State Emergency and Rescue Management Act 1989

This Act may be cited as the State Emergency and Rescue Management Act 1989.

This Act commences on a day or days to be appointed by proclamation.

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—

Ambulance Service of NSW,

Fire and Rescue NSW,

a fire brigade within the meaning of the Fire and Rescue NSW Act 1989,

NSW Police Force,

NSW Rural Fire Service,

State Emergency Service,

Surf Life Saving New South Wales,

VRA Rescue NSW Limited,

Volunteer Marine Rescue NSW,

an agency that manages or controls an accredited rescue unit,

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—

agricultural and animal services,

telecommunications services,

energy and utility services,

engineering services,

environmental services,

health services,

education services,

public information services,

transport services,

welfare services,

another category of services described as a functional area in the State Emergency Management Plan.

government agency means—

a Public Service agency,

a public authority, being a body (whether incorporated or not) established by or under an Act for a public purpose, other than—

the Legislative Council or Legislative Assembly or a committee of either or both of those bodies, or

a court or other judicial tribunal,

the NSW Police Force,

a local government council or other local authority, or

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—

the Governor, the Lieutenant-Governor or the Administrator of the State,

a Minister of the Crown,

a member of the Legislative Council or Legislative Assembly or an officer of that Council or Assembly, or

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 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).

In this Act—

a reference to a function includes a reference to a power, authority and duty, and

a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

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—

endangers, or threatens to endanger, the safety or health of persons or animals in the State, or

destroys or damages, or threatens to destroy or damage, property in the State, or

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.

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—

threats or danger to property includes a reference to threats or danger to the environment, and

the protection of property includes a reference to the protection of the environment.

For the purposes of this Act—

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

preparation in relation to an emergency includes arrangements or plans to deal with an emergency or the effects of an emergency, and

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

recovery in relation to an emergency includes the process of returning an affected community to its proper level of functioning after an emergency.

Part 3 applies to a rescue operation whether it relates to a single incident or an emergency.

However, if a rescue operation relates to an emergency Part 2 prevails.

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.

This Act does not authorise the taking of measures directed at—

bringing an industrial dispute to an end, or

controlling a riot or other civil disturbance (other than a riot or civil disturbance resulting from and occurring during a state of emergency).

This Act authorises the taking of civil defence measures, not being actual military combat or preparations for military combat.

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.

The Minister is responsible for—

ensuring that adequate measures are taken by government agencies to prevent, prepare for, respond to and assist recovery from emergencies, and

co-ordinating the activities of government agencies in taking those measures, and

approving the State Emergency Management Plan or any alterations to the State Emergency Management Plan.

(Repealed)

The following are, in the exercise of their functions under this Act, subject to the control and direction of the Minister—

the State Emergency Management Committee,

the State Emergency Operations Controller,

the State Emergency Recovery Controller.

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—

the Minister’s functions under this section, and

this power of delegation.

There is to be a State Emergency Management Plan.

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.

The State Emergency Management Plan is to—

identify, in relation to each different form of emergency, the combat agency primarily responsible for controlling the response to the emergency, and

provide for the co-ordination of the activities of other agencies in support of a combat agency in the event of an emergency, and

specify the tasks to be performed by all agencies in the event of an emergency, and

specify the responsibilities of the Minister, the State, Regional or Local Emergency Operations Controller and the State Emergency Recovery Controller.

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—

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

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.