Emergency Management (Control of Response Activities and Other Matters) Act 2015

Authorised by the Chief Parliamentary Counsel Authorised Version i Emergency Management (Control of Response Activities and Other Matters) Act 2015 No. 43 of 2015 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 2 3 Principal Act 3 Part 2—Amendments to the Emergency Management Act 2013 4 4 Section 7 substituted 4 5 Acting Emergency Management Commissioner 4 6 Functions of the Emergency Management Commissioner 5 7 Powers of the Emergency Management Commissioner 5 8 Control of emergency response to Class 1 emergency 5 9 Control of response to fire other than a major fire 7 10 Control of emergency response to Class 2 emergencies 7 11 Emergency Management Commissioner may advise or direct officers to exercise control powers 8 12 New sections 53 and 53A substituted 8 13 Contents of state emergency response plan 10 14 Section 55 substituted 11 15 New section 55A inserted 11 16 Regional and municipal district emergency response coordinators 13 17 New section 60A inserted 13 18 Functions of the Inspector-General for Emergency Management 14 19 Information gathering for purpose of section 64(1)(b), (ba), (c), (ca), (f), (g) or (ga) 15 20 Provisions for reviews and reports for the purposes of section 64(1)(b), (ba), (c), (ca) or (ga) 15 21 New sections 70A and 70B inserted 16 22 Confidential information 18 23 Constraints on access to information not to apply 18 24 Protection of person providing information 18 25 Immunity 18 -- 1 of 32 -- Section Page ii Authorised by the Chief Parliamentary Counsel Part 3—Amendments to other Acts 19 Division 1—Victoria State Emergency Service Act 2005 19 26 Definitions 19 27 New sections 32AA, 32AB and 32AC inserted 19 28 Section 43 substituted 22 Division 2—Country Fire Authority Act 1958 23 29 Definitions 23 30 Authorisation of certain persons 23 31 Country Fire Authority Act 1958—annual estimate of expenditure and revenue 24 32 Damage to be covered by fire insurance 24 Division 3—Metropolitan Fire Brigades Act 1958 24 33 Metropolitan Fire Brigades Act 1958—annual estimate of expenditure and revenue 24 34 Damage to be covered by fire insurance 25 Division 4—Amendments to other Acts in relation to offences and liability concerning levees 25 35 Crown Land (Reserves) Act 1978 25 36 Forests Act 1958 26 37 Land Act 1958 26 38 National Parks Act 1975 26 39 Water Act 1989 27 40 Wildlife Act 1975 28 Part 4—Repeal of amending Act 29 41 Repeal of amending Act 29 ═══════════════ Endnotes 30 1 General information 30 -- 2 of 32 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Emergency Management (Control of Response Activities and Other Matters) Act 2015 † No. 43 of 2015 [Assented to 22 September 2015] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purposes The main purposes of this Act are— (a) to amend the Emergency Management Act 2013— Victoria -- 3 of 32 -- Part 1—Preliminary Emergency Management (Control of Response Activities and Other Matters) Act 2015 No. 43 of 2015 2 Authorised by the Chief Parliamentary Counsel (i) to provide for the appointment of controllers in relation to Class 1 emergencies and Class 2 emergencies; and (ii) to require agencies to act in accordance with the state emergency response plan; and (iii) to enable the state emergency response plan to be updated and to require the inclusion of specific provisions in the state emergency response plan; and (iv) to amend the functions of the Inspector- General for Emergency Management in relation to monitoring and reporting outcomes of reports and reviews and to amend the powers of the Inspector- General for Emergency Management in relation to information gathering, receiving assistance and entry to certain premises, vehicles, vessels and aircraft; and (b) to amend the Victoria State Emergency Service Act 2005 in relation to insurance policies and powers to enter land and premises and in relation to levees; and (c) to amend the Country Fire Authority Act 1958 and the Metropolitan Fire Brigades Act 1958 in relation to levies, authorisations and fire insurance policies; and (d) to amend various other Acts in relation to offences concerning levees. 