State Emergency Legislation Amendment Act 1995 (NSW)
New South Wales
State Emergency Legislation Amendment Act 1995 No 91
Contents
Page
1 Name of Act 2 2 Commencement 2 3 Amendment of State Emergency and Rescue
Management Act 1989 No 165 2 4 Amendment of State Emergency Service Act 1989
No 164 2 Schedules
1 Amendment of State Emergency and Rescue
Management Act 1989 3 2
Amendment of State Emergency Service Act 1989 21
New South Wales
State Emergency Legislation Amendment Act 1995 No 91
Act N o 91 , 1 9 9 5 An Act to amend the State Emergency and Rescue Management Act 1989 to extend the powers that may be exercised in a state of emergency or danger area; to vary provisions concerning the administration and operations of emergency and rescue services; to amend the State Emergency Service Act 1989 to extend the powers that may be exercised in an emergency; and for other purposes. [Assented to 21 December 1995]
| Section 1 | State Emergency Legislation Amendment Act 1995 No 91 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the State Emergency Legislation Amendment Act
1995.
2 Commencement
This Act commences on a day to be appointed by proclamation.
3 Amendment of State Emergency and Rescue Management Act 1989 No 165
The State Emergency and Rescue Management Act 1989 is amended as set out in Schedule l .
Amendment of State Emergency Service Act 1989 No 164
The State Emergency Service Act 1989 is amended as set out in
Schedule 2.State Emergency Legislation Amendment Act 1995 No 91
Amendment of State Emergency and Rescue Management Act 1989 Schedule 1 Schedule 1 Amendment of State Emergency and
Rescue Management Act 1989
(Section 3)
Section 3 Definitions
Insert “domestic” after “or” where firstly occurring in the definition of rescue in section 3 (1).
Section 3 (1)
Omit the definition of State Rescue and Emergency Services Board.
Insert instead:
State Rescue Board means the State Rescue Board of
New South Wales constituted under Part 3.
The whole Act
Omit “State Rescue and Emergency Services Board” wherever
occurring.Insert instead “State Rescue Board”.
Section 10 Minister
Omit section 10 (2). Insert instead:
(2)
In discharging any one or more of those responsibilities, the Minister may, on any occasion that the Minister thinks appropriate, call meetings of, consult with, and have regard to the advice of, the State Disasters Council.
Section 14 State Emergency Management Committee
Omit “ , who is to be the Chairperson of the Committee” from section 14 (2) (a).
State Emergency Legislation Amendment Act 1995 No 91
| Schedule 1 | Amendment of State Emergency and Rescue Management Act 1989 |
[6] Section 14 (2A)
Insert after section 14 (2):
(2A) One of the appointed members is, by the instrument of the member’s appointment as a member or by a subsequent instrument executed by the Minister, to be appointed as the Chairperson of the Committee.
[ 7 ] Section 18 State Emergency Operations Controller
Insert “and a Deputy State Emergency Operations Controller” after
“Controller” in section 18 (1).[8 ] Section 18 (1A) and (1 B)
Insert after section 18 (1):
(1A) The Minister is to consult with the Minister for Police before making a recommendation under subsection ( 1). (1 B) The person appointed as the State Emergency Operations Controller must be the Commissioner of Police or a member of the Police Service Senior Executive Service and the person appointed as the Deputy State Emergency Operations Controller must be a member of the Police Service Senior Executive Service.
[9 ] Section 18 (2) and (3)
Omit the subsections. Insert instead:
(2)
The persons so appointed must be persons who are, in the opinion of the Minister, experienced in emergency management.
(3)
During the absence or a vacancy in the office of the State Emergency Operations Controller, the Deputy State Emergency Operations Controller has all the functions of the State Emergency Operations Controller.
State Emergency Legislation Amendment Act 1995 No 91
Amendment of State Emergency and Rescue Management Act 1989 Schedule 1 [10] Section 18 (4)
Insert “and the Deputy State Emergency Operations Controller” after “State Emergency Operations Controller”.
[11] Section 20 State emergency operations centre
Omit section 20 (3).
[12] Section 24
Omit the section. Insert instead:24 District Emergency Operations Controller
The Commissioner of Police is to appoint a District Emergency Operations Controller for each district who is to be a police officer holding the position of District Commander stationed within that district.
[13] Section 26 Police Service to provide executive support for District Emergency Management Committee and Operations Controller
Omit “State Emergency Service” from section 26 (1).
