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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Emergency Management Amendment Bill 2016
Contents
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 3 amended 2
5. Sections 4 to 6 replaced 4
4. Emergency management agencies 4
6. Part 2A inserted 4
Part 2A -- Hazards and hazard management
agencies
10A. Term used: hazard 4
10B. Minister or State Emergency Coordinator
may make hazard declaration 5
10C. Variation or revocation of hazard
declaration 7
10D. Hazard management agencies 7
10E. Delegation by hazard management
agency 9
7. Section 13 amended 9
8. Section 14 amended 10
9. Section 16 amended 10
10. Section 21 amended 11
11. Section 26 amended 11
12. Section 30 amended 12
13. Section 32 amended 12
14. Section 35 amended 12
15. Section 41 amended 13
16. Part 3 Division 3 heading replaced 14
Division 3 -- Powers of local government relating to
cyclone area
17. Section 45 amended 14
18. Section 46 amended 14
19. Section 47 amended 15
174--2 page i
Emergency Management Amendment Bill 2016
Contents
20. Part 4 heading replaced 15
Part 4 -- Emergency situation
21. Section 50 amended 15
22. Section 72 amended 17
23. Part 6 Division 3A inserted 18
Division 3A -- Powers exercisable before emergency
situation or state of emergency is declared
76B. Powers of emergency management
officers before emergency situation or
state of emergency is declared 18
24. Section 76 amended 20
25. Section 85 amended 21
26. Section 86 amended 21
27. Section 88 amended 21
28. Section 89 replaced 22
89. False or misleading information 22
29. Section 99 amended 22
30. Section 100 amended 22
31. Section 104 replaced 23
104. Transitional provision: local emergency
management plans 23
32. Schedule 1 deleted 23
33. Other provisions amended 24
page ii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Emergency Management Amendment Bill 2016
A Bill for
An Act to amend the Emergency Management Act 2005.
The Parliament of Western Australia enacts as follows:
page 1
Emergency Management Amendment Bill 2016
s. 1
1 1. Short title
2 This is the Emergency Management Amendment Act 2016.
3 2. Commencement
4 This Act comes into operation as follows --
5 (a) sections 1 and 2 -- on the day on which this Act
6 receives the Royal Assent;
7 (b) the rest of the Act -- on a day fixed by proclamation,
8 and different days may be fixed for different provisions.
9 3. Act amended
10 This Act amends the Emergency Management Act 2005.
11 4. Section 3 amended
12 (1) In section 3 delete the definitions of:
13 combat agency
14 emergency management agency
15 hazard
16 hazard management agency
17 support organisation
18 (2) In section 3 insert in alphabetical order:
19
20 emergency management agency means --
21 (a) a hazard management agency; or
22 (b) a public authority, or other person, prescribed
23 under section 4(1);
24 emergency management aspect means an aspect of
25 emergency management described in paragraph (a),
26 (b), (c) or (d) of the definition of emergency
27 management;
page 2
Emergency Management Amendment Bill 2016
s. 4
1 emergency management officer has the meaning given
2 in section 76B(1);
3 essential services means the services prescribed by the
4 regulations for the purposes of this definition;
5 hazard has the meaning given in section 10A;
6 hazard declaration means a declaration made under
7 section 10B(1);
8 hazard management agency means a hazard
9 management agency prescribed under section 10D(1)
10 or appointed under section 10D(2);
11 local emergency management plan has the meaning
12 given in section 41(1);
13 response has the meaning given in paragraph (c) of the
14 definition of emergency management;
15 terrorist act has the meaning given in The Criminal
16 Code section 100.1 set out in the Schedule to the
17 Criminal Code Act 1995 (Commonwealth);
18
19 (3) In section 3 in the definition of emergency management delete
20 "the management of the adverse effects of an emergency
21 including --" and insert:
22
23 all aspects of managing the adverse effects of an emergency,
24 namely --
25
26 (4) In section 3:
27 (a) in the definition of emergency management after each
28 of paragraphs (a) and (b) and in the definition of
29 personal details after each of paragraphs (a) and (b)
30 insert:
31
32 and
33
page 3
Emergency Management Amendment Bill 2016
s. 5
1 (b) in the definition of public authority after each of
2 paragraphs (a) to (d) insert:
3
4 or
5
6 5. Sections 4 to 6 replaced
7 Delete sections 4 to 6 and insert:
8
9 4. Emergency management agencies
10 (1) A public authority, or other person, may be prescribed
11 by the regulations to be an emergency management
12 agency responsible for an activity prescribed by the
13 regulations that relates to emergency management (a
14 prescribed emergency activity).
