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Local Government

Emergency Risk Management

Manual

Guidelines for Emergency Management / Hazard Mitigation Planning Disclaimer Whilst the Local Government Association has endeavoured to ensure that all information contained within this manual is true and correct at the time of publication, the LGA does not take any responsibility for incorrect information.

Local Government Emergency Risk Management Manual, June 2001

Local Government Association of South Australia Page i

PRESIDENT’S FOREWORD Emergencies are disruptive to individuals and communities and may have a wide range of effects and impacts on the human and physical environment. Failure to take preventative action may expose Councils, not only to extensive infrastructure loss, but rising liability costs. Whilst emergencies appear unpredictable, through developing emergency risk management strategies Councils can mitigate the effects of a potential disaster. Local Government has a responsibility to its community to take measures to reasonably protect its area from natural and other hazards and to mitigate the effect of such hazards. To assist all governments and the community to manage the onset of emergencies and disasters the following emergency management concepts can be applied – mitigation, preparedness, response and recovery. This manual has been prepared, in consultation with stakeholders, to clarify the role of Local Government and to assist Councils with emergency risk management. Particular reference is made to hazard mitigation, in line with the new statutory requirements. This represents the first phase in a dynamic area and provides an opportunity for Local Government to be at the forefront to develop its future role in emergency risk management. I would particularly like to acknowledge the support of the Emergency Management Hazard Mitigation Steering Committee and joint funding from Emergency Management Australia and the Local Government Research and Development Scheme. South Australian Councils have indicated that the major hazards likely to impact on communities are floods, fires, vehicle accidents, wind damage, chemical spills and extended failure of essential services. Accordingly, I am delighted to recommend the Local Government Emergency Risk Management Manual as a first step in mitigating against such hazards. Mayor Brian Hurn, OAM President


Local Government Association of South Australia Page ii

Sponsored by the Commonwealth Government through the Emergency Management Australia Projects Program 2000/2001

The Commonwealth, as a sponsor of this project, accepts no responsibility for the accuracy, currency, reliability or completeness of any information contained herein and recommends that users exercise their own skill and care with respect to its use.


Local Government Association of South Australia Page iii

ACKNOWLEDGEMENTS The Local Government Association of South Australia wishes to acknowledge the valuable contributions of time and expertise to this Project. The following members of the Emergency Management Hazard Mitigation Steering Committee provided a wide diversity of expertise and experience to the Project: • Mr Murray Bartsch from Corporation of the Town of Gawler - Institute of Public Works

Engineering • Mr Bill Chandler from City of Tea Tree Gully - Royal Australian Planning Institute • Mrs Caroline Collisson - Local Government Association Mutual Liability Scheme • Mr Fred Fairhead - State Disaster Committee – Emergency Services Administrative Unit • Ms Jane Gascoigne - SA Grants Commission and SA Local Government Disaster Fund • Mr Ray Pincombe from City of Playford - Local Government Managers Australia (formerly

IMM) • Mr Mike Stephenson from Berri Barmera Council - Institute of Environmental Health

Officers • Mr Ron Wallace from Corporation of the Town of Walkerville - Local Government

Financial Managers Group • Ms Katie Whitehead - Local Government Association • Ms Sandy Semmens - Local Government Association The following Councils also kindly offered their assistance: • City of Adelaide • Adelaide Hills Council • Campbelltown City Council • City of Charles Sturt • City of Holdfast Bay • Light Regional Council • District Council of Mallala • City of Marion • City of Norwood, Payneham & St Peters • City of Onkaparinga • City of Port Adelaide Enfield • City of Unley • City of West Torrens The project was jointly funded by Emergency Management Australia and the Local Government Research and Development Scheme.


Local Government Association of South Australia Page iv

CONTENTS

Page No. President’s Foreword i Emergency Management Australia ii Acknowledgements iii Contents iv 1. Executive Summary 2. Introduction

2.1 Background 2 2.2 Aims 2 2.3 Outcomes 3 2.4 Consultation 3 2.5 Emergency Risk Management Manual 3

3. Glossary of Terms 4. Hazard Mitigation Discussion Paper

4.1 Introduction 8 4.2 Mitigation vs Disaster Response 8 4.3 Benefits of Hazard Mitigation 8 4.4 Obstacles to Hazard Mitigation 9 4.5 Cost/Benefit Analysis 10 4.6 Risk Minimisation Strategies 11 4.7 National Disaster Prevention and Mitigation Strategy 12 4.8 Disaster Mitigation Research Project 13

5. Statutory Responsibilities in Emergency Management

5.1 Introduction 14 5.2 Commonwealth Government Role 14 5.3 State Government Role 14

5.3.1 State Disaster Plan 15 5.3.2 Role of State Emergency Services 16 5.3.3. Role of Metropolitan Fire Service 16 5.3.4. Role of Country Fire Service 17

5.4 Local Government Role 17


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CONTENTS

Page No. 6. Issues for Local Government

6.1 Introduction 19 6.2 Shift of Focus in Emergency Management 19 6.3 Risk Management 19 6.4 Emergency Risk Management 20 6.5 Hazard Mitigation 20 6.6 Response and Recovery 21 6.7 Funding Sources for Hazard Mitigation 22 6.8 Amendments to Emergency Management Legislation 22 6.9 Recommendations 23

Recommendation 1 – LGA Information Workshop 23 Recommendation 2 – Consultative Structure 23 Recommendation 3 – Functional and Financial Reform 24 Recommendation 4 – Local Government Training 24

7. Incorporating Hazard Mitigation into Council Planning and

Development Systems

7.1 Introduction 25 7.2 Hazards 25 7.3 Background Research 26 7.4 Review of Selected Development Plans 26 7.5 Consultation with Councils – Overview of Findings 27 7.6 Examples of Current Local Government Best Practices for Addressing Hazards 28

7.6.1 Contaminated land 28 7.6.2 Land situated in flood prone areas 28 7.6.3 Bushfire prone areas 28

7.7 Draft Council Checklist 29 7.8 Key Issues for Further Consideration 32 7.9 Summary 33

8. Funding Opportunities and Recognition Awards for Local Government

8.1 Introduction 34 8.2 South Australian Local Government Disaster Fund 35 8.3 Emergency Management Australia Projects Program 36 8.4 Natural Disaster Risk Management Studies Program 37 8.5 Federal Flood Mitigation Program 38 8.6 Catchment Management Subsidy Scheme 39 8.7 Natural Heritage Trust 40 8.8 Coasts and Clean Seas Program 41 8.9 Planning and Development Fund 42 8.10 National Awards for Innovation in Local Government 43 8.11 Safer Communities Awards 44


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CONTENTS Page No.

9. LGA Emergency Management/ Hazard Mitigation Survey

9.1 Analysis of Survey 45 9.2 Survey Format 46

10. Emergency Risk Management Planning in SA Local Government - A review of the Emergency Risk Management Applications Guide

10.1 Introduction 50 10.2 What Hazards Might Exist in a Council Area? 51 10.3 Components of Emergency Risk Management Planning 52

10.3.1 Consultation and Communication 54 10.3.2 Monitoring and Review 54 10.3.3 Establish the Context 54 10.3.4 Identify Risks 55 10.3.5 Analyse Risks 55 10.3.6 Evaluate Risks 56 10.3.7 Treat Risks 56

10.4 Councils May Have Their Own Risks 56 10.5 Summary 56

11. Appendices

Appendix A - Emergency Risk Management Applications Guide ** Appendix B - Community Emergency Risk Management 57 Appendix C - Legal Research Report on South Australian Legislation relating

to Emergency and Disaster Management 60 Appendix D - The Good Practice Guide: Community Awareness and

Education in Emergency Management ** Appendix E - Further Useful Resources 83

**Please note: Appendices A & D are separate publications inserted in plastic sleeve


Local Government Association of South Australia Page 1

1. EXECUTIVE SUMMARY The Local Government Act 1999 requires Councils "to take measures to protect its area from natural and other hazards and to mitigate the effect of such hazards" (Section 7 (d)). This is a new requirement for Local Government that did not exist in the previous Act. Taking measures to mitigate natural and other hazards is one component of emergency management. There are four components, being prevention (mitigation), preparedness, response and recovery. The field of emergency management is currently in transition with a change of emphasis from response and recovery strategies, to a focus on the identification of hazards and the implementation of mitigation strategies. Response and recovery strategies will, of course, still be required, because it is not likely that all incidents or disasters can be predicted and averted. However, the introduction of emergency risk management techniques that include hazard mitigation practices is expected to significantly reduce the occurrence of incidents and disasters. Emergency risk management procedures can facilitate the management of natural and other hazards for Local Government in South Australia. As the requirement for Local Government to mitigate against hazards is new, the LGA surveyed Councils to ascertain the current status of emergency management planning, with particular emphasis on mitigation strategies, and an analysis of the responses is provided at Section 9 of this Manual. The survey results reveal that the level of understanding of emergency risk management planning and the extent of its application varies between Councils. To assist Councils implement mitigation strategies, the Local Government Emergency Risk Management Manual has been prepared. The Manual includes two Papers, the first discussing the concept of hazard mitigation: what is it and what are its benefits? The second paper outlines the current statutory responsibilities in emergency management. (Sections 4 and 5 respectively.) Of course, the change in emphasis from response to mitigation, presents opportunities for Local Government and a series of recommendations identifying areas of further research and review are listed in Section 6 of the Manual. The recommendations identify that the areas requiring further consideration include information and training, consultative arrangements between State and Local Governments and discussions around functional and financial reform. Section 7 of this Manual includes planning and development aspects of hazard mitigation and provides Councils with a series of key issues for further consideration. The Manual also provides current funding opportunities available to Local Government, located in Section 8 of the Manual. Emergency Management Australia has produced a guide to emergency risk management, the Emergency Risk Management Applications Guide. This document has been prepared for a wide audience and some aspects may not be considered by Councils as those for which they would have a direct or indirect role in terms of mitigation. Section 10 of this Manual reviews the Applications Guide and provides a context for Local Government. The Applications Guide is attached at Appendix A. It should be noted that at the time of writing this Manual, Emergency Management Australia is in the process of investigating the costs and benefits of disaster mitigation measures in Australia. The LGA Emergency Management / Hazard Mitigation project represents the first step in a process aimed at fostering collaborative approaches between State and Local Government for the development of policies and plans for emergency management with a particular focus on hazard mitigation.