Insert instead “Police Service”.[14] Section 26 (1)
Omit “in its area”. Insert instead “in the district concerned”.[ 1 5 ] Section 28 Local Emergency Management Committees
Omit section 28 (4).
State Emergency Legislation Amendment Act 1995 No 91
| Schedule 1 | Amendment of State Emergency and Rescue Management Act 1989 |
Section 30
Omit the section. Insert instead:
30 Local Emergency Operations Controller
The Commissioner of Police is to appoint a Local Emergency Operations Controller for a local government area who is to be a police officer stationed within that area.
| Insert before section 33: |
| Section 32A |
| 32A Definitions |
In this Division:
emergency area means the area in which a state of
emergency is declared to exist.
emergency services officer means any of the following:
a police officer,
an officer of New South Wales Fire Brigades of or
above the position of station commander,an officer of the State Emergency Service of or above the position of unit controller, or a divisional executive officer or the Director, Operations of that Service,
a member of a bush fire brigade of or above the
position of deputy captain,
a District Emergency Management Officer.
premises includes land, place, building, vehicle, vessel or aircraft, or any part of premises.
State Emergency Legislation Amendment Act 1995 No 91
Amendment of State Emergency and Rescue Management Act 1989 Schedule 1 [18] Section 37 Power to evacuate or to take other steps concerning persons
Omit section 37 (4).
[19] Sections 37A–37F
Insert after section 37:
37A Power to take other safety measures
(1) The Minister may, if satisfied that there are reasonable grounds for so doing for the purpose of protecting persons from injury or death or protecting property in a state of emergency, direct, or authorise an emergency services officer to direct, the doing of any one or more of the following: the closure to traffic of any street, road, lane, thoroughfare or footpath or place open to or used by the public, in an emergency area or any part of an emergency area,
the closure of any other public or private place in an emergency area or any part of an emergency area,
the pulling down, destruction or shoring up of any wall or premises that have been damaged or rendered insecure in an emergency area or any part of an emergency area,
the shutting off or disconnecting of the supply of any water, gas, liquid, solid, grain, powder or
other substance in or from any main, pipeline, container or storage facility in an emergency area or any part of an emergency area, the shutting off or disconnecting of the supply of gas or electricity to any premises in an emergency area or any part of an emergency area,
State Emergency Legislation Amendment Act 1995 No 91
| Schedule 1 | Amendment of State Emergency and Rescue Management Act 1989 |
(f) the taking possession of, and removal or destruction of any material or thing in an emergency area or any part of an emergency area that may be dangerous to life or property or that may interfere with the response of emergency services to the emergency. The cost of taking action under subsection (1) (c) is to be borne by the owner of the wall or premises and is to be paid to, and may be recovered in a court of competent jurisdiction by, the Minister for reimbursement of the costs of the emergency services organisation of puIling down, destroying or shoring up the wall or premises concerned.
For the purposes of the exercise of a function under subsection (1) (d), the Minister or an emergency services officer may require the person who controls or supplies the substance concerned to immediately send some competent person to the scene for the purpose of shutting it off or disconnecting it in accordance with the reasonable directions of the Minister or emergency services officer.
A person must comply with a requirement, or directions, under subsection (3).
Maximum penalty: 50 penalty units.
A person who supplies a substance referred to in subsection (1) (d) or (e) is not liable for any damages because of any interruption of that supply under this
section if the supply is shut off or disconnected in
accordance with the directions of the Minister or emergency services officer. The regulations may limit the circumstances, and regulate the manner, in which the powers conferred by this section may be exercised.
Power to enter premises A person may enter any premises for the purposes of complying with a direction under section 37A (1).
State Emergency Legislation Amendment Act 1995 No 91
Amendment of State Emergency and Rescue Management Act 1989 Schedule 1 37C Notice of entry
(1) A person authorised to enter premises may enter the
premises without giving notice:
(a)
if entry to the premises is made with the consent of the owner or occupier, or
(b)
if the entry is made to a part of the premises that is open to the public, or
(c)
if entry is required urgently and the case is one in which the Minister or the emergency services officer giving the direction has authorised in writing (either generally or in a particular case) entry without notice.
(2)
In any other case, the person must give the owner or occupier of the premises reasonable written notice of the intention to enter the premises.
37D Care to be taken
In the exercise of a function under section 37A, a person authorised to enter premises must do as little damage as possible.
37E Use of force
(1)
Reasonable force may be used for the purpose of gaining entry to premises to comply with a direction under section 37A but only if the Minister:
(a)
has authorised in writing the use of force in the particular case, or
(b)
has specified in writing the circumstances that are required to exist before force may be used and the particular case falls within those circumstances.
