Northern Territory Consolidated Acts

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DISASTERS ACT - SECT 37

Special powers during state of disaster

    (1)     During a state of disaster, the Territory Controller, the Director, a Regional Controller, a Local Controller, a member of the Police Force or authorized persons may, for the purposes of carrying out counter disaster operations or for the safety of the public generally:

        (a)     require the owner or person in possession of any personal property to surrender it or place it under the control and direction of the person making the requisition;

        (b)     require any person to assist in tasks to save life or property in immediate danger;

        (c)     order the owner or person apparently in charge of any place of business, worship or entertainment to close to the public that place of business, worship or entertainment, as the case may be, for such period as ordered;

        (d)     subject to subsection (2), direct the evacuation and exclusion of any person from any place and, in the exercise of that power, may remove or cause to be removed a person who does not comply with a direction to evacuate, or may remove or cause to be removed a person who enters or is found in a place in respect of which a direction for the exclusion of persons has been given;

        (e)     enter, by reasonable force if necessary, any land or place where he believes, on reasonable grounds, it is necessary to do so:

            (i)     for the saving of human life or the prevention of injury to a person;

            (ii)     for the rescue of an injured or endangered person;

            (iii)     to remove from or secure anything on that land or in that place the presence or unsecured state of which is, in his opinion, a threat to the life or health of a person in the vicinity or the use or continued operation of a road, utility or other facility the use or continued operation of which in or after the state of disaster is, in his opinion, necessary for the alleviation of the disaster or its effects; or

            (iv)     for facilitating the carrying out of other urgent measures with respect to the relief of suffering and distress;

        (f)     if in his opinion it is necessary to do so for the conduct of counter disaster operations, close to traffic any road within the meaning of the Control of Roads Act or close any other place open to, or used by, the public; and

        (g)     remove from any place, a vehicle that is impeding counter disaster operations, and to facilitate its removal may use such force as is reasonably necessary to break into and remove that vehicle.

    (2)     A person shall not be evacuated from, or denied entry to, a local government area within the meaning of the Local Government Act , town, specific area or Aboriginal land within the meaning of the Aboriginal Land Act unless the Administrator has declared that that local government area, town, specific area or Aboriginal land should be evacuated or entry to it should be denied.

    (3)     A person who suffers loss of or damage to his property by reason of the exercise of the powers conferred by subsection (1)(a), (e) or (g) shall be entitled to receive fair and reasonable compensation from the Territory for such loss or damage.

    (4)     For the purposes of this section, "authorized person" means any person authorized to carry out counter disaster functions by the Council, the Territory Controller, the Director, a Regional Controller or a Local Controller.



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