Tasmania: Emergency Management Act 2006 (Tas)

Emergency Management Act 2006 An Act to provide for the protection of life, property and the environment in the event of an emergency, to establish emergency management arrangements, to provide for certain rescue and retrieval operations, to repeal the Emergency Services Act 1976 , to consequentially rescind certain statutory rules, to consequentially amend certain Acts and for related purposes [Royal Assent 20 September 2006] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Emergency Management Act 2006 . 2. Commencement This Act commences on a day to be proclaimed. 3. Interpretation In this Act, unless the contrary intention appears – affiliated organisation means an organisation, other than a statutory service, that is registered as an affiliated organisation under section 28(2)(c) ; arrangements document means a document prepared by the State Committee under section 32(1) ; authorised officer has the meaning given by section 31 ; civil defence measures means the humanitarian measures necessary – (a) to protect the civilian population of the State against the dangers of, and to help it recover from the immediate effects of, enemy attack or hostilities; and (b) to provide the conditions needed for the survival of the civilian population of the State during and following enemy attack or hostilities; combined area means 2 or more municipal areas determined by the Minister to be a combined area under section 19 ; community risk means the likelihood of harmful consequences to the community that may result from the interaction of hazards, the community and the environment; COVID-19 state of emergency means the state of emergency in relation to the disease known as coronavirus disease 2019 (COVID-19); Deputy Municipal Coordinator means the Deputy Municipal Emergency Management Coordinator appointed under section 23 ; Deputy Regional Controller means the Deputy Regional Emergency Management Controller appointed under section 17 ; Deputy State Controller means the Deputy State Emergency Management Controller appointed under section 10 ; Director SES means the Director of the State Emergency Service appointed under section 27 ; emergency means – (a) an event that – (i) endangers, destroys or threatens to endanger or destroy human life, property or the environment, or causes or threatens to cause injury or distress to persons; and (ii) requires a significant response from one or more of the statutory services; or (b) a significant threat of the occurrence of an event of a kind referred to in paragraph (a) in respect of which it is appropriate to take measures – (i) to prevent that possible resulting event; or (ii) to mitigate the risks associated with that threat and that possible resulting event; emergency management means – (a) the planning, organisation, coordination and implementation of measures that are necessary or desirable to prevent, mitigate, respond to, resist, adapt to, overcome and recover from an emergency; or (b) the planning, organisation, coordination and implementation of civil defence measures; or (c) the conduct of, or participation in, research and training for any measures specified in paragraph (a) or (b) ; or (d) the development of policy and procedures relating to any measures or actions specified in paragraph (a) , (b) or (c) ; emergency management plan means the TEMA, a Regional Emergency Management Plan, a Municipal Emergency Management Plan or a Special Emergency Management Plan; emergency management worker means – (a) a member of a statutory service, whether for payment or other consideration or as a volunteer; or (b) an authorised officer; or (c) a person who does or omits to do any act in the assistance of, or under the direction or control of, an authorised officer; or (d) a person prescribed by the regulations to be an emergency management worker; or (e) any other person who, in good faith – (i) participates in emergency management or rescue and retrieval operations; or (ii) performs or exercises, or purportedly performs or exercises, functions or powers under this Act; or (iii) is involved in the administration or execution, or the purported administration or execution, of this Act; emergency power means a power specified in Schedule 1 ; environment includes the following components: (a) land, air and water; (b) organic matter and inorganic matter; (c) living organisms; (d) human-made or modified structures and areas; (e) interacting natural ecosystems that include components referred to in paragraphs (a) , (b) and (c) ; (f) all other components of the earth; evacuation centre means a place, or facility, where people affected by an emergency may be provided, under this Act, with information in relation to hazards associated with the emergency or with temporary shelter from those hazards; executive officer means a person who is responsible for providing administrative and secretariat services; Government agency means – (a) an Agency, within the meaning of the State Service Act 2000 ; or (b) a statutory authority; hazard means a place, structure, source or situation, that may potentially endanger, destroy or threaten to endanger or destroy human life, property or the environment; Head of Agency has the same meaning as in the State Service Act 2000 ; Ministerial Committee means the Ministerial Committee for Emergency Management established under section 6A ; Municipal Chairperson means the person determined under section 21(2) by a council to be the Municipal Chairperson; Municipal Committee means a Municipal Emergency Management Committee established under section 20 ; Municipal Coordinator means a person appointed as a Municipal Emergency Management Coordinator under section 23 ; Municipal Emergency Management Plan means a plan approved by the State Controller for a Municipal Committee area under section 34 , as amended or substituted from time to time with the approval of the State Controller under that section; Municipal Recovery Coordinator means a person appointed as a Municipal Recovery Coordinator under section 24G ; municipal volunteer SES unit means a volunteer unit established under sections 47 and 48 ; occupier, in relation to premises or a vehicle, means the person who is apparently in charge of the premises or vehicle at the relevant time; officer, in relation to a council, means – (a) an elected member of the council; or (b) an employee of the council who complies with any description or conditions, or holds a position or a position of a class, determined by the Minister; owner includes a lessee; premises includes land, any structure and a part of premises; property includes – (a) an animal and any part of an animal, whether alive or dead; and (b) a plant and any part of a plant, whether alive or dead; and (c) any egg, sperm, seed, flower, fruit or other material obtained from an animal or plant, whether alive or dead; recovery, in relation to an area or community affected by an emergency, includes any process undertaken in that area or community that does either or both of the following: (a) returns all, or part of, the social, economic or environmental features or the infrastructure of that area or community to a functional standard; (b) assists