2. INTRODUCTION 2.1 Background South Australian Local Government has participated in a reform process involving extensive amalgamation of Councils and review of the Local Government Act 1934 with the introduction of new legislation on 1 January 2000. The final stage of the program (currently in its infancy) will address the issue of functional and financial reform between the two spheres of Government. The Local Government Act 1999, makes specific reference to hazard mitigation and describes this as a function of a Council (Section 7 (d)). The Act requires a Council “to take measures to protect its area from natural and other hazards and to mitigate the effects of such hazards”. The Act also requires Councils to adopt “plans” for the management of its local area, collectively referred to as strategic management plans. These plans are to be of 3 - 5 year’s duration. To fulfil the requirements of the Act, Councils will need to consider how their strategic management plans and any operational plans can make reference to or have regard to strategies they will adopt to protect the community from natural and other hazards. In addition, the Act requires Councils to “give due weight” and “have regard to” policies and plans of the other spheres of governments and to participate in regional activities. The issue of “hazard mitigation” will of its very nature require Councils and the other spheres of government to work in partnership on issues of policy, planning and collective action. The Role of Local Government in Emergency Management Project is therefore timely and provides, particularly with the requirements of the Local Government Act 1999, an opportunity to reinvigorate debate in Local and State Governments regarding individual and complementary roles in hazard mitigation and prevention. The Project was jointly funded by Emergency Management Australia (Commonwealth) and the Local Government Research and Development Scheme and was managed by the LGA. 2.2 Aims The aims of the LGA project were to:- 2.2.1 Raise awareness amongst State and Local Governments regarding the benefits of

developing collaborative approaches (in social, economic and environmental terms) for the development of policies and plans for emergency management, with a particular focus on hazard mitigation; and

2.2.2 Work collaboratively with State and Local Governments to clarify their respective

roles and responsibilities regarding emergency management, and in particular hazard mitigation;

2.2.3 Develop discussion/issues papers and guidelines resulting from the work

undertaken in (1) and (2) above that will be resources to assist individual and groups of Councils to determine their roles and responsibilities and to integrate hazard mitigation principles and policies in their strategic, statutory and operational plans.



2.3 Outcomes The expected outcomes of the project were:- 2.3.1 Increased awareness amongst Councils of the benefits of integrating hazard

mitigation principles and policies into their strategic, statutory and operational plans. 2.3.2 Clarification and exploration of the roles and responsibilities of Local and State

Governments in emergency management. 2.3.3 Documents for Councils to use to ensure integration of hazard mitigation policy and

planning activities within strategic and operational plans. 2.4 Consultation A Steering Committee was formed to provide support to the project with membership consisting of representatives from:-

• State Disaster Committee • Office of Local Government – SA Grants Commission • LGA Mutual Liability Scheme • Local Government Managers Australia (formerly Institute of Municipal Management) • Institute of Public Works Engineering Australia • Institute of Environmental Health Australia • Royal Australian Planning Institute • Local Government Financial Managers Group In addition, the Councils who registered their interest in being involved in the project (as per responses received to LGA Circular 34.3, 2000) were consulted during the development of the project. All Councils were surveyed to examine the current levels of participation by Councils in emergency management (as per LGA Circulars 9.10 and 11.3, 2001). 2.5 Emergency Risk Management Manual Based on the information collected during the consultation phase of the project, the following documents were prepared by the LGA* and included in this manual to assist Councils:- • Glossary of Terms • Hazard Mitigation Discussion Paper • Statutory Responsibilities in Emergency Management • Issues for Local Government • Incorporating Hazard Mitigation into Council Planning and Development Systems • Funding Opportunities and Recognition Awards for Local Government • LGA Emergency Management/Hazard Mitigation Survey Analysis • Emergency Risk Management Planning in SA Local Government – A review of the

Emergency Risk Management Applications Guide • South Australian Legislation Relating to Emergency and Disaster Management

(Appendix C). *Please note that some documentation requiring specialist expertise was commissioned by the LGA.



3. GLOSSARY OF TERMS A list of common terms and phrases has been incorporated to assist in the following Sections of the Manual and may be referred to at any time. built environment elements of physical construction within a community

community a group of people with a commonality of association and generally

defined by location, shared experience or function

community safety refers to community safety in the broadest sense and is not confined to crime prevention and law enforcement issues

consequence the outcome of an event expressed qualitatively or quantitatively, being a loss, injury, disadvantage or gain. There may be a range of possible outcomes associated with an event. (In emergency risk management - the outcome of an event or situation expressed qualitatively or quantitatively. In the emergency risk management context consequences are generally described as the effects on persons, society, the economy and the environment)

cost of activities, both direct and indirect, involving any negative impact, including money, time, labour, disruption, goodwill, political and intangible losses

disaster

a catastrophic event that severely disrupts the fabric of a community which is beyond the day-to-day capacity of emergency services and other organisations and requires the intervention of the various levels of government to return the community to normality “Any occurrence, including fire, flood, tempest, earthquake, eruption, epidemic of human, animal or plant disease, hostilities by an enemy against Australia, and accident, that: (a) causes, or threatens to cause, loss of life or injury to persons

or animals or damage to property; and (b) is of such magnitude that extraordinary measures are required

in order to protect human life or property.” (State Disaster Act, 1980)

disaster management the body of policy and administrative decisions and operational

activities relating to disaster prevention, mitigation, preparedness response and recovery. This term is often used interchangeably with the terms "emergency management" or "counter disaster management"

emergency

an event, actual or imminent, which endangers or threatens to endanger life, property or the environment, and which requires a significant and coordinated response

emergency event

an emergency situation which occurs in a particular place during a particular interval of time. An emergency event may contain numerous incidents eg Newcastle earthquake



emergency management

the body of policy and administrative decisions and operational activities relating to disaster prevention, mitigation, preparedness response and recovery. This term is often used interchangeably with the terms "disaster management" or "counter disaster management"

emergency risk management

a systematic process that produces a range of measures that contribute to the well being of communities and the environment. The process considers the likely impacts of hazardous events and the treatment measures by which they can be reduced.

environment conditions or influences comprising built, physical and social elements, which surround or interact with a community

hazard a potential or existing condition that may cause harm to people or damage to property or the environment. A source of potential harm or a situation with a potential to cause loss. (In emergency risk management - a situation or condition with potential for loss or harm to the community or environment)

hazard analysis a process of analysis for localised hazards and their effects upon a community that pre dated the consideration of risk.

incident

routine occurrences that are outside of the legislated definition of disaster or emergency, which are responded to by a single response agency by itself or in cooperation with other response agencies and generally have a short duration.

likelihood used as a qualitative description of event probability and frequency

loss any negative consequence, financial or otherwise

major emergency

“Any occurrence, including fire, flood, tempest, earthquake, eruption, epidemic of human, animal or plant disease, hostilities by an enemy against Australia, and accident, that: (a) causes, or threatens to cause, loss of life or injury to persons

or animals or damage to property; and (b) that whilst not constituting a disaster should, in the opinion of

the State Coordinator, be dealt with under the Act because of the diverse resources required to be used in response to the emergency, the likelihood of the emergency escalating into a disaster or for any other reason.” (State Disaster Act, 1980)

mitigation measures taken in advance of a hazardous event which has the

potential to cause significant community and/or business disruption and which are aimed at reducing or eliminating its impact on society or the environment

monitor to check, supervise, observe critically or record the progress of an activity, action or system on a regular basis in order to identify change



preparedness action designed to minimise loss of life and damage, and to

organise and facilitate timely and effective response and recovery actions. Preparedness is concerned with understanding the threat; forecasting and warning; educating and training officials and the public; and establishing organisations for the management of disaster situations including preparation of operational plans, training relief groups, stockpiling supplies, and earmarking necessary funds.

prevention in relation to a disaster includes the identification of hazards, the assessment of threats to life and property, and the taking of measures to reduce or eliminate potential loss to life or property and protect economic development. Measures taken to eliminate or reduce the incidence or severity of emergencies

recovery in relation to a disaster includes the process of returning an affected community to its proper level of functioning after a disaster. Measures which support emergency-affected individuals and communities in the reconstruction of the physical infrastructure and restoration of emotional, economic and physical well being

residual risk the remaining level of risk after risk treatment measures have been taken

response

in relation to a disaster includes the process of combating a disaster and of providing immediate relief for persons affected by a disaster. Measures taken in anticipation of, during and immediately after, emergencies to ensure the effects are minimised

risk the chance of something happening that will have an impact upon objectives. It is measured in terms of consequences and likelihood. (In emergency risk management – a concept used to describe the likelihood of harmful consequences arising from the interaction of hazards, communities and the environment.)

risk acceptance the acceptance of a level of risk at which the risk will be tolerated and no further action taken

risk analysis a systematic use of available information to determine how often specified events may occur and the magnitude of their likely consequences on a community. (In emergency risk management - the systematic use of available information to study risk)

risk assessment the process used to determine risk management priorities by evaluating and comparing the level of risk against predetermined standards, target risk levels or other criteria

risk evaluation the process in which judgments are made on the tolerability of the risk on the basis of risk analysis and taking into account factors such as socio-economic and environmental aspects.

risk identification The process of determining what can happen, why and how

risk level the level of risk calculated as a function of likelihood and consequence



risk management the culture, processes and structures that are directed towards the

effective management of potential opportunities and adverse effects

risk management process

the systematic application of management policies, procedures and practices to the tasks of establishing the context, identifying, analysing, evaluating, treating, monitoring and communicating risk

risk reduction a selective application of appropriate techniques and management principles to reduce either the likelihood of an occurrence or its consequences, or both

risk treatment options

measures that modify the characteristics of hazards, communities and environments to reduce risk, eg prevention, preparedness, response and recovery

stakeholders those who may affect, be affected by, or perceive themselves to be affected by the hazards in the community

vulnerability the susceptibility and resilience of the community and environment to hazards. Resilience is related to 'existing controls' and the capacity to reduce or sustain harm or loss. Susceptibility is related to the degree of exposure



4. HAZARD MITIGATION DISCUSSION PAPER 4.1 Introduction This Discussion Paper addresses the concept of “hazard mitigation” – what is it and what are the benefits of it? There is a range of hazard mitigation measures already being undertaken by Local Government and these are discussed in Section 4.6 of this paper. The final two Sections (4.7 and 4.8) in this Discussion Paper outline the current work being undertaken by the Federal Government, and gives an indication of the future direction of emergency management. It is imperative that Councils have an awareness of hazard mitigation issues in order to participate in the current debate surrounding roles and responsibilities of Local Government in emergency management. 4.2 Hazard Mitigation vs Disaster Response In the past emergency management was mainly concerned with making arrangements to respond quickly to an emergency situation and recover from its effects. However over recent years the focus of emergency management has changed to a risk management approach that concentrates on the hazards that cause disasters and the mitigation measures that will reduce or remove the emergency threats. Effective mitigation strategies can significantly reduce economic and social loss from disasters and also contribute to lasting improvements in safety, environmental protection and sustainable development. Disaster response usually yields only temporary results at a very high cost, whereas disaster prevention and mitigation measures can achieve long term disaster reduction. However, the cost of preparing and implementing hazard mitigation strategies needs to be considered against the level of assessed risk. By integrating mitigation concepts into governmental activities today at a relatively low cost, the vulnerability of the community to hazards can be reduced and more costly losses from future disasters can be avoided. The time, energy and resources invested in mitigation can significantly reduce the demand for future dollars by reducing the likelihood or consequence of risk and therefore the amount needed for emergency recovery, repair and reconstruction following a disaster. Hazard mitigation is still a new concept for many in the emergency management field and significant cultural shifts will be required to accommodate the new objectives. It should be noted that at the time of writing this manual, Emergency Management Australia is in the process of investigating the costs and benefits of disaster mitigation measures in Australia. The big incentive for Councils is that hazard mitigation principles and practices encourage the development of resilient communities where the potential impact of disasters is considerably reduced, and where the time and resources expended on hazard mitigation strategies will be more than recovered by savings in the response and recovery areas. 4.3 Benefits of Hazard Mitigation For Councils, from an organisational perspective, the benefits of hazard mitigation clearly support the achievement of the goals of corporate governance. Hazard mitigation assists Councils to plan for and reduce the impact of emergencies and disaster on resources.



