41DAuthorisation by Regional Controller if state of alert declared

41D Authorisation by Regional Controller if state of alert declared

[Section 41D of Part 3 Inserted by No. 31 of 2018, s. 23, Applied:10 Dec 2018]

(1)  Unless the State Controller has directed otherwise, a Regional Controller may authorise the exercise of all, or any, emergency powers in the region for which he or she is Regional Controller if –

(a) a state of alert has been declared in respect of that region, part of that region or the whole State; or

(b) a state of alert has been declared in respect of another place that is not in that region and the Regional Controller is satisfied that the potential emergency, that is the subject of the state of alert, may impact on that region to the extent that it is reasonable to authorise the exercise of those powers in that region for the purpose of –

(i) protecting persons from distress, injury or death; or

(ii) protecting property or the environment from damage or destruction; or

(iii) otherwise mitigating the impact of the emergency on that region.

(2)  Section 40(3) , (4) , (5) , (6) , (7) , (8) and (9) and section 41 apply to an authorisation given by a Regional Controller under this section as if –

(a) a reference in section 40(3) , (5) , (6) , (7) or (9) to the State Controller were a reference to the Regional Controller; and

(b) a reference in section 40(5) or (6) to the Minister were a reference to the State Controller; and

(c) a reference in section 41 to an authorisation under section 40 were a reference to an authorisation under this section.