the area or community, during and after the emergency, to deal with the impacts of the emergency; recovery centre means a place or facility where people affected by an emergency may be provided with information about, or support to recover from, that emergency; Recovery Taskforce means a Recovery Taskforce established under section 24C ; region means the northern region, the north-western region or the southern region; Regional Committee means a Regional Emergency Management Committee established under section 14 ; Regional Controller means the Regional Emergency Management Controller appointed under section 17 ; Regional Emergency Management Plan means a plan approved by the State Controller for a region under section 33 , as amended or substituted from time to time with the approval of the State Controller under that section; regional SES volunteer unit means a volunteer unit of the State Emergency Service established by the Director SES for the purposes of a region under section 28(2)(a) ; rescue and retrieval operation means – (a) the planning, organisation, coordination and implementation of measures that are necessary or desirable to rescue or retrieve any person, animal, property, human remains or carcass during or after the occurrence of an incident, or other event, that is not an emergency; or (b) the conduct of, or participation in, research and training for the measures specified in paragraph (a) ; resources includes any plant, vehicle, animal, apparatus, implement, earthmoving equipment, construction equipment, other equipment of any kind, persons, agency, authority, organisation or other requirement necessary for emergency management; risk means the likelihood of harmful consequences arising from the interaction of hazards, communities and the environment; Secretary responsible to the Premier means the Secretary of the department responsible for the administration of the State Service Act 2000 ; Special Emergency Management Plan means a plan approved by the approving authority under section 35 , as amended or substituted from time to time; special emergency power means a power specified in Schedule 2 ; State Committee means the State Emergency Management Committee established under section 7 ; State Controller means the State Emergency Management Controller appointed under section 10 ; State Emergency Service means the body continued by section 25 ; state of emergency means a state of emergency declared under section 42 ; State Recovery Advisor means the person holding the office of State Recovery Advisor under section 24A ; State Recovery Coordinator means a State Recovery Coordinator appointed under section 24D ; statutory authority means a body or authority, whether incorporated or not, which is established or constituted by or under an Act or under the royal prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another statutory authority, but does not include a Government department; statutory service means – (a) the SES; or (b) Ambulance Tasmania established under the Ambulance Service Act 1982 ; or (c) the Tasmania Fire Service established under the Fire Service Act 1979 ; or (d) the Police Service established under the Police Service Act 2003 ; or (e) a council; or (f) another body constituted under an Act or a Commonwealth Act, a Government agency or a part of a Government agency – (i) whose role usually includes emergency management; or (ii) which is, or may be, in a particular emergency, required to participate in emergency management; or (g) a prescribed body; TEMA, also known as the Tasmanian Emergency Management Arrangements, means the arrangements document approved by the Minister under section 32(3)(a) , as amended or substituted from time to time with the approval of the Minister under that section; vehicle means – (a) a car, truck, bus or other motor vehicle; or (b) a ship, boat or other vessel; or (c) an aeroplane or other aircraft; or (d) a bicycle; or (e) a trailer or wagon; or (f) any other means of transport, however propelled, other than an animal; wildlife means – (a) any animal or plant living or growing in the wild, including a feral animal; or (b) any carcass, dead remains or part of any wildlife referred to in paragraph (a) ; or (c) any egg, sperm, seed, flower, fruit or material obtained from any wildlife referred to in paragraph (a) or (b) ; or (d) any prescribed thing. 4. Non-application of Act This Act does not authorise the taking of measures amounting to, or making preparations for – (a) actual combat against an enemy; or (b) the putting down of a riot or other civil disturbance; or (c) the bringing to an end of a strike or lock-out. 5. Relationship of this Act with other emergency laws (1) Except as provided in subsection (2) , this Act does not affect – (a) the performance or exercise of a function or power under any other Act that has effect in relation to emergency management; or (b) an obligation to comply with any such Act or a direction, order, requirement or other similar demand made under any such Act. (2) If a provision of this Act is inconsistent with a provision of any other Act which has effect in relation to emergency management, this Act prevails. 6. Act binds Crown This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities. PART 2 - Administration Division 1 - Administration at State level 6A. Ministerial Committee for Emergency Management (1) The Premier is to establish the Ministerial Committee for Emergency Management. (2) The Ministerial Committee consists of – (a) the Premier; and (b) the Deputy Premier; and (c) the Minister assigned the administration of this Act; and (d) the State Controller; and (e) any other Minister, holder of a position or person that the Premier considers appropriate. (3) Unless otherwise determined by the Premier, the Premier is the chairperson of the Ministerial Committee. 6B. Procedure of Ministerial Committee (1) The Premier may specify the terms of reference for the Ministerial Committee for Emergency Management. (2) The chairperson may request or allow a person to attend a meeting of the Ministerial Committee to give advice and opinions in respect of any matter under the Ministerial Committee's consideration, if the chairperson of the Ministerial Committee considers that it would be helpful for the Ministerial Committee to have the advice or opinion of that person in respect of that matter. (3) Schedule 3 has effect in respect of the membership and meetings of the Ministerial Committee. 6C. Functions and powers of Ministerial Committee (1) The Ministerial Committee has the following functions: (a) functions relating to emergency management as determined by the Premier or imposed by this or any other Act; (b) other functions as included in the terms of reference specified for the Ministerial Committee under section 6B(1) . (2) The Ministerial Committee has the following powers: (a) to impose functions relating to emergency management on the State Committee, a State Recovery Coordinator or the State Recovery Advisor; (b) to require the State Controller to provide any necessary information; (c) to establish sub-committees, for the purpose of assisting the Ministerial Committee in the performance and exercise of its functions and powers, made up of members or non-members of the Ministerial Committee as it sees fit; (d) to do all other things necessary or convenient to be done in connection with the performance and exercise of its functions and powers. (3) The functions and powers of the Ministerial Committee may be performed, and exercised, by the Premier if – (a) a state of emergency has been declared; and (b) the Premier is satisfied on reasonable grounds that a function or power of the Ministerial Committee must be performed, or exercised, within a limited period; and (c) a quorum of the Ministerial Committee is unable to be formed within that period. 