The impacts of emergencies and disasters could be devastating for the organisation, and may include personal hardship, injury, death, diminished productivity, media scrutiny, litigation, disaster recovery costs, reduction of public confidence, damage to property, repeated losses and reductions in economic and community health and function. Without a process to consider these impacts on a regular basis their potential effect on Council’s operations will be unknown, unplanned for, and likely to hinder and prolong Council’s ability to respond and recover from any emergency or disaster. A fundamental element of the establishment of Councils' emergency management arrangements is the fact that no one body can or does control all of the risks associated with an emergency or disaster. It is the community that collectively owns the risks associated with a disaster in their area. Therefore Local Government is in a good position to take a lead role in driving these arrangements at the local level for the benefit of the community. A key outcome of hazard mitigation is the creation of “safer communities”. The idea of safer communities is to create communities that are more resilient to the effects of, and the actual event of, a disaster. It enables communities to adequately reduce the impact of personal hardship, injury, death, loss of/damage to property, repeated losses and loss of memorabilia and cultural items. The importance of “safer communities” is recognised by the State Government Agency responsible for emergency risk management, through its Community Emergency Risk Management Project. Appendix B briefly outlines the concept of the Community Risk Management Project. Local Government also has a responsibility to future communities to manage all areas appropriately. Although disasters do not occur frequently in South Australia, they will occur at some time. Traditionally, emergency management preparation has focussed on the accessibility and use of equipment to respond to emergencies and disasters. The shift of focus to hazard mitigation requires a concentration of effort on prevention to eliminate or reduce the severity of the potential emergency rather than wait for it to materialise. Another benefit of undertaking hazard mitigation is the increased likelihood of receiving funding when a disaster does occur, as future funding relief to assist communities to recover from a disaster may be conditional on providing proof that the risk had previously been assessed and appropriate hazard mitigation treatments applied. 4.4 Obstacles to Hazard Mitigation There are many reasons why Councils, other Government agencies and groups may not have adopted or undertaken hazard mitigation measures. The following are some suggestions: • time and money • other priorities • lack of skill • lack of direction • lack of a sense of obligation • lack of support • lack of ownership of the risk • lack of community pressure • lack of the event of disasters



Emergency risk management requires a significant cultural shift. The initial task of understanding roles and responsibilities that have not previously been explored can be over-awing. Some previous efforts may have been made by Councils and agencies of the other spheres of governments to address emergency risk management and hazard mitigation without success or where follow-through was lacking, and while the re-establishment of those efforts will have an impact on resources, hazard mitigation should be seen as an investment in the future development of communities. Hazard mitigation principles should be embraced by all Councils and communities, and support from local emergency services, police and the national and state emergency management programs should also be sought. 4.5 Cost/Benefit Analysis The Bureau of Transport Economics Report 103 (2001) at page 119 states that, "When natural disaster strikes, lives are thrown into chaos, houses, businesses and community infrastructure get damaged or destroyed, people's livelihoods are temporarily (and sometimes permanently) disrupted and, most significantly, people get hurt and sometimes killed. Beyond these physical effects are the mental and psychological stress suffered by those involved, often for a long time after the disaster has faded from most people's memories. These impacts can all be devastating to individuals and the community as a whole. For these reasons, governments and communities take action to reduce the impact of disasters. The action is usually in the form of expenditure on preparation, prevention, response and mitigation." These words were written with natural disasters in mind but could just as easily apply to technological, biological and civil/political disasters as well. There are many costs associated with disasters some clearly evident and others hidden but none the less burdensome on communities. An economic analysis of disasters considers the effect of the disaster on society as a whole. It has a resource consumption focus and includes costs that would not be included in a financial analysis. To classify the losses from disasters a cost framework has been devised in the Bureau of Transport Economics Report 103 "Economic Costs of Natural Disasters in Australia" published this year as part of Disaster Mitigation Research Project referred to in Section 4.8. This framework divides costs into two categories, tangible and intangible, and then further subdivides these into direct and indirect costs. Tangible costs are losses that have a market value while intangible costs are losses that have no market value. Direct costs are losses that result from the physical destruction or damage to buildings, infrastructure, vehicles and crops and indirect costs are losses that are due to the consequences of the damage and destruction. Using this framework: • Direct tangible costs could include the costs associated with infrastructure; agriculture

- fences, equipment, livestock and crops and pastures; residential housing - structures and contents; and commercial buildings - structure and contents (including equipment and stock).



• Indirect tangible costs could include the costs associated with disruption of public

services; agriculture; network disruption; business disruption; clean-up; alternative accommodation; and emergency and relief agencies.

• Intangible (direct and indirect) costs could include the costs associated with death

and injury; dislocation; health impacts; and cultural and heritage; environmental ; and memorabilia losses. (Bureau of Transport Economics Report 103 (2001) pp. 61-64).

The framework established by the Bureau of Transport Economics allows the full cost impact of disasters on communities to be more accurately measured than has been past experience in Australia. The past costs of disasters have been estimated as follows: • Natural disasters (with a total cost per event over $10 million) cost the Australian

community $37.8 billion (including the costs of death and injuries) in 1999 prices over the period 1967 to 1999.

• There were 265 natural disasters costing more than $10 million each during the period

1967 to 1999. • Floods were the most costly of all disaster types, contributing $10.4 billion or 29 per cent

of the total cost. Storms (26 per cent of total cost) and cyclones (24 per cent caused similar levels of damage (Bureau of Transport Economics Report 103 (2001) pp. 120-121).

There is some evidence that the number of disasters per year is increasing, although the better reporting of more recent events and increasing population densities in hazardous areas are likely to explain at least some of this trend. The Bureau of Transport and Economics Report stated that the two most costly hazard types for South Australia were floods and storms, and this is backed up by the number of claims for recovery costs made to the Local Government Disaster Fund in the last few years for the rebuilding of roads, bridges and culverts as a result of flooding. A key driver of the focus on hazard mitigation in Australia and overseas is the general assessment that costs associated with response to and recovery from disasters are increasing and that the costs associated with mitigation can be significantly less. Current views among those who interface with disasters and those in policy-making areas are that money spent on disaster mitigation can be more than recouped in the amount saved in response and recovery afterwards. (Bureau of Transport Economics Report 103 (2001) p. 1). 4.6 Risk Minimisation Strategies A range of hazard mitigation measures is already being undertaken by Local Government or involves Local Government in either a supporting or participating capacity. This Section highlights those mitigation measures for flood, earthquakes, severe storms and bushfires that most Councils will be aware of or that are within Local Governments capacity to become involved in or drive.



Flood Mitigation

• flood mapping • land use management limiting the use of floodplains for vulnerable

activities or structures and the prevention of activities that may exacerbate floodplains eg de-forestation

• engineering of facilities within floodplain to withstand flood forces • relocation of structures of out of floodplains • community awareness of floodplain • flood evacuation preparedness

Earthquake Mitigation

• land use management to reduce development on areas known to be vulnerable to vibrations or instable.

• Seismic Building codes and encouragement of higher standards of construction

• securing dangerous appliances and sources of naked flame • community awareness of earthquake risk • survival kits

Severe Storm Mitigation

• land use management to provide protection from wind and storm surge• appropriate situation and construction of facilities to withstand wind

forces and water damage • securing of elements which could dislodge and cause damage • trimming of tree branches and clearing of gutters • adequate storm water drainage • provision of emergency accommodation/shelter • community awareness • evacuation plans

Bushfire Mitigation

• land use management to limit development in high risk bushfire areas (slopes/ridges)

• bushfire breaks • controlled burning • removal of bushfire ‘fuel’ from around buildings (rubbish, branches,

leaf litter) • secure storage of flammable materials • community awareness of bushfire risk • sufficient water supply and hoses • protective clothing • fire evacuation plan

4.7 National Disaster Prevention and Mitigation Strategy Emergency Management Australia (EMA) has been the key agency in coordinating and driving the establishment of hazard mitigation programs in all spheres of government. It is clear that these programs require the restructuring or refocussing of many organisations that have emergency risk management responsibilities, and also necessitates the acquisition or development of new skills and relationships. The National Emergency Management Committee (NEMC) has been established as Australia's peak body for Emergency Management, and forms part of the Information Management and Business Group of EMA. The need for a National Disaster Prevention and Mitigation Strategy was endorsed by the NEMC in 1997. Subsequently, a Mitigation Working Party was established in 1998 to progress national efforts towards the reduction of emergency and disaster risk through the application of hazard mitigation.



Since establishment, the Mitigation Working Party has worked towards completing a number of activities including the following: • conducting workshops to examine the application of risk management at a regional or

state level • land use planning guidelines for natural hazards • a submission to the Australian Building Codes Board for the inclusion of flood and storm

surge in the Building Code of Australia • preliminary discussions with the Royal Australian Planning Institute and the Institute of

Engineers Australia, regarding possible future partnership arrangements with EMA • the formation of parallel Mitigation Committees in some states • approval from the NEMC for a research project to develop a National Multi-hazard Risk

Assessment, and to examine the costs of natural disasters and the benefits of disaster mitigation

• the compilation of Commonwealth Government Disaster Prevention and Mitigation Directory

It is important that Councils access information on the Mitigation Working Party’s activities and recommendations and apply them, where appropriate. 4.8 Disaster Mitigation Research Project Currently, a Disaster Mitigation Research Project, overseen by the Disaster Mitigation Research Working Group, has been formed. Its primary focus is to determine whether a better balance should be achieved between expenditure on disaster mitigation, and future expenditure on disaster response, relief and recovery. The project comprises 3 modules:

1. Estimate of the costs of disasters 2. Costs and benefits of mitigation measures 3. National picture of natural hazards and risks

Workshops for Module 2 have recently been conducted in South Australia. The Working Paper reporting on the project’s outcomes is due to be finalised in February 2002. It is likely that the outcomes of the Disaster Mitigation Research Project will support the recent focus on mitigation of hazards, over and above emergency response measures.



5. STATUTORY RESPONSIBILITIES IN EMERGENCY

MANAGEMENT 5.1 Introduction The Section 6, Issues For Local Government, is the first step in a process aimed at clarifying the respective roles and responsibilities of State and Local Government in South Australia with regard to hazard mitigation and all levels of emergency management (including those that appear to sit outside existing legislation). In order to assist the process, this Section identifies the current statutory roles and responsibilities in emergency management. 5.2 Commonwealth Government Role The Commonwealth Government Minister responsible for disaster and emergency management matters is the Minister for Defence and Emergency Management Australia (EMA) is the Commonwealth Government agency. Australia’s emergency management and counter-disaster arrangements are founded on the premise that, when the Australian Constitution was prepared, State and Territory Governments retained responsibility for those matters not addressed. This includes protection and preservation of the lives and property of their citizens. Under arrangements agreed with the State and Territories, the Commonwealth Government provides support to the States and Territories in developing their capacity for dealing with emergencies and disasters, and provides physical assistance to requesting States and Territories when they cannot reasonably cope during an emergency. 5.3 State Government Role In South Australia, the State Disaster Act 1980 makes provision for the protection of life and property in the event of a disaster or major emergency and for recovery following the event. Under this Act, the State Disaster Committee makes the necessary arrangements for dealing with disasters and major emergencies, including the preparation of a State Disaster Plan and a State Disaster Organisation capable of response and recovery operations under the direction of the State Coordinator (Police Commissioner) and establishes the Emergency Management Council (EMC) as the peak body in South Australia. The Committee, one of its members being a representative of Local Government, must keep under review the State Disaster Plan and evaluate its implementation. The Committee must also maintain contact with other organisations that might participate in disaster or emergency response and recovery operations. Divisional Disaster Committees are established in country regions and function under the direction of Divisional Coordinators (Police LSA Commanders) and also provide direction for emergency management planning at the local community level. The State Disaster Committee is required to consult with the LGA when reviewing and amending the State Disaster Plan. That Committee is also required to keep the LGA informed of what is expected of Local Government in the event of a disaster or major emergency. Please refer also to Appendix D - Norman Waterhouse Legal Research Report (2001).



