Declaration of disaster situation. A district disaster coordinator may, with the approval of the Minister, declare a disaster situation if satisfied that a disaster has happened, is happening, or is likely to happen, and that it is necessary or reasonably likely to be necessary for emergency powers to be exercised to prevent or minimise loss of human life, illness or injury to humans, property loss or damage, or environmental damage (section 64(1)).
General disaster powers (section 77). During a declared situation, a relevant district disaster coordinator or declared disaster officer may: control movement of persons, animals, and vehicles; issue movement directions; evacuate persons or animals; enter any place in the declared area; take possession or make use of property in the declared area; carry out work or activities; destroy or remove property; and require persons to give reasonable help. The powers must be exercised only during the period of the disaster situation and only to achieve specified purposes (section 76(2)).
Rescue powers (Part 9). Part 9 authorises the exercise of rescue powers in particular circumstances outside a declared disaster situation. This creates a separate stream of powers for rescue operations that do not require a full disaster situation declaration.
Extending the declaration. The Minister may extend the disaster situation by regulation in increments of up to 14 days (section 67). If a regulation cannot practicably be made before the declaration expires, the Minister and Premier may jointly extend it by up to 7 days by declaration (section 67A). The joint Minister-Premier declaration cannot be used consecutively.
Ending the disaster situation. The Minister may end a declared disaster situation at any time (section 68(1)). The disaster situation automatically expires 14 days after declaration unless extended.
Inspector-General powers (Part 1A). The Inspector-General of Emergency Management may review and assess disaster management effectiveness at all tiers, make and review disaster management standards, report to the Minister, and monitor departmental compliance. The Inspector-General does not have operational powers during a disaster; the role is oversight and performance assurance.