Emergency Management Regulations 2006 (WA)
Western Australia
Emergency Management Act 2005
Western Australia
Emergency Management Act 2005
These regulations are the
In addition to the members referred to in section 13(2)(a), (b), (c) and (d) of the Act, the SEMC is to consist of not more than 7 other members appointed by the Minister.
(1) Subject to regulation 4, a member holds office —
(a) if the member is appointed ex officio and a term of office is not specified in the instrument of his or her appointment, until the Minister terminates the appointment; or
(b) otherwise, for the term, not exceeding 3 years, specified in the instrument of his or her appointment.
(2) A member may from time to time be reappointed.
(3) A member whose term of office expires by the passage of time continues in office until that member is reappointed or the successor of that member comes into office.
(1) The office of a member becomes vacant if —
(a) the member resigns the office by written notice addressed to the Minister; or
[(b) deleted] (c) the Minister terminates the appointment under regulation 3(1)(a) or removes the member from office under subregulation (2).
(2) The Minister may remove a member who holds office for a specified term from office if the Minister is satisfied that the member —
(a) has neglected his or her duty; or
(b) has misbehaved; or
(c) is incompetent; or
(d) is suffering from mental or physical incapacity impairing the performance of his or her functions as a member; or
(e) has been absent, without leave or reasonable excuse, from 3 consecutive meetings of the SEMC of which the member has had notice.
The SEMC may grant leave of absence to a member on any terms and conditions it thinks fit.
If the chairman is unable to act because of illness, absence or other cause, or during any vacancy in that office, the deputy chairman must perform the functions of the chairman.
(1) The Minister may appoint one or more persons to be deputies of a member other than the chairman.
(2) The Minister must ensure that each deputy of a member has expertise or experience that, in the Minister’s opinion, is relevant to the functions of the SEMC.
(3) A deputy of a member may perform the functions of the member when the member is unable to act because of illness, absence or other cause.
(4) If the member who is the deputy chairman is performing the functions of the chairman, a deputy of the member may act in his or her place as a member.
(5) The Minister may terminate the appointment of a person under this regulation at any time.
(6) A deputy of a member, while acting as a member, has all the functions of, and all the protection given to, a member.
No act or omission of a person acting in place of another under regulation 6 or 7 is to be questioned on the ground that the occasion for his or her appointment or acting had not arisen or had ceased.
(1) Subject to subregulation (2), meetings are to be held at the times and places that the SEMC determines.
(2) The chairman may at any time convene a special meeting of the SEMC.
At a meeting of the SEMC a quorum is constituted by at least half of the number of members in office, of whom one is the chairman or deputy chairman appointed under section 13 of the Act.
The SEMC must cause accurate minutes to be kept of the proceedings at its meetings and of each resolution passed by the SEMC.
The presence of a member at a meeting of the SEMC need not be by attendance in person but may be by that person and each other person at the meeting being simultaneously in contact by telephone, or other means of instantaneous communication.
A resolution in writing signed by each member of the SEMC or assented to by each member by letter, facsimile transmission, electronic mail or other written means has effect as if it had been passed at a meeting of the SEMC.
In this Part —
(a) all waters within the limits of the State; and
(b) all coastal waters of the State within the meaning given in the
Coastal Waters (State Powers) Act 1980 (Commonwealth) section 3(1);
(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
(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).
(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).
In addition to the events prescribed in paragraphs (a) to (e) of the definition of
(a) persons lost or in distress on land, requiring significant coordination of search operations;
(b) persons lost or in distress in waters or on a vessel in waters;
(c) radiation escape from nuclear powered warship;
(d) space re‑entry debris;
(e) injury or threat to life of persons trapped by the collapse of a structure or landform;
(f) actual or impending spillage, release or escape of a chemical, biological, radiological or other substance that is capable of causing loss of life, injury to a person or damage to the health of a person, property or the environment;
(g) human epidemic;
(h) the presence of —
(i) an animal or plant pest; or
(ii) an animal or plant disease;
(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;
(j) actual or impending spillage, release or escape of oil or an oily mixture that is capable of causing loss of life, injury to a person or damage to the health of a person, property or the environment;
(k) loss of or interruption to the supply of natural gas, or liquid fuel as defined in the
Liquid Fuel Emergency Act 1984 (Commonwealth) section 3(1), that is capable of causing or resulting in loss of life, prejudice to the safety, or harm to the health, of a person;(l) loss of or interruption to the supply of electricity that is capable of causing or resulting in loss of life, prejudice to the safety, or harm to the health, of a person;
(m) heatwave;
(n) hostile act.
(1) The Commissioner of Police is the hazard management agency for emergency management of the following hazards for the whole of the State —
(a) air crash;
(b) road crash;
(c) persons lost or in distress on land, requiring significant coordination of search operations;
[(d) deleted.] (e) radiation escape from nuclear powered warship;
(f) space re‑entry debris;
(g) a terrorist act as defined in
The Criminal Code section 100.1 set out in the Schedule to theCriminal Code Act 1995 of the Commonwealth;(h) hostile act.
(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.
