Declaration of State of Emergency (Jervis Bay Territory) (No. 3) 2021

Overview

The Declaration of State of Emergency (Jervis Bay Territory) (No. 3) 2021 is an enactment under the Jervis Bay Territory Emergency Management Ordinance 2015. This legislation was enacted to address a situation where an emergency was endangering, or threatening to endanger, the safety or health of persons in the Jervis Bay Territory to a significant and widespread extent. The enactment was made by NOLA MARINO, the Assistant Minister for Regional Development and Territories, who was satisfied that such an emergency was present. The primary objective of this declaration, as stated, is to revoke all previous declarations of a state of emergency under subsection 15(1) of the Ordinance and to establish a new state of emergency in the whole of the Jervis Bay Territory for a period of 30 days starting from the date and time of the enactment.

Scope and Application

The Declaration of State of Emergency (Jervis Bay Territory) (No. 3) 2021 applies to the Jervis Bay Territory and is governed by the Jervis Bay Territory Emergency Management Ordinance 2015. This legislation applies to all persons, entities, and industries within the Jervis Bay Territory during the declared state of emergency. The declared state of emergency aims to address an emergency situation that endangers or threatens to endanger the safety or health of individuals in the Jervis Bay Territory to a significant and widespread extent. The declaration revokes all previous declarations of a state of emergency made under the Ordinance and establishes a state of emergency that lasts for 30 days, starting from the date and time of the instrument. The application of this Act is limited to the Jervis Bay Territory and does not extend beyond its jurisdictional reach. The legislation may be extended or restricted through subordinate instruments as deemed necessary to address the emergency effectively.

Key Provisions

The Declaration of State of Emergency (Jervis Bay Territory) (No. 3) 2021 revokes all previous declarations made under subsection 15(1) of the Jervis Bay Territory Emergency Management Ordinance 2015 (section 1). It then declares that a state of emergency exists in the whole of the Jervis Bay Territory for a period of 30 days, starting from the date and time the declaration was made (section 2). This legislative instrument is intended to respond to an emergency that endangers, or threatens to endanger, the safety or health of persons in the Jervis Bay Territory to a significant and widespread extent (section 1). Under this legislation, the declaration of a state of emergency imposes specific obligations on the parties and entities governed by the Jervis Bay Territory Emergency Management Ordinance 2015. The declaration activates the emergency management framework, allowing for the implementation of extraordinary measures to protect public safety and health. It mandates that authorities take appropriate actions to mitigate the effects of the emergency, including coordinating relief efforts, controlling access to affected areas, and ensuring the provision of essential services. The declaration also empowers the authorities to make temporary changes to existing laws or regulations to facilitate the emergency response, provided these changes are necessary and proportionate to the emergency situation. Failure to comply with the provisions of the Jervis Bay Territory Emergency Management Ordinance 2015, or the specific measures enacted under the declared state of emergency, can result in both civil and criminal consequences. Offences under the Ordinance may include actions that obstruct the emergency response, fail to comply with evacuation orders, or engage in activities that exacerbate the emergency. The penalties for these offences can be substantial, with maximum fines and imprisonment terms specified in the Ordinance. Civil liabilities may also arise for damages caused by negligent actions during the emergency response. The precise penalties for each offence are detailed within the Ordinance, and they may vary based on the severity and impact of the breach.