15 (2) A public authority or person can be prescribed as an
16 emergency management agency responsible for a
17 prescribed emergency activity if, because of their
18 functions under any written law or specialised
19 knowledge, expertise or resources, the authority or
20 person is responsible for performing the prescribed
21 emergency activity.
22
23 6. Part 2A inserted
24 After section 9 insert:
25
26 Part 2A -- Hazards and hazard management
27 agencies
28 10A. Term used: hazard
29 For the purposes of this Act, a hazard is --
30 (a) a cyclone, earthquake, flood, storm or tsunami;
31 or
page 4
Emergency Management Amendment Bill 2016
s. 6
1 (b) a fire; or
2 (c) a road, rail or air crash; or
3 (d) a plague or an epidemic; or
4 (e) a disruption to essential services; or
5 (f) a terrorist act or an action, or threat of action,
6 that is reasonably suspected to be a terrorist act;
7 or
8 (g) the presence, or reasonably suspected presence,
9 of an animal or plant pest or an animal or plant
10 disease; or
11 (h) an actual, imminent or reasonably suspected
12 spillage, release or escape of a hazardous
13 substance; or
14 (i) an event, situation or condition that is
15 prescribed by the regulations that is capable of
16 causing or resulting in --
17 (i) loss of life, prejudice to the safety, or
18 harm to the health, of persons or
19 animals; or
20 (ii) destruction of, or damage to, property or
21 any part of the environment;
22 or
23 (j) if a hazard declaration is in force under
24 section 10B -- the hazard that is the subject of
25 the declaration.
26 10B. Minister or State Emergency Coordinator may
27 make hazard declaration
28 (1) The Minister or the State Emergency Coordinator may
29 declare that a particular occurrence or imminent
30 occurrence of an event, situation or condition is a
31 hazard for the purposes of this Act.
page 5
Emergency Management Amendment Bill 2016
s. 6
1 (2) A hazard declaration can only be made if the Minister
2 or the State Emergency Coordinator, as the case
3 requires, is satisfied that --
4 (a) the event, situation or condition is not referred
5 to in section 10A(a) to (h) or prescribed by
6 regulations made for the purposes of
7 section 10A(i); and
8 (b) the event, situation or condition is capable of
9 causing or resulting in --
10 (i) loss of life, prejudice to the safety, or
11 harm to the health, of persons or
12 animals; or
13 (ii) destruction of, or damage to, property or
14 any part of the environment;
15 and
16 (c) the occurrence or imminent occurrence of the
17 event, situation or condition is of such a nature
18 or magnitude that it requires a significant and
19 coordinated response.
20 (3) A hazard declaration may be made orally or in writing
21 but if made orally must be put in writing as soon as is
22 practicable.
23 (4) A hazard declaration is to include --
24 (a) a description of the occurrence or imminent
25 occurrence of an event, situation or condition
26 that is declared to be a hazard; and
27 (b) the time when, and date on which, it is made.
28 (5) A hazard declaration has effect on and from the time it
29 is made.
30 (6) A hazard declaration must be --
31 (a) published for general information as soon as is
32 practicable after the declaration is made in any
page 6
Emergency Management Amendment Bill 2016
s. 6
1 manner that the Minister or the State
2 Emergency Coordinator, as the case requires,
3 considers to be appropriate having regard to the
4 circumstances and what is practicable; and
5 (b) published in the Gazette as soon as is
6 practicable after the declaration is made.
7 (7) The making of a hazard declaration does not prevent
8 the making of further hazard declarations in relation to
9 the same or a different event, situation or condition.
10 10C. Variation or revocation of hazard declaration
11 (1) The Minister may, in writing, vary or revoke a hazard
12 declaration made by the Minister.
13 (2) The State Emergency Coordinator may, in writing,
14 vary or revoke a hazard declaration made by the State
15 Emergency Coordinator.
16 (3) An instrument of variation or revocation under
17 subsection (1) or (2) must be published in the Gazette
18 as soon as is practicable after it is made.