2 Commencement (1) This Act, except sections 6, 10, 11, 15, 26(2) and 27 and Division 4 of Part 3, comes into operation on the day after the day on which it receives the Royal Assent. -- 4 of 32 -- Part 1—Preliminary Emergency Management (Control of Response Activities and Other Matters) Act 2015 No. 43 of 2015 3 Authorised by the Chief Parliamentary Counsel (2) Subject to subsection (3)— (a) sections 6, 10, 11 and 15 come into operation on a day to be proclaimed; and (b) sections 26(2) and 27 and Division 4 of Part 3 come into operation on a day to be proclaimed. (3) If a provision referred to in subsection (2) does not come into operation before 1 December 2016, it comes into operation on that day. 3 Principal Act In this Act, the Emergency Management Act 2013 is called the Principal Act. -- 5 of 32 -- Part 2—Amendments to the Emergency Management Act 2013 Emergency Management (Control of Response Activities and Other Matters) Act 2015 No. 43 of 2015 4 Authorised by the Chief Parliamentary Counsel Part 2—Amendments to the Emergency Management Act 2013 4 Section 7 substituted For section 7 of the Principal Act substitute— "7 Role of State Crisis and Resilience Council The role of the State Crisis and Resilience Council is— (a) to act as the peak crisis and emergency management advisory body in Victoria responsible for providing advice to the Minister in relation to— (i) the whole of government policy and strategy for emergency management in Victoria; and (ii) the implementation of that policy and strategy; and (b) to consider any state emergency response plan or updated state emergency response plan submitted by the Emergency Management Commissioner to the State Crisis and Resilience Council for approval.". 5 Acting Emergency Management Commissioner (1) After section 30(1) of the Principal Act insert— "(1A) The Minister may appoint a person to act in the office of the Emergency Management Commissioner during a period when the Emergency Management Commissioner is absent from duty.". (2) In section 30(2) of the Principal Act, after "subsection (1)" insert "or (1A)". -- 6 of 32 -- Part 2—Amendments to the Emergency Management Act 2013 Emergency Management (Control of Response Activities and Other Matters) Act 2015 No. 43 of 2015 5 Authorised by the Chief Parliamentary Counsel 6 Functions of the Emergency Management Commissioner In section 32(1)(b) of the Principal Act, after "Class 2 emergency" insert "and that the relevant agencies act in accordance with the state emergency response plan and any directions made under section 55A(4)". 7 Powers of the Emergency Management Commissioner In section 33 of the Principal Act, for "with," substitute "with". 8 Control of emergency response to Class 1 emergency (1) For section 37(1) of the Principal Act substitute— "(1) The Emergency Management Commissioner (acting in accordance with the state emergency response plan) must appoint a State Response Controller to be responsible for the control of response activities in relation to— (a) planning for each anticipated Class 1 emergency in any area of the State; and (b) each Class 1 emergency in any area of the State that is occurring or has occurred.". (2) For section 37(3) of the Principal Act substitute— "(3) The appointment of the State Response Controller under subsection (1) has effect for the period specified in writing by the Emergency Management Commissioner.". -- 7 of 32 -- Part 2—Amendments to the Emergency Management Act 2013 Emergency Management (Control of Response Activities and Other Matters) Act 2015 No. 43 of 2015 6 Authorised by the Chief Parliamentary Counsel (3) For section 37(5) and (6) of the Principal Act substitute— "(5) A State Response Controller (acting in accordance with the state emergency response plan) may appoint one or more controllers for a Class 1 emergency who has or have relevant expertise in managing hazards relevant to the Class 1 emergency. (6) The appointment of a controller under subsection (5) has effect for the period specified in writing by the State Response Controller. (6A) The Emergency Management Commissioner— (a) may endorse persons who have relevant expertise in managing hazards relevant to a Class 1 emergency as controllers; and (b) must ensure that a current list of endorsed controllers is maintained. (6B) In accordance with the state emergency response plan, a State Response Controller (or a controller as directed by a State Response Controller) may deploy to a Class 1 emergency a person who is endorsed as a controller under subsection (6A)(a). (6C) The State Response Controller must ensure that a written record of the deployment of a controller under subsection (6B) is made within 24 hours after the period of the deployment commences.". (4) In section 37(7) of the Principal Act— (a) for "an assistant" substitute "an appointed or deployed"; (b) for "them" substitute "that Chief Officer". -- 8 of 32 -- Part 2—Amendments to the Emergency Management Act 2013 Emergency Management (Control of Response Activities and Other Matters) Act 2015 No. 43 of 2015 7 Authorised by the Chief Parliamentary Counsel 9 Control of response to fire other than a major fire (1) In section 38(5)(a) of the Principal Act omit "assistant". (2) In section 38(6) of the Principal Act, for "subsection (4) or" insert "subsection (3) or (4) or a controller under subsection". (3) In section 38(7) of the Principal Act, for "subsection (3), (4) or (5)(a)" substitute "subsection (3) or (4) or a controller appointed under subsection (5)(a)". 