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111 provisions in continuous reading order
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This is the Emergency Management Act 2005.
This Act comes into operation on a day to be fixed by proclamation.
Different days may be fixed under subsection (1) for different provisions.
In this Act, unless the contrary intention appears —
authorised officer means —
the State Emergency Coordinator; and
a person authorised under section 61;
combat agency has the meaning given by section 6(1);
district emergency management committee means a district emergency management committee established under section 31(1);
emergency means the occurrence or imminent occurrence of a hazard which is of such a nature or magnitude that it requires a significant and coordinated response;
emergency area means the area to which an emergency situation declaration or a state of emergency declaration applies;
emergency management means the management of the adverse effects of an emergency including —
prevention — the mitigation or prevention of the probability of the occurrence of, and the potential adverse effects of, an emergency; and
preparedness — preparation for response to an emergency; and
response — the combating of the effects of an emergency, provision of emergency assistance for casualties, reduction of further damage, and help to speed recovery; and
recovery — the support of emergency affected communities in the reconstruction and restoration of physical infrastructure, the environment and community, psychosocial and economic wellbeing;
emergency management agency means a hazard management agency, a combat agency or a support organisation;
emergency management district means an emergency management district established under section 28;
emergency situation means an emergency situation declared under section 50;
emergency situation declaration means a declaration made under section 50;
hazard means —
a cyclone, earthquake, flood, storm, tsunami or other natural event;
a fire;
a road, rail or air crash;
a plague or an epidemic;
a terrorist act as defined in The Criminal Code section 100.1 set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth;
any other event, situation or condition that is capable of causing or resulting in —
loss of life, prejudice to the safety, or harm to the health, of persons or animals; or
destruction of, or damage to, property or any part of the environment,
and is prescribed by the regulations;
hazard management agency has the meaning given by section 4;
hazard management officer means a person authorised under section 55;
hazardous substance means —
a chemical, biological or radiological substance; or
any other substance,
that is capable of causing loss of life, injury to a person, or damage to the health of a person or to the environment;
local emergency coordinator means a local emergency coordinator appointed under section 37;
local emergency management committee means a committee established under section 38;
local government district —
has the meaning given to “district” by the Local Government Act 1995; and
in relation to a local government, means the district established for the local government under the Local Government Act 1995;
occupier has the meaning given to that term in the Local Government Act 1995;
owner has the meaning given to that term in the Local Government Act 1995;
personal details, in relation to a person, means —
the person’s full name; and
the person’s date of birth; and
the address of where the person is living; and
the address of where the person usually lives;
place includes land, area of water or premises;
premises includes a building or structure, or part of a building or structure, of any type;
property means real or personal property of any description;
public authority means —
an agency as defined in the Public Sector Management Act 1994; or
a body, corporate or unincorporate, that is established or continued for a public purpose by the State, regardless of the way it is established; or
a local government, regional local government or regional subsidiary; or
the Police Force of Western Australia; or
a member or officer of a body referred to in paragraph (a), (b), (c) or (d); or
a person or body prescribed (or of a class prescribed) by the regulations as a public authority for the purposes of this definition;
recovery has the meaning given in paragraph (d) of the definition of emergency management;
SEMC means the State Emergency Management Committee established under section 13;
State Disaster Council means the State Disaster Council established under section 63;
State Emergency Coordination Group means the State Emergency Coordination Group established under section 26;
State Emergency Coordinator means the person holding the office referred to in section 10;
State emergency management plan means a plan prepared under section 18;
State emergency management policy means a policy prepared under section 17;
state of emergency means a state of emergency declared under section 56;
state of emergency declaration means a declaration made under section 56;
support organisation has the meaning given by section 6(3);
vehicle means any thing capable of transporting people or things by road, rail or water, including a hovercraft, and it does not matter how the thing is moved or propelled.
[Section 3 amended: No. 26 of 2016 s. 52.]
A public authority, or other person, may be prescribed by the regulations to be a hazard management agency for emergency management, or an emergency management aspect prescribed by the regulations, of a hazard prescribed by the regulations.
The regulations may prescribe the whole of the State, or an area of the State, as the area for which the public authority or person is a hazard management agency.
A hazard management agency prescribed under subsection (1) is to be a public authority or other person who or which, because of that agency’s functions under any written law or specialised knowledge, expertise and resources, is responsible for emergency management, or the prescribed emergency management aspect, in the area prescribed of the hazard for which it is prescribed.
If the hazard management agency is not an individual or a body corporate, the regulations are to designate —
one or more persons who are authorised to act in the name of the hazard management agency for the purposes of sections 50 and 53; and
one or more persons who are authorised to act in the name of the hazard management agency for the purposes of authorising under section 55 persons to act as hazard management officers.
In sections 50, 53 and 55 a reference to a hazard management agency is to be taken to include a reference to a person who is designated to act in the name of a hazard management agency under subsection (4) for the purposes of that section.
A hazard management agency, with the approval of the State Emergency Coordinator, may delegate to an officer or employee of the agency any power or duty of the hazard management agency under sections 50, 53 and 55, or any of those sections.
The delegation is to be in writing.
A delegate exercising or performing a power or duty that has been delegated under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.
Nothing in this section limits the ability of a hazard management agency to act through an officer or person representing the agency.
A public authority, or other person, may be prescribed by the regulations to be a combat agency for the purposes of this Act.
A combat agency prescribed under subsection (1) is to be a public authority or other person who or which, because of the agency’s functions under any written law or specialised knowledge, expertise and resources, is responsible for performing an emergency management activity prescribed by the regulations in relation to that agency.
A public authority, or other person, may be prescribed by the regulations to be a support organisation for the purposes of this Act.
A support organisation prescribed under subsection (3) is to be a public authority or other person who or which, because of the agency’s functions under any written law or specialised knowledge, expertise and resources, is responsible for providing support functions prescribed by the regulations in relation to that organisation.
This Act binds the Crown in right of the State and, so far as the legislative power of the State permits, the Crown in its other capacities.
Where the provisions of this Act are inconsistent with the provisions of any other Act, or of any subsidiary legislation made under any other Act, the provisions of this Act prevail.
This Act is in addition to, and does not derogate from, the Fuel, Energy and Power Resources Act 1972.
Subject to subsection (1), all powers given by or under this Act are in addition to, and not in derogation from, powers exercisable apart from this Act.
This Act does not authorise the taking of measures directed at —
ending an industrial dispute; or
controlling a riot or other civil disturbance.
The Commissioner of Police is to hold the office of State Emergency Coordinator.
The State Emergency Coordinator is responsible for coordinating the response to an emergency during a state of emergency.
In addition to his or her other functions under this Act and any other written law, the State Emergency Coordinator is to —
provide advice to the Minister in relation to emergencies; and
provide advice to the State Disaster Council during a state of emergency; and
provide such advice and assistance to hazard management agencies as the State Emergency Coordinator considers appropriate; and
carry out other emergency management activities as directed by the Minister.
Where authorised to do so under a State emergency management plan or State emergency management policy, or authorised to do so by the SEMC or the State Disaster Council, the State Emergency Coordinator may —
liaise with the Australian Government and other persons, in or outside the State; and
enter into agreements and arrangements with those persons,
to assist the State to manage emergencies.
The State Emergency Coordinator may delegate to any person any power or duty of the State Emergency Coordinator under another provision of this Act.
The delegation is to be in writing signed by the State Emergency Coordinator.
A delegate exercising or performing a power or duty that has been delegated under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.
Nothing in this section limits the ability of the State Emergency Coordinator to act through an officer or a person representing the State Emergency Coordinator.