Emergency Management Amendment Regulations 2020 (WA)

27 March 2020 GOVERNMENT GAZETTE, WA 805

FIRE AND EMERGENCY SERVICES

FE301

Emergency Management Act 2005

Emergency Management Amendment

Regulations 2020

SL 2020/24

Made by the Governor in Executive Council.

1.   Citation

These regulations are the Emergency Management Amendment

Regulations 2020.

2.   Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2— on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day after that day.

3. Regulations amended

These regulations amend the Emergency Managetnent

Regulations 2006.

4.           Regulation 1A inserted

At the end of Part 1 insert:

1A. Terms used

Communities Department means the department of the

Public Service principally assisting in the administration of the Children and Community

Services Act 2004;

Environment Department means the department of the

Public Service principally assisting in the administration of the Conservation and Land

Management Act 1984;

806 GOVERNMENT GAZETTE, WA 27 March 2020

FES Department means the department of the Public
Service principally assisting in the administration of
the Fire and Emergency Services Act 1998;
Health Department means the department of the
Public Service principally assisting in the
administration of the Public Health Act 2016;
Transport Department means the department of the
Public Service principally assisting in the
administration of the Pollution of Waters by Oil and
Noxious Substances Act 1987.

5.            Regulation 14 amended

(1)	In regulation 14 delete the definition of ship.
(2)	In regulation 14 insert in alphabetical order:

explosive substance has the meaning given in The
Criminal Code section 455;
firearm has the meaning given in the Firearms
Act 1973 section 4;
hostile act has the meaning given in regulation 14A;

State waters means -

(a)	all waters within the limits of the State; and
(b)	meaning given in the Coastal Waters (State

all coastal waters of the State within the section 3(1);

vessel means a craft for use, or that is capable of being
used, in navigation by water, however propelled or
moved, and includes an air-cushion vehicle, a barge, a

lighter, a submersible, a ferry in chains and a

wing-in-ground effect craft;

weapon has the meaning given in the Weapons
Act 1999 section 3.

6.            Regulation 14A inserted

After regulation 14 insert:

14A.	Hostile acts
(1)	For the purposes of this Part, a hostile act is -

(a) an event or situation to which subregulation (2),
(3) or (4) applies; or

27 March 2020 GOVERNMENT GAZETTE, WA 807

(b) an event or situation that is, or is reasonably
suspected to be, any of the following -

(i)     1 or more persons being held hostage;

(ii)     a kidnapping;

(iii)     a siege;

(iv)     the hijacking of a vehicle or aircraft;

or

(c) an event or situation involving the escape of a person from lawful custody that is capable of causing or resulting in loss of life, prejudice to

the safety, or harm to the health, of persons.

(2) This subregulation applies to an event or situation in
which -

(a) an explosive substance or hazardous substance
is used to cause -

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

(ii)     unlawful destruction of, or damage to, property or any part of the environment;

or

(b)	a threat is made that causes a person to have a reasonable suspicion that an explosive substance or hazardous substance is being or will be used as referred to in paragraph (a); or
(c)	it is reasonably suspected that an explosive substance or hazardous substance is being or will be used as referred to in paragraph (a).

(3)	This subregulation applies to an event or situation in
which -

(a)	a person is, or is reasonably suspected to be, in possession of any firearm or weapon; and
(b)	any of the following applies -

(i)     the firearm or weapon is used to cause loss of life, prejudice to the safety, or harm to the health, of persons;

(ii)     a threat is made that causes a person to have a reasonable suspicion that the firearm or weapon is being or will be used as referred to in subparagraph (i);

(iii)     it is reasonably suspected that the firearm or weapon is being or will be used as referred to in subparagraph (i).

808 GOVERNMENT GAZETTE, WA 27 March 2020

(4) This subregulation applies to an event or situation in
which -

(a) a person uses a vehicle or aircraft intentionally
to cause -

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

(ii)     unlawful destruction of, or damage to, property or any part of the environment;

or

(b)	a threat is made that causes a person to have a reasonable suspicion that a vehicle or aircraft is being or will be used as referred to in paragraph (a); or
(c)	it is reasonably suspected that a vehicle or aircraft is being or will be used as referred to in paragraph (a).