(2)
If a person authorised to enter premises uses force to do so, the person must, as soon as practicable, inform the person who directed him or her to exercise the function under section 37A.
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37F Authority to enter premises
(1)
A power conferred to enter premises, or to take action on premises, may not be exercised unless the person proposing to exercise the power is in possession of an authority and produces the authority if required to do so by the owner or occupier of the premises.
(2) The authority must be a written authority that:
(a) states that it is issued under this Act, and (b)
gives the name of the person to whom it is issued, and
(c)
describes the nature of the powers conferred and the source of the powers, and
(d) states the date (if any) on which it expires, and (e)
describes the kind of premises to which the power extends, and
(f)
bears the signature of the Minister or the emergency services officer who issued the direction under section 37A.
(3)
However, despite subsections (1) and (2), a police officer exercising a power to enter premises, or to take action on premises, must produce his or her warrant card if required to do so by the owner or occupier of the premises in lieu of an authority.
State Emergency Legislation Amendment Act 1995 No 91
Amendment of State Emergency and Rescue Management Act 1989 Schedule 1 [20] Section 43 Composition of Board
Omit “7” from section 43 (1). Insert instead “8”.
[21] Section 43 (1) (a)
Omit “, who is to be the Chairperson of the Board”.[22] Section 43 (1) (b)
Omit “, who is to be the Deputy Chairperson of the Board”.[23] Section 43 (1) (c)
Omit the paragraph. Insert instead:
(c)
a member of the Police Service Senior Executive Service nominated by the Commissioner of Police,
[24] Section 43 (1) (d)
Omit the paragraph. Insert instead:
(d)
the Commissioner of New South Wales Fire Brigades,
[25] Section 43 (1) (e)
Omit the paragraph. Insert instead:
(e) the Commissioner of Bush Fire Services,
[26] Section 43 (1) (g1)
Insert after paragraph (g):
(g1) the Chairperson of the Volunteer Marine Rescue Council of New South Wales,
State Emergency Legislation Amendment Act 1995 No 91
| Schedule 1 | Amendment of State Emergency and Rescue Management Act 1989 |
| [27] | Section 43 (2) Omit the subsection. Insert instead: |
(2) One of the members of the Board is to be appointed as
the Chairperson of the Board by the Minister.
| [28] | Section 52 Definitions Insert after the definition of rescue unit: |
rescue vehicle means a vehicle that is designed, adapted
or equipped for use in rescue work and:
(a) is clearly marked with the word “Rescue”, or (b)
is fitted with warning devices, such as flashing lights or a siren,
or both.
| [29] | Section 52 (2) Insert at the end of the section: |
(2) An organisation, such as the Royal Society for the Prevention of Cruelty to Animals, New South Wales or the Wildlife Information and Rescue Service, that specialises in animal welfare or animal rescue operations or both does not constitute a rescue unit for the purposes of this Division.
[ 3 0 ] Section 53 Offence to operate rescue unit or rescue vehicle without accreditation
Insert after section 53 (l):
(1A)
It is an offence for a person who is not a member of a rescue unit accredited under h i s Division to display, drive or operate a rescue vehicle.
Maximum penalty: 50 penalty units.
(1 B) It is a defence to any proceeding under subsection (1A) if the person who contravened the subsection had a reasonable excuse or lawful authority for displaying, driving or operating the rescue vehicle.
State Emergency Legislation Amendment Act 1995 No 91
Amendment of State Emergency and Rescue Management Act 1989 Schedule 1 [31] Section 60KA
Insert at the beginning of Part 4:60KA Definitions
In this Part:
danger area means the area specified by a senior police officer as the area in which an emergency is causing or threatening to cause injury or death.
emergency or rescue management organisation means
any of the following:
(a) the State Disasters Council, (b) the State Emergency Management Committee, (c) a District Emergency Management Committee, (d) a Local Emergency Management Committee, (e) the State Rescue Board, (f)
a committee or sub-committee of a body referred to in paragraphs (a)–(e).
premises includes land, place, building, vehicle, vessel
or aircraft, or any part of premises.senior police officer means a police officer of or above the rank of sergeant or a police officer of a class prescribed as being within this definition by the regulations.
[32] Section 60L Power of police to evacuate or to take other steps concerning persons
Omit section 60L (5).
[ 3 3 ] Section 61
Omit the section.
