New South Wales Consolidated Acts

ESSENTIAL SERVICES ACT 1988 - SECT 11

11 Minister's powers in respect of state of emergency

(1) If an order is in force under section 10 in respect of an essential service, the Minister specified in the order may, by notice in writing--

(a) give such directions as are necessary to regulate, control, direct, restrict or prohibit the provision of the essential service and the activities of any person involved in the provision of the essential service, and

(b) direct a person who provides or is engaged in the provision of the essential service to provide it to a person specified in the direction, and

(c) direct a person to comply with such terms and conditions as the Minister determines relating to the provision of the essential service, and

(d) direct a person to whom an essential service is provided to accept the provision of the essential service, and

(e) direct any person to exercise such functions as appear to the Minister to be necessary or expedient to ensure or facilitate the proper provision of the essential service, including the making or giving of any order or direction.

(2) Any such direction of the Minister--

(a) may apply to or have operation throughout the whole or any specified part of the State, and

(b) may, while an order referred to in section 10 is in force, operate for any period or periods or for any time or times or for any occasion or occasions specified in the direction, and

(c) may be of general operation or of specially limited operation according to any times, places, circumstances, conditions or restrictions specified in the direction, and

(d) may authorise a person specified in the direction--

(i) to enter any place, and

(ii) to take possession or control of, or use, any property,

used for or in connection with the essential service.

(3) Any such notice--

(a) may be published in the Gazette or on the NSW legislation website and when so published any direction contained in the notice shall be taken to have been sufficiently served on or brought to the notice of all persons concerned or affected by it, and

(b) may, without affecting the provisions of paragraph (a), where it applies to any particular person, be served on the person by delivering a copy of it to the person by hand, or by sending a copy to the person by post or telegram.