STATE EMERGENCY AND RESCUE MANAGEMENT ACT 1989 - SECT 61
Power to take other safety measures
STATE EMERGENCY AND RESCUE MANAGEMENT ACT 1989 - SECT 61
Power to take other safety measures
61 Power to take other safety measures
(1) A directing officer may, if satisfied that there are reasonable grounds
for doing so for the purpose of protecting persons or animals from injury or
death or protecting property threatened by an actual or imminent emergency,
direct, or authorise a police officer to direct, the doing of any one or more
of the following--
(a) the closure to traffic of any street, road, lane,
thoroughfare or footpath or place open to or used by the public, in the danger
area or any part of the danger area,
(a1) the removal of vehicles in the
danger area or any part of the danger area,
(b) the closure of any other
public or private place in the danger area or any part of the danger area,
(c) the pulling down, destruction or shoring up of any wall or premises that
have been damaged or rendered insecure in the danger area or any part of the
danger area,
(d) the shutting off or disconnecting of the supply of any
water, gas, liquid, solid, grain, powder or other substance in or from any
main, pipeline, container or storage facility in the danger area or any part
of the danger area,
(e) the shutting off or disconnecting of the supply of
gas or electricity to any premises in the danger area or any part of the
danger area,
(f) the taking possession of, and removal or destruction of any
material or thing in the danger area or any part of the danger area that may
be dangerous to life or property or that may interfere with the response of
emergency services to the emergency,
(g) the protection or isolation of any
material or thing in the danger area by preventing a person from removing or
otherwise interfering with the material or thing.
(2) The cost of taking
action under subsection (1) (c) is to be borne by the owner of the wall or
premises and is to be paid to, and may be recovered in a court of competent
jurisdiction by, the Commissioner of Police.
(3) For the purposes of the
exercise of a function under subsection (1) (d), the directing officer or a
police officer may require the person who controls or supplies the substance
concerned to immediately send some competent person to the scene for the
purpose of shutting it off or disconnecting it in accordance with the
reasonable directions of the officer.
(4) A person must comply with a
requirement, or directions, under subsection (3).
: Maximum penalty--50
penalty units.
(5) A person who supplies a substance referred to in
subsection (1) (d) or (e) is not liable for any damages because of any
interruption of that supply under this section if the supply is shut off or
disconnected in accordance with the directions of the directing officer or
police officer.
(6) The regulations may limit the circumstances, and regulate
the manner, in which the powers conferred by this section may be exercised.