19 10D. Hazard management agencies
20 (1) A public authority, or other person, may be prescribed
21 by the regulations to be --
22 (a) a hazard management agency for emergency
23 management of a hazard; or
24 (b) a hazard management agency for one or more
25 emergency management aspects of a hazard.
26 (2) The State Emergency Coordinator may, in writing,
27 appoint a public authority, or other person, to be a
28 hazard management agency for either or both of the
29 following emergency management aspects of a hazard
30 referred to in section 10A(j) --
31 (a) response;
page 7
Emergency Management Amendment Bill 2016
s. 6
1 (b) recovery.
2 (3) Regulations under subsection (1) or an instrument of
3 appointment under subsection (2) must specify the
4 whole of the State, or an area of the State, as the area
5 for which the public authority or person is a hazard
6 management agency.
7 (4) A public authority or person can be prescribed as a
8 hazard management agency under subsection (1) if,
9 because of their functions under any written law or
10 specialised knowledge, expertise or resources, the
11 authority or person is responsible for emergency
12 management of the hazard, or the relevant emergency
13 management aspect of the hazard, in the relevant area.
14 (5) If the hazard management agency is not an individual
15 or a body corporate, the regulations or instrument of
16 appointment must designate --
17 (a) one or more persons who are authorised to act
18 in the name of the hazard management agency
19 for the purposes of sections 50 and 53; and
20 (b) one or more persons who are authorised to act
21 in the name of the hazard management agency
22 for the purposes of authorising persons to act as
23 hazard management officers under section 55.
24 (6) In sections 50, 53 and 55 a reference to a hazard
25 management agency is to be taken to include a
26 reference to a person who is designated to act in the
27 name of a hazard management agency under
28 subsection (5) for the purposes of that section.
29 (7) The State Emergency Coordinator may, in writing,
30 vary or revoke an appointment under subsection (2).
page 8
Emergency Management Amendment Bill 2016
s. 7
1 10E. Delegation by hazard management agency
2 (1) A hazard management agency, with the approval of the
3 State Emergency Coordinator, may delegate to an
4 officer or employee of the agency any power or duty of
5 the hazard management agency under any or all of
6 sections 50, 53 and 55.
7 (2) The delegation is to be in writing.
8 (3) A delegate exercising or performing a power or duty
9 that has been delegated under this section is to be taken
10 to do so in accordance with the terms of the delegation
11 unless the contrary is shown.
12 (4) Nothing in this section limits the ability of a hazard
13 management agency to act through an officer or person
14 representing the agency.
15
16 7. Section 13 amended
17 (1) Delete section 13(3) and insert:
18
19 (3) The Minister must ensure that each member of the
20 SEMC has expertise or experience that, in the
21 Minister's opinion, is relevant to the functions of the
22 SEMC.
23 (4A) A member of the SEMC is to be paid the remuneration
24 and allowances (if any) determined in his or her case
25 by the Minister on the recommendation of the Public
26 Sector Commissioner.
27
28 (2) In section 13(2) after each of paragraphs (a) to (c) insert:
29
30 and
31
page 9
Emergency Management Amendment Bill 2016
s. 8
1 8. Section 14 amended
2 After section 14(e) insert:
3
4 (fa) to carry out, and report to the Minister on, a
5 review of the extent to which any
6 recommendations made as the result of an
7 inquiry or investigation into an emergency have
8 been implemented;
9 (fb) The Minister must cause a copy of any report
10 received by the Minister under section 14(fa) to
11 be laid before each House of Parliament within
12 30 sitting days after the day on which the
13 Minister receives the report.
14
15 9. Section 16 amended
16 Delete section 16(1) and insert:
17
18 (1) The SEMC may designate an area of the State as a
19 cyclone area on the advice of --
20 (a) the hazard management agency for emergency
21 management of cyclones in the relevant area; or
22 (b) a hazard management agency for an emergency
23 management aspect of cyclones in the relevant
24 area.
25
page 10
Emergency Management Amendment Bill 2016
s. 10
1 10. Section 21 amended
2 After section 21(3) insert:
3
4 (4A) A member of a sub-committee is to be paid the
5 remuneration and allowances (if any) determined in his
6 or her case by the Minister on the recommendation of
7 the Public Sector Commissioner.
