New South Wales: State Emergency and Rescue Management Act 1989 (NSW)

State Emergency and Rescue Management Act 1989 No 165 An Act relating to the management of State emergencies and rescues. Part 1 Preliminary 1 Name of Act This Act may be cited as the State Emergency and Rescue Management Act 1989. 2 Commencement This Act commences on a day or days to be appointed by proclamation. 3 Definitions (1) In this Act— accredited rescue unit means a rescue unit accredited by the Minister under Division 4 of Part 3. agency means a government agency or a non-government agency. combat agency means the agency identified in the State Emergency Management Plan as the agency primarily responsible for controlling the response to a particular emergency. control means the overall direction of the activities, agencies or individuals concerned. co-ordination means the bringing together of agencies and individuals to ensure effective emergency or rescue management, but does not include the control of agencies and individuals by direction. Department means the Premier's Department. emergency has the meaning given by section 4. emergency operations centre means a centre established under this Act at a State, regional or local level as a centre of communication, and as a centre for the co-ordination of operations and support, during an emergency. emergency services organisation means the following— (a) Ambulance Service of NSW, (b) Fire and Rescue NSW, (c) a fire brigade within the meaning of the Fire and Rescue NSW Act 1989, (d) NSW Police Force, (e) NSW Rural Fire Service, (f) State Emergency Service, (g) Surf Life Saving New South Wales, (h) VRA Rescue NSW Limited, (i) Volunteer Marine Rescue NSW, (j) an agency that manages or controls an accredited rescue unit, (k) a non-government agency that is prescribed by the regulations for the purposes of this definition. functional area means the following categories of services involved in the prevention of, preparation for, responses to or recovery from an emergency— (a) agricultural and animal services, (b) telecommunications services, (b1) energy and utility services, (c) engineering services, (d) environmental services, (e) health services, (e1) education services, (f) public information services, (g) transport services, (h) welfare services, (i) another category of services described as a functional area in the State Emergency Management Plan. government agency means— (a) a Public Service agency, (b) a public authority, being a body (whether incorporated or not) established by or under an Act for a public purpose, other than— (i) the Legislative Council or Legislative Assembly or a committee of either or both of those bodies, or (ii) a court or other judicial tribunal, (c) the NSW Police Force, (d) a local government council or other local authority, or (e) a member or officer of an agency referred to in paragraphs (a)–(d) or any other person in the service of the Crown who has statutory functions, other than— (i) the Governor, the Lieutenant-Governor or the Administrator of the State, (ii) a Minister of the Crown, (iii) a member of the Legislative Council or Legislative Assembly or an officer of that Council or Assembly, or (iv) a judicial officer. Local Emergency Management Committee means a Local Emergency Management Committee constituted under Part 2. local government area means an area within the meaning of the Local Government Act 1993 and includes a combined local government area as referred to in section 27. non-government agency means a voluntary organisation or any other private individual or body, other than a government agency. recovery agency means the agency identified in the State Emergency Management Plan as the agency primarily responsible for controlling the recovery from a particular emergency. region means a region established under section 21. Regional Emergency Management Committee means a Regional Emergency Management Committee constituted under Part 2. rescue means the safe removal of persons or domestic animals from actual or threatened danger of physical harm. Secretary means the Secretary of the Department. State Emergency Management Committee means the State Emergency Management Committee constituted under Part 2. State Emergency Management Plan means the State Emergency Management Plan referred to in section 12. State Emergency Operations Controller—see section 18. State Emergency Recovery Controller—see section 20A. State Emergency Service means the NSW State Emergency Service constituted under the State Emergency Service Act 1989. state of emergency means a state of emergency declared under Division 4 of Part 2 and for the time being in force. State Rescue Board means the State Rescue Board of New South Wales constituted under Part 3. Surf Life Saving New South Wales means Surf Life Saving New South Wales (ACN 138 025 573). Volunteer Marine Rescue NSW means Volunteer Marine Rescue NSW (ABN 98 138 078 092). VRA Rescue NSW Limited means VRA Rescue NSW Limited (ABN 68 767 393 968). (2) In this Act— (a) a reference to a function includes a reference to a power, authority and duty, and (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. 4 Definition of "emergency" (1) In this Act— emergency means an emergency due to an actual or imminent occurrence (such as fire, flood, storm, earthquake, explosion, terrorist act, accident, epidemic or warlike action) which— (a) endangers, or threatens to endanger, the safety or health of persons or animals in the State, or (b) destroys or damages, or threatens to destroy or damage, property in the State, or (c) causes a failure of, or a significant disruption to, an essential service or infrastructure, being an emergency which requires a significant and co-ordinated response. (2) For the purposes of the definition of emergency, property in the State includes any part of the environment of the State. Accordingly, a reference in this Act to— (a) threats or danger to property includes a reference to threats or danger to the environment, and (b) the protection of property includes a reference to the protection of the environment. 