7. State Emergency Management Committee The State Emergency Management Committee is established. 8. Membership of State Committee (1) The State Committee consists of – (a) the State Controller; and (b) each person holding a position or office determined by the State Controller; and (c) any other persons the State Controller considers appropriate. (2) A member of the State Committee referred to in subsection (1)(c) is appointed by the State Controller for the period specified in the instrument of appointment. (3) In determining a position or office under subsection (1)(b) or appointing a person under subsection (2) , the State Controller is to comply with any directions given by the Minister. (4) The State Controller is the chairperson of the State Committee. (5) The State Controller is to appoint a member of the State Committee as the executive officer of the State Committee for a period specified in the instrument of appointment. (6) The functions of the executive officer of the State Committee are to be – (a) determined by the State Controller; and (b) included in the instrument of appointment. (7) If the State Controller considers that it would be helpful for the Committee to have the advice of any person in respect of any matter under the Committee's consideration, he or she may invite, allow or require that person to attend a meeting of the Committee to give advice and opinions on that matter. (8) Schedule 3 has effect with respect to the membership and meetings of the State Committee. 9. Functions and powers of State Committee (1) The State Committee has the following functions: (a) to institute and coordinate, and to support the institution and coordination of, emergency management, including the preparation and review of the TEMA and Special Emergency Management Plans that relate to emergency management for the State; (b) to determine and review emergency management policy; (c) to review the management of emergencies that involve more than one region, and other emergencies as the State Committee considers appropriate, and to identify and promote opportunities for improvement in emergency management; (d) at the direction of the State Controller, to assist him or her in the performance and exercise of his or her functions and powers; (e) other emergency management functions imposed by the Minister; (f) other functions imposed by this or any other Act; (g) prescribed functions. (2) The State Committee has the following powers: (a) to impose functions on a Regional Committee from time to time; (b) to establish subcommittees for the purpose of assisting it in the performance and exercise of its functions and powers; (c) to do all other things necessary or convenient to be done in connection with the performance of its functions. 10. State Emergency Management Controller and Deputy (1) The Minister may appoint a person to be the State Emergency Management Controller but, if no such appointment is in effect, the Commissioner of Police is the State Emergency Management Controller. (2) The Minister may appoint a person to be the Deputy State Emergency Management Controller but, if no such appointment is in effect, the Deputy Commissioner of Police is the Deputy State Emergency Management Controller. (3) The State Controller and Deputy State Controller may hold that office in conjunction with any other appointment, position or office. (4) The State Controller and Deputy State Controller appointed by the Minister each holds office for the period, and on the terms and conditions, specified in his or her instrument of appointment. (5) The Deputy State Controller may act in the office of State Emergency Management Controller if – (a) the State Controller is absent from Tasmania or from duty as State Controller; or (b) the State Controller is otherwise unable to perform the functions of the office of State Emergency Management Controller; or (c) the State Controller has died, resigned or been removed from office and a new State Controller has not been appointed. (6) While the Deputy State Controller is acting in the office of State Emergency Management Controller he or she – (a) is taken to be the State Controller; and (b) is the chairperson of the State Committee. (7) In this section – Deputy Commissioner of Police means the Deputy Commissioner of Police appointed under section 9 of the Police Service Act 2003 . 11. Functions and powers of State Controller (1) The State Controller has the following functions: (a) to assist and advise the Minister in relation to all matters with respect to emergency management; (b) prior to, during or subsequent to the occurrence of an emergency, to – (i) direct the use of resources for emergency management as he or she considers appropriate; and (ii) ensure that his or her instructions and decisions and the instructions and decisions of the Premier, the Minister, a committee established under section 12 and the State Committee are transmitted to, and adequately carried out by, the bodies and other persons to whom they are directed or relate; (c) if the State Controller considers that resources of the Commonwealth or of another State or a Territory are necessary for emergency management, to request those resources; (d) other functions in respect of emergency management imposed by the Minister; (e) other functions imposed by this or any other Act; (f) prescribed functions. (2) The State Controller has the following powers: (a) to impose functions on a Regional Committee or Regional Controller; (b) to do all other things necessary or convenient to be done in connection with the performance of his or her functions. 12. . . . . . . . . Division 2 - Administration at regional level 13. Regions For the purposes of the administration of this Act, the State is divided into the northern region, the north-western region and the southern region. 14. Regional Emergency Management Committees A Regional Emergency Management Committee is established in respect of each region. 