The State Disaster Plan and Divisional Disaster Plans describe the contingency arrangement to respond to a disaster or major emergency, defined in the State Disaster Act as follows: Disaster

“Any occurrence, including fire, flood, tempest, earthquake, eruption, epidemic of human, animal or plant disease, hostilities by an enemy against Australia, and accident, that: (a) causes, or threatens to cause, loss of life or injury to persons or animals or

damage to property; and (b) is of such magnitude that extraordinary measures are required in order to protect

human life or property.” Major Emergency

“Any occurrence, including fire, flood, tempest, earthquake, eruption, epidemic of human, animal or plant disease, hostilities by an enemy against Australia, and accident, that:

(a) causes, or threatens to cause, loss of life or injury to persons or animals or

damage to property; and (b) that whilst not constituting a disaster should, in the opinion of the State

Coordinator, be dealt with under the Act because of the diverse resources required to be used in response to the emergency, the likelihood of the emergency escalating into a disaster or for any other reason.”

“Emergencies” or “events” that do not meet the criteria above, are not mentioned in the State Disaster Act, and from the legal research undertaken for this project it appears that such events are not covered by any current State legislation. The response to an incident that falls outside a “disaster” or “major emergency” is managed in accordance with normal operational procedures of the emergency service agency or agencies attending the incident. In addition, if the agency or agencies responsible for controlling an emergency incident advise the State Coordinator or a Divisional Coordinator that the incident is best managed under the coordination arrangements of the State Disaster Plan, then the State/Divisional Disaster Plan’s coordination procedures, including the activation of the State Emergency Operations Centre (SEOC) or a Divisional Emergency Operations Centre (DEOC) may be utilised.

5.3.1 State Disaster Plan

Under the State Disaster Act 1980, the State Disaster Committee makes the necessary arrangements for dealing with disasters and major emergencies, including the preparation of a State Disaster Plan and a State Disaster Organisation capable of response and recovery operations. The Committee reports to the Premier and is chaired by a representative from the Department of the Premier and Cabinet. The Act also appoints the Commissioner of Police to be the State Coordinator with authority to implement the State Disaster Plan. The South Australian State Disaster Plan is a contingency plan which describes the procedures for dealing with the impact of a “major emergency” or a “disaster” on a community or communities in South Australia. The State Disaster Plan describes the roles and responsibilities of the State Disaster Organisation and the procedures to: • gradually mobilise the State Disaster Organisation, eg during an escalating

emergency caused by deteriorating weather conditions



• coordinate response operations for the State Emergency Operations Centre • develop recovery strategies and implementation programs • deal with the media

Similar plans have been prepared by each Divisional Disaster Committee (refer next paragraph). These plans, plus any other 'special risk' plans prepared by other authorities, for example for foreign animal disease, form part of the State Disaster Plan. Divisional Disaster Committees are established in country regions and function under the direction of Divisional Coordinators. These committees are serviced by full-time State Emergency Service Divisional Officers. In addition, Planning Committees have been established in Metropolitan Police Divisions to prepare supplementary plans to the State Disaster Plan for a response to a major emergency or disaster in the Adelaide metropolitan area (SA Emergency Management website - Emergency Management Arrangements in SA). Whilst there is no legislative requirement for the preparation of “Local Community Emergency Management Plans”, local planning is undertaken with many communities in South Australia, generally with a response and recovery focus based on either Local Government or Police District boundaries. 5.3.2 Role of State Emergency Services (“SES”)

The State Emergency Service Act 1987 establishes the SES and makes provision for responding to emergencies which are defined to include any occurrence including fire, flood, storm, tempest, earthquake, eruption, epidemic of human, animal or plant disease, and accident that causes or threatens to cause, loss of life or injury to persons or animals or damage to property, but does not include: • an occurrence in respect of which a declaration under the State Disaster Act is in

force • a civil riot or disturbance • an industrial dispute

The functions of the SES are to: • assist the Commissioner of Police • assist the State Coordinator in response and recovery under the State Disaster Act • assist the SA Metropolitan Fire Service and Country Fire Service Board in

emergencies • deal with emergencies where no other body is in command respond to emergency

calls (see Appendix D - Norman Waterhouse Legal Research Report (2001) pp. 21-22)

The following Sections 5.3.3 and 5.3.4 explain the role of the two fire agencies operating in South Australia, the SA Metropolitan Fire Service and the SA Country Fire Service. These agencies cooperate to protect the whole of the State from the effects of fire and other incidents, working closely with agencies such as the Police, State Emergency Service, St John Ambulance, SA Ambulance Service and Red Cross.

5.3.3 Role of Metropolitan Fire Service (“MFS”)

The SA Metropolitan Fire Service Act 1936 (“MFS Act”) provides for the manner in which fighting and prevention of fires in fire districts and for protection of life and property threatened by other emergencies is to be undertaken. The MFS Act



establishes the corporation of the SA Metropolitan Fire Service with extensive powers and functions to provide emergency services. Commanding officers of the Fire Service are specifically and widely empowered to act at the scene of a fire or other emergency. An "emergency" is defined as arising from the escape of a dangerous substance, or a situation that involves the imminent danger of such escape. Police and all others are required to recognise the authority of the Chief Officer and commanding officers of the fire service and give assistance at the scene of a fire or defined emergency. The MFS Act also empowers Local Government authorised officers to act where there is a risk of fire on private land.

5.3.4 Role of the Country Fire Service (“CFS”)

The Country Fires Act 1989 (“CF Act”) establishes the CFS and provides for the prevention, control and suppression of fires and the protection of life and property in other emergencies occurring in the country. The CFS Board is established under the CF Act to administer and control the CFS and to take responsibility for the achievement of its purposes. Those purposes include management, resource planning, recruitments, training, and the preparation, maintenance and implementation of fire-fighting and emergency management plans in the country. Two members of this Board must be representatives of rural Councils. Local Government is also represented on both the South Australian Bushfire Prevention Advisory Committee which has the responsibility of advising the responsible Minister on fire prevention matters as well as at local level on the Regional Bushfire Prevention Committees which have a greater role in assessing fire hazards and coordinating bushfire prevention. In addition two or more rural Councils may by their own motion form a District Bushfire Prevention Committee with similar responsibilities as the regional committee (see Appendix D - Norman Waterhouse Legal Research Report (2001) pp. 11-12)

5.4 Local Government Role Individual Councils may have existing emergency management roles and responsibilities ascribed to them in Divisional Disaster Plans prepared under the auspices of the State Disaster Plan. These would generally be response and recovery roles and responsibilities in the event of a “disaster” or “major emergency” that fits the criteria mentioned in the State Disaster Act. As such, to date emergency management has been considered as a fairly narrow sphere, limited to Councils' role during an emergency or disaster event that may be of only brief duration. In contrast, hazard mitigation is an ongoing task of much broader proportions. Council powers of, for example, managing land, issuing orders and expiation notices, may serve to reduce dangers and therefore mitigate hazards, to reduce the severity of the impact of hazards, or in some circumstances, so that potential hazards do not ever become emergencies. Section 255(12) of the Local Government Act enables the Council to issue an order under Section 254 of the Local Government Act and require immediate compliance with the order. The order may be issued in respect of the activities specified in the table at Section 254, for example, hazards on lands adjoining a public place or animals that may cause a nuisance or hazard. In such circumstances, a Council may issue an order :- “255(12) If a council, in the circumstances of a particular case, considers- (a) that an activity constitutes, or is likely to constitute, a threat to life or an immediate

threat to public health or public safety; or



(b) that an emergency situation otherwise exists, the council may - (c) proceed immediately to make an order under this section without giving notice under

subsection (1); and (d) require immediate compliance with an order despite subsection (6)(a).” (Norman Waterhouse, Lawyers, 5/6/01)



6. ISSUES FOR LOCAL GOVERNMENT 6.1 Introduction Section 5 of this Manual deals with the various bodies of legislation as they presently exist. However, the current legislative framework does not consider and address all aspects of emergency risk management that form part of the debate in progress at both the National and State levels. Therefore it is timely to reflect the shift of focus to emergency management principles in line with current thinking to include, but not be limited to, any changes that may be required in legislation and/or policy. This Section attempts to identify areas where further work is required by both State and Local Governments in South Australia. 6.2 Shift of Focus in Emergency Management Emergency Management processes globally are shifting from a focus on response and recovery operations, to a risk management approach of identifying potential hazards and implementing risk treatments. The standards and guidelines that assist in the Disaster Risk Management approach and outline a structured method for identifying and managing risks are: • AS/NZ 4360:1999 - Standard for Risk Management • SAA/NZS HB143:1999 - Guidelines for Managing Risk in the Australian and New

Zealand Public Sector • Emergency Risk Management: Applications Guide - published by Emergency

Management Australia 6.3 Risk Management Risk is understood as the exposure to the possibility of financial loss, physical damage, injury or delay, as a consequence of pursuing, or failing to pursue a course of action. The concept of risk has two elements:

_ the likelihood of something happening; and _ its consequences.

