STATE EMERGENCY AND RESCUE MANAGEMENT ACT 1989 - SECT 20B Responsibility and functions of State Emergency Recovery Controller

STATE EMERGENCY AND RESCUE MANAGEMENT ACT 1989 - SECT 20B

20B Responsibility and functions of State Emergency Recovery Controller

(1) The State Emergency Recovery Controller is, subject to this section, responsible for controlling in accordance with this Act the recovery from an emergency--

(a) that affects more than one region, or

(b) for which the State Emergency Recovery Controller assumes responsibility.

(2) The State Emergency Recovery Controller is not responsible for controlling the recovery from an emergency if there is a single recovery agency primarily responsible under the State Emergency Management Plan for controlling the recovery from the emergency, unless the Controller assumes that responsibility in accordance with subsection (3).

(3) The State Emergency Recovery Controller may assume responsibility for controlling the recovery from an emergency from the recovery agency primarily so responsible under the State Emergency Management Plan if--

(a) the Controller is satisfied that it is necessary to do so in the particular circumstances of the case, and

(b) the recovery agency has requested that the Controller assume, or has agreed to the Controller assuming, that responsibility or, in the case of any disagreement on the matter, the Minister has directed the Controller to do so.

(4) The State Emergency Recovery Controller may, if responsible for controlling the recovery from an emergency--

(a) issue directions to agencies who have functions in connection with recovery from an emergency, and

(b) appoint an officer of an agency to have overall control of particular activities in recovery from an emergency where a number of agencies are involved and those agencies do not agree on the matter.

(4A) To the extent of any inconsistency between a direction given by the State Emergency Recovery Controller in the exercise of functions under this Act, and the NSW Reconstruction Authority or chief executive officer in the exercise of functions under the NSW Reconstruction Authority Act 2022 , the direction given by the State Emergency Recovery Controller under this Act prevails.

(5) The State Emergency Recovery Controller may assist a recovery agency that is primarily responsible for controlling the recovery from an emergency in carrying out that responsibility.

(6) The functions of the State Emergency Recovery Controller may be exercised without the need for a declaration of a state of emergency.