(1) In this regulation —
(2) The FES Commissioner is the hazard management agency for emergency management of the following hazards for the whole of the State —
(a) injury or threat to life of persons trapped by the collapse of a structure or landform;
(b) cyclone;
(c) earthquake;
(d) flood;
(e) storm;
(f) tsunami;
(g) actual or impending spillage, release or escape of a chemical, radiological or other substance that is capable of causing loss of life, injury to a person or damage to the health of a person, property or the environment;
(h) fire.
(1) In this regulation —
(2) The Agriculture Director General is the hazard management agency for emergency management of the hazard set out in regulation 15(h) for the whole of the State.
(1) In this regulation —
(2) The Public Transport Authority is the hazard management agency of the hazard rail crashes —
(a) for emergency management; and
(b) for that area of the State comprising any parcel of land other than corridor land on which railway infrastructure controlled, operated, maintained or managed by the Authority is situated.
ARC Infrastructure Pty Ltd (ACN 094 721 301) is the hazard management agency of the hazard rail crashes —
(a) for emergency management; and
(b) for that area of the State comprising any parcel of land or corridor land on which railway infrastructure operated, maintained or managed by ARC Infrastructure Pty Ltd is situated.
The chief executive officer of the Health Department is the hazard management agency for emergency management of the following hazards for the whole of the State —
(aa) human epidemic;
(a) actual or impending spillage, release or escape of a biological substance that is capable of causing loss of life, injury to a person or damage to the health of a person, property or the environment;
(b) heatwave.
[(1) deleted.] (2) The chief executive officer of the Transport Department is the hazard management agency of the hazard set out in regulation 15(i) —
(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.
(3) Despite regulation 17(2), the chief executive officer of the Transport Department is the hazard management agency of the hazard set out in regulation 15(j) —
(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.
The Coordinator as defined in the
For the purpose of the definition of
(a) information about the loss suffered by a person, the assistance requested by a person and the assistance provided to or approved for a person;
(b) information about the owner or occupier of real property;
(c) information relating to a person’s finances or insurance.
(1) For the purposes of section 72(2)(a)(ii) of the Act, during an emergency situation or state of emergency, for the purposes of emergency management a hazard management officer or an authorised officer may disclose relevant information to a person or entity engaged by an emergency management agency to provide welfare services (as defined in section 72(1) of the Act).
[(1A) deleted] (2) An agency to which relevant information is disclosed under section 72(2)(a)(i) of the Act must not further disclose that information unless it is reasonably necessary to do so for a purpose related to emergency management.
Penalty for this subregulation: a fine of $1 000.
(3) A person or entity to which relevant information is disclosed under section 72(2)(a)(ii) of the Act must not further disclose that information unless it is reasonably necessary to do so for a purpose related to emergency management.
Penalty for this subregulation: a fine of $1 000.
An agency, person or entity to which relevant information is disclosed under section 72(2)(a) of the Act must ensure that that information is kept in a secure manner so far as it is reasonably practicable to do so.
Penalty: a fine of $1 000.
The Health Department is a combat agency responsible for the emergency management activity of providing health services.
St John Ambulance Australia (Western Australia) Incorporated is a combat agency responsible for the emergency management activity of providing health services.
The Police Force of Western Australia is a combat agency responsible for the emergency management activity of disaster victim identity management.
The Police Service is a combat agency responsible for the emergency management activity of disaster victim identity management.
The Environment Department is a combat agency responsible for the emergency management activity of fire suppression.
The FES Department is a combat agency responsible for the emergency management activity of fire suppression.
A local government is a combat agency responsible for the emergency management activity of fire suppression.
The Communities Department is a support organisation responsible for the support function of providing welfare services.
(1) The offence under section 86(1) of the Act is prescribed as an offence for which an infringement notice may be issued under the
Criminal Procedure Act 2004 Part 2.(2) For the purposes of the
Criminal Procedure Act 2004 section 5(3), the modified penalty for the offence is —(a) if the alleged offender is an individual — $1 000; or
(b) if the alleged offender is a body corporate — $5 000.
(1) The State Emergency Coordinator may, in writing, appoint persons, or classes of persons, to be approved officers for the purposes of the
Criminal Procedure Act 2004 Part 2 in relation to infringement notices issued under that Part for the offence prescribed under regulation 33(1).(2) The State Emergency Coordinator may, in writing, appoint police officers, or classes of police officers, to be authorised officers for the purposes of the
Criminal Procedure Act 2004 Part 2 in relation to infringement notices issued under that Part for the offence prescribed under regulation 33(1).(3) A police officer who is appointed to be an authorised officer may show that the officer is authorised to issue infringement notices for the offence prescribed under regulation 33(1) by showing the officer’s Certificate of Authority (as defined in the
Police Force Regulations 1979 regulation 901A).
