Declaration of State of Emergency (Jervis Bay Territory) (No. 7) 2021

Overview

The Declaration of State of Emergency (Jervis Bay Territory) (No. 7) 2021 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. This legislation was issued under the Jervis Bay Territory Emergency Management Ordinance 2015, and the enactment was authorised by NOLA MARINO, the Assistant Minister for Regional Development and Territories. The primary policy objective of this declaration is to provide a legal framework for managing the emergency and ensuring the safety and health of the residents in the Jervis Bay Territory. By revoking all previous declarations and establishing a new state of emergency for a period of 30 days, the legislation aims to enable appropriate measures to be taken to mitigate the impact of the emergency.

Scope and Application

The Declaration of State of Emergency (Jervis Bay Territory) (No. 7) 2021 applies to the Jervis Bay Territory, encompassing all persons and entities within this jurisdiction during the declared period. This legislative instrument is issued under the Jervis Bay Territory Emergency Management Ordinance 2015, empowering the Assistant Minister for Regional Development and Territories to declare a state of emergency when safety or health risks of a significant and widespread nature are present or imminent. The declaration revokes all previous emergency declarations and establishes a state of emergency across the entirety of the Jervis Bay Territory for a fixed duration of 30 days from the date of issuance. The application of this Act is confined to the Jervis Bay Territory, highlighting its specific regional focus. The legislation does not explicitly mention exclusions, exemptions, or thresholds but is intended to facilitate appropriate emergency management measures within the Territory. Any further specifications or extensions of application may be defined through subordinate instruments issued under the authority of the Jervis Bay Territory Emergency Management Ordinance 2015.

Key Provisions

The main operative sections of the Declaration of State of Emergency (Jervis Bay Territory) (No. 7) 2021, which is made under the Jervis Bay Territory Emergency Management Ordinance 2015, include the revocation of all previous declarations of a state of emergency (subsection 15(1)) and the declaration of a new state of emergency in the Jervis Bay Territory (subsection 15(1)). This declaration is made in response to an emergency that is endangering, or is threatening to endanger, the safety or health of persons in the Jervis Bay Territory to a significant and widespread extent. The new declaration specifies that the state of emergency will last for a period of 30 days from the date and time the instrument is made, which in this case is 24 June 2021 at 3:35 pm. The Act imposes several obligations and requirements on the parties and entities it governs within the Jervis Bay Territory. First, all previous declarations of a state of emergency are revoked, effectively nullifying any previous emergency measures that were in place. This ensures that there is a clear and current framework for managing the current emergency. Second, the declaration of a new state of emergency activates specific provisions within the Ordinance that are designed to address the emergency situation. These provisions may include the mobilisation of emergency services, the allocation of additional resources, and the implementation of measures to protect public safety and health. The declaration also likely triggers the authority of the Assistant Minister for Regional Development and Territories to issue further directions and orders as necessary to manage the emergency effectively. Under the Jervis Bay Territory Emergency Management Ordinance 2015, there are specific offences and penalties associated with breaches of the declared state of emergency. Any person who fails to comply with the directions, orders, or measures put in place under the state of emergency may face legal consequences. The exact nature of these consequences, including potential fines and imprisonment, would be detailed in the relevant sections of the Ordinance. It is important to note that the maximum penalties for breaches of emergency management legislation can be significant, reflecting the seriousness of the offences and the need to enforce compliance to protect public safety. The declaration itself serves as a formal notification of the emergency and the measures in place to address it, underscoring the legal obligation of all individuals and entities within the Jervis Bay Territory to adhere to the emergency protocols and directives.