Victorian Consolidated Legislation

Emergency Management Act 1986 - SECT 36A

Declaration of emergency area

36A. Declaration of emergency area



(1) If the most senior officer of the police in attendance at an emergency,
being an officer of or above the rank of inspector, is of the opinion that
because of the size, nature or location of an emergency it is necessary to
exclude persons from the area of the emergency so as to ensure-

   (a)  public safety; or

   (b)  security of evacuated premises; or

   (c)  the safety of, or prevention of obstruction, hindrance or interference
        to, persons engaging in emergency activity-

that officer of police may on the advice of the agency primarily responsible
for responding to the emergency declare the area to be an emergency area.

(2) The declaration of an emergency area must be in writing and may be varied
or revoked in writing.

(3) A copy of the declaration or a sign in a form authorised by the State
Co-ordinator and containing the words "Declared Emergency Area" must be posted
at points of access to the emergency area that are closed under the
declaration while the declaration is in force.

(4) The declaration of an emergency area must be revoked immediately upon the
circumstances in subsection (1) ceasing to apply.

(5) If the declaration of an emergency area has not been revoked within the
period of 24 hours after it is declared, the declaration is revoked at the end
of the period unless subsection (6) applies.

(6) The State Co-ordinator may if he or she is satisfied that the
circumstances in subsection (1) still apply, extend the declaration of an
emergency area for a further period not exceeding 24 hours.

(7) The State Co-ordinator must publish a notice of the declaration and
revocation of an emergency area in the Government Gazette.