"Risk Management is recognised as an integral part of good management practice. To be most effective, risk management should become part of an organisation’s culture. It should be integrated into the organisation’s philosophy, practices and business plans rather than be viewed or practiced as a separate program." (Standards Australia AS/NZS 4360 :1999 p. iii) Some of the benefits of effectively managing risk are: • "compliance with relevant legislation; • fewer costly surprises because undesirable risks are identified and managed; • improved loss control, reduced loss/incident damage and cost of risk including

commercial insurance premiums; • potential for reduction or stability in risk financing costs over the longer term due to

increased confidence by insurers in their risk aware/adverse clients; • a more rigorous basis for strategic planning as a result of a structured consideration of

the key elements of risk;



• a better preparedness for and facilitation of positive outcomes from subsequent internal

and external reviews and audit processes; • better identification and exploitation of opportunities; • better outcomes in terms of program effectiveness and efficiency, eg improved client

service and better use of resources (people, funds and equipment); • greater openness and transparency in decision making and the ongoing management

process; • improved flexibility for developing alternative actions through better understanding of

the sources of risk" (Standards Australia HB 143 : 1999 pp. 6-7) "Sound risk management not only contributes to good corporate governance, it also provides some protection for elected or appointed representatives and corporate executives in the event of adverse outcomes." "…. protection occurs on two levels. Firstly, the outcome may not be as severe as it might otherwise have been. Secondly, those accountable can, in their defence, demonstrate that they have exercised a proper level of diligence." (Standards Australia HB 143 : 1999 p. 10). The "use of risk management principles may aid the position of the organisation in dealing with certain kinds of civil action. …Moreover, failure to establish and maintain a proper risk management program may be evidence that the organisation was negligent." (Standards Australia HB 143 : 1999 p. 13). Accordingly, a defined and documented policy on risk management is advocated, and this risk management policy should be incorporated as part of an organisation's management policies (Standards Australia HB 143 : 1999 p. 46). 6.4 Emergency Risk Management Emergency Risk Management is one of the applications of the wider discipline of Risk Management. It deals specifically with the sources of risk (or hazards) that can cause emergencies. 6.5 Hazard Mitigation There is a need to clarify government and community roles in identifying and mitigating hazards as part of the Emergency Management process. Currently: Commonwealth Government - has no formal responsibility but supports States through training, education, marketing, planning, coordination and grant assistance. Publications such as Emergency Risk Management : Applications Guide encourage hazard mitigation to be undertaken in a thorough proficient manner. State Government - there is no mention of any hazard mitigation responsibilities in the State Disaster Act. However, in the State Disaster Plan 1996 there is mention of hazard and hazard analysis under Attachment 2 - Responsibility for Emergency Management Planning as follows: "1. Under Australia's constitution, responsibility for the protection of communities from hazards lies with the States and Territories. Thus emergency (disaster) management planning is a State Government responsibility. In South Australia this planning responsibility is invested primarily in the State Disaster Committee, pursuant to Section 8 of the State Disaster Act. 2. The State Disaster Committee is responsible to ensure that, in addition to the preparation of a State Disaster Plan, supporting plans such as Divisional Disaster Plans and Functional Service Plans are prepared. The Committee is also responsible to see that “special risk



plans” prepared by other authorities, eg Commonwealth plans for oil spillage and outbreaks of foreign animal disease, are compatible with the State Disaster Plan. 3. Divisional Disaster Plans are prepared by Divisional Disaster Committees under the direction of Divisional Coordinators who are appointed by the State Coordinator for specific Police Divisions, which are mainly, but not exclusively, in country regions of the State. Detailed responsibilities for planning at the divisional level are contained in the State Disaster Committee Handbook, Part 3. 4. In the preparation of Divisional Disaster Plans there will be a requirement to involve planning at the Local Community level, involving the active participation of Local Government authorities. This is to ensure that: (a) hazard analysis is done thoroughly (b) local resources which could usefully be involved in the response to a disaster or

major emergency are fully identified; and, (c) coordination procedures are established to ensure local resources are used

efficiently in support of a Divisional Plan". This information must be considered in the light of the stated scope of the State Disaster Plan, which is: "The State Disaster Plan is a contingency plan which describes the procedures for dealing with the impact of a 'Major Emergency' or a 'Disaster' on a community or communities in South Australia". From this it would appear that there are areas outside of the legislation that do not have well defined, established structures or processes for emergency risk management planning. Some of these areas are dealt with on a "needs" basis but further examination, discussion and negotiation between State and Local Government is required to enable a more consistent approach across State agencies and Local Government areas. Local Government is aware that the State Government agencies are currently re-examining their emergency management operations in the context of risk management principles. In discussions regarding emergency risk management and any functional and financial reforms that may be required as a result of the reviews, Local Government needs to consider whether it would prefer legislative certainty or a more flexible policy-based arrangement, or a combination of the two. Local Government - the Local Government Act does not mention emergency management per se but does make it incumbent on Councils to take measures to protect its areas from natural and other hazards and to mitigate the effects of such hazards (Section 7 (d) of the Local Government Act 1999) The Community - there are individual responsibilities incumbent on all citizens to take action to mitigate against potential hazards that are within their control or ownership, and there is a need to raise public awareness of these legal responsibilities that are not necessarily able to be passed on to other parties. The hazard mitigation / emergency risk management process requires planning, cooperation, coordination and consultation with all levels of government, emergency groups and the community. 6.6 Response and Recovery There is a need to clarify government and community roles in response and recovery operations as part of the Emergency Management process. Currently:-



Commonwealth Government - has no formal responsibility but supports States in developing their capacity to deal with emergencies and disasters through training, education, marketing, planning, coordination and grant assistance. It provides physical assistance when States cannot reasonably cope during an emergency. State Government - the State Government has responsibility under the State Disaster Act for coordinating response and recovery operations after disasters and major emergencies. The definitions of what constitutes a “disaster” and a “major emergency” are included in the Act and these basically cover an event of a magnitude that requires extraordinary measures to protect human or animal life or property, or requires a multitude of diverse resources, or is likely to escalate to a major event. The State Disaster Plan 1996, Attachment 2 - Responsibility for Emergency Management Planning as reproduced in Section 6.5 above describes the planning responsibilities of the State Government in regard to response and recovery operations. The State Disaster Committee is responsible for the State Disaster Plan, Divisional Disaster Plans and Functional Service Plans. Local Government - Local Government is represented on the State Disaster Committee and participates in disaster and emergency response and recovery operations under the direction of the State Government. There appears to be some inconsistency and uncertainty amongst Councils as to their role in Divisional Disaster Plans and Functional Service Plans for their regions under the auspices of the State Disaster Plan. More effective communication and liaison structures between State Government agencies and Local Government areas should remove this inconsistency.

6.7 Funding Sources for Hazard Mitigation There is a need to explore current funding sources and perhaps initiate new funding sources to enable the implementation of hazard mitigation projects both strategic and operational (for example, funding for infrastructure works), as part of the Emergency Management process. Local Government will need to consider the financial implications where they are to take a more active role in identifying and mitigating against hazards in the future. 6.8 Amendments to Emergency Management Legislation Current emergency management legislation may require amendment to reflect the outcome of negotiations between State and Local Government regarding individual and complementary roles in emergency management and in particular hazard mitigation. Any legislative amendments that result in a functional shift of responsibility from State to Local Government should include identification of funding sources for the implementation of hazard mitigation projects.



6.9 RECOMMENDATIONS Recommendation 1 - LGA Information Workshop That the LGA should hold Information Workshops on the Local Government Emergency Risk Management Manual .

The LGA recognises that the level of emergency risk management planning may vary from Council to Council depending on local requirements and resource availability. The Local Government Emergency Risk Management Planning Manual has been developed to assist Councils to adopt a more standard response in this area, in view of the obligations under the Local Government Act 1999. Information Workshops will enable Councils to gain a further understanding of the emergency risk management planning process.

Recommendation 2 - Consultative Structure A clear and consistent approach to emergency risk management is advocated.

Although there are Divisional Disaster Committees established in the country regions and metropolitan planning committees, initial indications as a result of the LGA survey findings are that there is a need to clarify State and Local Government roles in emergency management. More focus is required on the coordination between State agencies responsible for emergency management and Local Government. Consultation with Local Government would be required with many State Government agencies and other stakeholders (to varying degrees) including, but not limited to:- • SA Police • Metropolitan Fire Service • Country Fire Service • Bureau of Meteorology • State Emergency Services • SA Ambulance Service • St John Ambulance Service • SA Water Corporation • ETSA Corporation • SA Gas Company • Transport SA • Department of Environment and Natural Resources • PIRSA • Department of Administrative and Information Services • Business SA Feedback from Councils also highlighted the need to bring together coordination and consultation processes between Councils and groups of Councils. The possibility of running a pilot project has been identified by the State Government agency responsible for emergency management, Emergency Services Administrative Unit.



Recommendation 3 - Functional and Financial Reform That any discussions regarding emergency risk management should consider which sphere of government is best placed to carry out various functions and the associated financial implications.

The outcomes in Recommendation 2 may necessitate discussions and negotiations regarding functional and financial reform to address: • clarifying the roles and responsibilities of State and Local Government in hazard

mitigation and incidents that require a coordinated response but do not fall under the legislated definition of “disaster” or “major emergency”;

• identifying and/or setting up funding sources for hazard mitigation projects • amending legislation to reflect the roles, responsibilities and funding sources

identified above.

This recommendation recognises that due to a review of processes and structures currently being undertaken at the State level, clarification of the State and Local Government roles is expected to be achieved through ongoing discussions and future projects.

Recommendation 4 - Training That training courses relevant to the needs of Local Government are provided.

It is envisaged that as a result of outcomes in the recommendations 1-3 above, the Commonwealth, State and Local Governments will need to enter into discussions / negotiations for the provision of training courses relevant to Local Government requirements. It is envisaged that this include courses not only relevant to developing appropriate mitigation strategies, but also the provision of information surrounding response and recovery components as well as Council internal risk management procedures.



7. Incorporating Hazard Mitigation into Council Planning and

Development Systems 7.1 Introduction This Section investigates the current status of hazard mitigation principles and procedures in Council Development Plans and Development Assessment processes of Councils. As part of the investigations, a checklist has been developed. The function of the associated checklist is to assist Councils to incorporate hazard mitigation as an integral part of development assessment systems. The checklist will assist Councils in compiling an inventory of hazards as well as determining whether these hazards are inter-related. It is important for Councils to refer to Section 10 of this Manual, “Emergency Risk Management Planning in SA Local Government – A review of the Emergency Risk Management Applications Guide”, in conjunction with the checklist provided in this Section. This is an initial review of planning and development mitigation strategies. Key Issues for further consideration have been highlighted at Section 7.8 and have linkages to the Recommendations listed in Section 5 of the Manual, “Issues for Local Government”. 7.2 Hazards The Local Government Act 1999 does not define “hazards”. For the purposes of this Section “hazards” are regarded as potential sources of harm, injury, difficulty or any occurrence that risks exposure to danger or harm. This includes occurrences that can be: • Life threatening, and /or • Environmental such as flooding and storm damage • Social – such as civil unrest Potential Hazards include: • Flooding.

