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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Emergency Management (Miscellaneous) Amendment
Bill 2016
A BILL FOR
An Act to amend the
Emergency
Management Act 2004
.
Contents
Part 2—Amendment of Emergency
Management Act 2004
2Objects and guiding
principles
5Amendment of section
3—Interpretation
Part 1A—State Emergency Management
Plan
5AState Emergency
Management Plan
7Amendment of section 9—Functions and
powers of SEMC
8Amendment of section
11—Establishment of advisory groups by SEMC
9Amendment of section 15—Functions and
powers of State Co-ordinator
10Amendment of section 19—Co-ordinating
agency
11Amendment of section 20—Control
agency
12Amendment of section 25—Powers of State
Co-ordinator and authorised officers
13Amendment of section 27—Recovery
operations
Schedule 1—Transitional
provisions
1Continuation of State Emergency Management
Plan
2Recovery operations advisory
group
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Emergency Management (Miscellaneous)
Amendment Act 2016.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Emergency Management
Act 2004
After section 1 insert:
2—Objects and guiding
principles
(1) The objects of this Act are—
(a) to establish an emergency management framework for the State
that—
(i) promotes prompt and effective decision-making associated with
emergencies; and
(ii) makes provision for comprehensive and integrated planning in relation
to emergencies; and
(b) to promote community resilience and reduce community vulnerability in
the event of an emergency.
(2) The objects of this Act are to be achieved through—
(a) establishing the State Emergency Management Committee; and
(b) providing for the appointment of a State Co-ordinator; and
(c) the preparation, review and maintenance of the State Emergency
Management Plan; and
(d) making provision for declarations relating to emergencies and
disasters; and
(e) establishing structures for risk prevention and preparedness;
and
(f) establishing structures to support a seamless transition from response
to recovery in relation to an emergency.
(3) The guiding principles under this Act are that emergency management
arrangements must—
(a) be based on an all hazards approach in addressing emergency
prevention, preparedness, response and recovery (PPRR);
and
(b) reflect the collective responsibility of all sectors of the community,
including both State and local government, the business and non-government
sectors, and individuals; and
(c) recognise that effective arrangements require a co-ordinated approach
from all sectors of the community, including both State and local government,
the business and non-government sectors, and individuals.
5—Amendment
of section 3—Interpretation
(1) Section 3—after the definition of major
emergency insert:
PPRR—see section 2(3)(a);
preparedness, in relation to an emergency, means arrangements
made to ensure that, should an emergency occur, the resources and services
needed to cope with the effect of the emergency can be mobilised and deployed
efficiently;
prevention, in relation to an emergency, means measures taken
to eliminate or reduce the incidence of severity of the emergency;
(2) Section 3, definitions of recovery operations and
response operations—delete the definitions and
substitute:
recovery operations means the conduct of any measures (such
as human, economic and environmental measures) taken during or after an
emergency, being measures necessary to assist the re-establishment of the normal
pattern of life of individuals, families and communities affected by the
emergency and includes—
(a) the restoration of essential facilities and services; and
(b) the restoration of other facilities, services and social networks
necessary for the normal functioning of a community; and
(c) the provision of information, material and personal needs;
and
(d) the provision of means of emotional support; and
(e) the recovery of the natural environment; and
(f) support to assist the recovery of business;
response operations means any measures taken in anticipation
of, during or immediately after an emergency to ensure that the effect of the
emergency is minimised and that affected individuals are given immediate relief
and support;
(3) Section 3, definition of State Emergency Management
Plan—delete the definition and substitute:
State Emergency Management Plan or
SEMP—see Part 1A;
After section 5 insert:
Part 1A—State Emergency Management
Plan
5A—State Emergency Management
Plan
(1) SEMC must prepare,
keep under review and maintain the State Emergency Management Plan
(SEMP) which must detail strategies for dealing with emergencies
in the State, including strategies—
(a) for the prevention of emergencies; and
(b) relating to preparedness for emergencies; and
(c) for the containment of emergencies; and
(d) for the co-ordination of response and recovery operations;
and
(e) for the orderly and efficient deployment of resources and services in
connection with response and recovery operations.
