Division 4In this Division:emergency area means the area in which a state of emergency is declared to exist.
emergency services officer means any of the following:
(a) a police officer,(b) an officer of Fire and Rescue NSW of or above the position of station commander,(c) an officer of the State Emergency Service of or above the position of unit controller,(d) a member of a rural fire brigade of or above the position of deputy captain,(e) a Regional Emergency Management Officer,(f) a member of the Ambulance Service of NSW of or above the rank of station officer.premises includes land, place, building, vehicle, vessel or aircraft, or any part of premises.
33 Declaration of state of emergency
(1) If the Premier is satisfied that an emergency constitutes a significant and widespread danger to life or property in New South Wales, the Premier may, by order in writing, declare that a state of emergency exists in the whole, or in any specified part or parts, of New South Wales in relation to that emergency.(2) The Premier may, by order in writing, revoke a declaration of a state of emergency at any time.
As soon as practicable after making or revoking a declaration of a state of emergency, the Premier must:(a) cause notice of the declaration or revocation to be broadcast by a television or radio station in the State, and(b) cause a copy of the relevant order to be published in the Gazette or on the NSW legislation website.
35 Duration of state of emergency
(1) An order declaring a state of emergency has effect immediately on its being made.(2) Unless it is sooner revoked, the declaration of a state of emergency remains in force for such period (not exceeding 30 days) as is specified in the declaration.(3) The declaration of a state of emergency does not prevent the declaration of further states of emergencies in relation to the same or a different emergency.
36 Power to direct government agencies etc during state of emergency
(1) In a state of emergency, the Minister is responsible for controlling and co-ordinating the activities of such government agencies, and the allocation of such available resources of the Government, as the Minister considers necessary or desirable for responding to the emergency.(2) For that purpose, the Minister may direct any government agency to do or refrain from doing any act, or to exercise or refrain from exercising any function.(3) If a direction is given to a government agency under this section:(a) the government agency must comply with the direction, and(b) the direction prevails over anything to the contrary in any Act or law, except the Essential Services Act 1988.
37 Power to evacuate or to take other steps concerning persons
(1) The Minister may, if satisfied that it is necessary or convenient to do so for the purpose of responding to an emergency, direct, or authorise an emergency services officer to direct, a person to do any or all of the following:(a) to leave any particular premises and to move out of an emergency area or any part of an emergency area,(b) to take any children or adults present in any particular premises who are in the person’s care and to move them outside the emergency area or any part of the emergency area,(c) not to enter the emergency area or any part of the emergency area.(2) If the person does not comply with the direction, an emergency services officer may do all such things as are reasonably necessary to ensure compliance with it, using such force as is reasonably necessary in the circumstances.(3) The regulations may limit the circumstances, and regulate the manner, in which the powers conferred by this section may be exercised.(4) (Repealed)
37A Powers to take other safety measures
(1) The Minister may, if satisfied that there are reasonable grounds for so doing for the purpose of protecting persons or animals from injury or death or protecting property in a state of emergency, direct, or authorise an emergency services officer to direct, the doing of any one or more of the following:(a) the closure to traffic of any street, road, lane, thoroughfare or footpath or place open to or used by the public, in an emergency area or any part of an emergency area,(b) the closure of any other public or private place in an emergency area or any part of an emergency area,(c) the pulling down, destruction or shoring up of any wall or premises that have been damaged or rendered insecure in an emergency area or any part of an emergency area,(d) the shutting off or disconnecting of the supply of any water, gas, liquid, solid, grain, powder or other substance in or from any main, pipeline, container or storage facility in an emergency area or any part of an emergency area,(e) the shutting off or disconnecting of the supply of gas or electricity to any premises in an emergency area or any part of an emergency area,(f) the taking possession of, and removal or destruction of any material or thing in an emergency area or any part of an emergency area that may be dangerous to life or property or that may interfere with the response of emergency services to the emergency.(2) The cost of taking action under subsection (1) (c) is to be borne by the owner of the wall or premises and is to be paid to, and may be recovered in a court of competent jurisdiction by, the Minister for reimbursement of the costs of the emergency services organisation of pulling down, destroying or shoring up the wall or premises concerned.(3) For the purposes of the exercise of a function under subsection (1) (d), the Minister or an emergency services officer may require the person who controls or supplies the substance concerned to immediately send some competent person to the scene for the purpose of shutting it off or disconnecting it in accordance with the reasonable directions of the Minister or emergency services officer.(4) A person must comply with a requirement, or directions, under subsection (3).Maximum penalty: 50 penalty units.