8
9 11. Section 26 amended
10 (1) In section 26(2) delete "with the relevant hazard management
11 agency," and insert:
12
13 with the relevant hazard management agency (if any),
14
15 (2) In section 26(3):
16 (a) delete paragraphs (b) and (c);
17 (b) in paragraph (d) delete "agency;" and insert:
18
19 agency (if any); and
20
21 (3) After paragraph 26(3)(a) insert:
22
23 and
24
page 11
Emergency Management Amendment Bill 2016
s. 12
1 12. Section 30 amended
2 In section 30(a) delete "for the district in the development and
3 maintenance of emergency management arrangements for its
4 district;" and insert:
5
6 for the purposes of the performance of that committee's
7 function under section 32(1);
8
9 13. Section 32 amended
10 Delete section 32(1) and insert:
11
12 (1) It is a function of a district emergency management
13 committee to assist in the establishment and
14 maintenance of effective local emergency management
15 plans by local governments with local government
16 districts that are in, or partly in, the emergency
17 management district for which the district emergency
18 management committee is established.
19
20 14. Section 35 amended
21 In section 35(5) delete "section 16(2)" and insert:
22
23 sections 16(2) and 32
24
page 12
Emergency Management Amendment Bill 2016
s. 15
1 15. Section 41 amended
2 (1) Delete section 41(1) and (2) and insert:
3
4 (1) A local government must ensure that a plan (a local
5 emergency management plan) for emergency
6 management in the local government's district is
7 prepared.
8
9 (2) In section 41(3) delete "Local emergency management
10 arrangements are to be consistent with" and insert:
11
12 A local emergency management plan must comply with, and be
13 consistent with,
14
15 (3) In section 41(4) delete "Local emergency management
16 arrangements are to" and insert:
17
18 A local emergency management plan must
19
20 (4) In section 41(5):
21 (a) delete "arrangements," (each occurrence) and insert:
22
23 plan,
24
25 (b) delete "they are" and insert:
26
27 the plan or amendment is
28
29 Note: The heading to amended section 41 is to read:
30 Local emergency management plans
page 13
Emergency Management Amendment Bill 2016
s. 16
1 16. Part 3 Division 3 heading replaced
2 Delete the heading to Part 3 Division 3 and insert:
3
4 Division 3 -- Powers of local government relating to
5 cyclone area
6
7 17. Section 45 amended
8 (1) In section 45 delete "The powers" and insert:
9
10 (1) The powers
11
12 (2) At the end of section 45 insert:
13
14 (2) A power under section 46 or 47 can be exercised
15 whether or not any particular cyclonic activity is
16 occurring or is imminent.
17
18 18. Section 46 amended
19 In section 46:
20 (a) delete "any vegetation or premises" and insert:
21
22 any vegetation or premises, or any loose material or
23 thing,
24
25 (b) delete "the cyclonic" and insert:
26
27 cyclonic
28
page 14
Emergency Management Amendment Bill 2016
s. 19
1 (c) delete "premises." and insert:
2
3 premises, material or thing.
4
5 Note: The heading to amended section 46 is to read:
6 Power of local government to destroy dangerous vegetation,
7 premises or other things in cyclone area
8 19. Section 47 amended
9 (1) In section 47(1):
10 (a) delete "any vegetation or premises" and insert:
11
12 any vegetation or premises, or any loose material or
13 thing,
14
15
16 (b) delete "the cyclonic" and insert:
17
18 cyclonic
19
20 20. Part 4 heading replaced
21 Delete the heading to Part 4 and insert:
22
23 Part 4 -- Emergency situation
24
25 21. Section 50 amended
26 (1) In section 50(1A) delete "may, in writing," and insert:
27
28 may
29
page 15
Emergency Management Amendment Bill 2016
s. 21
1 (2) Delete section 50(1) and insert:
2
3 (1) A hazard management agency may declare that an
4 emergency situation exists in an area of the State in
5 respect of --
6 (a) a hazard of which it is the hazard management
7 agency for emergency management in the area;
8 or
9 (b) a hazard of which it is the hazard management
10 agency for either or both of the following
11 emergency management aspects in the area --
12 (i) response;
13 (ii) recovery.
