[Page Break] State Emergency and Rescue Management Amendment (Botany Emergency Works) Bill 2008 No , 2008 A Bill for An Act to amend the State Emergency and Rescue Management Act 1989 to make special provision for the carrying out of emergency works at a site in Botany Road, Alexandria; and for other purposes. [Page Break] Clause 1 Emergency Works) Bill 2008 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the State Emergency and Rescue Management Amendment 3 (Botany Emergency Works) Act 2008. 4 2 Commencement 5 This Act commences on the date of assent to this Act. 6 3 Amendment of State Emergency and Rescue Management Act 1989 7 No 165 8 The State Emergency and Rescue Management Act 1989 is amended as 9 set out in Schedule 1. 10 4 Repeal of Act 11 (1) This Act is repealed on the day following the day on which this Act 12 commences. 13 (2) The repeal of this Act does not, because of the operation of section 30 14 of the Interpretation Act 1987, affect any amendment made by this Act. 15 Page 2 [Page Break] Emergency Works) Bill 2008 Amendments Schedule 1 Schedule 1 Amendments 1 (Section 3) 2 [1] Schedule 4 Savings, transitional and other provisions 3 Insert at the end of clause 1 (1): 4 State Emergency and Rescue Management Amendment (Botany 5 Emergency Works) Act 2008 6 [2] Schedule 4, Part 6 7 Insert after Part 5: 8 Part 6 Special provisions relating to emergency 9 works at Botany site 10 10 Definitions 11 In this Part: 12 BBB Constructions means BBB Constructions Pty Ltd 13 ACN 119 554 700. 14 Botany site means the area bounded by and including Botany 15 Road, McEvoy Street, Retreat Street and Wyndham Street, 16 Alexandria. 17 Director-General means the Director-General of the Department 18 of Commerce. 19 emergency works means the carrying out of the following works 20 on the Botany site: 21 (a) the shoring up (including re-anchoring) of retaining or 22 other walls that support premises or roads in the Botany 23 site, 24 (b) if the Director-General considers it necessary to do so, 25 grouting behind the walls to reseal them against the ingress 26 of water, 27 (c) other stabilisation work on the site (including the 28 construction and progressive removal of an earth berm and 29 any stabilisation work required as a result of the collapse 30 of any such wall), 31 and includes any preparatory examination, survey, excavation or 32 other thing done for the purposes of carrying out those works. 33 senior police officer means a police officer of or above the rank 34 of sergeant. 35 Page 3 [Page Break] Emergency Works) Bill 2008 Schedule 1 Amendments the contractors means the persons engaged by the 1 Director-General to carry out the emergency works. 2 11 Carrying out of the emergency works 3 (1) The emergency works are authorised and required to be carried 4 out by the Director-General. 5 (2) The Director-General may engage persons to carry out the 6 emergency works. 7 (3) The contractors may include a person who is the owner or 8 occupier of land in the Botany site or who has been engaged by 9 any such owner or occupier to do work on the site. 10 12 Access to site to carry out works etc 11 (1) The Director-General, the contractors, police officers and any 12 other persons authorised by the Director-General or a senior 13 police officer may enter the Botany site for the purposes of 14 carrying out (or supervising or assisting in the carrying out) of the 15 emergency works. 16 (2) Notice of intention to enter the Botany site is not required to be 17 given to anyone. 18 (3) Sections 61C­61E of this Act apply to any such entry in the same 19 way as they apply to entry under section 61 of this Act. 20 (4) Section 62A of this Act extends to the exercise in good faith of 21 functions under this Part by the Director-General, the contractors 22 and others, and so applies as if the happening that constitutes the 23 emergency were the happening that caused the damage that 24 requires the carrying out of the emergency works. 25 13 Costs of carrying out the emergency works 26 (1) The costs of carrying out the emergency works under this Part 27 (including any costs incurred before the commencement of this 28 clause) are to be borne by BBB Constructions, and may be 29 recovered in a court of competent jurisdiction. 30 (2) This clause does not affect any proceedings that may be taken by 31 BBB Constructions or anyone else against any person who may 32 be liable for causing the damage required to be rectified by the 33 emergency works (or for causing the liability of BBB 34 Constructions under this clause) or who has agreed to indemnify 35 or insure a person against liability for any such damage or 36 liability. 37 Page 4 [Page Break] Emergency Works) Bill 2008 Amendments Schedule 1 14 Access to plans, drawings or other documents relating to Botany 1 site 2 (1) The Director-General may request BBB Constructions, or a 3 person who has been engaged by BBB Constructions to carry out 4 work on the Botany site, to provide the Director-General with 5 such plans, drawings or other documents relating to the site and 6 the work carried out (or to be carried out) on the site: 7 (a) that are in the possession of BBB Constructions or the 8 person, and 9 (b) that the Director-General requires for the purposes of 10 carrying out the emergency works. 11 (2) A person requested to provide any such document must comply 12 with the request within such time as the Director-General 13 specifies in the request. 14 Maximum penalty: 50 penalty units. 15 Page 5