Declaration of State of Emergency (Jervis Bay Territory) (No. 2) 2022

Overview

The Declaration of State of Emergency (Jervis Bay Territory) (No. 2) 2022 was enacted to address an emergency situation that significantly and widely endangers the safety or health of individuals in the Jervis Bay Territory. This instrument revokes all prior declarations of a state of emergency made under the Jervis Bay Territory Emergency Management Ordinance 2015. It was introduced by NOLA MARINO, the Assistant Minister for Regional Development and Territories, in accordance with the powers vested in them under subsection 15(1) of the Ordinance. The primary objective of this declaration is to facilitate the effective management of the emergency, ensuring the safety and health of the residents and visitors in the Jervis Bay Territory are protected for the specified period of 30 days.

Scope and Application

The Declaration of State of Emergency (Jervis Bay Territory) (No. 2) 2022 applies to the Jervis Bay Territory, and it is enacted under the Jervis Bay Territory Emergency Management Ordinance 2015. This declaration is made in response to an emergency situation that is endangering, or threatening to endanger, the safety or health of persons in the Jervis Bay Territory to a significant and widespread extent. The legislation revokes all previous declarations of a state of emergency made under the same subsection of the Ordinance and establishes a new state of emergency for a fixed period of 30 days. The scope of the Act includes the authority to implement measures necessary to address the emergency, which may involve various sectors and entities within the Jervis Bay Territory. The jurisdictional reach of this Act is confined to the Jervis Bay Territory, and it does not extend beyond this area. Any exclusions, exemptions, or thresholds are not explicitly mentioned in the text of this declaration. The application and scope of the emergency measures may be further defined or extended through subordinate instruments authorised under the Jervis Bay Territory Emergency Management Ordinance 2015.

Key Provisions

The Declaration of State of Emergency (Jervis Bay Territory) (No. 2) 2022, issued under subsection 15(1) of the Jervis Bay Territory Emergency Management Ordinance 2015, outlines the formal recognition of an emergency situation within the Jervis Bay Territory. This declaration revokes all previous emergency declarations and establishes a new state of emergency (section 1) that is in effect for 30 days, starting from the date and time of issuance, which is 15 February 2022 at 7:43 pm. This legal instrument is issued by NOLA MARINO, the Assistant Minister for Regional Development and Territories, who has determined that the emergency poses a significant and widespread threat to the safety and health of individuals in the territory. The Jervis Bay Territory Emergency Management Ordinance 2015 sets out the obligations and responsibilities of the authorities and entities involved in managing the declared emergency. Under the declared state of emergency, specific provisions of the Ordinance come into effect, enabling the necessary measures to be taken to mitigate the risks and manage the situation effectively. This includes the implementation of emergency protocols, coordination with relevant agencies, and the provision of essential services and support to the affected population (section 1). The Ordinance also empowers the Assistant Minister to issue further directions and regulations as necessary to address the emergency. The Declaration and the associated Ordinance impose several obligations on the parties and entities governed by them. The Assistant Minister, as the authority responsible for issuing the Declaration, must ensure that all actions taken are in compliance with the provisions of the Jervis Bay Territory Emergency Management Ordinance 2015. This includes coordinating with relevant agencies, providing necessary resources, and ensuring the safety and well-being of the affected individuals. Additionally, all individuals and entities within the Jervis Bay Territory must adhere to the directives and regulations issued under the authority of the Declaration, including any restrictions or requirements that may be imposed to manage the emergency. Failure to comply with the provisions of the Declaration or the Jervis Bay Territory Emergency Management Ordinance 2015 may result in civil or criminal consequences. The specific penalties for breaches are outlined in the relevant sections of the Ordinance. While the Declaration itself does not explicitly state the penalties, the Ordinance provides for potential fines and imprisonment for those found guilty of violating its provisions. The maximum penalties may vary depending on the nature and severity of the offence, but they serve as a deterrent against non-compliance and ensure that all parties act in accordance with the legal requirements established to manage the emergency effectively.