Australian Capital Territory Consolidated Acts

EMERGENCIES ACT 2004 - SECT 150C

    (1)     This section applies if an emergency controller is appointed under section 150A for an emergency.

    (2)     For the management of the emergency, the emergency controller may––

        (a)     direct the movement of people, animals or vehicles within, into or around the area to which the emergency applies (the emergency area ); and

        (b)     give directions regulating or prohibiting the movement of people , animals or vehicles within, into or around the emergency area; and

        (c)     d i rec t , in writing, the owner of property in or near the emergency area to place the property under the control, or at the disposal, of an emergency controller; and

        (d)     take possession of any premises , animal substance or thing in or near the emergency area; and

        (e)     excavate land, form tunnels or construct earthworks, barriers or temporary structures in or near the emergency area; and

        (f)     control , use, close off or block a drainage facility in or near the emergency area; and

        (g)     maintain, restore or prevent disruption of essential services; and

        (h)     do anything else that the chief officer of an emergency service may do under section 34 (General powers of chief officers).

Note     A chief officer has a number of general powers including to enter land, shut off a power or water supply, demolish or destroy a structure or remove or destroy an animal.

    (3)     Subsection (2) operates despite any other territory law.

    (4)     However, the Chief Minister may direct, in writing—

        (a)     that the emergency controller is not to have a power (or part of a power) mentioned in subsection (2); or

        (b)     that the emergency controller has another stated power.

Note     A direction may be included in the instrument of appointment (see Legislation Act, s 49).

    (5)     The emergency controller may delegate a function mentioned in subsection (2) to the head of an entity.

    (6)     A person who is delegated a function under subsection (5) may delegate the function to another member, officer, employee or contractor of the entity.

Note     For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

    (7)     In this section:

"owner", of property, includes an occupier or someone apparently in charge of the property.