sec.5Declaration of emergency situation

### sec.5 Declaration of emergency situation Subject to section 6 , if at any time a senior officer (the emergency commander ) is satisfied on reasonable grounds that an emergency situation has arisen or is likely to arise the senior officer may declare that an emergency situation exists in respect of an area specified by the senior officer. Without limiting subsection (1) , the specified area may be any description of area surrounding a moving activity. an area within a stated distance of a stated moving motor vehicle or vessel an area within a stated distance of a stated person who is on foot, in a moving motor vehicle or vessel or moving in another way As soon as practicable after making the declaration, the emergency commander must issue a certificate (an emergency situation certificate ) signed by the commander stating— that an emergency situation has been declared to exist; and the nature of the emergency situation; and the date and time the emergency situation was declared to exist; and the area in respect of which the emergency situation exists. The declaration that an emergency situation exists shall continue until revoked by the emergency commander or, if the emergency commander is unavailable, another senior officer. The emergency commander or, if the emergency commander is unavailable, another senior officer, shall as soon as practicable thereafter, note the date and time of the revocation on the emergency situation certificate. The commissioner must keep the emergency situation certificate for at least 6 years. s 5 amd 1995 No. 58 s 4 sch 1 ; 2003 No. 46 s 6 ; 2007 No. 34 ss 10 , 7 sch ; 2010 No. 40 s 44 ; 2016 No. 42 ss 23 , 70 sch 1 ; 2017 No. 30 s 30 (sec.5-ssec.1) Subject to section 6 , if at any time a senior officer (the emergency commander ) is satisfied on reasonable grounds that an emergency situation has arisen or is likely to arise the senior officer may declare that an emergency situation exists in respect of an area specified by the senior officer. (sec.5-ssec.2) Without limiting subsection (1) , the specified area may be any description of area surrounding a moving activity. an area within a stated distance of a stated moving motor vehicle or vessel an area within a stated distance of a stated person who is on foot, in a moving motor vehicle or vessel or moving in another way (sec.5-ssec.3) As soon as practicable after making the declaration, the emergency commander must issue a certificate (an emergency situation certificate ) signed by the commander stating— that an emergency situation has been declared to exist; and the nature of the emergency situation; and the date and time the emergency situation was declared to exist; and the area in respect of which the emergency situation exists. (sec.5-ssec.4) The declaration that an emergency situation exists shall continue until revoked by the emergency commander or, if the emergency commander is unavailable, another senior officer. (sec.5-ssec.5) The emergency commander or, if the emergency commander is unavailable, another senior officer, shall as soon as practicable thereafter, note the date and time of the revocation on the emergency situation certificate. (sec.5-ssec.6) The commissioner must keep the emergency situation certificate for at least 6 years. - • an area within a stated distance of a stated moving motor vehicle or vessel - • an area within a stated distance of a stated person who is on foot, in a moving motor vehicle or vessel or moving in another way - (a) that an emergency situation has been declared to exist; and - (b) the nature of the emergency situation; and - (c) the date and time the emergency situation was declared to exist; and - (d) the area in respect of which the emergency situation exists.