10 Control of emergency response to Class 2 emergencies (1) For section 39(1), (2), (3) and (4) of the Principal Act substitute— "(1) The officer in charge of an agency having overall control of response activities in relation to a Class 2 emergency may, with the consent of the officer in charge of another agency and in accordance with the state emergency response plan, transfer control of any response activity in relation to that emergency to any officer of that other agency. (2) Acting in accordance with the state emergency response plan, the officer in charge of an agency having overall control of response activities in relation to a Class 2 emergency or an officer in charge of another agency to which control of any response activity is transferred under subsection (1) may— (a) appoint one or more controllers in relation to— -- 9 of 32 -- Part 2—Amendments to the Emergency Management Act 2013 Emergency Management (Control of Response Activities and Other Matters) Act 2015 No. 43 of 2015 8 Authorised by the Chief Parliamentary Counsel (i) planning for each anticipated Class 2 emergency in any area of the State; and (ii) each Class 2 emergency in any area of the State that is occurring or has occurred; or (b) transfer control of any response activity to one or more other persons.". (2) In section 39(5) of the Principal Act, for "an officer under subsection (4)(a)" substitute "a controller under subsection (2)(a)". (3) In section 39(6) of the Principal Act, for "subsection (3) or an officer appointed under subsection (4)(a)" substitute "subsection (1) or a controller appointed under subsection (2)(a)". 11 Emergency Management Commissioner may advise or direct officers to exercise control powers In section 40(b) of the Principal Act— (a) for "section 39(3)" substitute "section 39(1)"; (b) for "section 39(4)" substitute "section 39(2)". 12 New sections 53 and 53A substituted For section 53 of the Principal Act substitute— "53 Preparation, approval and updating of state emergency response plan (1) The Emergency Management Commissioner must— (a) arrange for the preparation of a state emergency response plan for the coordinated response to emergencies by all agencies having roles or -- 10 of 32 -- Part 2—Amendments to the Emergency Management Act 2013 Emergency Management (Control of Response Activities and Other Matters) Act 2015 No. 43 of 2015 9 Authorised by the Chief Parliamentary Counsel responsibilities in relation to the response to emergencies; and (b) as required, ensure that the state emergency response plan is updated. (2) After a state emergency response plan is prepared or updated, the Emergency Management Commissioner must submit the state emergency response plan or updated state emergency response plan to the State Crisis and Resilience Council for approval. (3) The State Crisis and Resilience Council may approve the state emergency response plan or updated state emergency response plan. (4) The state emergency response plan which is in force under this section immediately before the commencement of section 12 of the Emergency Management (Control of Response Activities and Other Matters) Act 2015 is taken to have been prepared and approved under this section. 53A Urgent update of state emergency response plan (1) This section applies if the Emergency Management Commissioner is of the opinion that an update to the state emergency response plan is urgent and— (a) there is a significant risk that life or property will be endangered if the state emergency response plan is not updated; and (b) complying with the requirements of section 53 is not practicable in the circumstances. -- 11 of 32 -- Part 2—Amendments to the Emergency Management Act 2013 Emergency Management (Control of Response Activities and Other Matters) Act 2015 No. 43 of 2015 10 Authorised by the Chief Parliamentary Counsel (2) The Emergency Management Commissioner is not required to comply with the requirements in section 53 in relation to updating the state emergency response plan. (3) The Emergency Management Commissioner may update the state emergency response plan in accordance with this section. (4) An update to the state emergency response plan made by the Emergency Management Commissioner under this section— (a) comes into operation when it is published in accordance with section 55(a); and (b) remains in force for a period of 3 months after it is published. (5) The State Crisis and Resilience Council may revoke any update made to the state emergency response plan under this section.". 