• flash floods, • floods of creeks, • flooding of rivers such as the Gawler River • flooding of the River Murray • land in flood prone areas – creeks, rivers

• storms

• severe storms • tornados • storm damage • wind damage

• bushfire

• coastal processes - potentially affected sites

• erosion • cliff collapses

• land contamination and landfill sites



• transportation

• plane crashes • location of flight path relative to housing, roads, etc • location of main freight routes relative to water resources (eg. potential hazards

associated with chemical spills caused by vehicle accidents) • noxious industries – buffer distances (eg piggeries, chemical plants) • site sensitivity issues – location – ie, Flinders Medical Centre is built on a fault line, etc • extended failure of services • earthquakes Please also refer to the Emergency Management Australia (EMA) “Emergency Risk Management - Applications Guide” definition of hazard outlined in Section 10 of this Manual (p. 50). 7.3 Background Research Many Council Development Plans include several provisions under the “Hazard Risk Minimisation” heading within the Council Wide section. These polices are generally reflective of a Statewide Ministerial Plan Amendment Report. The provisions under the “Hazard Risk Minimisation” heading address issues such as flooding, coastal hazards, appropriate building levels and erosion. 7.4 Review of Selected Development Plans A review of Council Development Plans indicates that Councils do, to varying degrees, address hazards and may include provisions contained within the Council Wide section of the Development Plan. The following is a list of the types of hazards addressed in Council Development Plans:- • flooding, including

• standard sea level flood risk • stormwater run-off or flood water • finished floor levels • location of buildings relative to tidal water

• environmental protection, including • pollution • maintenance of water quality

• bushfires • coastal areas, including

• interference with coastal processes, flood, wave and erosion mitigation • erosion (see below) • stormwater flooding

• erosion, including • set-back distances from the coast to provide an erosion buffer which will allow for at

least 100 years of coastal retreat for development and other details for erosion buffers • flooding

• airports, including • runways limitations • accident aversion

• marine aquaculture and associated hazards



7.5 Consultation with Councils – Overview of Findings For the purposes of this Section of the Manual, three Councils were consulted specifically and include representation from country and metropolitan Councils. The consultations indicated that Local Government is aware of the implications of various hazards and in many instances have developed provisions in Development Plans accordingly. However, this is generally due to Statewide Ministerial Plan Amendment Reports. In particular, provisions addressing key hazards including flooding, stormwater, bushfires and coastal hazards are common place within many Development Plans with Councils having the aim of reducing the community’s vulnerability to such hazards. Hazards that are not perceived as being a high risk or that have not had a history of posing a recent threat to Councils such as earthquakes, are often not addressed within Council Strategic and Development Plans. For example, there appear to be no provisions addressing earthquakes as a potential hazard within metropolitan Councils where fault lines run through them. The Building Code addresses building standards relating to earthquakes. However, there may be merit in Council Development Plans also addressing earthquakes. Perhaps the first step Councils could take in this regard would be to outline on a Section 7 Notice that a property is situated in the vicinity of a fault line. Some Councils advised that the reason that hazards such as earthquakes are often not dealt with at the Local Government level is that Councils principally focus on hazard mitigation issues that are defined as local in nature. It is the role of the State Government to deal with “disasters” and “major emergencies” (refer to Section 5 of the Manual, “Statutory Responsibilities in Emergency Management”). Representatives from metropolitan Councils advised that the threat from landfill and contaminated sites is becoming a greater hazard in many inner urban areas. While some Councils have a register of potentially contaminated land sites, such hazards are not often addressed within Development Plan provisions. The first step in addressing these hazards within Council Development Plans would involve the mapping and identification of all known sites. However, due to minimal Council resources, such hazards are not addressed within Development Plans. The State Government agencies responsible for the environment and urban planning could investigate the possibility of undertaking the work required to identify affected sites and make this information widely available. The lack of Council resources to effectively mitigate against hazards and monitor and review the impact of mitigation strategies was highlighted generally. Funding issues have been addressed in Section 6 of the Manual, “Issues for Local Government”. It was identified that a particular category of hazards exist between agricultural areas and semi-urban areas, for example, the impact and/or effect of pesticides and spray drift. In some cases these hazards are addressed with Development Plan provisions and work in tandem with Council by-laws and order making powers. While some solutions may be reactionary, opportunities exist to address hazards through implementing mitigation strategies, for example, outlining buffer distances in Development Plans. Concern was expressed regarding the fragmented approach that is taken towards hazard mitigation. It is not uncommon to approach mitigation planning for separate hazards in isolation rather than in an holistic approach, thus there is a danger that mitigation strategies developed for one potential hazard, may impact negatively on the surrounding environs. Representatives from both metropolitan and country Councils would like to see a coordinated and consolidated approach to hazard mitigation.



While Councils may have an understanding of the types of hazards threatening the Council area that, in turn, may be identified within Development Plans, in some instances they are dealt with on an ad hoc, reactionary basis. While Councils have emergency management plans, there are opportunities for improvements to Council’s Development and Strategic Plans. This process should not be carried out in isolation and the Environment Protection Agency and other State agencies should provide assistance. There are benefits in developing a local emergency plan in addition to the State Government Emergency Plan. This concept is supported by the State Government Agency responsible for emergency risk management, the Emergency Services Administrative Unit (ESAU) and has been identified as an area requiring further investigation. Suggested inclusions in hazard mitigation strategies include conducting a risk management review of all hazards to the community (review by Divisional Disaster Committee), prioritising treatments and investigating funding options. These three suggestions have been identified and are discussed in Sections 6 and 10 of the Manual. 7.6 Examples Of Current Local Government Best Practices For Addressing

Hazards After a review of selected Council Development Plans and consultation with representatives of Local Government, some examples of current Local Government best practice methods for addressing hazards have been determined. These include those detailed below.

7.6.1 Contaminated land

Some Councils have a register that lists potentially contaminated land sites. This allows Councils to be prepared to advise developers of such sites of the potential threat of such sites and allows Council to recommend that soil testing be carried out. Two actions that Councils must take account of relating to contamination include Plan Amendment Reports and assessing development applications. The practice could be improved by the State Government mapping and registering contaminated land sites so that the information is widely available. Such information should feature on Section 7 Statements.

7.6.2 Land situated in flood prone areas Many Councils have mapped the flood prone areas and include this map within the Development Plan. However, this has not occurred for all Councils and it would seem that this would be a useful hazard mitigation tool for Councils. A centralised GIS mapping system developed by State Government that is available to all Councils would be a useful tool in this regard and would allow developers to be aware of potential flooding hazards.

7.6.3 Bushfire prone areas Councils with the threat of bushfire within their Council boundaries have various methods of dealing with the issue. However, one of the best practices is for the reference to be made to these areas within the Development Plan so that referral of development applications to the CFS is required. A Statewide Ministerial Plan Amendment Report requiring referral to the CFS for development situated in a bushfire prone area should be implemented. In addition, it is recommended that the mapping of bushfire prone areas for both planning and building regulations be reviewed.



7.7 Draft Council Checklist The checklist (over page) is anticipated as being a first step for Councils to allow further consideration in respect to the impact of hazards and plan for them accordingly. Councils should also refer to Section 10 of the Manual, “Emergency Risk Management Planning in SA Local Government - A review of the Emergency Risk Management Applications Guide”. This sets out steps for emergency risk management and includes steps as referred to in this checklist, that can be applied.

PART A Identification and Analysis of Hazards

PART B Vulnerability Assessment

PART C Community Capability Assessment & Review of Best Practice Methods

PART D Mitigation Strategy



PART A Identification and Analysis of Hazards PART B Vulnerability Assessment

1 Hazard Mitigation Committee

2 What are the Hazards?

3 Compilation of facts associated with hazards

4 Hazard Rating/risk analysis

1 Identify areas of Greatest Risk

2 Hazard Mapping

3 Determine whether different hazards are Interrelated

Does Council have a Committee established who meets regularly to discuss hazard mitigation (ie the prevention of hazards) rather than a disaster response committee?

If the answer is negative then the CEO should give priority to establishing a committee that should include a strategic planner, works/engineer manager and a environmental health officer.

Refer to LGA/Planning SA Guidebook (suggest this be developed), Committee Section to assist Councils develop hazard mitigation policies & procedures

Establish Hazard Mitigation Committee

Is Council aware of hazards that can be identified as potential sources of harm, injury, difficulty or any occurrence that risks exposure to danger or harm? This includes occurrences that are: Life threatening, and/or Environmental such as flooding and storm damage Social – such as civil unrest

Broad list of hazards

Council needs to know the type of hazards that threaten the community; the likelihood of occurrences of the hazards, the location of the community that is most vulnerable, the impact of the hazard and the strength of the hazard

List hazards that have already affected the Council

List hazards that have potential to affect Council Eg. Earthquakes in areas that are situated in fault lines; plane crashes – particularly within Council areas that are in direct flight path

Compile maps of the community, and local road maps showing local topography and hazard prone areas as well as data on where and when hazards have hit the community

List & mapping of hazards affecting Council

Rate hazards in terms of real or perceived risk, nature and severity. This will involve analysis of each hazard in terms of the effect on loss of life, environment impact, cost to Council to restore/prevent.

Refer to LGA/Planning SA Guidebook (to be developed), Risk Analysis Section

Seek advice from Mutual Liability Scheme to assist in prioritisation

Rating of hazards affecting Council

Create an inventory of the current population in vulnerable areas;

Prepare a map showing the areas identified in step 1

Or impact on other hazards

Create an inventory of “projected population” in vulnerable area,

Map of Vulnerable Areas

Assessment of interrelated hazards

Inventory of projected and current population in vulnerable areas



PART C Community Capability Assessment of Best Practice Methods

PART D Mitigation Strategy

2 Review of Stakeholder Guidelines

Review of how Council is addressing hazards

Review national and international guidelines where relevant

Analyse policies and programs that may affect vulnerability

Review of how other stakeholders are addressing hazards

1 Analysis of Policies and Programs

4 Community Goals

List of Community Goals

Note existing policies and programs and evaluate their effectiveness

Review of national and international best practices

Create solutions to address hazards

2 Goals and Time Frames

Set goals and time frames for achieving the goals

Plan for action for addressing hazards

Review state of other stakeholder guidelines, codes of practice.

List any community goals that are relevant to mitigation

Review best practice materials.

3 Seek National & International Guidelines

1 Identify new Initiatives or changes to Existing Policies

Identify new initiatives or changes to existing policies to improve resistance to identified hazards



7.8 Key Issues for Further Consideration The following key issues have been identified as areas for further investigation:- • Consultations with Planning SA need to be carried out in order to further develop best practice

methods for hazard mitigation planning. • Further to the above, Planning SA in association with other State Government Agencies as well

as the Local Government Association should adopt a leadership role in the development of hazard mitigation policy. Planning SA should be the catalyst to promote the amendment of Development Plans so that hazard mitigation issues are dealt with.

• Planning SA in association with the Local Government Association should hold workshops,

generate Planning Bulletins and run education sessions to inform Councils of the significance of hazard mitigation planning.

• Further research on the subject of hazard mitigation should be carried out to include both

national and international examples. The Queensland and Victorian models would be particularly useful to refer to in order to resist ‘reinventing the wheel’.

• Relationships between State and Local Government should be developed and enhanced by

the establishment of a committee to tackle hazard mitigation so that information sharing can take place and a consistent approach is adopted.

• Emphasis should be on a proactive rather than a reactive approach to tackling hazard

mitigation encompassing the wide and varied variety of hazards that range from chemical storage to earthquakes.

• A Ministerial PAR should be authorised so that mandatory referral to the CFS for development

in Bushfire Prone areas is required. • State Government should undertake the work required to identify landfill and contaminated

sites and make this information widely available in order to generate a register of potentially contaminated land sites. It would then be possible for this information to appear on Section 7 Statements.