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[34] Sections 61–61 E
Insert after section 60L:
61 Power of police to take other safety measures
(l) A senior police officer may, if satisfied that there are reasonable grounds for doing so for the purpose of protecting persons from injury or death or protecting property threatened by an actual or imminent emergency, direct, or authorise another police officer to direct, the doing of any one or more of the following:
(a) the closure to traffic of any street, road, lane, thoroughfare or footpath or place open to or used by the public, in a danger area or any part of a danger area, (b) the closure of any other public or private place in a danger area or any part of a danger area, (c) the pulling down, destruction or shoring up of any wall or premises that have been damaged or rendered insecure in a danger area or any part of a danger area, (d) the shutting off or disconnecting of the supply of any water, gas, liquid, solid, grain, powder or other substance in or from any main, pipeline, container or storage facility in a danger area or any part of a danger area, (e) the shutting off or disconnecting of the supply of gas or electricity to any premises in a danger area or any part of a danger area, (f) the taking possession of, and removal or destruction of any material or thing in a danger area or any part of a danger area that may be dangerous to life or property or that may interfere with the response of emergency services to the emergency. (2) The cost of taking action under subsection (1) (c) is to be borne by the owner of the wall or premises and is to be paid to, and may be recovered in a court of competent jurisdiction by, the Commissioner of Police.
State Emergency Legislation Amendment Act 1995 No 91
Amendment of State Emergency and Rescue Management Act 1989 Schedule 1 For the purposes of the exercise of a function under subsection (1) (d), a senior police officer may require the person who controls or supplies the substance concerned to immediately send some competent person to the scene for the purpose of shutting it off or disconnecting it in accordance with the reasonable directions of the officer.
A person must comply with a requirement, or directions, under subsection (3).
Maximum penalty: 50 penalty units.
A person who supplies a substance referred to in subsection (1) (d) or (e) is not liable for any damages because of any interruption of that supply under this section if the supply is shut off or disconnected in accordance with the directions of the senior police officer.
The regulations may limit the circumstances, and regulate the manner, in which the powers conferred by this section may be exercised.
61A Power to enter premises
A police officer may enter any premises for the purposes of complying with a direction under section 61 (1).
61B Notice of entry
(1) A police officer authorised to enter premises may enter
the premises without giving notice:
(a)
if entry to the premises is made with the consent of the owner or occupier, or
(b)
if the entry is made to a part of the premises that is open to the public, or
(c)
if entry is required urgently and the case is one in which the senior police officer giving the direction has authorised in writing (either generally or in a particular case) entry without notice.
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61C Care to be taken
In the exercise of a function under section 61 a police officer authorised to enter premises must do as little damage as possible.
61D Use of force
Reasonable force may be used for the purpose of gaining entry to premises to comply with a direction under section 61 but only if the senior police officer:
(a) has authorised in writing the use of force in the particular case, or (b) has specified in writing the circumstances that are required to exist before force may be used and the particular case falls within those circumstances. If a police officer authorised to enter premises uses force to do so, the police officer must, as soon as practicable, inform the senior police officer who directed him or her to exercise the function under section 61.
The senior police officer so informed must give notice of the use of force to the Commissioner of Police.
as may be determined by the Minister for Police, but is right of entry the person is to receive such compensation If a person’s property is damaged by the exercise of a not entitled to receive compensation. A person may apply to the Premier for a review of a determination as to compensation made by the Minister for Police under this section.
State Emergency Legislation Amendment Act 1995 No 91
Amendment of State Emergency and Rescue Management Act 1989 Schedule 1 61E Police officer to produce warrant card if required
A power to enter premises, or to take action on premises, may not be exercised unless the police officer proposing to exercise the power produces his or her warrant card if required to do so by the owner or occupier of the premises.
[35] Section 62A
Insert after section 62:62A Certain damage to be covered by insurance
(1) Any damage to property caused by the exercise in good faith of functions under section 37A (1) or 6 1 ( 1 ) by:
(a) the Minister or an emergency services officer authorised by the Minister during a state of emergency, or (b) a senior police officer or another police officer authorised by a senior police officer at an actual or imminent emergency, or (c) a person acting on and in accordance with a direction given by: (i) the Minister or an emergency services officer authorised by the Minister under section 37A (1) during a state of emergency, or
(ii) a senior police officer or another police officer authorised by a senior police officer under section 61 (1) at an actual or imminent emergency,
is taken to be damage by the happening that constitutes the emergency (being fire, flood, storm, tempest, explosion or other risk, contingency or event) for the purposes of any policy of insurance against the risk, contingency or event concerning an act or omission that covers the property.