13 Contents of state emergency response plan After section 54(e) of the Principal Act insert— "(ea) specifying the process by which the State Response Controller is appointed and controllers in relation to Class 1 emergencies are appointed or deployed under section 37; and (eb) specifying the process by which controllers in relation to Class 2 emergencies are appointed under section 39; and (ec) specifying the roles and responsibilities of the State Response Controller and controllers who are appointed or deployed under section 37 or 39, as the case may be; and -- 12 of 32 -- Part 2—Amendments to the Emergency Management Act 2013 Emergency Management (Control of Response Activities and Other Matters) Act 2015 No. 43 of 2015 11 Authorised by the Chief Parliamentary Counsel (ed) enabling the determination of the priority of the response roles of agencies having roles or responsibilities under the state emergency response plan; and". 14 Section 55 substituted For section 55 of the Principal Act substitute— "55 Publication of state emergency response plan or updated state emergency response plan As soon as practicable after the state emergency response plan or updated state emergency response plan is approved under section 53(3) or made under 53A, the Emergency Management Commissioner must— (a) publish the state emergency response plan or updated state emergency response plan in a manner determined by the Emergency Management Commissioner; and (b) forward a copy of the state emergency response plan or updated state emergency response plan to each agency to which it applies.". 15 New section 55A inserted After section 55 of the Principal Act insert— "55A Compliance with state emergency response plan (1) Subject to subsection (3), an agency that has a role or responsibility under the state emergency response plan in relation to the emergency response to a Class 1 emergency or a Class 2 emergency must act in accordance with the state emergency response plan. -- 13 of 32 -- Part 2—Amendments to the Emergency Management Act 2013 Emergency Management (Control of Response Activities and Other Matters) Act 2015 No. 43 of 2015 12 Authorised by the Chief Parliamentary Counsel (2) Subsection (3) applies if there is a conflict between the state emergency response plan and any duty, function or power conferred on an agency referred to in subsection (1) by— (a) the common law; or (b) an Act or regulation (whether of Victoria, another State or the Commonwealth); or (c) a licence granted under an Act or regulation referred to in paragraph (b); or (d) an intergovernmental agreement, arrangement or plan that is specified in the state emergency response plan and relates to the emergency response to a Class 1 emergency or a Class 2 emergency; or (e) a term or condition of an agreement to which an agency referred to in subsection (1) is a party and that is in relation to the emergency response to a Class 1 emergency or a Class 2 emergency. (3) The Act, regulation, common law, intergovernmental agreement, arrangement or plan or term or condition referred to in subsection (2) prevails to the extent of its inconsistency with the state emergency response plan and the agency referred to in subsection (1) is taken to have complied with the state emergency response plan if it performs that duty, function or power. (4) The Emergency Management Commissioner may direct in writing an agency referred to in subsection (1) to act in accordance with the state emergency response plan if the -- 14 of 32 -- Part 2—Amendments to the Emergency Management Act 2013 Emergency Management (Control of Response Activities and Other Matters) Act 2015 No. 43 of 2015 13 Authorised by the Chief Parliamentary Counsel Emergency Management Commissioner is of the opinion that— (a) the agency has failed to act in accordance with the state emergency response plan; and (b) the agency's failure is likely to have significant consequences. (5) If requested by the Emergency Management Commissioner, an agency referred to in subsection (1) must provide reasons in writing to the Emergency Management Commissioner for any failure on its part to act in accordance with a direction given under subsection (4) that has significant consequences.". 16 Regional and municipal district emergency response coordinators In section 56(2) of the Principal Act, for "directions concerning" substitute "directions, in accordance with the state emergency response plan, which concern". 17 New section 60A inserted Before section 61 of the Principal Act insert— "60A Definition In this Part— relevant agency means any of the following— (a) an agency or Department; (b) the Emergency Management Commissioner; (c) the Emergency Services Telecommunications Authority; -- 15 of 32 -- Part 2—Amendments to the Emergency Management Act 2013 Emergency Management (Control of Response Activities and Other Matters) Act 2015 No. 43 of 2015 14 Authorised by the Chief Parliamentary Counsel (d) Victoria Police as established by section 6 of the Victoria Police Act 2013; (e) any municipal council; (f) any other public entity within the meaning of section 5 of the Public Administration Act 2004; (g) any non-government body or organisation prescribed for the purposes of this Part.". 