14 (1) If the fire danger index is 25 or higher, the Minister must also issue 15 a bushfire warning with the index. 16 (2) A bushfire warning issued under subsection (1) must include the 17 following: 18 (a) the fire danger index; 19 (b) the bushfire activity category mentioned in table 85C, 20 column 3 for the fire danger index mentioned in column 2; 21 (c) the locations or suburbs to which the warning applies; 22 (d) if the fire danger index is 49 or lower--a recommendation that 23 people consider their readiness for a bushfire and quickly 24 decide whether to stay and defend their location or whether to 25 evacuate; Emergencies (Bushfire Warnings) Amendment Bill 2010 page 3 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 (e) if the fire danger index is 50 or higher--a recommendation 2 that, if people have not prepared their location for a bushfire 3 and do not have the experience to stay and defend their 4 location, they should evacuate before a fire starts; 5 (f) a statement to the effect that the conditions may cause fires to 6 develop very quickly into very large, uncontrollable bushfires 7 that may lead to loss of life and property; 8 (g) information about where people should go if they decide to 9 evacuate; 10 (h) sources of further information. 11 Examples--par (h) 12 1 Canberra radio stations 13 2 Canberra television stations 14 3 The Canberra Times newspaper 15 4 Bureau of Meteorology website 16 5 Canberra Connect website 17 6 ACT Government website 18 Note An example is part of the Act, is not exhaustive and may extend, 19 but does not limit, the meaning of the provision in which it 20 appears (see Legislation Act, s 126 and s 132). 21 Table 85C Bushfire activity categories column 1 column 2 column 3 item fire danger index bushfire activity category 1 25 ­ 49 very high 2 50 ­ 74 severe 3 75 ­ 99 extreme 4 100 or higher catastrophic (code red) page 4 Emergencies (Bushfire Warnings) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 85D Issuing fire danger indexes and bushfire warnings 2 (1) An index (and any related bushfire warning) required to be issued 3 under section 85B and section 85C must be issued-- 4 (a) as soon as practicable after the index is worked out; and 5 (b) by ensuring that it is-- 6 (i) broadcast in the ACT by television and radio; and 7 (ii) except for an index (and any related bushfire warning) 8 issued under section 85B (2) or (3)--published in a daily 9 newspaper. 10 (2) An index (and any related bushfire warning) may also be broadcast 11 in the ACT by-- 12 (a) telephone; or 13 (b) any other electronic means. 14 Example--par (b) 15 the Internet 16 Note An example is part of the Act, is not exhaustive and may extend, 17 but does not limit, the meaning of the provision in which it 18 appears (see Legislation Act, s 126 and s 132). 19 85E Public education about bushfire warnings 20 (1) The Minister must undertake a public education program to increase 21 public awareness of-- 22 (a) the fire danger index and corresponding bushfire activity 23 categories; and 24 (b) the potential consequences of different fire danger indexes; and 25 (c) the action to be undertaken by members of the public when a 26 bushfire warning is issued. Emergencies (Bushfire Warnings) Amendment Bill 2010 page 5 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 (2) The Minister must report annually to the Legislative Assembly 2 about the progress of the public education program. 3 5 Bushfire season 4 Section 119 (1) 5 omit 6 division 7 substitute 8 Act 9 6 Dictionary, definition of bushfire season 10 substitute 11 bushfire season--see section 119. 12 7 Dictionary, new definition of fire danger index 13 insert 14 fire danger index--see section 85A. page 6 Emergencies (Bushfire Warnings) Amendment Bill 2010 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 Presentation speech Presentation speech made in the Legislative Assembly on 2010. 2 Notification Notified under the Legislation Act on 2010. 3 Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. © Australian Capital Territory 2010 Emergencies (Bushfire Warnings) Amendment Bill 2010 page 7 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au