15. Membership of Regional Committees (1) A Regional Committee for a region consists of – (a) the Regional Controller for that region; and (b) each person holding a position or office determined by the Regional Controller; and (c) any other persons the Regional Controller considers appropriate. (2) A member referred to in subsection (1)(c) is appointed by the Regional Controller for the period specified in the instrument of appointment. (3) In determining a position or office under subsection (1)(b) or appointing a person under subsection (2) , the Regional Controller is to comply with any directions given by the State Controller. (4) The Regional Controller for a region is the chairperson of the Regional Committee for that region. (5) The State Controller, after consulting with the Regional Controller for the region, is to appoint a member of the Regional Committee for that region as the executive officer of that Regional Committee for a period specified in the instrument of appointment. (6) The functions of the executive officer of a Regional Committee are to be – (a) determined by the State Controller after consultation with the Regional Controller for the relevant region; and (b) included in the instrument of appointment. (7) If the Regional Controller considers that it would be helpful for the Regional Committee to have the advice of any person in respect of any matter under the Committee's consideration, the chairperson may invite, allow or require that person to attend a meeting of the Committee to give advice and opinions on that matter. (8) Schedule 3 has effect with respect to the membership and meetings of each Regional Committee. 16. Functions and powers of Regional Committees (1) Each Regional Committee has the following functions: (a) to institute and coordinate, and to support the institution and coordination of, emergency management in the region, including the preparation and review of the Regional Emergency Management Plan and Special Emergency Management Plans that relate to emergency management in the region; (b) to determine and review emergency management policy for the region; (c) to review the management of emergencies that have occurred in the region and identify and promote opportunities for improvement in emergency management; (d) to report to the State Controller on any regional matters that relate to the functions or powers of the State Controller or State Committee; (e) at the direction of the Regional Controller, to assist him or her in the performance and exercise of his or her functions and powers; (f) other functions imposed from time to time by the State Committee or the State Controller; (g) other functions imposed by this or any other Act; (h) prescribed functions. (2) A Regional Committee has the power to – (a) impose functions on a Municipal Committee in the region from time to time; and (ab) establish subcommittees for the purpose of assisting it in the performance and exercise of its functions and powers; and (b) do all other things necessary or convenient to be done in connection with the performance of its functions. 17. Regional Emergency Management Controllers and Deputies (1) The Minister may appoint, in respect of each region, a person to be the Regional Emergency Management Controller for that region but, if no such appointment is in effect, a commander in the Police Service determined by the Commissioner of Police, and approved by the State Controller, is the Regional Emergency Management Controller for that region. (2) The Minister may appoint, in respect of each region, a person to be the Deputy Regional Emergency Management Controller for that region but, if there is no such appointment in effect, a police officer determined by the Commissioner of Police, and approved by the State Controller, is the Deputy Regional Emergency Management Controller for that region. (3) Each Regional Controller and Deputy Regional Controller may hold that office in conjunction with any other appointment, position or office. (4) Each Regional Controller and Deputy Regional Controller appointed by the State Controller holds office for the period, and on the terms and conditions, specified in his or her instrument of appointment. (5) A Deputy Regional Controller for a region may act in the office of Regional Emergency Management Controller for that region if – (a) the Regional Controller is absent from Tasmania or from duty as Regional Controller; or (b) the Regional Controller is otherwise unable to perform the functions of the office of Regional Emergency Management Controller; or (c) the Regional Controller has died, resigned or been removed from office and a new Regional Controller has not been appointed. (6) While the Deputy Regional Controller is acting in the office of Regional Emergency Management Controller, he or she – (a) is taken to be the Regional Controller; and (b) is the chairperson of the relevant Regional Committee. 18. Functions and powers of Regional Controllers (1) A Regional Controller has the following functions: (a) to assist and advise the State Controller on all matters with respect to emergency management in the region; (b) prior to, during or subsequent to the occurrence of an emergency in the region, to ensure that his or her instructions and decisions and the instructions and decisions of the Regional Committee, State Committee and State Controller are transmitted to, and adequately carried out by, the bodies and other persons to whom they are directed or relate; (c) to consider whether any powers or declarations under this Act need to be exercised or made for the purposes of emergency management in respect of an emergency in the region and, if so, to advise the State Controller of that need; (d) if the Regional Controller considers that resources of another region are necessary for emergency management in the region, to request those resources; (e) other functions in respect of emergency management imposed by the State Committee or State Controller; (f) other functions imposed by this or any other Act; (g) prescribed functions. (2) A Regional Controller has the power to – (a) impose functions on a Municipal Committee, and Municipal Coordinator, within the region from time to time; and (b) determine powers that may be exercised by a Municipal Coordinator within the region from time to time; and (c) do all other things necessary or convenient to be done in connection with the performance of his or her functions. Division 3 - Administration at municipal level 19. Combined areas (1) On the written application of 2 or more councils, the Minister may determine that the municipal areas governed by those councils are a combined area for the purpose of the establishment of a Municipal Emergency Management Committee in respect of the combined area. (2) An application is to specify which council is responsible for providing the Municipal Chairperson for the proposed combined area. (3) The Minister must not determine that municipal areas are a combined area if all the municipal areas are not within the same region. 