Declaration of State of Emergency (Jervis Bay Territory)

Overview

The Jervis Bay Territory Emergency Management Ordinance 2015, enacted by the Jervis Bay Territory, was established to address emergencies that could endanger the safety, health, or property of individuals within the Jervis Bay Territory. This legislation empowers the Assistant Minister for Regional Development and Territories to declare a state of emergency in the Territory under specific circumstances. The primary policy objective is to safeguard public welfare and property during significant emergencies. On 19 December 2019, the Assistant Minister for Regional Development and Territories, NOLA MARINO, declared a state of emergency in the Jervis Bay Territory, effective from 19 December 2019 until 26 December 2019, in response to an existing emergency in New South Wales that threatened the safety and property of the Territory.

Scope and Application

The Jervis Bay Territory Emergency Management Ordinance 2015 applies to the Jervis Bay Territory, encompassing its entirety within the specified timeframe of the declared state of emergency. This Act is enacted by the Assistant Minister for Regional Development and Territories, in this instance, NOLA MARINO, under the authority conferred by the relevant subsection of the Ordinance. The declaration of a state of emergency is triggered by the need to address significant and widespread threats to the safety, health, and property within the Jervis Bay Territory, which stem from an existing emergency declared in New South Wales. The jurisdictional reach of this Act is confined to the Jervis Bay Territory, and it remains in effect from the date of declaration, 19 December 2019, to 26 December 2019. The Act’s application may be extended or restricted through subordinate instruments, though the primary focus remains on managing the declared state of emergency to mitigate its impacts on the territory.

Key Provisions

The Jervis Bay Territory Emergency Management Ordinance 2015 outlines several key provisions in the context of a declared state of emergency. Section 15(1) (1) allows for the declaration of a state of emergency in the Jervis Bay Territory when an emergency endangers or threatens to endanger the safety or health of persons or animals, or threatens to destroy or damage property to a significant and widespread extent. The declaration in this instance, under Section 15(2), specifies the period of the emergency from 19 December 2019 to the end of 26 December 2019. The Jervis Bay Territory Emergency Management Ordinance imposes several obligations on the parties and entities it governs. It mandates that during the declared state of emergency, measures must be taken to ensure public safety and mitigate the impact of the emergency on health, property, and the environment. Authorities are required to implement emergency protocols, coordinate response efforts, and ensure that necessary resources are available and deployed effectively. Furthermore, Section 15(3) stipulates that the declaration empowers the Assistant Minister for Regional Development and Territories to issue directions that are necessary and reasonable for managing the emergency, including restrictions on activities that could exacerbate the situation. In terms of legal consequences, the Ordinance provides for enforcement actions against those who breach the provisions or directions issued under the state of emergency. Under Section 23(1), offences related to non-compliance with emergency management directions can lead to substantial penalties. The maximum penalties for individuals may include fines of up to $5,500 or imprisonment for up to one year, or both. For corporations, the fines can be significantly higher, reaching up to $27,500. These penalties are designed to ensure that individuals and entities comply with the emergency measures and contribute to the effective management of the crisis. The Ordinance underscores the seriousness of non-compliance by imposing both criminal and civil liabilities, which can include further fines and damages for any harm caused as a result of the breach.