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[36] Schedule 1 Provisions relating to State Emergency Operations Controller and Deputy State Emergency Operations Controller
Insert “or the Deputy State Operations Controller” at the end of the definition of Controller.
Schedule 3 Provisions relating to members and procedure of State Rescue Board
Omit “4” from clause 4. Insert instead “5”.
[38] Schedule 4 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
State Emergency Legislation Amendment Act 1995
State Emergency Legislation Amendment Act 1995 No 91
Amendment of State Emergency and Rescue Management Act 1989 Schedule 1 [39] Schedule 4, Part 4
Insert after Part 3:
Part 4 Provisions consequent on State Emergency
Legislation Amendment Act 19954 State Emergency Operations Controller to cease to be
Chairperson of State Emergency Management Committee and State Rescue Board
On and from the commencement of this Part, the State
Emergency Operations Controller:
(a)
ceases to hold office as the Chairperson of the State Emergency Management Committee and of the State Rescue Board, and
(b)
is not entitled to any remuneration or compensation because of the loss of those offices.
5 Director-General of SES to cease to be Deputy State
Emergency Operations Controller and Deputy
Chairperson of State Rescue Board
On and from the commencement of this Part, the
Director-General of the State Emergency Service:
(a)
ceases to hold office as Deputy State Emergency Operations Controller and Deputy Chairperson of the State Rescue Board, and
(b)
is not entitled to any remuneration or compensation because of the loss of those offices.
6 Continuation of appointment of State Emergency
Operations Controller
The person who, on the commencement of the amendment made to section 18 (1) by the State Emergency Legislation Amendment Act 1995, is the State Emergency Operations Controller is taken to be appointed under that subsection as so amended.
State Emergency Legislation Amendment Act 1995 No 91
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7 References to State Rescue and Emergency Services
Board
On and from the commencement of this Part, a reference in any Act (other than this Act) or statutory instrument, or any other instrument, or in any other document, to the State Rescue and Emergency Services Board is to be read as a reference to the State Rescue Board.
State Emergency Legislation Amendment Act 1995 No 91
Amendment of State Emergency Service Act 1989 Schedule 2 Schedule 2 Amendment of State Emergency
Service Act 1989
(Section 4)
[ l ] Section 8 Functions of Service Omit “State Rescue and Emergency Services Board” from
section 8 (1) (e).
Insert instead “State Rescue Board”.[2] Section 18A Insert at the beginning of Part 5: 18A Definitions In this Part:
emergency area means the area affected by an
emergency to which this Part applies.
premises includes land, place, building, vehicle, vessel
or aircraft, or any part of premises.
senior emergency officer means any of the following:
(a)
a police officer of or above the rank of sergeant or a police officer for the time being in charge of a police station,
(b)
an officer of New South Wales Fire Brigades of or above the position of station commander,
(c)
an officer of the State Emergency Service of or above the position of unit controller, or a divisional executive officer or the Director, Operations of that Service,
(d)
a member of a bush fire brigade of or above the position of deputy captain,
(e) a District Emergency Management Officer.
[3 ] Section 22 Power to evacuate or to take other steps concerning persons Omit section 22 (4).
State Emergency Legislation Amendment Act 1995 No 91
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[4] Sections 22A–22F
Insert after section 22:
22A Power to take other safety measures
(1)
The Director-General may, if satisfied that there are reasonable grounds for doing so for the purpose of protecting persons from injury or death or protecting property threatened by an actual or imminent emergency, direct, or authorise a senior emergency officer to direct, the doing of any one or more of the following:
(a)
the shutting off or disconnecting of the supply of any water, gas, liquid, solid, grain, powder or other substance in or from any main, pipeline, container or storage facility in an emergency area or any part of an emergency area,
(b)
the shutting off or disconnecting of the supply of gas or electricity to any premises in an emergency area or any part of an emergency area,
(c)
the taking possession of, and removal or destruction of any material or thing in an emergency area or any part of an emergency area that may be dangerous to life or property or that may interfere with the response of emergency services to the emergency.
(2)
For the purposes of the exercise of a function under subsection (1) (a), the Director-General or a senior emergency officer authorised by the Director-General may require the person who controls or supplies the substance concerned to immediately send some competent person to the scene for the purpose of shutting it off or disconnecting it in accordance with the reasonable directions of the Director-General or senior emergency officer.
(3) A person must comply with a requirement, or directions,
under subsection (2).Maximum penalty: 50 penalty units.