20. Municipal Emergency Management Committees A Municipal Emergency Management Committee is established in respect of – (a) each municipal area that is not a combined area; and (b) each combined area. 21. Membership of Municipal Committees (1) A Municipal Committee consists of – (a) the Municipal Chairperson; and (b) the Municipal Coordinators for the municipal areas in respect of which the Municipal Committee has the responsibility of instituting and coordinating emergency management; and (ba) the Municipal Recovery Coordinators for the municipal areas in respect of which the Municipal Committee has the responsibility of instituting and coordinating emergency management; and (c) each person holding a position or office determined by the Municipal Chairperson; and (d) such other persons as the Municipal Chairperson or a Municipal Coordinator considers appropriate. (2) The council for the municipal area or, in the case of a combined area, the council specified in the application made under section 19 as being responsible for providing the Municipal Chairperson must determine who is to be the Municipal Chairperson. (3) A member referred to in subsection (1)(d) is appointed by the Municipal Chairperson or the Municipal Coordinator for the period specified in the instrument of appointment. (4) The Municipal Chairperson is the chairperson of the Municipal Committee. (5) The Municipal Chairperson is to appoint a member of the Municipal Committee as the executive officer of the Municipal Committee for a period specified in the instrument of appointment. (5A) The functions of the executive officer of the Municipal Committee are to be – (a) determined by the Municipal Chairperson; and (b) included in the instrument of appointment issued by the Municipal Chairperson. (6) If the Municipal Chairperson or a Municipal Coordinator considers that it would be helpful for the Municipal Committee to have the advice of any person in respect of any matter under the Committee's consideration, the Municipal Chairperson or Municipal Coordinator may invite, allow or require that person to attend a meeting of the Committee to give advice and opinions on that matter. (7) Schedule 3 has effect with respect to the membership and meetings of each Municipal Committee. 22. Functions and powers of Municipal Committees (1) Each Municipal Committee has the following functions: (a) to institute and coordinate, and to support the institution and coordination of, emergency management in the municipal area or, in the case of a combined area, in the municipal areas that constitute the combined area, including the preparation and review of the Municipal Emergency Management Plan and Special Emergency Management Plans that relate to emergency management in that municipal area or any one or more of those municipal areas; (b) to determine and review emergency management policy for the municipal area, or the municipal areas, referred to in paragraph (a) ; (c) to review the management of emergencies that have occurred in the municipal area, or the municipal areas, referred to in paragraph (a) and identify and promote opportunities for improvement in emergency management; (d) to report to the Regional Controller on any municipal matters that relate to the functions and powers of the Regional Controller or Regional Committee; (e) at the direction of the Municipal Chairperson or a Municipal Coordinator, to assist him or her or a council in the performance and exercise of his, her or its functions and powers under this Act; (f) other functions imposed from time to time by the Regional Committee or Regional Controller; (fa) other functions imposed on the Municipal Committee by a Municipal Emergency Management Plan or a Special Emergency Plan that relates to emergency management in the municipal area, or the municipal areas, referred to in paragraph (a) ; (g) other functions imposed by this or any other Act; (h) prescribed functions. (2) A Municipal Committee has the following powers: (a) to establish subcommittees for the purposes of assisting it in the performance and exercise of its functions and powers; (b) prescribed powers; (c) to do all other things necessary or convenient to be done in connection with the performance and exercise of its functions and powers. 23. Municipal Emergency Management Coordinators and Deputies (1) The Minister is to appoint a Municipal Emergency Management Coordinator and a Deputy Municipal Emergency Management Coordinator for each municipal area. (2) The Minister is to appoint as Municipal Emergency Management Coordinator, or Deputy Municipal Emergency Management Coordinator, for a municipal area a person nominated by the council in that municipal area. (3) Each Municipal Coordinator and Deputy Municipal Coordinator may hold that office in conjunction with any other appointment, position or office. (4) Each Municipal Coordinator and Deputy Municipal Coordinator holds office for the period, and on the terms and conditions, specified in his or her instrument of appointment. (5) A Deputy Municipal Coordinator for a municipal area may act in the office of Municipal Coordinator if – (a) the Municipal Coordinator is absent from Tasmania or from duty as Municipal Coordinator; or (b) the Municipal Coordinator is otherwise unable to perform the functions of the office of Municipal Emergency Management Coordinator; or (c) the Municipal Coordinator has died, resigned or been removed from office and a new Municipal Coordinator has not been appointed. (6) While the Deputy Municipal Coordinator is acting in the office of Municipal Emergency Management Coordinator, he or she is taken to be the Municipal Coordinator. (7) The Minister, by written notice provided to a council, may require the council to nominate persons for the positions of Municipal Emergency Management Coordinator and Deputy Municipal Emergency Management Coordinator by providing that nomination to the Minister within the time specified in the notice. (8) A council may only nominate a person for the position of Municipal Emergency Management Coordinator or Deputy Municipal Emergency Management Coordinator if the person, once appointed to the position, would have the authority and ability to make decisions relating to the coordination of emergency management in the municipal area during an emergency without first seeking the approval of the council. (9) On receipt of the nomination, the State Controller is to provide the nomination, together with his or her recommendations, to the Minister. (10) If a council fails to comply with a notice provided under subsection (7) , the Minister may appoint a person he or she considers suitable to be Municipal Emergency Management Coordinator or Deputy Municipal Emergency Management Coordinator for the municipal area. (11) If a council fails to nominate a Municipal Coordinator or Deputy Municipal Coordinator, the Minister may appoint a person he or she considers suitable to be Municipal Emergency Management Coordinator or Deputy Municipal Emergency Management Coordinator for the municipal area governed by that council. 