5 Stages of emergency For the purposes of this Act— (a) prevention in relation to an emergency includes the identification of hazards, the assessment of threats to life and property and the taking of measures to reduce potential loss to life or property, and (b) preparation in relation to an emergency includes arrangements or plans to deal with an emergency or the effects of an emergency, and (c) response in relation to an emergency includes the process of combating an emergency and of providing immediate relief for persons affected by an emergency, and (d) recovery in relation to an emergency includes the process of returning an affected community to its proper level of functioning after an emergency. 6 Relationship between Part 2 (State emergency management) and Part 3 (State rescue management) (1) Part 3 applies to a rescue operation whether it relates to a single incident or an emergency. (2) However, if a rescue operation relates to an emergency Part 2 prevails. (3) A dispute as to whether a rescue operation relates to a single incident or an emergency may be determined by the Minister or (subject to any determination of the Minister) by the State Emergency Operations Controller. 7 Limitation on operation of Act—industrial disputes and civil disturbances This Act does not authorise the taking of measures directed at— (a) bringing an industrial dispute to an end, or (b) controlling a riot or other civil disturbance (other than a riot or civil disturbance resulting from and occurring during a state of emergency). 8 Operation of Act in relation to civil defence This Act authorises the taking of civil defence measures, not being actual military combat or preparations for military combat. 9 Act binds the Crown This Act binds the Crown, not only in right of New South Wales but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities. Part 2 State emergency management Division 1 Emergency management at State level Subdivision 1 The Minister 10 Minister (1) The Minister is responsible for— (a) ensuring that adequate measures are taken by government agencies to prevent, prepare for, respond to and assist recovery from emergencies, and (b) co-ordinating the activities of government agencies in taking those measures, and (c) approving the State Emergency Management Plan or any alterations to the State Emergency Management Plan. (2) (Repealed) (3) The following are, in the exercise of their functions under this Act, subject to the control and direction of the Minister— (a) the State Emergency Management Committee, (b) the State Emergency Operations Controller, (c) the State Emergency Recovery Controller. (4) The Minister may delegate to the State Emergency Operations Controller, State Emergency Recovery Controller or other person the Minister's functions under this Act, other than— (a) the Minister's functions under this section, and (b) this power of delegation. 11 (Repealed) Subdivision 2 The State Emergency Management Plan 12 State Emergency Management Plan (1) There is to be a State Emergency Management Plan. (2) The object of the State Emergency Management Plan is to ensure the co-ordinated response to emergencies by all agencies having responsibilities and functions in emergencies. (3) The State Emergency Management Plan is to— (a) identify, in relation to each different form of emergency, the combat agency primarily responsible for controlling the response to the emergency, and (b) provide for the co-ordination of the activities of other agencies in support of a combat agency in the event of an emergency, and (c) specify the tasks to be performed by all agencies in the event of an emergency, and (d) specify the responsibilities of the Minister, the State, Regional or Local Emergency Operations Controller and the State Emergency Recovery Controller. (4) As soon as practicable after the Minister approves the State Emergency Management Plan or any alterations to the State Emergency Management Plan, the Secretary must— (a) publish (in such manner as the Secretary determines) a copy of the State Emergency Management Plan or the alterations to the State Emergency Management Plan, and (b) forward a copy of the State Emergency Management Plan or the alterations to the State Emergency Management Plan to each agency to which the State Emergency Management Plan relates. 13 Operation of State Emergency Management Plan (1) The relevant provisions of the State Emergency Management Plan have effect in the event of an emergency. (2) The State Emergency Management Plan has effect in the event of an emergency whether or not a state of emergency has been declared. (3) Agencies are authorised to undertake their responsibilities and functions under the State Emergency Management Plan in the event of an emergency. Government agencies may be required to do so by the Minister. (4) Any question concerning the application or operation of the State Emergency Management Plan may be referred to and determined by the Minister. (5) This section does not authorise or require any act or omission that is inconsistent with this or any other Act. Subdivision 3 The State Emergency Management Committee 14 State Emergency Management Committee (1) There is established by this Act a State Emergency Management Committee. (2) The Committee is to consist of— (a) the State Emergency Operations Controller, and (a1) the State Emergency Recovery Controller, and (a2) the chief executive of the Ambulance Service of NSW, and (a3) the Commissioner of Fire and Rescue NSW, and (a4) the Commissioner of Police, and (a5) the Commissioner of the NSW Rural Fire Service, and (a6) the Commissioner of the State Emergency Service, and (b) representatives of such relevant government and non-government agencies as the Minister may from time to time determine, and (c) such other persons as may be nominated by the Minister from time to time. (2A) One of the members of the Committee is to be appointed by the Minister as the Chairperson of the Committee. (3) The representative of a non-government agency is to be nominated by the Minister and the representative of a government agency is to be nominated by the Minister responsible for the agency. (4) The persons so nominated are to be persons who have authority to plan and commit their agencies' resources in relation to the response and recovery stages of an emergency. (5) Schedule 2 has effect with respect to the members and procedure of the State Emergency Management Committee. 