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STATE EMERGENCY AND RESCUE MANAGEMENT ACT 1989 - SECT 20B
Responsibility and functions of State Emergency Recovery Controller
(1) The State Emergency Recovery Controller is, subject to this section,
responsible for controlling in accordance with this Act the recovery from an
emergency-- (a) that affects more than one region, or
(b) for which the
State Emergency Recovery Controller assumes responsibility.
(2) The
State Emergency Recovery Controller is not responsible for controlling the
recovery from an emergency if there is a single recovery agency primarily
responsible under the State Emergency Management Plan for controlling the
recovery from the emergency, unless the Controller assumes that responsibility
in accordance with subsection (3).
(3) The
State Emergency Recovery Controller may assume responsibility for controlling
the recovery from an emergency from the recovery agency primarily so
responsible under the State Emergency Management Plan if-- (a) the Controller
is satisfied that it is necessary to do so in the particular circumstances of
the case, and
(b) the recovery agency has requested that the Controller
assume, or has agreed to the Controller assuming, that responsibility or, in
the case of any disagreement on the matter, the Minister has directed the
Controller to do so.
(4) The State Emergency Recovery Controller may, if
responsible for controlling the recovery from an emergency-- (a) issue
directions to agencies who have functions in connection with recovery from an
emergency, and
(b) appoint an officer of an agency to have overall control of
particular activities in recovery from an emergency where a number of agencies
are involved and those agencies do not agree on the matter.
(4A) To the
extent of any inconsistency between a direction given by the
State Emergency Recovery Controller in the exercise of functions under this
Act, and the NSW Reconstruction Authority or chief executive officer in the
exercise of functions under the NSW Reconstruction Authority Act 2022 , the
direction given by the State Emergency Recovery Controller under this Act
prevails.
(5) The State Emergency Recovery Controller may assist a
recovery agency that is primarily responsible for controlling the recovery
from an emergency in carrying out that responsibility.
(6) The functions of
the State Emergency Recovery Controller may be exercised without the need for
a declaration of a state of emergency.
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