24. Functions and powers of Municipal Coordinators (1) A Municipal Coordinator has the following functions in respect of the municipal area for which he or she is the Municipal Coordinator: (a) to assist and advise the Municipal Chairperson and the relevant council on all matters with respect to emergency management in the municipal area or combined area; (b) if the Regional Controller requires it, to assist and advise the Regional Controller on matters with respect to emergency management in the municipal area; (c) prior to, during or subsequent to the occurrence of an emergency in the municipal area, to ensure that – (i) the resources of the relevant council are coordinated and used as required by section 46 , or as required for the establishment and coordination of evacuation centres and recovery centres in the municipal area; and (ii) his or her instructions and decisions and the instructions and decisions of the Municipal Committee, Municipal Chairperson and Regional Controller are transmitted to, and adequately carried out by, the bodies and other persons to whom they are directed or relate; (d) to consider whether any powers or declarations under this Act need to be used or made for the purposes of emergency management in respect of an emergency in the municipal area and, if so, to advise the Regional Controller of that need; (e) if the Municipal Coordinator considers that resources of another municipal area are necessary to make better provision for emergency management in the municipal area, to request those resources; (f) to assist the Unit Managers of the municipal volunteer SES units with the supply and coordination of equipment and facilities provided by the council and the maintenance of such equipment and facilities; (g) other functions in respect of emergency management imposed by the Regional Committee or the Regional Controller; (h) other functions imposed by this or any other Act; (ha) other functions imposed on a Municipal Coordinator by a Municipal Emergency Management Plan; (i) prescribed functions. (2) A Municipal Coordinator has the following powers: (a) to utilise the resources of the municipal volunteer SES units in support of statutory services for emergency purposes within the municipal area; (b) to advise the council and councillors in the municipal area in respect of the facilities required for effective operation of the municipal volunteer SES units; (c) powers determined by the Regional Controller by notice provided to the Municipal Coordinator; (d) prescribed powers; (e) the power to do all other things necessary or convenient to perform his or her functions. Division 3A - Administration of recovery Subdivision 1 - State Recovery Advisor 24A. State Recovery Advisor (1) Unless otherwise determined by the Premier, the State Recovery Advisor is the Secretary responsible to the Premier. (2) The State Recovery Advisor may hold that office in conjunction with any other appointment, position or office. 24B. Functions and powers of State Recovery Advisor The State Recovery Advisor has the following functions: (a) to ensure that plans and arrangements for recovery are prepared and maintained; (b) to support the State Controller, Regional Controllers and State Recovery Coordinator to coordinate recovery processes during and after an emergency; (c) to advise, on request, the Premier or the Ministerial Committee on matters related to recovery including – (i) the appointment of a State Recovery Coordinator; and (ii) the establishment of a Recovery Taskforce; (d) to oversee the transition of responsibility for recovery under section 24F ; (e) other functions in respect of recovery imposed on the State Recovery Advisor by the Premier; (f) other functions in respect of recovery imposed on the State Recovery Advisor by the Ministerial Committee; (g) other functions imposed by this or any other Act; (h) prescribed functions. Subdivision 2 - Recovery Taskforce and Recovery Committees 24C. Recovery Taskforce (1) The Premier may determine that a Recovery Taskforce is to be established to support recovery during or after an emergency. (2) If the Premier is not available to make a determination under subsection (1) , the Ministerial Committee may determine that a Recovery Taskforce is to be established to support recovery during or after an emergency. (3) If the Premier or Ministerial Committee makes a determination under subsection (1) or (2) , the Secretary responsible to the Premier is to establish a Recovery Taskforce in accordance with that determination. 24D. State Recovery Coordinator (1) The Premier may appoint, in writing, a State Recovery Coordinator to lead a Recovery Taskforce. (2) If the Premier appoints a State Recovery Coordinator under subsection (1) , the Premier – (a) is to specify in the instrument of appointment – (i) the term of the appointment; and (ii) the functions of the State Recovery Coordinator; and (b) is to notify the State Controller of the appointment. (3) If a person appointed as a State Recovery Coordinator is a State Service officer or State Service employee, he or she may be appointed as a State Recovery Coordinator in conjunction with his or her State Service employment. 24E. Recovery Committees (1) The Ministerial Committee, the State Controller, the State Recovery Advisor or a State Recovery Coordinator may establish a committee, or more than one committee, for one or more of the following purposes: (a) coordinating recovery processes; (b) engaging affected communities in recovery processes; (c) any other purpose related to recovery. (2) When establishing a committee under subsection (1) , the Ministerial Committee, the State Controller, the State Recovery Advisor or State Recovery Coordinator is to determine the chairperson, membership and terms of reference for the committee. 24F. Transition of responsibility (1) In this section – relevant recovery authority means – (a) the State Recovery Coordinator; or (b) a person determined under subsection (3) to be a relevant recovery authority. (2) If a relevant recovery authority has been appointed or determined in relation to an emergency – (a) the State Controller is to transfer all information in respect of the emergency to the relevant recovery authority as soon as practicable and to the satisfaction of the relevant recovery authority; and (b) upon receipt by the State Controller of written confirmation by the relevant recovery authority of the completion of the transfer of information in accordance with paragraph (a) , the relevant recovery authority is to have, and the State Controller is to cease to have, responsibility for the recovery process in relation to the emergency. (3) If no State Recovery Coordinator has been appointed under section 24D in relation to an emergency, the State Controller may determine one of the following to be a relevant recovery authority: (a) the State Recovery Advisor; (b) a specified State Service Agency. (4) For the avoidance of doubt, a person determined under subsection (3) to be a relevant recovery authority does not receive any additional functions or powers, under this or any other Act, solely on the basis of that determination. Subdivision 3 - Municipal Recovery Coordinator 24G. Municipal Recovery Coordinator (1) In this section – general manager has the same meaning as in the Local Government Act 1993 . (2) A general manager of a council may appoint a Municipal Recovery Coordinator for the municipal area governed by the council. (3) A Municipal Recovery Coordinator may hold that office in conjunction with any other appointment, position or office. (4) A Municipal Recovery Coordinator holds office for the period, and on the terms and conditions, specified in his or her instrument of appointment. (5) If no Municipal Recovery Coordinator is appointed under this section, the Municipal Coordinator for the municipal area is to perform the functions and exercise the powers of a Municipal Recovery Coordinator as specified in section 24H . 