• A centralised GIS mapping system developed by State Government that is available to all

Councils would allow developers to be aware of potential flooding hazards. • Fault lines should be effectively mapped and the associated information could feature on

Section 7 Notices. • Gaps between what the Building Code of Australia handles and Development Plans are able to

deal with should be explored and resolved. • Forward planning in respect to the location of Emergency Service facilities should be

undertaken by State Government representatives. • Workshop with representatives from a wide cross section of Councils and State Government

specialists should be held in order to determine awareness of hazard mitigation and assist the further development of the checklist



7.9 Summary Section 7 has presented an overview of planning and development strategies incorporating hazard mitigation and has identified areas warranting further investigation. It would appear from this brief overview that presently hazard mitigation strategies in planning and development is primarily focussed on reactive planning / recovery and response management plans. While incorporating such response management plans is an important part of emergency management planning, there are many benefits for Councils incorporating hazard mitigation strategies in their Development Plans. (Refer to Section 4 of the Manual, “Hazard Mitigation Discussion Paper”.) Further consultation with Councils and State Government agencies, in particular Planning SA, is required to scope out the key issues identified in the Section 7.8.



8. Funding Opportunities and Recognition Awards for Local

Government 8.1 Introduction Section 4.6 indicated that a range of hazard mitigation measures are already being undertaken by Local Government or involve Local Government in either a supporting or participating capacity. Further, Recommendation 3 in Section 6 of the Manual identified the need to explore funding sources and/or initiate new funding sources to enable Councils to implement hazard mitigation strategies. Funding is a key issue. There are many initiatives and/or opportunities for funding and recognition at the national and state level that already exist. Some are identified in this Section. Please note that this list is not intended to be exhaustive and there may be some programs not identified below. Some general sites that Councils should be aware of are :- • www.grantslink.gov.au (Federal) • www.grants.ord.sa.gov.au (State)



8.2 South Australian Local Government Disaster Fund The South Australian Local Government Disaster Fund was established to provide assistance to local governing authorities due to the impact of natural disasters or other adverse events or circumstances that are non-insurable and beyond the capacity of Councils to pay. The Fund is administered by a Management Committee comprising two nominees of the Local Government Association, a nominee of the Minister for Local Government Relations, the Chairperson of the Local Government Grants Commission and the Under-Treasurer. Funding guidelines: • Type of disaster - natural disasters of a significant size relative to the capacity of the

Council to fund. Loss or damage caused by council negligence is not eligible for assistance.

• Type of damage - loss of, or damage to, property in the care, control and management of the council will be considered eligible for assistance.

• Assessment of claims - claims will be assessed by the Local Government Disaster Fund Management Committee on a case by case basis.

• Form and level of assistance - will also be determined on a case by case basis, and may include assistance either as a once-off grant or a subsidy towards borrowing costs. The scale of the disaster relative to the capacity of the Council will be assessed when determining the level of assistance.

Councils that believe they are eligible for assistance are encouraged to contact the Disaster Fund as soon as possible after the disaster has occurred. Submissions for Disaster Funding should include: • Evidence of the nature and extent of the loss or damage. • Assessment of reinstatement or replacement costs. • All relevant details of the event causing the loss or damage. • Assessment of Council's financial situation including proposed arrangements for financing

the reinstatement or replacement. For further information please contact: Ms Jane Gascoigne Executive Officer Local Government Disaster Fund GPO Box 667 Adelaide SA 5001 Phone: (08) 8207 0651 Fax: (08) 8207 0661 Email: [email protected]



8.3 Emergency Management Australia Projects Program The Emergency Management Australia Projects Program is aimed at fostering projects which: • improve Australia's capabilities for preventing or dealing with natural or technological

hazards and disasters • improve community awareness of the risks posed by natural and technological hazards • focus on prevention, preparedness, response and recovery strategies, or • reduce the vulnerability of communities or essential services to natural and technological

hazards. The maximum amount of cash funding will normally be $40,000. Higher amounts may be approved in special circumstances. However, the average funding granted for approved projects is $16,000. Proposals may be considered more favourably if a portion of the funds or resource requirements is provided by the originator of the proposal, stakeholders, or from other sources. Corporations and state/territory agencies are expected to contribute cash or in-kind resources to at least match the EMA Project Program contribution. Proposals are assessed on: • potential to improve emergency management capabilities • potential for application to other areas or communities • suitability of the proposed method and process • degree of innovation • appropriate skills and abilities of applicants to undertake the project and to complete it

within the specified time frame • financial and other support from relevant stakeholders and partners • favourable referee reports, and • value for money Eligibility: Any individual, organisation or government agency is eligible to apply for funding under the EMA Projects Program. The Projects Program is conducted annually on a financial-year basis. Projects should be completed in one financial year. Under special circumstances, however, projects which run over two or more successive years may be approved. For the February 2001 funding round projects focussing on the following themes were strongly encouraged: • cost-benefit analysis of mitigation measures and initiatives • emergency management in rural and remote areas of Australia • understanding and assessment of community vulnerability and resilience • land use planning, and • volunteers (2001 is the International Year of the Volunteer). Successful applicants are required to enter into a contract with the EMA. For further information, please contact: EMA Projects Program Emergency Management Australia PO Box 1020 Dickson ACT 2602 Phone: (02) 6266 5408 Fax: (02) 6257 7665 Email: [email protected]



8.4 Natural Disaster Risk Management Studies Program The purpose of the Natural Disaster Risk Management Studies Program is to encourage State, Territory and Local Government to undertake worthwhile risk management studies to identify, analyse and evaluate risks from natural disasters through the provision of Commonwealth financial assistance towards the cost of these studies. The program is also intended to stimulate the introduction by State or Local Government of measures to reduce those risks identified by any studies as unacceptable to more acceptable levels. The program provides up to $3 million per annum that is used to fund up to a third of each individual study. Eligibility: All State and Local Government entities including departments, agencies, authorities and trusts that have local government functions or are responsible for natural disaster risk management. The studies must: • relate to the risks posed by bushfires, cyclones, floods, storms and/or earthquakes • be studies and not involve any actual implementation of works programs • examine not just physical mitigation measures but also social and community based

strategies which can reduce the vulnerability of those elements at risk from the particular hazard(s)

• have commenced within the funding period and have not already been completed • have funding provided by State and/or Local Government for at least two thirds of the cost

of the study • not have received funding from other Commonwealth programs For further information please contact: Allan McDougall State Emergency Management Training Officer Department of Justice Emergency Services Administrative Unit C/- State Emergency Operations Centre 20 Carrington Street Adelaide SA 5000 Phone: (08) 8207 5756 Fax: (08) 8231 7754 Email: [email protected]



8.5 Federal Flood Mitigation Program The Federal Government will implement a new Federal Flood Mitigation Program, providing $40 million over four years to assist State and Territory Governments and local agencies to reduce the risk and damage caused by floods in regional, rural and outer metropolitan areas of Australia. This will have significant benefits for the safety, economic prosperity and employment of those parts of Australia most prone to flood events and cyclone-related flooding. By extending the former Regional Flood Mitigation Program to outer metropolitan areas, increasing the quantum of funds available for mitigation, and committing funds over four years, the three spheres of government will be working together to more effectively reduce the vulnerability of communities at risk. As with the former Regional Flood Mitigation Program, the new program will be a partnership with the States and Territories, financially assisting flood-prone local governments to install protective works. In the first year of the Program, (2001-02), $10 million will be available to commence new and continuing priority projects. The Federal Government will fund one third of the cost of approved priority projects. The remaining two thirds of the project cost is to be funded by the State/Territory and local government, with the State/Territory at least matching the Federal Government's contribution. This funding is in addition to existing State and local government programs. The selection process in South Australia has been integrated with the system used to prioritise projects under the State Government’s Catchment Management Subsidy Scheme. The Catchment Management Subsidy Scheme Advisory Committee advises the State Minister for Water Resources of what projects should be considered for assistance under this program. The State Minister then recommends to the Commonwealth Minister what South Australian projects should receive support from the program. The Federal Government normally calls for expressions of interest early in each calendar year for support from this program. Expressions of interest should only be lodged by those Councils that have previously sought financial support for the same project from the State Government Catchment Management Subsidy Scheme, as this is the only funding available to provide the one-third State Government share to the project. For further information please contact:- Mr. Kumar Savadamuthu Department of Water Resources Phone: (08) 8207 2019 or:- Countrylink Australia Department of Transport and Regional Services GPO Box 594 Canberra ACT 2601 Phone: 1800 026 222 Email: [email protected] Web: www.dotrs.gov.au/regional/rfmp/guidelines/guide2.htm



8.6 Catchment Management Subsidy Scheme The Catchment Management Subsidy Scheme (CMSS), formerly called the Stormwater Management Subsidy Scheme, provides funds for works, studies and land acquisitions for water management projects. Generally, funding is made available to councils on a matching dollar for dollar basis. Project submissions are assessed against criteria and funded in ranked priority to the level of funds available. To promote and support the multi-objective planning and management of catchments by considering subsidy for: • land acquisition, technical investigations and construction of works proposed by Local

Councils, Drainage Authorities and Catchment Water Management Boards • local water management plans under s108 of the Water Resources Act, 1997 for Local

Councils • local action plans aimed at improved management of water resources for community groups. • guidelines for ‘best practice’ in management of water resources.

• promoting, planning and implementing catchment management programs in South Australia. Councils are invited each year by the Catchment Management Subsidy Scheme Advisory Committee to make applications to the scheme in accordance with specified criteria for funding provided to them. For further information please contact:- Mr. Kumar Savadamuthu Department of Water Resources Phone: (08) 8207 2019



8.7 Natural Heritage Trust The Natural Heritage Trust (NHT) funds a number of initiatives, for example, the National Landcare Program. Funds are provided to help local groups with on-ground action, awareness and training activities, trials and demonstrations and on-ground project support. These types of activities are aimed at improving production, land and water quality, and conservation activities promoting sustainable land management and use. Projects may be on public or private land but to be eligible for funding they must be able to demonstrate that activities will lead to community benefit. Community groups, Local Government authorities, government agencies and others seeking support should apply through the NHT One Stop Shop. The NLP also provides tax incentives for individual taxpayers that are designed to encourage primary producers and some rural landholders to invest in landcare as an integral part of operating their businesses For further information please contact: NLP Contact Officer Department of Agriculture, Fisheries and Forestry - Australia GPO Box 858 Canberra ACT 2601 Phone: (02) 6272 4350 Fax: (02) 6272 4526 Email: [email protected]



8.8 Coasts and Clean Seas Program The Coasts and Clean Seas Program supports sustainable waste water management in coastal areas. Through a coordinated approach it tackles waste water pollution from costal cities and towns, while at the same time waste water reuse reduces the demand on freshwater supplies. The program also aims to reduce marine pollution from other sources such as shipping, boating activities and aquaculture. The Coasts and Clean Seas Program is advertised nationally around February each year as part of the Coast and Clean Seas local component. Guidelines and Application Forms are available from the environment web site. The Coasts and Clean Seas Program includes: • The Coastal Monitoring Program - provides funds for monitoring projects that directly

contribute to tackling the causes of environmental degradation • Coastcare - supports direct community involvement in the management and protection of

coastal, marine and estuarine areas. Its focus is on practical actions and on-ground works that tackle the causes of environmental degradation

• Marine Protected Areas Program - provides Commonwealth funding to the States and the Northern Territory for projects relating to the establishment of Marine Protected Areas. The program operates on a cooperative basis, working closely with marine conservation and resource management agencies around Australia

• Marine Species Protection Program - the Commonwealth Government is working to conserve whales, dolphins, marine turtles, dugongs and other marine wildlife through this program.