15 Functions of State Emergency Management Committee The State Emergency Management Committee has the following functions— (a1) to advise the Minister on all matters relating to the prevention of, preparation for, response to and recovery from emergencies (including the co-ordination of the activities of government and non-government agencies in connection with those matters), (a) to review, monitor and advise the Minister on the adequacy of the provisions of this Act relating to emergency management, (b) to provide strategic policy advice to the Minister in relation to emergency management, (c) to review, monitor and develop emergency management policy and practice at a State level and to disseminate information in relation to any such policy and practice, (c1) to promote the continuous improvement of emergency management policy and practice at a State level, including through consideration of reviews and inquiries into emergency operations, exercises and training evaluations, (c2) to support emergency services organisations and other organisations to plan for the development and maintenance of the capabilities and service delivery capacity of the emergency management volunteer workforce, (d) to review the State Emergency Management Plan and to recommend alterations to it, (e) to endorse any subplans or supporting plans established under the State Emergency Management Plan, (f) to facilitate strategic State level emergency management capability through inter-agency co-ordination, co-operation and information sharing arrangements, (g) such other functions as are conferred or imposed on the Committee by or under this Act or as are related to this Act and assigned to the Committee from time to time by the Minister. 16 Functional area sub-committees of State Emergency Management Committee (1) The State Emergency Management Committee is required to establish such sub-committees as the Minister directs in connection with functional areas. (2) A sub-committee established for a functional area is to co-ordinate the provision of functional area support for activities carried out to prevent, prepare for, respond to or recover from an emergency. 17 Annual report by State Emergency Management Committee (1) As soon as practicable after 30 June, but on or before 31 December in each year, the Secretary is to provide the Minister with a report approved by the State Emergency Management Committee on the work and activities of the Committee for the 12 months ending on 30 June in that year. (2) The Minister is to lay any such report or cause it to be laid before both Houses of Parliament as soon as practicable after receiving the report. Subdivision 4 The State Emergency Operations Controller 18 State Emergency Operations Controller and Deputy (1) There is to be a State Emergency Operations Controller and a Deputy State Emergency Operations Controller. (2) The office of the State Emergency Operations Controller is to be held by— (a) the Commissioner of Police, or (b) if the Governor, on the recommendation of the Minister, designates a position in the NSW Police Force Senior Executive Service as the position of State Emergency Operations Controller—the person for the time being holding or acting in that position. (3) The office of the Deputy State Emergency Operations Controller is to be held by the person for the time being holding or acting in a position in the NSW Police Force Senior Executive Service that is designated by the Governor, on the recommendation of the Minister, as the position of Deputy State Emergency Operations Controller. (4) The Minister is to consult with the Minister for Police before making a recommendation under subsection (2) or (3). (5) During the absence or a vacancy in the office of the State Emergency Operations Controller, the Deputy State Emergency Operations Controller has all the functions of the State Emergency Operations Controller. 19 Responsibility and functions of State Emergency Operations Controller (1) The State Emergency Operations Controller is, subject to this section, responsible for controlling in accordance with this Act the response to an emergency— (a) that affects more than one region, or (b) for which the State Emergency Operations Controller assumes responsibility. (1A) The State Emergency Operations Controller is not responsible for controlling the response to an emergency if there is a single combat agency primarily responsible under the State Emergency Management Plan for controlling the response to the emergency, unless the Controller assumes that responsibility in accordance with subsection (1B). (1B) The State Emergency Operations Controller may assume responsibility for controlling the response to an emergency from the combat agency primarily so responsible under the State Emergency Management Plan if— (a) the Controller is satisfied that it is necessary to do so in the particular circumstances of the case, and (b) the combat agency has requested that the Controller assume, or has agreed to the Controller assuming, that responsibility or, in the case of any disagreement on the matter, the Minister has directed the Controller to do so. (2) The State Emergency Operations Controller may, if responsible for controlling the response to an emergency— (a) issue directions to agencies who have functions in connection with responses to the emergency, and (b) appoint an officer of an agency to have overall control of particular activities in response to the emergency where a number of agencies are involved and those agencies do not agree on the matter. (2A) The State Emergency Operations Controller may, at the request of the combat agency that is primarily responsible for controlling the response to an emergency, carry out such functions as may be specified by the agency for the purposes of controlling the response to the emergency. (3) The functions of the State Emergency Operations Controller may be exercised without the need for a declaration of a state of emergency, but during a state of emergency the exercise of those functions is subject to Division 4. 