Declaration of State of Emergency (Jervis Bay Territory) (No.14) 2021

Overview

The Declaration of State of Emergency (Jervis Bay Territory) (No.14) 2021 was enacted to address an emergency situation that poses a significant and widespread threat to the safety or health of persons within the Jervis Bay Territory. This declaration is made under subsection 15(1) of the Jervis Bay Territory Emergency Management Ordinance 2015 by NOLA MARINO, the Assistant Minister for Regional Development and Territories. The policy objective of this legislation is to enable a coordinated and effective response to the emergency, ensuring the protection of residents and visitors in the Jervis Bay Territory. The enactment revokes all previous declarations of a state of emergency under the same subsection of the Ordinance, establishing a new state of emergency that will last for a period of 30 days from the date of the declaration. This legislative action aims to provide the necessary authority and resources to manage the emergency effectively.

Scope and Application

The Declaration of State of Emergency (Jervis Bay Territory) (No.14) 2021 applies to the Jervis Bay Territory, specifically to all persons and entities within its jurisdiction, including local authorities, businesses, and residents. The declaration is made in response to an emergency situation that poses a significant and widespread threat to the safety or health of individuals in the territory, and it is issued under the authority of the Jervis Bay Territory Emergency Management Ordinance 2015. The scope of this declaration extends to the entire Jervis Bay Territory and is effective for a period of 30 days from the date of its issuance. It revokes all previous declarations of a state of emergency made under the same provision of the Ordinance. This legislative instrument extends the application of the state of emergency through the subordinate legislation of the Jervis Bay Territory Emergency Management Ordinance 2015, which includes provisions for emergency management and response.

Key Provisions

The Jervis Bay Territory Emergency Management Ordinance 2015 establishes a framework for managing emergencies within the Jervis Bay Territory. Under this Ordinance, section 15(1) empowers the Assistant Minister for Regional Development and Territories to declare a state of emergency when there is a significant and widespread threat to the safety or health of persons in the Territory. In the Declaration of State of Emergency (Jervis Bay Territory) (No.14) 2021, it is declared that a state of emergency exists for a period of 30 days from the date and time the instrument is made, thereby revoking all previous emergency declarations. The primary obligations imposed by this legislation on the relevant authorities include the requirement to promptly assess and declare a state of emergency when necessary, ensuring that adequate measures are put in place to safeguard public safety and health. The Assistant Minister must ensure that all actions taken under this declaration comply with the provisions of the Jervis Bay Territory Emergency Management Ordinance 2015, including any subsequent legislative amendments. The declaration also necessitates the implementation of emergency protocols, which may include the activation of emergency services, deployment of resources, and communication with the public to mitigate the effects of the emergency. Violations of the provisions within the Jervis Bay Territory Emergency Management Ordinance 2015 can result in both civil and criminal consequences. For instance, failing to comply with the directives issued under a declared state of emergency can lead to fines or imprisonment, as outlined in relevant sections of the Ordinance. The maximum penalties for such offences can vary, typically depending on the severity of the breach and the extent of the harm caused. Authorities are empowered to enforce these provisions through the courts, and penalties may include substantial fines or imprisonment for a specified period, ensuring that the legislation’s intent to protect public safety is upheld. Furthermore, the legislation may also include provisions for compensation or restitution for individuals or entities adversely affected by actions taken under the declared state of emergency. This ensures that while the focus remains on emergency management, the rights and interests of affected parties are also protected. The precise nature and extent of these consequences are detailed within the relevant sections of the Jervis Bay Territory Emergency Management Ordinance 2015, and compliance is strictly enforced to maintain public order and safety.