18 Functions of the Inspector-General for Emergency Management (1) After section 64(1)(b) of the Principal Act insert— "(ba) monitor and report to the Minister on the implementation of recommendations arising from reviews referred to in paragraph (b); and". (2) After section 64(1)(c) of the Principal Act insert— "(ca) at the request of the Minister, monitor and report to the Minister on the implementation of recommendations arising from reports referred to in paragraph (c) and from reports in relation to the emergency management sector in whole or in part; and". (3) After section 64(3) of the Principal Act insert— "(4) In performing the function of monitoring under this section in relation to recommendations or the Strategic Action Plan, the Inspector-General for Emergency Management may assess— -- 16 of 32 -- Part 2—Amendments to the Emergency Management Act 2013 Emergency Management (Control of Response Activities and Other Matters) Act 2015 No. 43 of 2015 15 Authorised by the Chief Parliamentary Counsel (a) the progress of the relevant agency in implementing the recommendations or the Strategic Action Plan; and (b) the effectiveness of the method used by the relevant agency in implementing the recommendations or the Strategic Action Plan; and (c) the efficacy of the implemented recommendations or the Strategic Action Plan.". 19 Information gathering for purpose of section 64(1)(b), (ba), (c), (ca), (f), (g) or (ga) (1) In the heading to section 69 of the Principal Act, for "section 64(1)(b), (c), (f) or (g)" substitute "section 64(1)(b), (ba), (c), (ca), (f), (g) or (ga)". (2) In section 69(1) of the Principal Act, for "the function specified in sections 64(1)(b), (c), (f) or (g)" substitute "a function specified in section 64(1)(b), (ba), (c), (ca), (f), (g) or (ga)". (3) Section 69(5) of the Principal Act is repealed. 20 Provisions for reviews and reports for the purposes of section 64(1)(b), (ba), (c), (ca) or (ga) (1) In the heading to section 70 of the Principal Act, for "section 64(1)(b) or (c)" substitute "section 64(1)(b), (ba), (c), (ca) or (ga)". (2) In section 70(1) of the Principal Act, for "section 64(1)(b) or (c)" substitute "section 64(1)(b), (ba), (c), (ca) or (ga)". -- 17 of 32 -- Part 2—Amendments to the Emergency Management Act 2013 Emergency Management (Control of Response Activities and Other Matters) Act 2015 No. 43 of 2015 16 Authorised by the Chief Parliamentary Counsel 21 New sections 70A and 70B inserted After section 70 of the Principal Act insert— "70A Power of entry (1) Subject to subsection (2), if the Inspector- General for Emergency Management reasonably believes it is necessary for the purposes of enabling the Inspector-General for Emergency Management to perform any function or exercise any power under this Part, the Inspector-General for Emergency Management or any person performing any function or exercising any power on behalf of the Inspector-General for Emergency Management or engaged by the Inspector- General for Emergency Management may— (a) enter the premises of a relevant agency or a relevant agency's vehicle, vessel or aircraft at any time; and (b) inspect any document or other thing found at those premises or in that vehicle, vessel or aircraft; and (c) remain at the premises or in the vehicle, vessel or aircraft and observe the operation of a system, procedure, thing or activity. (2) The Inspector-General for Emergency Management or a person referred to in subsection (1) may not enter the premises, vehicle, vessel or aircraft of a relevant agency under subsection (1) unless the Inspector-General for Emergency Management or that person— (a) has in writing requested consent from the relevant agency in relation to the proposed entry; and -- 18 of 32 -- Part 2—Amendments to the Emergency Management Act 2013 Emergency Management (Control of Response Activities and Other Matters) Act 2015 No. 43 of 2015 17 Authorised by the Chief Parliamentary Counsel (b) has obtained consent from the relevant agency. (3) Within 7 days after receiving a request for consent under subsection (2)(a), a relevant agency must provide the Inspector-General for Emergency Management or the person requesting consent with a written response to the request for consent. (4) A relevant agency must not unreasonably refuse to give consent. (5) If the Inspector-General for Emergency Management reasonably believes that it is urgent that the premises, vehicle, vessel or aircraft of a relevant agency be entered under subsection (1) before the 7 days specified in subsection (3), the Inspector-General for Emergency Management may specify a shorter period within which a response is to be provided under subsection (3). 