20 State emergency operations centre (1) The State Emergency Operations Controller is to establish and control a State emergency operations centre. (2) The State emergency operations centre is to have— (a) communication facilities for independent control and co-ordination of regions, and (b) discrete communication facilities with heads of emergency services organisations and functional areas, and (c) independent communications with the public broadcasting media network, and (d) independent media information facilities. (3) (Repealed) Subdivision 5 The State Emergency Recovery Controller 20A State Emergency Recovery Controller and Deputy (1) There is to be a State Emergency Recovery Controller and a Deputy State Emergency Recovery Controller. (2) The office of the State Emergency Recovery Controller is to be held by— (a) the chief executive officer of the NSW Reconstruction Authority, unless a person is designated under paragraph (b), or (b) either of the following designated by the chief executive officer of the NSW Reconstruction Authority— (i) a senior executive employed in the NSW Reconstruction Authority, (ii) a NSW Police Force senior executive. (3) The office of the Deputy State Emergency Recovery Controller is to be held by an employee of the NSW Reconstruction Authority designated by the chief executive officer of the NSW Reconstruction Authority. (4) If the State Emergency Recovery Controller is unavailable for any reason, the Deputy State Emergency Recovery Controller has, during the period of unavailability, all the functions of the State Emergency Recovery Controller. (5) In this section and section 20B— chief executive officer, of the NSW Reconstruction Authority, has the same meaning as in the NSW Reconstruction Authority Act 2022. NSW Reconstruction Authority has the same meaning as in the NSW Reconstruction Authority Act 2022. 20B Responsibility and functions of State Emergency Recovery Controller (1) The State Emergency Recovery Controller is, subject to this section, responsible for controlling in accordance with this Act the recovery from an emergency— (a) that affects more than one region, or (b) for which the State Emergency Recovery Controller assumes responsibility. (2) The State Emergency Recovery Controller is not responsible for controlling the recovery from an emergency if there is a single recovery agency primarily responsible under the State Emergency Management Plan for controlling the recovery from the emergency, unless the Controller assumes that responsibility in accordance with subsection (3). (3) The State Emergency Recovery Controller may assume responsibility for controlling the recovery from an emergency from the recovery agency primarily so responsible under the State Emergency Management Plan if— (a) the Controller is satisfied that it is necessary to do so in the particular circumstances of the case, and (b) the recovery agency has requested that the Controller assume, or has agreed to the Controller assuming, that responsibility or, in the case of any disagreement on the matter, the Minister has directed the Controller to do so. (4) The State Emergency Recovery Controller may, if responsible for controlling the recovery from an emergency— (a) issue directions to agencies who have functions in connection with recovery from an emergency, and (b) appoint an officer of an agency to have overall control of particular activities in recovery from an emergency where a number of agencies are involved and those agencies do not agree on the matter. (4A) To the extent of any inconsistency between a direction given by the State Emergency Recovery Controller in the exercise of functions under this Act, and the NSW Reconstruction Authority or chief executive officer in the exercise of functions under the NSW Reconstruction Authority Act 2022, the direction given by the State Emergency Recovery Controller under this Act prevails. (5) The State Emergency Recovery Controller may assist a recovery agency that is primarily responsible for controlling the recovery from an emergency in carrying out that responsibility. (6) The functions of the State Emergency Recovery Controller may be exercised without the need for a declaration of a state of emergency. Division 2 Emergency management at region level 21 Establishment of regions (1) For the purposes of this Act, the State is divided into such regions as the Minister may determine by order published in the Gazette. (2) Any such order may describe the boundaries of a region by reference to local government areas, maps or otherwise. 22 Regional Emergency Management Committees (1) There is established by this Act a Regional Emergency Management Committee for each region. (2) Each such Committee is to consist of— (a) the Regional Emergency Operations Controller for the relevant region, who is to be the Chairperson of the Committee, and (b) the Chairperson of the Local Emergency Management Committee for each local government area within the relevant region, and (c) a senior representative of each emergency services organisation operating in the relevant region, and (d) a representative of each organisation that— (i) provides services in a functional area or areas in the relevant region, and (ii) the Minister determines from time to time is to be represented on the Committee. (3) The representative of an emergency services organisation is to be nominated by the organisation. The representative of an organisation providing services in a functional area is to be nominated in accordance with arrangements determined by the Minister. (4) (Repealed) (5) Schedule 2 has effect with respect to the members and procedure of a Regional Emergency Management Committee. 