24H. Functions and powers of Municipal Recovery Coordinator (1) A Municipal Recovery Coordinator has the following functions, for the purposes of the planning, review and implementation of recovery processes, in respect of the municipal area for which he or she is the Municipal Recovery Coordinator: (a) prior to, during or subsequent to the occurrence of an emergency within the municipal area, to ensure that – (i) arrangements are in place to implement recovery processes, including the establishment and coordination of evacuation centres and recovery centres; and (ii) his or her instructions and decisions and the instructions and decisions of the Municipal Committee, Municipal Chairperson and Regional Controller are transmitted to, and adequately carried out by, persons to whom they are directed or relate; (b) to advise the Regional Controller of any powers or declarations under this Act that are to be used, or made, for the purposes of recovery within the municipal area; (c) to request resources of another municipal area if the Municipal Recovery Coordinator considers that those resources are necessary to implement recovery processes within the municipal area; (d) to assist a recovery committee established under section 24E within the municipal area or a combined area; (e) to assist and advise the Municipal Chairperson, the Municipal Committee or the relevant council on all matters with respect to recovery within the municipal area or a combined area; (f) other functions in respect of recovery imposed on the Municipal Recovery Coordinator by the Municipal Committee or the Municipal Coordinator; (g) other functions imposed on the Municipal Recovery Coordinator by this or any other Act; (h) other functions imposed on the Municipal Recovery Coordinator by a Municipal Emergency Management Plan; (i) prescribed functions. (2) A Municipal Recovery Coordinator has the following powers: (a) prescribed powers; (b) the power to do all things necessary or convenient to perform his or her functions. (3) If a Municipal Recovery Coordinator of a municipal area performs a function under subsection (1)(a) , he or she is to notify the Municipal Coordinator for the municipal area of the performance of that function as soon as possible after he or she performs the function. Division 4 - State Emergency Service 25. Continuation of State Emergency Service (1) The State Emergency Service constituted under the Emergency Services Act 1976 continues. (2) The State Emergency Service consists of – (a) the Director SES; and (b) all other persons appointed under section 27 ; and (c) volunteer members registered under section 28(2)(b) . 26. Functions of State Emergency Service The State Emergency Service has the following functions: (a) the provision of advice and services relating to emergency management in accordance with emergency management plans or as otherwise authorised by the State Controller or Minister in writing provided to the Director SES, other than the provision of a service provided by another statutory service; (b) the provision of services relating to rescue and retrieval operations as authorised by the Minister or State Controller; (c) the provision of administrative services for the State Committee and each Regional Committee, including support in the preparation and review of emergency management plans as required by the State Committee and Regional Committees; (d) the recruitment, training and support of volunteer members of the State Emergency Service; (e) in time of enemy action or hostilities against the State, to coordinate civil defence measures; (f) other functions imposed on it by the Minister; (g) other functions imposed on it by this or any other Act. 27. Director SES and officers of State Emergency Service Subject to and in accordance with the State Service Act 2000 , a Director of the State Emergency Service and other persons may be appointed for the purposes of this Act. 28. Functions and powers of Director SES (1) The Director SES has the following functions: (a) to manage the State Emergency Service; (b) other functions imposed by this or any other Act; (c) prescribed functions. (2) The Director SES has the following powers: (a) to establish and maintain for the purposes of the regions such volunteer units of the State Emergency Service and training facilities as the Director SES considers appropriate; (b) to register suitable persons as volunteer members of the State Emergency Service; (c) to register, subject to any conditions the Director SES considers appropriate, suitable organisations as affiliated organisations of the State Emergency Service; (d) to issue identification to volunteer members of the State Emergency Service; (e) to inspect the facilities and resources of regional SES volunteer units and municipal volunteer SES units; (f) to do all other things necessary or convenient to perform his or her functions. (3) If the Director SES establishes a regional SES volunteer unit, the Director SES is to appoint a Unit Manager for the unit. Division 5 - Miscellaneous 29. Delegation by Premier and Minister (1) The Premier may delegate any of his or her functions or powers under this Act other than this power of delegation. (2) The Minister may delegate any of his or her functions or powers under this Act other than this power of delegation. 30. Delegation by committees and persons Each of the following committees and persons may delegate any of its, his or her functions or powers under this or any other Act other than this power of delegation: (a) the State Committee; (b) the State Controller; (ba) the Deputy State Controller; (c) a Regional Committee; (d) a Regional Controller; (da) a Deputy Regional Controller; (e) a Municipal Committee; (f) a Municipal Chairperson; (g) a Municipal Coordinator; (ga) a Deputy Municipal Coordinator; (gb) the State Recovery Advisor; (gc) a State Recovery Coordinator; (gd) a Municipal Recovery Coordinator; (h) the Director SES; (i) an executive officer of the State Committee, a Regional Committee or a Municipal Committee. 30A. Subdelegation by certain officers (1) Despite section 30 , each of the following persons may subdelegate any function or power delegated under that section, other than this power of subdelegation: (a) the State Controller; (b) the Deputy State Controller; (c) a Regional Controller; (d) a Deputy Regional Controller; (e) a Municipal Coordinator; (f) a Deputy Municipal Coordinator. (2) Subsection (1) does not apply to a function or power if, under the delegation of that function or power, it is stated that that function or power is not to be subdelegated under this section. 