State Emergency and Rescue Management Act 1989 (NSW)

State Emergency and Rescue Management Act 1989 No 165

An Act relating to the management of State emergencies and rescues.

Part 1 Preliminary

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

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

3 Definitions (1) 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— (a) Ambulance Service of NSW, (b) Fire and Rescue NSW, (c) a fire brigade within the meaning of the Fire and Rescue NSW Act 1989, (d) NSW Police Force, (e) NSW Rural Fire Service, (f) State Emergency Service, (g) Surf Life Saving New South Wales, (h) VRA Rescue NSW Limited, (i) Volunteer Marine Rescue NSW, (j) an agency that manages or controls an accredited rescue unit, (k) 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— (a) agricultural and animal services, (b) telecommunications services, (b1) energy and utility services, (c) engineering services, (d) environmental services, (e) health services, (e1) education services, (f) public information services, (g) transport services, (h) welfare services, (i) another category of services described as a functional area in the State Emergency Management Plan. government agency means— (a) a Public Service agency, (b) a public authority, being a body (whether incorporated or not) established by or under an Act for a public purpose, other than— (i) the Legislative Council or Legislative Assembly or a committee of either or both of those bodies, or (ii) a court or other judicial tribunal, (c) the NSW Police Force, (d) a local government council or other local authority, or (e) 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— (i) the Governor, the Lieutenant-Governor or the Administrator of the State, (ii) a Minister of the Crown, (iii) a member of the Legislative Council or Legislative Assembly or an officer of that Council or Assembly, or (iv) 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 Emergency Service means the NSW State Emergency Service constituted under the State Emergency Service Act 1989. 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). (2) In this Act— (a) a reference to a function includes a reference to a power, authority and duty, and (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.