23 Functions of Regional Emergency Management Committees (1) A Regional Emergency Management Committee is responsible for preparing and reviewing plans in relation to the prevention of, preparation for, response to and recovery from emergencies in the region for which it is constituted. (1A) Without limiting subsection (1), any such Committee may— (a) review and monitor emergency management policy and practice across the region, and Note. The State Emergency Management Committee is responsible for reviewing, monitoring and developing emergency management policy and practice at a State level and for disseminating information about that policy and practice, including to Regional and Local Emergency Management Committees. (b) review and prepare plans in respect of the region that are, or are proposed to be, subplans or supporting plans established under the State Emergency Management Plan, and (c) make recommendations about and assist in the co-ordination of training in relation to emergency management across the region, and (d) develop, conduct and evaluate regional emergency management training exercises, and (e) facilitate regional level emergency management capability through inter-agency co-ordination, co-operation and information sharing arrangements, and (f) assist the Regional Emergency Operations Controller for the relevant region in the Controller's role under section 25, and (g) carry out such other functions as are— (i) related to this Act, and (ii) assigned to the Committee (or to Regional Emergency Management Committees generally) from time to time by the State Emergency Management Committee. (2) In the exercise of its functions, any such Committee is responsible to the State Emergency Management Committee. 24 Regional Emergency Operations Controller (1) The Commissioner of Police is to appoint a Regional Emergency Operations Controller for each region who is to be a police officer holding the position of Region Commander. (2) A Regional Emergency Operations Controller may appoint as his or her deputy a person who is— (a) a police officer of or above the rank of Superintendent, and (b) in the opinion of the Regional Emergency Operations Controller, experienced in emergency management. (3) During the absence, or a vacancy in the office, of a Regional Emergency Operations Controller, the Regional Emergency Operations Controller's deputy has all the functions of the Regional Emergency Operations Controller under this Act. 25 Functions of Regional Emergency Operations Controller (1) The Regional Emergency Operations Controller for a region is, subject to this section, responsible for controlling in accordance with this Act the response to an emergency— (a) that affects more than one local government area in the region, or (b) for which the Regional Emergency Operations Controller assumes responsibility. (1A) The Regional Emergency Operations Controller is not responsible for controlling the response to an emergency if there is a single combat agency primarily responsible under the State Emergency Management Plan for controlling the response to the emergency, unless the Controller assumes that responsibility in accordance with subsection (1B). (1B) The Regional Emergency Operations Controller may assume responsibility for controlling the response to an emergency from the combat agency primarily so responsible under the State Emergency Management Plan if— (a) the State Emergency Operations Controller is satisfied that it is necessary to do so in the particular circumstances of the case, and (b) the combat agency has requested or agreed to the Regional Emergency Operations Controller assuming that responsibility. (1C) The Regional Emergency Operations Controller is not responsible for controlling the response to an emergency for which the State Emergency Operations Controller has assumed responsibility. (2) The Regional Emergency Operations Controller may, if responsible for controlling the response to an emergency, issue directions to agencies who have functions in connection with responses to the emergency. (2A) The Regional Emergency Operations Controller may, at the request of the combat agency that is primarily responsible for controlling the response to an emergency, carry out such functions as may be specified by the agency for the purposes of controlling the response to the emergency. (3) The functions of the Regional Emergency Operations Controller may be exercised without the need for a declaration of a state of emergency, but during a state of emergency the exercise of those functions is subject to Division 4. (4) The Regional Emergency Operations Controller is to establish and control a regional emergency operations centre. (5) The Regional Emergency Operations Controller is subject to the direction of the State Emergency Operations Controller. 26 NSW Police Force to provide executive support for Regional Emergency Management Committee and Operations Controller (1) The NSW Police Force is to provide executive support facilities for each Regional Emergency Management Committee and Regional Emergency Operations Controller in the region concerned. (2) (Repealed) Division 3 Emergency management at local level 27 Combination of local government areas If the councils of 2 or more local government areas agree (with the approval of the Minister) to combine their emergency management arrangements under this Part, a reference in this Part— (a) to a local government area is a reference to the combined local government areas concerned, and (b) to the council of that combined local government area is a reference to the principal council nominated in the agreement. 28 Local Emergency Management Committees (1) There is established by this Act a Local Emergency Management Committee for each local government area. (2) Each such Committee is to consist of— (a) the General Manager of the council of the relevant local government area, who is to be the Chairperson of the Committee, and (b) a senior representative of each emergency services organisation operating in the relevant local government area, and (c) a representative of each organisation that— (i) provides services in a functional area or areas in the relevant local government area, and (ii) the council of that area determines from time to time is to be represented on the Committee, and (d) the Local Emergency Operations Controller for the relevant local government area, and (e) a representative of each organisation that the Minister determines, from time to time, is to be represented on the Committee. (3), (4) (Repealed) (5) The representative of an organisation is to be nominated by the organisation. (6) (Repealed) (7) Schedule 2 has effect with respect to the members and procedure of a Local Emergency Management Committee. 