For the purposes of the
[r. 35]
To: Address: | Infringement no. | |||||||||
Date of notice | ||||||||||
Modified penalty | ||||||||||
Due date | ||||||||||
Alleged offender: | ||||||||||
Alleged offence: | Failure to comply with a direction | |||||||||
Location: | ||||||||||
Offence date: | Offence time: | Modified penalty: | ||||||||
Issuing officer: | ||||||||||
It is alleged you have committed the above offence. If you do not want to be prosecuted in court for the offence, pay the modified penalty using one of the options shown in Part C below within 28 days after the date of this notice. If you want this matter to be dealt with by prosecution in court, complete and return the election in Part D below within 28 days after the date of this notice. | ||||||||||
If you do not pay the modified penalty within 28 days after the date of this notice, you may be prosecuted or enforcement action may be taken under the | ||||||||||
If paying by post, send this slip with your payment to: [ Cheques and money orders are to be made payable to [ Payment must be made in full within 28 days after the date of this notice. No part-payments will be accepted. | ||||||||||
Infringement no. | ||||||||||
Due date | ||||||||||
Amount due | ||||||||||
I, _____________________ of _____________________ elect to have this matter dealt with by a court. I understand I may receive a summons in due course. | |||
Signature: | Date: | ||
Email: | Phone no: | ||
Once you have completed the details above, return this form within 28 days after the date of this notice, using one of the following options: [ | |||
Withdrawal no. | |||||
Name | |||||
Address | |||||
Infringement no. | |||||
Date of issue | |||||
Date | |||||
Location | |||||
Details of offence | |||||
Name | |||||
Office | |||||
Signature | |||||
Date of withdrawal | |||||
The above infringement notice issued against you for the above alleged offence has been withdrawn. If you have already paid the modified penalty for the alleged offence, you are entitled to a refund. * Your refund is enclosed. | |||||
* If you have paid the modified penalty but a refund is not enclosed, you may claim your refund by signing and dating this notice and posting it to: Approved Officer — | |||||
This is a compilation of the
21 Apr 2006 p. 1582‑4 | 21 Apr 2006 | |
12 Jan 2007 p. 50‑2 | 12 Jan 2007 | |
18 Mar 2008 p. 866‑7 | r. 1 and 2: 18 Mar 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 19 Mar 2008 (see r. 2(b)) | |
29 Apr 2008 p. 1577‑8 | r. 1 and 2: 29 Apr 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 30 Apr 2008 (see r. 2(b)) | |
13 Jan 2009 p. 55‑7 | r. 1 and 2: 13 Jan 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 14 Jan 2009 (see r. 2(b)) | |
19 Feb 2010 p. 661‑2 | r. 1 and 2: 19 Feb 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 20 Feb 2010 (see r. 2(b)) | |
10 Sep 2010 p. 4344‑6 | r. 1 and 2: 10 Sep 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 11 Sep 2010 (see r. 2(b)) | |
3 Dec 2010 p. 6055‑6 | r. 1 and 2: 3 Dec 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 4 Dec 2010 (see r. 2(b)) | |
3 Dec 2010 p. 6056‑7 | r. 1 and 2: 3 Dec 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 4 Dec 2010 (see r. 2(b)) | |
19 Jul 2011 p. 2985‑6 | r. 1 and 2: 19 Jul 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 20 Jul 2011 (see r. 2(b)) | |
13 Mar 2012 p. 1034-5 | r. 1 and 2: 13 Mar 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 14 Mar 2012 (see r. 2(b)) | |
31 Oct 2012 p. 5253‑4 | r. 1 and 2: 31 Oct 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Nov 2012 (see r. 2(b) and | |
29 Jan 2013 p. 329-32 | r. 1 and 2: 29 Jan 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 30 Jan 2013 (see r. 2(b)) | |
15 Oct 2013 p. 4673-4 | r. 1 and 2: 15 Oct 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 16 Oct 2013 (see r. 2(b)) | |
SL 2020/24 27 Mar 2020 | r. 1 and 2: 27 Mar 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 28 Mar 2020 (see r. 2(b)) | |
SL 2020/31 3 Apr 2020 | r. 1 and 2: 3 Apr 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 4 Apr 2020 (see r. 2(b)) | |
SL 2020/165 25 Sep 2020 | r. 1 and 2: 25 Sep 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a)) | |
SL 2022/176 2 Nov 2022 | Pt. 1: 2 Nov 2022 (see r. 2(a)); Pt. 2: 3 Nov 2022 (see r. 2(b) and SL 2022/175 cl. 2) Pt. 3: 3 Nov 2024 (see r. 2(c) and SL 2022/175 cl. 2) | |
SL 2024/294 21 Dec 2024 | r. 1 and 2: 21 Dec 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 31 Mar 2025 (see r. 2(b) and SL 2024/289 cl. 2) | |
Agriculture Director General.................................................................................. 19(1)
Communities Department............................................................................................ 1A
corridor land................................................................................................................... 14
Environment Department............................................................................................ 1A
explosive substance....................................................................................................... 14
FES Commissioner................................................................................................... 17(1)
FES Department............................................................................................................ 1A
firearm............................................................................................................................. 14
Health Department........................................................................................................ 1A
hostile act......................................................................................................... 14, 14A(1)
Public Transport Authority..................................................................................... 20(1)
railway infrastructure.................................................................................................... 14
State waters..................................................................................................................... 14
Transport Department.................................................................................................. 1A
vessel............................................................................................................................... 14
weapon............................................................................................................................. 14
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