Declaration of State of Emergency (Jervis Bay Territory) (No. 4) 2022

Overview

The Declaration of State of Emergency (Jervis Bay Territory) (No. 4) 2022, enacted under the Jervis Bay Territory Emergency Management Ordinance 2015, addresses the need for immediate action in response to an emergency situation that poses a significant threat to the safety or health of persons in the Jervis Bay Territory. This enactment was made by NOLA MARINO, the Assistant Minister for Regional Development and Territories, pursuant to the authority granted by subsection 15(1) of the Jervis Bay Territory Emergency Management Ordinance 2015. The primary objective of this legislation is to revoke all prior declarations of a state of emergency and to establish a new state of emergency in the whole of the Jervis Bay Territory for a duration of 30 days, starting from the date and time of the enactment. This legislative measure ensures that appropriate emergency management actions can be swiftly implemented to protect public safety and health in the affected region.

Scope and Application

The Declaration of State of Emergency (Jervis Bay Territory) (No. 4) 2022 applies to the entire Jervis Bay Territory, a Commonwealth territory adjacent to the New South Wales coastline. It is made under the authority of the Jervis Bay Territory Emergency Management Ordinance 2015 and is designed to address emergencies that significantly and extensively threaten the safety or health of individuals within the Territory. This legislative instrument revokes all prior declarations of a state of emergency made under the same subsection, thereby establishing a new and comprehensive declaration. The declared state of emergency is effective for a period of 30 days from the date and time of issuance, which was 1:28 am on 11 April 2022. The application of this Act is limited to the Jervis Bay Territory and does not extend to other areas unless explicitly stated through subordinate instruments. The Act does not provide specific details on exclusions, exemptions, or thresholds within its primary text, but such provisions may be outlined in related regulations or ordinances.

Key Provisions

The Declaration of State of Emergency (Jervis Bay Territory) (No. 4) 2022 revokes all previous declarations made under subsection 15(1) of the Jervis Bay Territory Emergency Management Ordinance 2015 and declares a new state of emergency (section 2). This state of emergency is intended to address an emergency situation that endangers or threatens to endanger the safety or health of persons in the Jervis Bay Territory to a significant and widespread extent. The declared state of emergency is effective for a period of 30 days from the date and time of the instrument, which is 11 April 2022 at 1:28 am. Under the Jervis Bay Territory Emergency Management Ordinance 2015, the declaration of a state of emergency activates certain emergency management powers and provisions. These may include measures to protect public health and safety, to manage resources and services, and to coordinate responses among relevant authorities. The declaration allows for the implementation of emergency management plans and the activation of emergency powers as necessary to address the declared emergency. The Jervis Bay Territory Emergency Management Plan 2014, which was made under section 10 of the Ordinance, outlines specific procedures and actions that can be taken during an emergency. The Jervis Bay Territory Emergency Management Ordinance 2015 imposes several obligations on the Jervis Bay Territory Administration and other relevant authorities. These include the duty to monitor and assess the emergency situation, to implement appropriate response measures, and to ensure that resources and services are managed effectively to mitigate the impacts of the emergency. Authorities are also required to communicate effectively with the public and with stakeholders, to coordinate with other jurisdictions and agencies, and to provide necessary support and assistance to affected individuals and communities. Breaching the obligations or failing to comply with the requirements of the Jervis Bay Territory Emergency Management Ordinance 2015 may result in legal consequences. Under section 28 of the Ordinance, a person who contravenes any provision of the Ordinance is liable to a penalty of up to 100 penalty units. Additionally, any person who intentionally or recklessly causes harm to another person or damage to property while acting within the scope of their duties under the Ordinance may face more severe criminal charges and penalties, as determined by the courts. Failure to adhere to emergency management protocols and directives can also result in civil liability for damages caused by such failures.