14 (2A) A declaration under subsection (1A) or (1) may be
15 made orally or in writing but if made orally must be put
16 in writing as soon as is practicable.
17
18 (3) Delete section 50(5A) and insert:
19
20 (5A) If a declaration under this section is made by the State
21 Emergency Coordinator in respect of a hazard in an
22 area of the State, the State Emergency Coordinator
23 must, as soon as practicable after the declaration is
24 made, notify the appropriate hazard management
25 agency.
26 (5B) For the purposes of subsection (5A), the appropriate
27 hazard management agency is --
28 (a) the hazard management agency for emergency
29 management of the hazard in that area; or
page 16
Emergency Management Amendment Bill 2016
s. 22
1 (b) the hazard management agency for either or
2 both of the following emergency management
3 aspects of the hazard in that area --
4 (i) response;
5 (ii) recovery.
6 (5C) If there is more than one hazard management agency of
7 a kind described in subsection (5B), the appropriate
8 hazard management agency is the hazard management
9 agency of that kind that the State Emergency
10 Coordinator considers most appropriate in the
11 circumstances.
12
13 (4) In section 50(6) after "failure" insert:
14
15 to put a declaration in writing under subsection (2A),
16
17 (5) After section 50(2)(b)(i) insert:
18
19 or
20
21 22. Section 72 amended
22 (1) In section 72(1) in the definition of relevant information delete
23 "means --" and insert:
24
25 means the following --
26
27 (2) In section 72(1) in the definition of welfare services delete
28 paragraph (e) and insert:
29
30 (e) financial assistance;
page 17
Emergency Management Amendment Bill 2016
s. 23
1 (f) social services, as defined in the Children and
2 Community Services Act 2004 section 3.
3
4 (3) In section 72(7):
5 (a) delete "about --" and insert:
6
7 about the following --
8
9 (b) in paragraph (d) delete "section; and" and insert:
10
11 section;
12
13 (4) After section 72(5)(a) insert:
14
15 and
16
17 23. Part 6 Division 3A inserted
18 After Part 6 Division 2 insert:
19
20 Division 3A -- Powers exercisable before emergency
21 situation or state of emergency is declared
22 76B. Powers of emergency management officers before
23 emergency situation or state of emergency is
24 declared
25 (1) In this section --
26 emergency management officer means --
27 (a) a police officer; or
28 (b) a person prescribed by the regulations for the
29 purposes of this section;
page 18
Emergency Management Amendment Bill 2016
s. 23
1 movement and evacuation powers means powers of a
2 hazard management officer under section 67.
3 (2) An emergency management officer may exercise
4 movement and evacuation powers if the emergency
5 management officer is satisfied on reasonable grounds
6 that --
7 (a) an emergency has occurred, is occurring or is
8 imminent in an area of the State; and
9 (b) there is an urgent need to exercise those powers
10 to prevent or minimise --
11 (i) loss of life, prejudice to the safety, or
12 harm to the health, of persons or
13 animals; or
14 (ii) destruction of, or damage to, property;
15 or
16 (iii) destruction of, or damage to, any part of
17 the environment.
18 (3) A power cannot be exercised under subsection (2) in
19 relation to an emergency after the earlier of the
20 following occurs --
21 (a) an emergency situation or state of emergency is
22 declared in relation to the emergency;
23 (b) the expiry of the period of 4 hours beginning
24 when notice is given under subsection (4) in
25 relation to the exercise of powers.
26 (4) As soon as is practicable after movement and
27 evacuation powers are first exercised under
28 subsection (2) in relation to an emergency, an
29 emergency management officer must give notice of the
30 emergency and the exercise of those powers to --
31 (a) the appropriate hazard management agency; or
32 (b) if there is no appropriate hazard management
33 agency -- the State Emergency Coordinator.
page 19
Emergency Management Amendment Bill 2016
s. 24
1 (5) For the purposes of subsection (4)(a), the appropriate
2 hazard management agency is --
3 (a) the hazard management agency for emergency
4 management of the hazard in the area of the
5 State referred to in subsection (2)(a); or
6 (b) the hazard management agency for either or
7 both of the following emergency management
8 aspects of the hazard in the area of the State
9 referred to in subsection (2)(a) --
10 (i) response;
11 (ii) recovery.