State Emergency Legislation Amendment Act 1995 No 91
Amendment of State Emergency Service Act 1989 Schedule 2
(4)
A person who suppIies a substance referred to in subsection ( 1) (a) or (b) is not liable for any damages because of any interruption of that supply under this section if the supply is shut off or disconnected in accordance with the directions of the Director-General or senior emergency officer.
(5)
The regulations may limit the circumstances, and regulate the manner, in which the powers conferred by this section may be exercised.
22B Power to enter premises
A person may enter any premises for the purposes of complying with a direction under section 22A (1).
22C Notice of entry
(1) A person authorised to enter premises may enter the
premises without giving notice:
(a)
if entry to the premises is made with the consent of the owner or occupier, or
(b)
if the entry is made to a part of the premises that is open to the public, or
(c)
if entry is required urgently and the case is one in which the Director-General or senior emergency officer giving the direction has authorised in writing (either generally or in a particular case) entry without notice.
(2)
In any other case, the person must give the owner or occupier of the premises reasonable written notice of the intention to enter the premises.
22D Care to be taken
In the exercise of a function under section 22A, a person authorised to enter premises must do as little damage as possible.
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22E Use of force
(1)
Reasonable force may be used for the purpose of gaining entry to premises to comply with a direction under section 22A but only if the Director-General or the senior emergency officer giving the direction:
(a)
has authorised in writing the use of force in the particular case, or
(b)
has specified in writing the circumstances that are required to exist before force may be used and the particular case falls within those circumstances.
(2)
If a person authorised to enter premises uses force to do so, the person must, as soon as practicable, inform the person who directed him or her to exercise the function under section 22A.
(3)
The person so informed of the use of force must give notice of the use of force to such persons or authorities as appear to the person to be appropriate in the circumstances.
(4)
If a person’s property is damaged by the exercise of a right of entry, the person is to receive such compensation as may be determined by the Minister or, if the damage arose as the result of the exercise of a right of entry by a police officer, the Minister for Police, but is not entitled to receive compensation.
(5)
A person may apply to the Premier for a review of a determination as to compensation made by the Minister or the Minister for Police under this section.
22F Authority to enter premises
(1)
A power to enter premises, or to take action on premises, may not be exercised unless the person proposing to exercise the power is in possession of an authority and produces the authority if required to do so by the owner or occupier of the premises.
State Emergency Legislation Amendment Act 1995 No 91
Amendment of State Emergency Service Act 1989 Schedule 2
(2) The authority must be a written authority that:
(a) states that it is issued under this Act, and (b) gives the name of the person to whom it is issued, and (c) describes the nature of the powers conferred and the source of the powers, and (d) states the date (if any) on which it expires, and (e) describes the kind of premises to which the power extends, and (f) bears the signature of the Director-General or the senior emergency officer who issued the direction under section 22A. (3) However, despite subsections (1) and (2), a police officer exercising a power to enter premises, or to take action on premises, must produce his or her warrant card if required to do so by the owner or occupier of the premises in lieu of an authority.
[5] Section 25A
Insert after section 25:
25A Certain damage to be covered by insurance
(1) Any damage to property caused by the exercise in good
faith of functions under section 22A (1) by:
(a)
the Director-General or a senior emergency officer authorised by the Director-General during an emergency to which Part 5 applies, or
(b)
a person acting on and in accordance with a direction given by the Director-General or a senior emergency officer authorised by the Director-General under section 22A (1) during an emergency to which Part 5 applies,
State Emergency Legislation Amendment Act 1995 No 91
| Schedule 2 | Amendment of State Emergency Service Act 1989 |
is taken to be damage by the happening that constitutes the emergency (being flood, storm, tempest or other risk, contingency or event) for the purposes of any policy of insurance against the risk, contingency or event concerning an act or omission that. covers the property.
This section applies only in respect of damage to property caused in the exercise of a function to protect persons from injury or death or property from damage if those persons are, or the property is, endangered by the happening that constitutes the emergency or endangered by the escape or likely escape of hazardous material as the result of that happening.
Any provision, stipulation, covenant or condition in any agreement that negatives, limits or modifies or purports to negative, limit or modify the operation of this section is void and of no effect.
In this section, hazardous material means anything that, when produced, stored, moved, used or otherwise dealt with without adequate safeguards to prevent it from escaping, may cause injury or death or damage to
property.
[Minister’s second reading speech made in-
Legislative Assembly on 26 October 1995 Legislative Council on 15 December 1995]
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