70B Reasonable assistance to be given to Inspector-General for Emergency Management The Inspector-General for Emergency Management may, by written notice and to the extent that is reasonably necessary to enable the Inspector-General for Emergency Management or any person performing any function or exercising any power on behalf of the Inspector-General for Emergency Management or engaged by the Inspector- General for Emergency Management to perform any function or exercise any power under this Part, require a relevant agency to give reasonable assistance to the Inspector- General for Emergency Management or that person.". -- 19 of 32 -- Part 2—Amendments to the Emergency Management Act 2013 Emergency Management (Control of Response Activities and Other Matters) Act 2015 No. 43 of 2015 18 Authorised by the Chief Parliamentary Counsel 22 Confidential information In section 72(2) of the Principal Act, for "section 64(1)(b) or (c)" substitute "section 64(1)(b), (ba), (c), (ca) or (ga)". 23 Constraints on access to information not to apply In section 73(1) of the Principal Act omit "within the meaning of section 69(5)". 24 Protection of person providing information In section 74 of the Principal Act, after "section 69" insert "or 70B". 25 Immunity In section 75(1) and (2) of the Principal Act, for "Commissioner or a State Response Controller" substitute "Commissioner, a State Response Controller or a controller appointed or deployed under section 37". -- 20 of 32 -- Part 3—Amendments to other Acts Emergency Management (Control of Response Activities and Other Matters) Act 2015 No. 43 of 2015 19 Authorised by the Chief Parliamentary Counsel Part 3—Amendments to other Acts Division 1—Victoria State Emergency Service Act 2005 26 Definitions (1) In section 3 of the Victoria State Emergency Service Act 2005 insert the following definition— "State Response Controller has the same meaning as in section 3 of the Emergency Management Act 2013;". (2) In section 3 of the Victoria State Emergency Service Act 2005 insert the following definition— "levee means a mound or bank (whether or not on a waterway), the purpose of which is to obstruct or deflect the flow of water over the surface of land;". 27 New sections 32AA, 32AB and 32AC inserted After section 32 of the Victoria State Emergency Service Act 2005 insert— "32AA Application of sections 32AB and 32AC Sections 32AB and 32AC apply to the following persons— (a) a Service member; (b) a person who voluntarily places the person's services at the disposal of the Chief Officer, Operations and is directed by a Service member, either individually or as a member of any agency— (i) in the case of section 32AB, to enter land or premises; or -- 21 of 32 -- Part 3—Amendments to other Acts Emergency Management (Control of Response Activities and Other Matters) Act 2015 No. 43 of 2015 20 Authorised by the Chief Parliamentary Counsel (ii) in the case of section 32AC, to enter land or premises and— (A) construct, remove or alter a levee on that land or at those premises; or (B) remove debris from that land or those premises. 32AB Power of entry (1) A person to whom this section applies may enter any land or premises— (a) with the written or oral consent of the occupier of the land or premises; or (b) without the consent of the occupier of the land or premises if a Service member reasonably believes that entry to the land or premises is urgently required to protect life or property in the course of— (i) responding to, or preparing for, a flood, earthquake or storm; or (ii) providing a rescue service. (2) For the purposes of this section, if a Service member or a State Response Controller or a controller appointed or deployed under section 37 of the Emergency Management Act 2013 has entered any land or premises without consent, in accordance with this section, that person must notify in writing the occupier of the land or premises about the entry and any actions taken on the land or at the premises within 7 days after the entry. Note See section 37(7) of the Emergency Management Act 2013. -- 22 of 32 -- Part 3—Amendments to other Acts Emergency Management (Control of Response Activities and Other Matters) Act 2015 No. 43 of 2015 21 Authorised by the Chief Parliamentary Counsel 32AC Power to construct, remove or alter levee and remove debris (1) A person to whom this section applies and who has entered land or premises in accordance with section 32AB— (a) may construct, remove or alter a levee on that land or at those premises if a Service member reasonably believes that the construction, removal or alteration is required to protect life or property; and (b) may remove from that land or those premises debris (including any fallen tree) if a Service member reasonably believes that the removal is required to protect life or property. (2) Subject to subsection (3), the Authority must ensure that, as soon as practicable after the threat to life or property has passed (or at a time agreed to by the Authority and the occupier) and to the extent that is reasonable in the circumstances— (a) any levee constructed under this section is removed; and (b) any levee removed under this section is replaced; and (c) any levee altered under this section is restored. -- 23 of 32 -- Part 3—Amendments to other Acts Emergency Management (Control of Response Activities and Other Matters) Act 2015 No. 43 of 2015 22 Authorised by the Chief Parliamentary Counsel (3) The Authority is not required to comply with subsection (2) if the construction, removal or alteration of the levee or the removal of the debris is taken, under section 43, to be damage to property caused by the emergency which gave rise to the involvement of the Service within the meaning of any policy of insurance covering the property.". 