12 (6) If there is more than one hazard management agency of
13 a kind described in subsection (5), the appropriate
14 hazard management agency is the hazard management
15 agency of that kind that the emergency management
16 officer considers most appropriate in the
17 circumstances.
18 (7) An emergency management officer is to comply with
19 any directions given by the State Emergency
20 Coordinator when exercising a power under
21 subsection (2).
22
23 24. Section 76 amended
24 In section 76 in the definition of officer delete "authorised
25 officer or police officer." and insert:
26
27 an authorised officer, a police officer or an emergency
28 management officer who is not a police officer.
29
page 20
Emergency Management Amendment Bill 2016
s. 25
1 25. Section 85 amended
2 In section 85 delete "officer or an authorised officer in" and
3 insert:
4
5 officer, an authorised officer or an emergency management
6 officer in
7
8 Note: The heading to amended section 85 is to read:
9 Obstruction of hazard management officer, authorised officer or
10 emergency management officer
11 26. Section 86 amended
12 In section 86(1) delete "71 or 75" and insert:
13
14 71, 75 or 76B
15
16 27. Section 88 amended
17 In section 88 delete "officer or an authorised officer." and
18 insert:
19
20 officer, an authorised officer or an emergency management
21 officer.
22
23 Note: The heading to amended section 88 is to read:
24 Impersonation of hazard management officer, authorised officer
25 or emergency management officer
page 21
Emergency Management Amendment Bill 2016
s. 28
1 28. Section 89 replaced
2 Delete section 89 and insert:
3
4 89. False or misleading information
5 A person must not give information that the person
6 knows to be false or misleading in a material particular
7 to --
8 (a) a hazard management officer, an authorised
9 officer or an emergency management officer
10 exercising a power under this Act; or
11 (b) a person helping a hazard management officer,
12 an authorised officer or an emergency
13 management officer to exercise a power under
14 this Act.
15 Penalty: a fine of $50 000.
16
17 29. Section 99 amended
18 After section 99(1)(c) insert:
19
20 (da) that at a specified time a person was an
21 emergency management officer authorised to
22 act under section 76B;
23
24 30. Section 100 amended
25 (1) In section 100(6) in the definition of official after paragraph (f)
26 insert:
27
28 (ga) an emergency management officer; or
29
page 22
Emergency Management Amendment Bill 2016
s. 31
1 (2) In section 100(6) in the definition of official after each of
2 paragraphs (a) to (f) insert:
3
4 or
5
6 31. Section 104 replaced
7 Delete section 104 and insert:
8
9 104. Transitional provision: local emergency
10 management plans
11 (1) The regulations may exempt all local governments, or a
12 class of local governments, from complying with
13 section 41 during a transitional period specified in the
14 regulations beginning on the day on which the
15 Emergency Management Amendment Act 2016
16 section 15 comes into operation.
17 (2) An exemption under subsection (1) may be subject to
18 conditions specified in the regulations.
19
20 32. Schedule 1 deleted
21 Delete Schedule 1.
page 23
Emergency Management Amendment Bill 2016
s. 33
1 33. Other provisions amended
2 Amend the provisions listed in the Table as set out in the Table.
3 Table
Provision Delete Insert
s. 36(a) effective local an effective local
emergency emergency
management management plan is
arrangements are prepared and
prepared and maintained for its
maintained for its district; and
district;
s. 37(4)(a) emergency a local emergency
management management plan
arrangements
s. 39(a) local emergency a local emergency
management management plan is
arrangements are established for its
established for its district; and
district;
s. 39(b) local emergency the local emergency
management management plan;
arrangements; and and
Pt. 3 Div. 2 heading Emergency Local emergency
management management
arrangements for plans
local governments
s. 42(1) arrangements are plan is
s. 43(2)
page 24
Emergency Management Amendment Bill 2016
s. 33
Provision Delete Insert
s. 42(2) Local emergency A local emergency
management management plan
arrangements
s. 43(1) and (3) arrangements plan
1 Note: The headings to the amended sections listed in the Table are to read as
2 set out in the Table
3 Table
Amended section Section heading
s. 42 Reviewing, amending and replacing local
emergency management plans
s. 43 Local emergency management plans to be
available for inspection
4
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