29 Functions of Local Emergency Management Committees (1) A Local Emergency Management Committee is responsible for the preparation and review of plans in relation to the prevention of, preparation for, response to and recovery from emergencies in the local government area for which it is constituted. (1A) Without limiting subsection (1), any such Committee may— (a) give effect to and carry out emergency management policy and practice, consistent with information on that policy and practice disseminated by the State Emergency Management Committee, and (b) review and prepare plans in respect of the relevant local government area that are, or are proposed to be, subplans or supporting plans established under the State Emergency Management Plan, and (c) make recommendations about and assist in the co-ordination of training in relation to emergency management in the relevant local government area, and (d) develop, conduct and evaluate local emergency management training exercises, and (e) facilitate local level emergency management capability through inter-agency co-ordination, co-operation and information sharing arrangements, and (f) assist the Local Emergency Operations Controller for the relevant local government area in the Controller's role under section 31, and (g) such other functions as are— (i) related to this Act, and (ii) assigned to the Committee (or to Local Emergency Management Committees generally) from time to time by the relevant Regional Emergency Management Committee or by the State Emergency Management Committee. (2) In the exercise of its functions, any such Committee is responsible to the relevant Regional Emergency Management Committee. 30 Local Emergency Operations Controller (1) The Regional Emergency Operations Controller is to appoint a Local Emergency Operations Controller for each local government area. (2) The person appointed— (a) must be a police officer stationed within the region (established under section 21) in which the local government area is located, or, if that is not reasonably practicable, within a region that is, in the opinion of the Regional Emergency Operations Controller, nearby, and (b) must be a person who, in the opinion of the Regional Emergency Operations Controller, has experience in emergency management. (3) (Repealed) 31 Functions of Local Emergency Operations Controller (1) The Local Emergency Operations Controller for an area is, subject to this section, responsible for controlling in accordance with this Act the response to an emergency that affects only that area. (1A) The Local Emergency Operations Controller is not responsible for controlling the response to an emergency if there is a single combat agency primarily responsible under the State Emergency Management Plan for controlling the response to the emergency, unless the Controller assumes that responsibility in accordance with subsection (1B). (1B) The Local Emergency Operations Controller may assume responsibility for controlling the response to an emergency from the combat agency primarily so responsible under the State Emergency Management Plan if— (a) the State Emergency Operations Controller is satisfied that it is necessary to do so in the particular circumstances of the case, and (b) the combat agency has requested or agreed to the Local Emergency Operations Controller assuming that responsibility. (1C) The Local Emergency Operations Controller is not responsible for controlling the response to an emergency for which the State or Regional Emergency Operations Controller has assumed responsibility. (2) The Local Emergency Operations Controller may, if responsible for controlling the response to an emergency, issue directions to agencies who have functions in connection with responses to the emergency. (2A) The Local Emergency Operations Controller may, at the request of the combat agency that is primarily responsible for controlling the response to an emergency, carry out such functions as may be specified by the agency for the purposes of controlling the response to the emergency. (3) The functions of the Local Emergency Operations Controller may be exercised without the need for a declaration of a state of emergency, but during a state of emergency the exercise of those functions is subject to Division 4. (4) The Local Emergency Operations Controller is to establish and control a local emergency operations centre. (5) The Local Emergency Operations Controller is subject to the direction of the relevant Regional Emergency Operations Controller. 32 Councils to provide executive support for Local Emergency Management Committee and Operations Controller (1) A council is to provide executive support facilities for the Local Emergency Management Committee and the Local Emergency Operations Controller in its area. (2) (Repealed) Division 4 State of emergency 32A Definitions In 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 commander, (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. 34 Publication of declaration (1) 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. (2) The Premier may cause a copy of the relevant order to be published on the internet or any other electronic communications service. 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. 37B Power to enter premises A person may enter any premises for the purposes of complying with a direction under section 37A (1). 37C Notice of entry (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. 37D Care to be taken In the exercise of a function under section 37A, a person authorised to enter premises must do as little damage as possible. 37E Use of force (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, 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 (unless the police officer is in uniform). 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. Part 3 State rescue management Division 1 State Rescue Board 42 State Rescue Board (1) There is established by this Act a State Rescue Board of New South Wales. (2) The Board has the functions conferred or imposed on it by or under this or any other Act. 43 Composition of Board (1) The State Rescue Board is to consist of not less than 8 members, being— (a) the State Emergency Operations Controller, (b) the Commissioner of the State Emergency Service, (c) a member of the NSW Police Force Senior Executive Service nominated by the Commissioner of Police, (d) the Commissioner of Fire and Rescue NSW, (e) the Commissioner of the NSW Rural Fire Service, (f) the chief executive of the Ambulance Service of NSW, (g) the Commissioner of VRA Rescue NSW Limited, (g1) the Commissioner of Volunteer Marine Rescue NSW, (h) the heads of any other volunteer rescue agencies approved for the time being by the Minister. (2) One of the members of the Board is to be appointed as the Chairperson of the Board by the Minister. 