31. Authorised officers (1) Each of the following persons is an authorised officer: (a) the State Controller; (b) a Regional Controller; (c) a Municipal Coordinator; (ca) the State Recovery Advisor; (cb) a State Recovery Coordinator; (cc) a Municipal Recovery Coordinator; (d) the Director SES; (e) the Commissioner of Police; (f) the Chief Officer within the meaning of the Fire Service Act 1979 ; (g) the Commissioner of the Ambulance Service within the meaning of the Ambulance Service Act 1982 ; (h) a member of a statutory service; (i) any other person authorised to act as an authorised officer under this section. (2) Each of the following persons may authorise another person to act as an authorised officer by written notice provided to the other person: (a) the State Controller; (b) a Regional Controller; (c) a Municipal Coordinator; (ca) the State Recovery Advisor; (cb) a State Recovery Coordinator; (cc) a Municipal Recovery Coordinator; (d) the Director SES; (e) the Commissioner of Police; (f) the Chief Officer within the meaning of the Fire Service Act 1979 ; (g) the Commissioner of the Ambulance Service within the meaning of the Ambulance Service Act 1982 . (3) The State Controller, in writing, may authorise persons of a class of persons to be authorised officers. (4) An authorisation may be limited – (a) to the performance or exercise of the functions and powers specified in the authorisation; or (b) in any other way specified in the authorisation. (5) On making an authorisation under subsection (3) , the State Controller is to publish the authorisation in the Gazette or in such other manner as he or she considers appropriate. PART 3 - Emergency Management Division 1 - Emergency management plans and arrangements 32. Tasmanian Emergency Management Arrangements (TEMA) (1) The State Committee is to prepare an arrangements document in relation to emergency management in Tasmania. (2) The State Committee is to submit the the arrangements document to the Minister for approval. (3) When an arrangements document is submitted to him or her, the Minister may – (a) approve the arrangements document; or (b) require the arrangements document to be amended and then resubmitted for approval under this subsection. (4) The arrangements document approved under subsection (3)(a) (the TEMA) is to – (a) provide the broad policies for emergency management in Tasmania; and (b) provide details of the arrangements and responsibilities for the governance and coordination of emergency management in Tasmania. (4A) The TEMA may specify the emergencies and hazards to which it applies, but is not limited to only those emergencies or hazards so specified. (5) The State Committee is to review the TEMA at least once every 2 years. (6) At any time, the State Committee may submit to the Minister – (a) any suggested amendments to the TEMA; or (b) a substitute TEMA. (7) On the submission to him or her of any suggested amendments or a substitute TEMA, the Minister may approve or reject the amendments to, or the substitution of, the TEMA. 33. Regional Emergency Management Plans (1) Each Regional Committee is to prepare a plan for emergency management in its region. (2) The Regional Committee is to submit the plan to the State Controller for approval. (3) When a plan is submitted to him or her, the State Controller may – (a) approve the plan; or (b) require the plan to be amended and then resubmitted for approval under this subsection. (4) A Regional Emergency Management Plan is to provide details of the arrangements and responsibilities for the governance and coordination of emergency management within the region. (5) Each Regional Committee is to review its Regional Emergency Management Plan at least once every 2 years. (6) At any time, a Regional Committee may submit to the State Controller any suggested amendments to its Regional Emergency Management Plan or a substitute plan. (7) On the submission to him or her of suggested amendments or a substitute plan, the State Controller may approve or reject the amendments to, or the substitution of, the Regional Emergency Management Plan. 34. Municipal Emergency Management Plans (1) Each Municipal Committee is to prepare a plan for emergency management in the municipal area or municipal areas in respect of which the Municipal Committee has the responsibility of instituting and coordinating emergency management. (2) The Municipal Committee is to submit the plan to the appropriate Regional Controller. (3) On receipt of a plan under subsection (2) , the Regional Controller is to submit the plan to the State Controller. (4) When a plan is submitted to him or her, the State Controller may, after consulting with the appropriate Regional Controller – (a) approve the plan; or (b) require the plan to be amended and then resubmitted for approval under this subsection. (5) A Municipal Emergency Management Plan is to provide details of the arrangements and responsibilities for the governance and coordination of emergency management within the Municipal Committee area. (6) Each Municipal Committee is to review its Municipal Emergency Management Plan at least once every 2 years. (7) At any time, a Municipal Committee may submit any suggested amendments to its Municipal Emergency Management Plan or a substitute plan to the Regional Controller who is to then submit to the State Controller the suggested amendments or substitute plan. (8) On submission to him or her of suggested amendments or a substitute plan, the State Controller may, after consulting with the appropriate Regional Controller, approve or reject the amendments to, or the substitution of, the Municipal Emergency Management Plan. 35. Special Emergency Management Plans (1) In this section – approving authority means the person or Committee determined to be the approving authority for that plan by the State Committee, a Regional Committee or a Municipal Committee that prepares a plan under this section; Committee means the State Committee, a Regional Committee or a Municipal Committee; reviewing authority means the person or Committee determined to be the reviewing authority for that plan by the State Committee, a Regional Committee or a Municipal Committee that prepares a plan under this section. (2) A Committee may prepare a plan in respect of a particular risk or emergency or class of risk or emergency. (3) A Committee is to submit a plan prepared under subsection (2) to the approving authority for approval. (4) When a plan is provided to the approving authority, the approving authority may – (a) approve the plan; or (b) require the plan to be amended and then resubmitted for approval under this subsection. (5) A Committee is to review each of its Special Emergency Management Plans at least once every 2 years. (6) At any time, a Committee is to submit to the reviewing authority any suggested amendments to its Special Emergency Management Plan or a substitute plan. (7) On the submission to him, her or it of suggested amendments or a substitute plan, the reviewing authority may approve or reject the amendments to, or the substitution of, the Special Emergency Management Plan. (8) On approving a Special Emergency Management Plan, an amendment to such a plan or a substitute plan, the approving authority or reviewing authority is to notify the State Controller and the relevant Committee of that approval. Division 2 - General risk identification, assessment and management 36. Risk identification and assessment authorisation (1) In this section – potential hazard means a place, structure, source or situation that may, or may in certain circumstances, be a hazard; potential risk activity means an activity carried on by any person that is of such a nature that it may, or may in certain circumstances, pose a risk of the activity causing, contributing to or aggravating an emergency; specified means specified in an authorisation under subsection (2) . (2) If the State Controller considers that a place, structure, source or situation may be a potential hazard or that an activity may be a potential risk a