New South Wales Consolidated Acts

STATE EMERGENCY AND RESCUE MANAGEMENT ACT 1989 - SECT 31

31 Functions of Local Emergency Operations Controller

(1) The Local Emergency Operations Controller for an area is, subject to this section, responsible for controlling in accordance with this Act the response to an emergency that affects only that area.

(1A) The Local Emergency Operations Controller is not responsible for controlling the response to an emergency if there is a single combat agency primarily responsible under Displan for controlling the response to the emergency, unless the Controller assumes that responsibility in accordance with subsection (1B).

(1B) The Local Emergency Operations Controller may assume responsibility for controlling the response to an emergency from the combat agency primarily so responsible under Displan if:

(a) the State Emergency Operations Controller is satisfied that it is necessary to do so in the particular circumstances of the case, and

(b) the combat agency has requested or agreed to the Local Emergency Operations Controller assuming that responsibility or, in the case of any disagreement on the matter, the Minister has directed the Local Emergency Operations Controller to do so.

(1C) The Local Emergency Operations Controller is not responsible for controlling the response to an emergency for which the State or District Emergency Operations Controller has assumed responsibility.

(2) The Local Emergency Operations Controller may, if responsible for controlling the response to an emergency, issue directions to agencies who have functions in connection with responses to the emergency.

(2A) The Local Emergency Operations Controller may, at the request of the combat agency that is primarily responsible for controlling the response to an emergency, carry out such functions as may be specified by the agency for the purposes of controlling the response to the emergency.

(3) The functions of the Local Emergency Operations Controller may be exercised without the need for a declaration of a state of emergency, but during a state of emergency the exercise of those functions is subject to Division 4.

(4) The Local Emergency Operations Controller is to establish and control a local emergency operations centre.

(5) The Local Emergency Operations Controller is subject to the direction of the relevant District Emergency Operations Controller.