Jervis Bay Territory Emergency Management Ordinance 2015
15Declaration of state of emergency
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15 Declaration of state of emergency
(1) If the Minister is satisfied that an emergency: (a) is endangering, or is threatening to endanger, the safety or health of persons or animals in the Territory to a significant and widespread extent; or (b) is destroying or damaging, or threatening to destroy or damage, property in the Territory to a significant and widespread extent; or (c) is causing a failure of, or a disruption to, an essential service or infrastructure to a significant and widespread extent; the Minister may, by written instrument, declare that a state of emergency exists in the whole of the Territory or the part of the Territory specified in the instrument. (1A) The Minister may, by written instrument, declare that a state of emergency exists in the whole of the Territory or the part of the Territory specified in the instrument if: (a) a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force; and (b) the Minister is satisfied that the emergency to which the national emergency declaration relates is affecting, or is likely to affect, the Territory. (2) In deciding whether to declare a state of emergency, the Minister must take into account whether or not a state of emergency has been declared in a local government area surrounding the Territory, and the severity, and proximity to the Territory, of any emergency in that area. (3) A declaration of a state of emergency must specify the period (not exceeding 30 days) during which it is in force.