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

Overview

The Declaration of State of Emergency (Jervis Bay Territory) (No. 4) was enacted in 2020 to address the urgent need to protect the safety and health of individuals in the Jervis Bay Territory, which is experiencing a significant and widespread threat to its residents. This declaration is made under the Jervis Bay Territory Emergency Management Ordinance 2015, an Act of the Australian Capital Territory Legislation, aiming to provide a legal framework for managing emergencies and ensuring the well-being of the community during critical situations. By revoking all previous declarations and establishing a new state of emergency, the Assistant Minister for Regional Development and Territories, NOLA MARINO, asserts the gravity of the situation and the necessity for immediate, coordinated action to safeguard the territory and its inhabitants.

Scope and Application

The Jervis Bay Territory Emergency Management Ordinance 2015 applies to the Jervis Bay Territory, encompassing all persons, entities, and activities within its geographical boundaries. This legislation provides the authority for the declaration and management of a state of emergency, which can be invoked when an emergency endangers or threatens to endanger the safety or health of persons to a significant and widespread extent within the Territory. The declared state of emergency enables the relevant authorities to implement measures to mitigate the impact of the emergency, ensuring public safety and health. The scope of the declaration is comprehensive, covering all individuals and entities present within the Jervis Bay Territory, including residents, businesses, and visitors, as well as any associated conduct or transactions that occur within the Territory during the period of the emergency. The geographic reach of the ordinance is strictly limited to the Jervis Bay Territory, and it does not extend beyond these boundaries. Any previous declarations of a state of emergency are revoked upon the issuance of a new declaration, ensuring that the most current measures are in place to address the emergency. The declaration remains in effect for a period of 30 days from the date of the instrument, providing a defined timeframe for the emergency response activities.

Key Provisions

The Jervis Bay Territory Emergency Management Ordinance 2015 (the Ordinance) includes key provisions in section 15(1) that empower the Assistant Minister for Regional Development and Territories to declare a state of emergency when an emergency is endangering, or is threatening to endanger, the safety or health of persons in the Jervis Bay Territory to a significant and widespread extent. In this instance, section 15(1) has been invoked to revoke all previous declarations of a state of emergency and to declare 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 this instrument, which is 14 May 2020 at 1:45 pm. The Act imposes certain obligations on the parties and entities it governs, particularly in terms of emergency response and management. This includes the requirement for authorities to take immediate and appropriate action to mitigate the effects of the declared emergency on the safety and health of individuals in the Jervis Bay Territory. The Assistant Minister for Regional Development and Territories has the responsibility to monitor the situation and to extend, modify, or revoke the declaration as necessary. Failure to comply with the provisions of the Ordinance can result in various civil, criminal, and administrative consequences. While the specific penalties are not outlined in this particular declaration, the Ordinance generally provides for sanctions that may include fines, imprisonment, or other penalties as prescribed by law. The severity of these penalties will depend on the nature and extent of the breach. It is important to note that the Jervis Bay Territory Emergency Management Ordinance 2015 should be consulted for a comprehensive understanding of the specific offences, penalties, and consequences associated with non-compliance.