Page 3646 - Week 12 - Tuesday, 28 October 2014
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of an emergency. These additional powers ensure that if we have a shortage of electricity, fuel or gas, or any other essential service, the emergency controller can make suitable arrangements for their equitable distribution in times of an emergency.
An additional power has also been included for an emergency controller requiring a person to give information, answer questions or produce documents or anything else reasonably needed for the management of an emergency. This additional power will be critical when requiring information from a range of bodies in relation to determining such things as the level of essential services available, hazardous materials kept on site, passenger details for major transport accidents, and architectural plans and drawings.
These powers are subject to offence provisions provided for in section 164 for those that fail to comply with a direction given under the emergency powers. It is worth highlighting also that these powers will be welcomed by those who would be required to give such information, as it makes it clear they are under a legally binding duty to do so and that any other considerations such as privacy are no longer relevant.
Let me now turn to those amendments in the bill which improve our preparedness for bushfire. As members would be aware, the government tabled the third edition of the strategic bushfire management plan on 22 September this year. The extensive work to prepare the strategic bushfire management plan, or SBMP, has identified a number of amendments to the Emergencies Act which will improve our bushfire prevention activities.
As outlined in the explanatory statement, this bill makes three amendments relating to strategic bushfire management planning. The first strengthens the consultation requirements for the development of the SBMP. The bill adds the ACT Conservator of Flora and Fauna, an appointment under the Nature Conservation Act, as a party that must be consulted when preparing the draft plan. The commissioner will also be required, when developing the SBMP, to consider the impact of the plan on plans of management in force under the Planning and Development Act. Advice from the conservator will be an important part of that process.
A second amendment is the matter that Mr Rattenbury referred to in his comments, and which seeks to resolve any inconsistency with other plans of management applying to an area of unleased territory land, or land occupied by the territory. In the event that any inconsistency arises, the act provides clarity to all landowners or managers that they must ensure that the land is managed in accordance with the SBMP, which acknowledges the SBMP is the most comprehensive plan for bushfire prevention and mitigation in the ACT. The bill also requires the commissioner to consider the impact of any plan of management under the Planning and Development Act in developing the draft SBMP.
I note that comments have been made in very recent days about how this amendment will operate in effect. I would place on the record that it is my strong view that protection of life and property must be the first consideration for the SBMP. That inconsistency between the SBMP and other documents such as plans of management should always be resolved in favour of protecting life and property.
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