28 Section 43 substituted For section 43 of the Victoria State Emergency Service Act 2005 substitute— "43 Insurance policies (1) This section applies in relation to any damage caused during an emergency by— (a) a Service member in the exercise of any power or the performance of any duty conferred or imposed by or under this Act; or (b) a State Response Controller or a controller (appointed or deployed under the Emergency Management Act 2013) in the exercise of any power or authority under this Act; or (c) a person who (as a result of the emergency) voluntarily placed the person's services at the disposal of the Chief Officer, Operations and was directed by a Service member, either individually or as a member of any agency— (i) in the case of section 32AB, to enter land or premises; or -- 24 of 32 -- Part 3—Amendments to other Acts Emergency Management (Control of Response Activities and Other Matters) Act 2015 No. 43 of 2015 23 Authorised by the Chief Parliamentary Counsel (ii) in the case of section 32AC, to enter land or premises and— (A) construct, remove or alter a levee on that land or at those premises; or (B) remove debris from that land or those premises. Note In relation to paragraph (b), see section 37(7) of the Emergency Management Act 2013. (2) Damage to which this section applies is taken to be damage caused by the emergency which gave rise to the involvement of the Service or the State Response Controller or a controller within the meaning of any policy of insurance covering the property so damaged, despite any clause or condition to the contrary in the policy.". Division 2—Country Fire Authority Act 1958 29 Definitions In section 3(1) of the Country Fire Authority Act 1958 insert the following definition— "State Response Controller has the same meaning as in section 3 of the Emergency Management Act 2013;". 30 Authorisation of certain persons After section 30A(2)(a)(iii) of the Country Fire Authority Act 1958 insert— "(iv) a State Response Controller or a controller appointed or deployed under section 37 of the Emergency Management Act 2013; or". -- 25 of 32 -- Part 3—Amendments to other Acts Emergency Management (Control of Response Activities and Other Matters) Act 2015 No. 43 of 2015 24 Authorised by the Chief Parliamentary Counsel 31 Country Fire Authority Act 1958—annual estimate of expenditure and revenue (1) In section 75(1) of the Country Fire Authority Act 1958, for "to determine the levy rate under section 12 of the Fire Services Property Levy Act 2012" substitute "administering the Fire Services Property Levy Act 2012 to determine the levy rate under that Act". (2) In section 75(2) of the Country Fire Authority Act 1958 omit "and that determination has no force or effect until it is approved by the Governor in Council". 32 Damage to be covered by fire insurance (1) In section 93(1) of the Country Fire Authority Act 1958— (a) in paragraph (f), for "brigade." substitute "brigade; or"; (b) after paragraph (f) insert— "(g) a State Response Controller or any controller appointed or deployed under section 37 of the Emergency Management Act 2013.". (2) At the foot of section 93(1) of the Country Fire Authority Act 1958 insert— "Note In relation to paragraph (g), see section 37(7) of the Emergency Management Act 2013.". Division 3—Metropolitan Fire Brigades Act 1958 33 Metropolitan Fire Brigades Act 1958—annual estimate of expenditure and revenue (1) In section 36(1) of the Metropolitan Fire Brigades Act 1958, for "to determine the levy rate under section 12 of the Fire Services -- 26 of 32 -- Part 3—Amendments to other Acts Emergency Management (Control of Response Activities and Other Matters) Act 2015 No. 43 of 2015 25 Authorised by the Chief Parliamentary Counsel Property Levy Act 2012" substitute "administering the Fire Services Property Levy Act 2012 to determine the levy rate under that Act". (2) In section 36(2) of the Metropolitan Fire Brigades Act 1958 omit "and that determination has no force or effect until it is approved by the Governor in Council". 