EMERGENCY MANAGEMENT ACT 2005 - SECT 50

EMERGENCY MANAGEMENT ACT 2005 - SECT 50

50 .         State Emergency Coordinator or hazard management agency may make emergency situation declaration

        (1A)         The State Emergency Coordinator may, in writing, declare that an emergency situation exists in an area of the State in respect of any hazard.

        (1)         A hazard management agency may, in writing, declare that an emergency situation exists in an area of the State in respect of a hazard of which it is the hazard management agency for emergency management.

        (2)         The State Emergency Coordinator or the hazard management agency must not make the declaration unless satisfied that —

            (a)         an emergency has occurred, is occurring or is imminent in that area of the State; and

            (b)         there is a need to exercise powers under Part 6 to prevent or minimise —

                  (i)         loss of life, prejudice to the safety, or harm to the health, of persons or animals; or

                  (ii)         destruction of, or damage to, property; or

                  (iii)         destruction of, or damage to, any part of the environment.

        (3)         An emergency situation declaration is to include —

            (a)         the time when, and date on which, the declaration is made; and

            (b)         the area of the State to which it applies.

        (4)         Before making a declaration under this section the State Emergency Coordinator or the hazard management agency is to take reasonable steps to undertake consultation in accordance with State emergency management policies.

        (5A)         If a declaration under this section is made by the State Emergency Coordinator in respect of a hazard, the State Emergency Coordinator must notify the hazard management agency for emergency management of the hazard as soon as practicable after the declaration is made.

        (5)         If a hazard management agency makes a declaration under this section, the hazard management agency must notify the State Emergency Coordinator, and each district emergency coordinator and local emergency coordinator for a local government district to which the emergency situation declaration applies, as soon as practicable after the declaration is made.

        (6A)         If a hazard management agency is notified under subsection (5A) of a declaration under this section made by the State Emergency Coordinator, the hazard management agency —

            (a)         must notify each district emergency coordinator and local emergency coordinator for a local government district to which the emergency situation declaration applies as soon as practicable after the notification is given; and

            (b)         is taken to have made the declaration for the purposes of any provision of this Act other than this section.

        (6)         A failure to consult under subsection (4) or notify under subsection (5A) or (5) does not affect the validity of the declaration.

        (7)         The making of an emergency situation declaration does not prevent the making of further emergency situation declarations in relation to the same or a different emergency.

        [Section 50 amended: No. 22 of 2012 s. 108.]