7.           Regulation 15 amended

In regulation 15:

(a)	delete paragraph (b) and insert:
(b) persons lost or in distress in waters or on a vessel in waters;
(b)	delete paragraph (i) and insert:
(i) actual or impending event that involves a vessel (including a collision, a stranding or an incident of navigation) if the event is capable of causing or resulting in -

(i)	material damage to the vessel or another vessel; or
(ii)	loss of life, injury to a person or damage to the health of a person, property or the environment; or
(iii)	a hazard to the navigation of other vessels;

(c)

in paragraph (I) delete "person." and insert:
person;

(d)

after paragraph (1) insert:

(m)	heatwave;
(n)	hostile act.

27 March 2020 GOVERNMENT GAZETTE, WA 809

8.            Regulation 16 amended

(1) In regulation 16(1):

(a)	delete paragraph (d);
(b)	in paragraph (g) delete "Commonwealth." and insert: Commonwealth;
(c)	after paragraph (g) insert:
(h) hostile act.

(2)	After regulation 16(1) insert:
(2) The Commissioner of Police is the hazard management agency for emergency management of the hazard set out in regulation 15(b) -

(a)	for emergency management; and
(b)	for the following area or areas -

(i)     State waters;

(ii)     the area of a port as defined in the Shipping and Pilotage Act 1967 section 3;

(iii)     the area described in relation to a port by order made by the Governor under the Port Authorities Act 1999

section 24.

9.            Regulation 17 amended

In regulation 17(1) in the definition of FES Commissioner

delete "department of the Public Service principally assisting in

the administration of the Fire and Emergency Services
Act 1998." and insert:

FES Department.

10.          Regulation 18 deleted

Delete regulation 18.

11.          Regulation 21 amended

In regulation 21:

(a) delete "Brookfield Rail Pty Limited is the" and insert:

ARC Infrastructure Pty Ltd (ACN 094 721 301) is the

810 GOVERNMENT GAZETTE, WA 27 March 2020

(b) in paragraph (b) delete "Brookfield Rail Ply Limited"
and insert:

ARC Infrastructure Ply Ltd

Note: The heading to amended regulation 21 is to read:

Hazard management agency - ARC Infrastructure Pty Ltd

12. Regulation 22 amended
In regulation 22:

(a) delete "State Health Coordinator, Department of Health," and insert:

chief executive officer of the Health Department

(b) before paragraph (a) insert:

(aa) human epidemic;

Note:	The heading to amended regulation 22 is to read:
Hazard management agency - chief executive officer of Health

Department

13.         Regulation 23A amended

(1)	Delete regulation 23A( 1).
(2)	In regulation 23A(2):

(a) delete "Marine Safety, General Manager, Department of Transport" and insert:

chief executive officer of the Transport Department

(b) delete paragraph (b)(i) and insert:

(i)     State waters;

(3) In regulation 23A(3):

(a) delete "Marine Safety, General Manager, Department of
Transport" and insert:

chief executive officer of the Transport Department

27 March 2020 GOVERNMENT GAZETTE, WA 811

(b) delete paragraph (b)(i) and insert:

(i) State waters;

Note: The heading to amended regulation 23A is to read:

Hazard management agency - chief executive officer of

Transport Department

14. Regulation 26 amended
In regulation 26 delete -Department of Health" and insert:

Health Department

Note: The heading to amended regulation 26 is to read:

Combat agency— Health Department

15.    Regulation 30 amended

In regulation 30 delete" Department of Environment and
Conservation" and insert:

Environment Department 

Note: The heading to amended regulation 30 is to read:

Combat agency— Environment Department

16.    Regulation 30A inserted After regulation 30 insert:

30A. Combat agency - FES Department

The FES Department is a combat agency responsible

for the emergency management activity of fire

suppression.

17.    Regulation 32 amended

In regulation 32 delete "Department for Child Protection is a support organisation responsible for the emergency management activity" and insert:

Communities Department is a support organisation responsible for the support function

Note: The heading to amended regulation 32 is to read:

Support organisation - Communities Department

N. HAGLEY, Clerk of the Executive Council.