34 Damage to be covered by fire insurance (1) In section 54(1) of the Metropolitan Fire Brigades Act 1958— (a) in paragraph (e), for "brigade." substitute "brigade; or"; (b) after paragraph (e) insert— "(f) a State Response Controller (within the meaning of section 3 of the Emergency Management Act 2013) or any controller appointed or deployed under section 37 of that Act.". (2) At the foot of section 54(1) of the Metropolitan Fire Brigades Act 1958 insert— "Note In relation to paragraph (f), see section 37(7) of the Emergency Management Act 2013.". Division 4—Amendments to other Acts in relation to offences and liability concerning levees 35 Crown Land (Reserves) Act 1978 After section 21AA(2) of the Crown Land (Reserves) Act 1978 insert— "(2A) Subsection (1)(a) does not apply to a person if the person constructs, removes or alters a levee in accordance with section 32AC of the -- 27 of 32 -- Part 3—Amendments to other Acts Emergency Management (Control of Response Activities and Other Matters) Act 2015 No. 43 of 2015 26 Authorised by the Chief Parliamentary Counsel Victoria State Emergency Service Act 2005.". 36 Forests Act 1958 After section 96F(2) of the Forests Act 1958 insert— "(2A) Subsection (1)(a) does not apply to a person if the person constructs, removes or alters a levee in accordance with section 32AC of the Victoria State Emergency Service Act 2005.". 37 Land Act 1958 After section 190A(2) of the Land Act 1958 insert— "(2A) Subsection (1)(a) does not apply to a person if the person constructs, removes or alters a levee in accordance with section 32AC of the Victoria State Emergency Service Act 2005.". 38 National Parks Act 1975 (1) After section 27(4) of the National Parks Act 1975 insert— "(5) This section does not apply in relation to the Victoria State Emergency Service Authority established under section 4 of the Victoria State Emergency Service Act 2005 or any person referred to in section 32AA of that Act exercising a power of entry under section 32AB of that Act or a power to construct, remove or alter a levee or remove debris under section 32AC of that Act.". -- 28 of 32 -- Part 3—Amendments to other Acts Emergency Management (Control of Response Activities and Other Matters) Act 2015 No. 43 of 2015 27 Authorised by the Chief Parliamentary Counsel (2) After section 44B(2) of the National Parks Act 1975 insert— "(2A) Subsection (1)(a) does not apply to a person if the person constructs, removes or alters a levee in accordance with section 32AC of the Victoria State Emergency Service Act 2005.". 39 Water Act 1989 (1) In section 20(1)(i) of the Water Act 1989, for "aquifer." substitute "aquifer;". (2) After section 20(1)(i) of the Water Act 1989 insert— "(j) in the case of a flow of, or interference with, water caused by the construction, removal or alteration of a levee in accordance with section 32AC of the Victoria State Emergency Service Act 2005, whether or not that construction, removal or alteration occurred in response to an emergency within the meaning of section 3 of the Emergency Management Act 2013.". (3) After section 20(2) of the Water Act 1989 insert— "(2A) Subsection (2B) applies in the case of determining whether a flow of, or interference with, water caused by the construction, removal or alteration of a levee in accordance with section 32AC of the Victoria State Emergency Service Act 2005 is reasonable or not reasonable. (2B) Despite subsection (2), in taking account of the matters specified in subsection (1), greatest weight must be attached to whether or not the construction, removal or alteration referred to in subsection (2A) occurred in response to an emergency within the -- 29 of 32 -- Part 3—Amendments to other Acts Emergency Management (Control of Response Activities and Other Matters) Act 2015 No. 43 of 2015 28 Authorised by the Chief Parliamentary Counsel meaning of section 3 of the Emergency Management Act 2013.". 40 Wildlife Act 1975 After section 21AAA(2) of the Wildlife Act 1975 insert— "(2A) Subsection (1)(a) does not apply to a person if the person constructs, removes or alters a levee in accordance with section 32AC of the Victoria State Emergency Service Act 2005.". -- 30 of 32 -- Part 4—Repeal of amending Act Emergency Management (Control of Response Activities and Other Matters) Act 2015 No. 43 of 2015 29 Authorised by the Chief Parliamentary Counsel Part 4—Repeal of amending Act 41 Repeal of amending Act This Act is repealed on 1 December 2017. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ -- 31 of 32 -- Endnotes Emergency Management (Control of Response Activities and Other Matters) Act 2015 No. 43 of 2015 30 Authorised by the Chief Parliamentary Counsel Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 5 August 2015 Legislative Council: 20 August 2015 The long title for the Bill for this Act was "A Bill for an Act to make miscellaneous amendments to the Emergency Management Act 2013, the Victoria State Emergency Service Act 2005, the Country Fire Authority Act 1958, the Metropolitan Fire Brigades Act 1958 and various other Acts and for other matters." -- 32 of 32 --