44 Provisions relating to members and procedure of Board Schedule 3 has effect. 45 Board subject to Ministerial control The State Rescue Board is, in the exercise of its functions, subject to the control and direction of the Minister. 46 (Repealed) Division 2 Functions of State Rescue Board 47 Principal function of Board The principal function of the State Rescue Board is to ensure the maintenance of efficient and effective rescue services throughout the State. 48 Particular duties of Board (1) The State Rescue Board is required to— (a) develop policies to promote the provision of comprehensive, balanced and co-ordinated rescue services throughout the State, and (b) make recommendations to the Minister on policy matters relating to the provision of rescue services within the State, and (c) review planning for single incident rescues within the State, and (d) (Repealed) (e) review and disseminate to relevant agencies technical information relating to rescue operations, and (f) ensure proper liaison and co-ordination with Federal and other State organisations in connection with rescue services, and (g) provide advice and recommendations on the compatibility of rescue equipment, including communications equipment, and (h) make recommendations to the Minister about the accreditation of rescue units for participation in rescue operations, regardless of whether the rescue units are permanent, volunteer or a combination of permanent and volunteer, and (i) make recommendations to the Minister on levels of Government support to volunteer organisations providing rescue services, and (j) assist in the conduct of training exercises in rescue operations involving the various agencies concerned, and (k) (Repealed) (l) monitor the training standards of the permanent and volunteer services in rescue, and (m) review proposals for amendment of legislation relating to rescue and make recommendations to the Minister, and (n) make reports or recommendations to the Minister on any matter referred to the Board by the Minister. (2) (Repealed) 48A Regional and local rescue committees (1) Rescue committees are to be established for each region and for each local government area. (2) The rescue committee for a region is to be chaired by the Regional Emergency Operations Controller for the region and is to comprise senior representatives of emergency services organisations operating in the region nominated by those organisations. (3) The rescue committee for a local government area is to be chaired by the Local Emergency Operations Controller for the area and is to comprise senior representatives of emergency services organisations operating in the area nominated by those organisations. (4) Rescue committees are to assist the State Rescue Board in the exercise of its functions within the region or local government area concerned. In particular, a rescue committee is to assist the State Rescue Board in determining whether the accreditation of a rescue unit to operate in the region or area should be recommended to the Minister. (5) Rescue committees are subject to the control and direction of the State Rescue Board. (6) The State Rescue Board may approve of a single rescue committee for 2 or more local government areas. In that case, a reference in this section— (a) to a local government area is a reference to the combined local government areas concerned, and (b) to the Local Emergency Operations Controller for the area is a reference to the principal Controller designated in the approval. 49 Board's decisions to be implemented by rescue agencies (1) The agency which manages or controls any accredited rescue unit is required to implement (in accordance with law) the decisions of the State Rescue Board under this Part in connection with rescue operations carried out by that rescue unit. (1A) For subsection (1), if the accredited rescue unit is comprised of persons from one or more emergency services organisations or other agencies, each of the agencies is required to implement, in accordance with law, the decisions of the State Rescue Board under this Part in connection with rescue operations carried out by the rescue unit. (2) Except as provided by subsection (1), nothing in this Part affects the exercise by such an agency of its functions or the exercise of the management functions of the chief executive of the agency. 49A Annual report by Board (1) As soon as practicable after 30 June, but on or before 31 December, in each year, the State Rescue Board is to prepare and forward to the Minister a report on its work and activities for the 12 months ending on 30 June in that year. (2) The Minister is to lay any such report or cause it to be laid before both Houses of Parliament as soon as practicable after receiving the report. Division 3 Co-ordination of rescue operations etc 50 Police to co-ordinate rescue operation (1) The NSW Police Force is responsible for co-ordinating rescue operations and for determining the priorities of action to be taken in rescue operations. (2) (Repealed) (3) This section does not apply to a rescue operation if the control of the rescue operation is vested by law in another agency, such as— (a) a rescue operation in which the person or property is endangered by fire and at which a member of a Fire Brigade is in charge, or (b) a rescue operation which results from an emergency and which is subject to the control of another agency in accordance with Part 2. (4) This section applies despite anything to the contrary in any other Act. 51 Emergency services organisations to notify police of rescue incidents (1) An emergency services organisation other than the NSW Police Force must, immediately after the organisation becomes aware of an incident