(5) A person who supplies a substance referred to in subsection (1) (d) or (e) is not liable for any damages because of any interruption of that supply under this section if the supply is shut off or disconnected in accordance with the directions of the Minister or emergency services officer.(6) The regulations may limit the circumstances, and regulate the manner, in which the powers conferred by this section may be exercised.
A person may enter any premises for the purposes of complying with a direction under section 37A (1).
(1) A person authorised to enter premises may enter the premises without giving notice:(a) if entry to the premises is made with the consent of the owner or occupier, or(b) if the entry is made to a part of the premises that is open to the public, or(c) if entry is required urgently and the case is one in which the Minister or the emergency services officer giving the direction has authorised in writing (either generally or in a particular case) entry without notice.(2) In any other case, the person must give the owner or occupier of the premises reasonable written notice of the intention to enter the premises.
In the exercise of a function under section 37A, a person authorised to enter premises must do as little damage as possible.
(1) Reasonable force may be used for the purpose of gaining entry to premises to comply with a direction under section 37A but only if the Minister:(a) has authorised in writing the use of force in the particular case, or(b) has specified in writing the circumstances that are required to exist before force may be used and the particular case falls within those circumstances.(2) If a person authorised to enter premises uses force to do so, the person must, as soon as practicable, inform the person who directed him or her to exercise the function under section 37A.(3) The person so informed of the use of force must give notice of the use of force to such persons or authorities as appear to the person to be appropriate in the circumstances.(4) If a person’s property is damaged by the exercise of a right of entry, the person is to receive such compensation as may be determined by the Minister or, if the damage arose as the result of the exercise of a right of entry by a police officer, the Minister for Police, but is not entitled to receive compensation.(5) A person may apply to the Premier for a review of a determination as to compensation made by the Minister or the Minister for Police under this section.
37F Authority to enter premises
(1) A power conferred to enter premises, or to take action on premises, may not be exercised unless the person proposing to exercise the power is in possession of an authority and produces the authority if required to do so by the owner or occupier of the premises.(2) The authority must be a written authority that:(a) states that it is issued under this Act, and(b) gives the name of the person to whom it is issued, and(c) describes the nature of the powers conferred and the source of the powers, and(d) states the date (if any) on which it expires, and(e) describes the kind of premises to which the power extends, and(f) bears the signature of the Minister or the emergency services officer who issued the direction under section 37A.(3) However, despite subsections (1) and (2), a police officer exercising a power to enter premises, or to take action on premises, must produce his or her warrant card if required to do so by the owner or occupier of the premises in lieu of an authority.
38 Power to take possession of property
(1) In a state of emergency, the Minister may, for the purposes of responding to the emergency, take possession and make use of any person’s property.(2) If the property of a person is taken or used under this section that person is to receive such compensation as may be determined by the Minister, but is not entitled to receive compensation.(3) Any such person may apply to the Premier for a review of any determination as to compensation made by the Minister under this section.
39 Limitation on operation of this Division
The functions of the Minister under this Division are only exercisable in relation to:(a) a part of the State in which a state of emergency exists, and(b) an emergency in respect of which a state of emergency exists.
40 Offence to obstruct Minister or emergency personnel
A person must not obstruct or hinder the Minister, or any other person acting with the authority of the Minister, in the exercise of a function under this Division.Maximum penalty: 50 penalty units or imprisonment for 2 years, or both.
41 Exculpation from liability during state of emergency
A person may not bring proceedings against the Crown, a Minister or any body or person acting in the execution of this Division for any damage, loss, death or injury sustained because of anything done or omitted to be done in good faith under this Division during a state of emergency.