South Australian Numbered Acts South Australian Numbered Acts (1) An officer of
SASES may take, or cause to be taken, any action that appears necessary or
desirable for the purpose of protecting the life, health or safety of any
person or animal, or protecting property, relevant services or the
environment, or for any other purpose associated with dealing with an
emergency or the threat of an emergency (despite the fact that the action may
result in damage to, or destruction of, property or any aspect of the
environment or cause pecuniary loss to any person).
(2) Without limiting
or derogating from the operation of subsection (1), an officer under
subsection (1), or any person acting under the command of an officer, may
(to such extent as appears necessary or desirable in the circumstances)—
(a)
enter and, if necessary, break into any land, building, structure or vehicle
(using such force as is necessary);
(b) take
possession of, protect or assume control over any land, body of water,
building, structure, vehicle or thing;
(c)
remove or destroy, or order the destruction of, any building, structure,
vehicle, vegetation or seriously injured animal;
(d)
direct the owner of, or the person for the time being in charge of, any real
or personal property to place it under the control or at the disposition of a
specified person;
(e)
remove, or cause to be removed, to such place as the authorised person may
determine, any person or animal, or direct the evacuation or removal of any
person or animal;
(f)
direct or prohibit the movement of persons, animals or vehicles;
(g)
remove flammable material or any other hazardous material, or cause flammable
material or any other hazardous material to be removed, from any place,
building or structure;
(h)
cause any supply of fuel or other flammable liquid, any gas or electricity, or
any other hazardous material to be shut off or disconnected;
(i)
direct a person who is in a position to do so—
(i)
to stop any work or operation; or
(ii)
to close any premises or other place; or
(iii)
to contain the escape of any hazardous material, or to
nullify the effects of the escape of any hazardous material; or
(iv)
to shut off or remove any plant, equipment, apparatus or
device or to perform any operation in relation to any plant, equipment,
apparatus or device;
(j) shut
off, or cut off, the supply of water or any drainage facility;
(k) make
use of the gratuitous services of any person;
(l)
direct, insofar as may be reasonably necessary in the circumstances, any
person to assist in the exercise of any power under this section;
(m)
exercise any prescribed power.
(3) In the absence of
an officer, the powers of an officer under subsection (1) or (2) may be
exercised by any member of SASES.
(4) A person must not,
without reasonable excuse, refuse or fail to comply with a requirement or
direction of an officer of SASES or of any other person given in accordance
with subsection (1) or (2).
Maximum penalty:
(a) if
the offender is a body corporate—$75 000;
(b) if
the offender is a natural person—$20 000.
(5) This section
operates subject to the provisions of the Emergency Management Act 2004
.