that requires or is likely to require the rescue of any person, notify a member of the NSW Police Force of all relevant information concerning the incident. (2) This section does not apply— (a) if the organisation is aware that the incident has already been notified to a member of the NSW Police Force, or (b) to Surf Life Saving New South Wales in relation to an incident that only requires, or is likely to only require, surf life-saving. Division 4 Accreditation of rescue units 52 Definitions (1) In this Division— rescue unit means a unit (comprising a group of persons) which carries out rescue operations for the protection of the public or a section of the public. rescue vehicle means a vehicle that is designed, adapted or equipped for use in rescue work and— (a) is clearly marked with the word "Rescue", or (b) is fitted with warning devices, such as flashing lights or a siren, or both. (2) An organisation, such as the Royal Society for the Prevention of Cruelty to Animals, New South Wales or the Wildlife Information, Rescue and Education Service, that specialises in animal welfare or animal rescue operations or both does not constitute a rescue unit for the purposes of this Division. 53 Offence to operate rescue unit or rescue vehicle without accreditation (1) A person who establishes, manages or controls a rescue unit which is not accredited under this Division is guilty of an offence. Maximum penalty—50 penalty units. (1A) It is an offence for a person who is not a member of a rescue unit accredited under this Division to display, drive or operate a rescue vehicle. Maximum penalty—50 penalty units. (1B) It is a defence to any proceeding under subsection (1A) if the person who contravened the subsection had a reasonable excuse or lawful authority for displaying, driving or operating the rescue vehicle. (2) A rescue unit is required to be accredited even though— (a) it is a unit of the NSW Police Force, Fire and Rescue NSW, the Ambulance Service of NSW, the State Emergency Service, the NSW Rural Fire Service or any other government agency, or (b) it is a unit of a volunteer agency, or (b1) it is a unit comprised of persons from one or more emergency services organisations or other agencies, or (c) it carries out, in addition to operations for the rescue of persons, other operations such as the rescue of animals or the recovery of property. (3) A rescue unit is not required to be accredited— (a) if it is a unit only engaged in surf life-saving, or (b) (Repealed) (c) if it is a unit (including a unit of the New South Wales Mines Rescue Brigade) which only carries out rescues at mines under the Coal Industry Act 2001, or (d) in any other circumstances prescribed by the regulations. 54 Accreditation of rescue units by Minister (1) Application may be made to the Minister for the accreditation of a rescue unit. (2) An application for accreditation is required to be lodged with the State Rescue Board. (3) The State Rescue Board is to report to the Minister on the need for the rescue unit concerned, the standard of equipment and training and the effect of accreditation of the unit on the control and co-ordination of rescue services. (4) The Minister may accept or refuse an application for accreditation. (5) The Minister is to have regard to any recommendation made by the State Rescue Board on an application for accreditation, but is not bound by the recommendation. 55 Limitation on accreditation (1) The accreditation of a rescue unit may be limited by the Minister to the carrying out of rescue operations in a particular area or of a particular kind, or otherwise. (2) An accredited rescue unit which carries out rescue operations in contravention of any such limitation is to be taken to be not accredited for the purposes of this Division. 56 Duration of accreditation (1) The Minister may accredit a rescue unit for a specified period or indefinitely. (2) The Minister may at any time cancel the accreditation of a rescue unit. 57 Register of personnel of rescue units (1) The agency which manages or controls an accredited rescue unit is required to maintain a register of the personnel who comprise the unit. (2) That agency is to provide a copy of the register to the State Rescue Board as soon as practicable after the accreditation of the rescue unit and then every 6 months or, if the State Rescue Board specifies different periods, at the periods specified. (3) To avoid doubt, if the accredited rescue unit is comprised of persons from one or more emergency services organisations or other agencies, the agency that manages or controls the unit must include the personnel from other agencies in the register under subsection (1). Division 5 General provisions 58 Arrangements for inter-State co-operation in rescue (1) The State Rescue Board may make arrangements with any agency which manages or controls inter-State rescue units— (a) for those rescue units to carry out rescue operations in New South Wales, or (b) for accredited rescue units under this Division to carry out rescue operations outside New South Wales. (2) An inter-State rescue unit which carries out a rescue operation in New South Wales in accordance with any such arrangement is not required to be accredited under Division 4, but is to be regarded as an accredited rescue unit for the purposes of this Division. (3) In this section— inter-State rescue unit means a rescue unit established and operating in another State or in a Territory of the Commonwealth. 59 Liability for actions of members of rescue units and volunteers (1) Anything done or omitted to be done by an accredited rescue unit or by a person as a member of an accredited rescue unit or authorised volunteer does not, if done or omitted in good faith in connection with a rescue operation or otherwise in response to an emergency, subject the accredited rescue unit, the person or any other person to any action, liability, claim or demand. (2) Anything done or omitted to be done by a casual volunteer does not, if done or omitted in good faith in connection with a rescue operation or otherwise in response to an emergency, subject the volunteer personally to any action, liability, claim or demand. (3) In this section— accredited rescue unit includes—