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This is a Bill, not an Act. For current law, see the Acts databases.
EMERGENCIES (BUSHFIRE WARNINGS) AMENDMENT BILL 2009
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mr Brendan Smyth)
Emergencies
(Bushfire Warnings) Amendment Bill 2009
Contents
Page
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mr Brendan Smyth)
Emergencies (Bushfire
Warnings) Amendment Bill 2009
A Bill for
An Act to amend the
Emergencies Act
2004
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Emergencies (Bushfire Warnings) Amendment
Act 2009.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Emergencies Act 2004.
insert
Part 5.3A Bushfire
warnings
85A Meaning of fire danger
index
(1) In this Act:
fire danger index means an index worked out—
(a) using the McArthur Mk 5 Forest Fire Danger Meter; or
(b) if the Minister determines another way for working out the fire danger
index—in that way.
(2) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
85B Fire danger indexes
(1) The Minister must issue a fire danger index in the ACT
for—
(a) each day during the bushfire season; and
(b) any day outside the bushfire season for which the fire danger index is
25 or higher.
(2) If the fire danger index issued under subsection (1) for a day is 25
or higher, the Minister must also issue any later increase in the index for the
day.
(3) If the fire danger index issued under subsection (1) (a) for a day is
lower than 25 but the index increases to 25 or higher during the day, the
Minister must also issue the increase and any later increase in the index for
the day.
85C Bushfire warnings
(1) If the fire danger index is 25 or higher, the Minister must also issue
a bushfire warning with the index.
(2) A bushfire warning issued under subsection (1) must include the
following:
(a) the fire danger index;
(b) the bushfire activity category mentioned in table 85C, column 3
for the fire danger index;
(c) the bushfire warning level mentioned in table 85C, column 4 for
the fire danger index;
(d) the locations or suburbs to which the warning applies;
(e) if the fire danger index is 49 or lower—a recommendation that
people consider their readiness for a bushfire and quickly decide whether to
stay and defend their location or whether to evacuate;
(f) if the fire danger index is 50 or higher—a recommendation that,
if people have not prepared their location for a bushfire and do not have the
experience to stay and defend their location, they should evacuate before a fire
starts;
(g) a statement to the effect that the conditions may cause fires to
develop very quickly into very large, uncontrollable bushfires that may lead to
loss of life and property;
(h) information about where people should go if they decide to
evacuate;
(i) sources of further information.
Examples—par (i)
1 Canberra radio stations
2 Canberra television stations
3 The Canberra Times newspaper
4 Bureau of Meteorology website
5 Canberra Connect website
6 ACT Government website
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
Table 85C Bushfire activity and warning
levels
column 1
item
|
column 2
fire danger index
|
column 3
bushfire activity
category
|
column 4
bushfire warning level
|
1
|
25 – 49
|
very high
|
general
|
2
|
50 – 74
|
extreme
|
1
|
3
|
75 – 99
|
extreme
|
2
|
4
|
100 or higher
|
extreme
|
3
|
85D Issuing fire danger indexes and bushfire
warnings
(1) An index (and any related bushfire warning) required to be issued
under section 85B and section 85C must be issued—
(a) as soon as practicable after the index is worked out; and
(b) by ensuring that it is—
(i) broadcast in the ACT by television and radio; and
(ii) except for an index (and any related bushfire warning) issued under
section 85B (2) or (3)—published in a daily newspaper.
(2) An index (and any related bushfire warning) may also be broadcast in
the ACT by—
(a) telephone; or
(b) any other electronic means.
Example—par (b)
the Internet
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
85E Public education about bushfire
warnings
(1) The Minister must undertake a public education program to increase
public awareness of—
(a) the fire danger index and corresponding bushfire activity categories
and bushfire warning levels; and
(b) the potential consequences of different fire danger indexes;
and
(c) the action to be undertaken by members of the public when a bushfire
warning is issued.
(2) The Minister must report annually to the Legislative Assembly about
the progress of the public education program.
5 Bushfire
seasonSection 119 (1)
omit
division
substitute
Act
6 Dictionary,
definition of bushfire season
substitute
bushfire season—see section 119.
7 Dictionary,
new definition of fire danger index
insert
fire danger index—see section 85A.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2009.
2 Notification
Notified under the Legislation Act on 2009.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2009
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