45Authorisation by Regional Controller if state of emergency declared

45 Authorisation by Regional Controller if state of emergency declared

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

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

(b) a state of emergency has been declared in respect of another place that is not in that region and the Regional Controller is satisfied that the emergency 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 and for that purpose –

(a) a reference in section 40(3) , (4) , (5) , (6) , (7) , (8) or (9) to the State Controller is taken to be a reference to the Regional Controller; and

(b) a reference in section 40(3) , (4) , (5) , (6) , (7) , (8) or (9) to the Minister is taken to be a reference to the State Controller; and

(c) a reference in section 41 to an authorisation under section 40 is taken to be a reference to an authorisation under this section.