(2) The SEMP may be comprised of 1 plan or a series of plans and may
relate to all sectors of the community, including both State and local
government, the business and non-government sectors, and individuals.
(3) Without limiting
the generality of
subsection (1)
, the SEMP may make provision for—
(a) the establishment of a committee to provide a forum to plan for and
address emergency management (PPRR) training and other requirements for
organisations; and
(b) the appointment of a specified agency to take the lead in planning
emergency management activities for inclusion in the SEMP relating to the
prevention of, preparedness for, response to and recovery from a particular
hazard; and
(c) the division of the State into zones (Emergency Management
Zones) (which may be comprised of 1 or more, or a part of 1 or
more, areas of a council and any other area of the State); and
(d) for each Emergency Management Zone—the establishment of a
management committee with responsibility for preparing, keeping under review and
maintaining local planning for the Zone for the purposes of the SEMP;
and
Note—
See also section 7(d) of the
Local
Government Act 1999
which provides that 1 of the functions of a council is to take
measures to protect its area from natural and other hazards and to mitigate the
effects of such hazards.
(e) the appointment of a co-ordinator for each Emergency Management Zone;
and
(f) the designation of specified locations for the purposes of the SEMP;
and
(g) any other matter consistent with the objects and guiding principles of
this Act that should, in the opinion of SEMC, be included in the SEMP.
7—Amendment
of section 9—Functions and powers of SEMC
(1) Section 9(1)(b)—delete "State Emergency Management Plan"
and substitute:
SEMP
(2) Section 9(1)(e)—delete "State Emergency Management Plan"
and substitute:
SEMP
(3) Section 9(1)(f)—delete "State Emergency Management Plan"
and substitute:
SEMP
(4) Section 9(1)(h)—delete paragraph (h) and substitute:
(h) to monitor and evaluate the implementation of the SEMP and the
response and recovery operations taken during or following—
(a) any identified major incident, major emergency or disaster declared
under this Act; and
(b) any other emergency as SEMC thinks fit;
8—Amendment
of section 11—Establishment of advisory groups by
SEMC
Section 11(2)—delete subsection (2)
9—Amendment
of section 15—Functions and powers of State
Co-ordinator
Section 15(a)—delete "State Emergency Management Plan" and
substitute:
SEMP
10—Amendment
of section 19—Co-ordinating agency
(1) Section 19(2)—delete "State Emergency Management Plan" and
substitute:
SEMP
(2) Section 19(3)(d)—delete "State Emergency Management Plan"
and substitute:
SEMP
11—Amendment
of section 20—Control agency
(1) Section 20(1)(a)—delete "State Emergency Management Plan"
and substitute:
SEMP
(2) Section 20(1)(b)—delete "State Emergency Management Plan"
and substitute:
SEMP
12—Amendment
of section 25—Powers of State Co-ordinator and authorised
officers
(1) Section 25(1)—delete "State Emergency Management Plan" and
substitute:
SEMP
(2) Section 25(2)(j)—delete "shut off, or cut off," and
substitute:
connect, disconnect, reconnect, shut off or cut off
13—Amendment
of section 27—Recovery operations
Section 27(1)—delete "State Emergency Management Plan" and
substitute:
SEMP
Schedule 1—Transitional
provisions
1—Continuation
of State Emergency Management Plan
The State Emergency Management Plan in force under the
Emergency
Management Act 2004
immediately before the commencement of
section 6
of this Act continues, after that commencement, as the State Emergency
Management Plan under section 5A of the
Emergency
Management Act 2004
.
2—Recovery
operations advisory group
(1) An advisory group
established under section 11(2) of the
Emergency
Management Act 2004
and in existence immediately before the commencement of
section 8
of this Act continues, after that commencement, as an advisory group to
advise the State Emergency Management Committee in relation to recovery
operations as if it were an advisory group established under section 11(1)(a) of
the
Emergency
Management Act 2004
.
(2) An advisory group continued in existence under
subclause (1)
retains the same membership, presiding member, procedures for the conduct
of business and any delegation in place immediately before the commencement of
section 8
of this Act, subject to any determination of the State Emergency
Management Committee after that commencement under section 11 of the
Emergency
Management Act 2004
.