Declaration of State of Emergency (Jervis Bay Territory) (No. 7) 2020

Overview

The Declaration of State of Emergency (Jervis Bay Territory) (No. 7) 2020 was enacted by NOLA MARINO, the Assistant Minister for Regional Development and Territories, under the Jervis Bay Territory Emergency Management Ordinance 2015. This legislation was introduced to address a pressing emergency that threatened the safety and health of individuals in the Jervis Bay Territory on a significant and widespread scale. The enactment aligns with the authority provided under subsection 15(1) of the Ordinance, aiming to ensure the well-being and security of the territory’s residents. By revoking all previous declarations of a state of emergency, the legislation establishes a new state of emergency for a period of thirty days, underscoring the government's commitment to effectively manage and respond to the current crisis.

Scope and Application

The Declaration of State of Emergency (Jervis Bay Territory) (No. 7) 2020 revokes all previous declarations made under the Jervis Bay Territory Emergency Management Ordinance 2015, and declares a state of emergency in the whole of the Jervis Bay Territory for a period of thirty days. This declaration applies to the Jervis Bay Territory, a small territory on the coast of New South Wales, and is intended to address an emergency situation that is endangering, or threatens to endanger, the safety or health of persons within that territory to a significant and widespread extent. The application of the declaration is confined to the Jervis Bay Territory, with no stated extension to other areas or territories. The declaration provides the Assistant Minister for Regional Development and Territories with the necessary authority to manage and respond to the emergency effectively within the specified geographical boundaries.

Key Provisions

The Jervis Bay Territory Emergency Management Ordinance 2015 (the Ordinance) authorises the declaration of a state of emergency when an emergency endangers or threatens to endanger the safety or health of persons in the Jervis Bay Territory to a significant and widespread extent (section 15(1)). This particular declaration (C2020G00627) revokes all previous emergency declarations under section 15(1) of the Ordinance and establishes a new state of emergency in the whole of the Jervis Bay Territory for a period of 30 days from the date and time the instrument is made. This declaration is designed to provide the necessary legal framework for effective emergency management and response measures. The declaration imposes obligations on various parties and entities within the Jervis Bay Territory. Local authorities, emergency services, and other relevant agencies must comply with the provisions of the Ordinance and any additional regulations or orders issued under the authority of the declared state of emergency. These parties are tasked with coordinating and implementing emergency response measures, ensuring public safety, and managing resources effectively. The declaration also requires these entities to cooperate with one another and with the Assistant Minister for Regional Development and Territories to achieve the objectives of the emergency management plan. Breaches of the provisions of the Jervis Bay Territory Emergency Management Ordinance 2015 or any regulations or orders issued under the authority of the declared state of emergency can result in civil or criminal consequences. The Ordinance provides for a range of offences, including failure to comply with an order, wilful obstruction of emergency services, and providing false information to an authorised officer. The maximum penalties for these offences vary depending on the specific offence and the circumstances of the case. In general, the penalties can include fines, imprisonment, or both. It is essential for all parties and entities governed by the Ordinance to be aware of their obligations and to comply with the requirements to avoid potential legal consequences.