• Marine Waste Reception Facilities Program - will deliver and publicise best practice facilities for marine waste reception at selected ports, marinas and boat harbours in all coastal States and Territories. It is being implemented in cooperation with the States, Territories, Local Governments and industry to minimise pollution from ships and boats.

For further information please contact: Mr Jason Ferris Department of the Environment and Heritage Marine Group GPO Box 787 Canberra ACT 2602 Phone: (02) 6274 1320 Fax: (02) 6274 1006 Email: [email protected] Web: www.environment.gov.au/marine/programs.html



8.9 Planning and Development Fund

Grants may be available through the Planning and Development Fund (P&D Fund) for proposals that contribute to the Metropolitan Open Space System (MOSS). These monies are available via application through the strategic planning group at Planning SA, and are subject to meeting relevant criteria of the P&D Fund. Planning SA assess each proposal for eligibility. Funds are able to be used for a variety of purposes including land acquisition and development for open space purposes and require appropriate acknowledgement to be made. It is also common that land purchases generally need to form part of a regional open space network. Development of the land, however, may incorporate hazard mitigation works such as flood control/wetlands along major open spaces where they are located adjacent to creek or river lines. The funds are limited in some circumstances and often Councils will need to demonstrate their input into a development process in order to enhance their opportunities to obtain funding. The Planning SA website contains details of the criteria to be filled and how to apply. For further information please contact:- Rick Gibki Planning SA Phone: (08) 8303 0757 Fax: (08) 8303 0797 Email: [email protected] Website: www.planning.sa.gov.au



8.10 National Awards for Innovation in Local Government The National Awards for Innovation in Local Government is a Federal Government program established 13 years ago to foster and acknowledge innovation and continuous improvement in the Local Government sector. The National Awards identify and reward Local Government bodies, associations and other collaborating organisations who are developing and implementing innovative, resourceful practices that improve Local Government outcomes and help to build sustainable Australian communities. Awards are presented for the best entry and the best rural entry in the following categories: • business and regional development • community services • engineering, infrastructure and urban design • environment • health services and aged care • information technology • organisational practices • youth services National Awards for the most innovative entry overall, and the most innovative rural entry overall are also presented. Eligibility: • Local Government bodies or associations including Councils, regional groups of Councils,

Aboriginal and Torres Strait Islander community Councils and Local Government industry committees - Bodies whose sole or principal function is to provide a particular service such as water or electricity are excluded.

• Organisations collaborating with one or more Local Government bodies or associations may enter through the Local Government body or bodies if they are the principal applicant.

For further information please contact: Countrylink Australia Department of Transport and Regional Services GPO Box 594 Canberra ACT 2601 Phone: 1800 026 222 Email: [email protected] Web: www.dotrs.gov.au/countrylink/index.htm



8.11 Safer Communities Awards

The Australian Safer Communities Awards recognise excellence in emergency management at the State, Territory and National level. The Awards recognise best practice in emergency management that contributes significantly to building safer communities across Australia.

There are two categories of Awards that cover all areas of emergency management - prevention, preparedness, response, recovery: • Pre-Disaster Award - This Award covers activities aimed at preventing or mitigating

disasters and emergencies or their effects, including preparedness activities. • Post-Disaster Award - This Award covers two areas - response and recovery. The Awards have five streams: • Federal and Stage Government Agencies • Local Government • Volunteer organisations and community groups where membership is substantially

voluntary • Private sector organisation, and • Combinations of any of the above (ie joint projects) Individuals may also submit entries that will be judged in one of the appropriate streams. Entries are judged on: • Degree of community safety improvement and future benefits • Degree of best practice • Degree of innovation • Degree of effectiveness and efficiency of implementation • Benefits to others For further information please contact: Australian Safer Communities Awards Emergency Management Australia PO Box 1020 Dickson ACT 2602 Courier address: Australian Safer Communities Awards 8th Floor Northbourne House 219 Northbourne Avenue Turner ACT 2612 Phone: (02) 6248 9344 Fax: (02) 6257 3363 Email: [email protected]



9. LGA EMERGENCY MANAGEMENT/HAZARD MITIGATION

SURVEY 9.1 Analysis of Survey A survey was designed and distributed to Councils by the LGA to establish the current status of emergency management identification and planning in Councils. 46% of Councils responded to the LGA Emergency Management/Hazard Mitigation Survey and an analysis of the responses revealed that: • 65% of responding Councils have a "General" Emergency Management Plan that could

be either a Council prepared document or a Divisional Disaster Plan or Local Community Plan prepared under the auspice of the State Disaster Plan.

Of these: 15% include hazard mitigation measures 40% include emergency recovery procedures 75% include roles and responsibilities of Councils and other agencies 35% include testing and review procedures 70% include human, equipment and materials, and financial resources − 35% have no "General" Emergency Management Plan. • 19% of responding Councils have references to emergency hazard mitigation or response

in their Strategic Management Plans and/or other corporate documentation, while − 81% have no reference to emergency hazard mitigation or response in any of their

corporate documentation • 26% of responding Councils have Business Continuity Plans, while − 74% have no Business Continuity Plans except for those prepared for Y2K • 6% of responding Councils have emergency hazard mitigation incorporated into their

Development Plan − 94% have no mention of emergency hazard mitigation in their Development Plans • 81% of responding Councils have responded to emergencies (in the last 20 years)

including fires, floods, storm and wind damage, chemical spills, vehicle accidents, high seas, airport incidents, riots, LPG explosions and locust plagues

− 19% have not been required to respond to an emergency in the last 20 years. • The emergency risks that are of highest priority to the Councils who responded to the

survey are: floods, fires, vehicle accidents, wind damage, chemical spills and extended failure of essential services.

It can be seen from the survey results that many Councils do not have strategic management or operational plans in place to fulfil the requirements of the Local Government Act in relation to hazard mitigation. Accordingly, the Local Government Emergency Risk Management Manual has been developed to assist Councils to implement hazard mitigation strategies.



9.2 Survey Format

LGA Emergency Management/Hazard Mitigation Survey

Return to the LGA by 16/3/2000 by e-mail: [email protected] or Fax: 8232 6336

Date: 1/3/01 File Ref: 20.6 LGA Circular Reference 9.10

Please Note: Councils are not limited to the space provided in this Survey. If not completing electronically, please provide separate attachments where necessary.

Council Name: _____________________________________________________________________ Contact: ______________________________Position: _______________________________ Phone No: _____________________________Email: ______________________________________ Date Completed: _______________________ In completing this survey please indicate if consultation with other representatives from your Council occurred -

❑ No Consultation ❑ CEO with reference to Council Policy

❑ Council Meeting ❑ Elected Members

❑ Other please specify __________________________________________________________

ITEM 1. Does Council Have a “General” Emergency Management Plan?

(ie an Emergency Management Plan covering all emergencies regardless of the nature of the specific risk) For example is Council’s role mentioned in any Divisional Disaster Plans or Local Community Plans prepared under the auspice of the State Disaster Plan

❑ Yes ❑ No

ITEM

2. If “Yes” to Item 1, briefly describe the contents of the plan, emphasising the role of the Council including: • Does it include Hazard Mitigation Measures • Emergency Recovery Procedures • Roles and Responsibilities (Councils and other agencies) • Testing and Review Procedures • Resources – human, equipment and materials, financial

___________________________________________________________________________

ITEM

3. Does Council’s Strategic Management Plans (S122 of the LG Act 1999) and/or any other corporate documentation contain any reference to emergency hazard mitigation or response. Briefly describe.

❑ Yes ❑ No __________________________________________________________________________



ITEM

4. Does Council have a business continuity (disaster recovery) plan for its own operations. Briefly describe.

❑ Yes ❑ No __________________________________________________________________________

ITEM 5. Does Council have a policy on Emergency Hazard Mitigation incorporated in its Development

Plan? Briefly describe.

❑ Yes ❑ No __________________________________________________________________________

ITEM 6. Has Council been required to respond to an emergency in the last 20 years? Briefly describe,

including summary of “lessons learned”.

❑ Yes ❑ No ___________________________________________________________________________

ITEM

7. Listing of Specific Emergency Risks and Plans In the following Tables A & B over the page please indicate: • The types of risk applicable to your Council area. Where the risk is not considered relevant to the

Council area, please write “0” (zero). • The degree of risk from 1 to 5 where “1” = very low risk and 5 = very high risk • Whether or not there is a Prevention/Mitigation Plan for the risk area identified and whether such a plan

is formal (documented) or informal – please tick the appropriate column or write “0” (zero) if there is no plan in place

• Whether or not there is an Emergency Recovery Plan for the risk area identified and whether such a plan is formal (documented) or informal – please tick the appropriate column or write “0” (zero) if there is no plan in place.

• For each of the types of risk considered applicable to the Council area, please list other agencies/groups which are involved or have some responsibility for the management of the risk and briefly describe the responsibilities of the Council and the responsibilities of the other groups/agencies. “Responsibilities” could include any or all of the following functions – planning, prevention, preparation, training, monitoring, warning, responding, supporting, controlling, recovery.

ITEM

8. Please provide any other comments


_______________________________________________________________________________________________________________________________________________ Local Government Association of South Australia Page 48

TABLE A – Prevention/Mitigation Plan

Prevention/Mitigation Plan (Yes/No)

Type of Risk Risk¹ 1 (low)→5 (high) Informal Documented

Please List Other Agencies Involved

Other Agencies Responsibilities (Briefly describe)

Councils Responsibilities

Fire

Flood

Wind Damage

Earthquake

Explosion

Industrial Event – Chemical Spill etc.

Environmental Health eg Food/Water poisoning/Epidemic (please specify)

Major transport event/accident

Extended failure of essential services

Other Please List


_______________________________________________________________________________________________________________________________________________ Local Government Association of South Australia Page 49

TABLE B – Emergency Recovery Plan

Emergency Recovery Plan (Yes/No)

Type of Risk Risk¹ 1 (low)→5 (high)

Informal Documented

Please List Other Agencies Involved

Other Agencies Responsibilities (Briefly describe)

Councils Responsibilities

Fire

Flood

Wind Damage

Earthquake

Explosion

Industrial Event – Chemical Spill etc.

Environmental Health eg Food/Water poisoning/Epidemic (please specify)

Major transport event/accident

Extended failure of essential services

Other Please List


__________________________________________________________________________________________ Local Government Association of South Australia Page 50

10. Emergency Risk Management Planning in SA Local

Government – A review of the Emergency Risk Management Applications Guide

10.1 Introduction The “Statutory Responsibilities in Emergency Management” discussion paper included in this manual highlights that a Council has a responsibility under Section 7(d) of the Local Government Act 1999 “to take measures to protect its area from natural and other hazards and to mitigate the effects of such hazards”. The Local Government Act 1999 does not define “hazards”, however the Emergency Management Australia (EMA) “Emergency Risk Management – Applications Guide” (“Applications Guide”) prepared in 2000 defines hazards as:

“a source of potential harm or a situation with a potential to cause loss. (In emergency risk management – a situation or condition with potential for loss or harm to the community or environment).”

Annex F to the Applications Guide provides examples of hazards that could be addressed in an emergency management plan. The Applications Guide has been prepared for a wide audience (not just Local Government) and consequently the examples included are very broad and many of them may not be considered by Councils as those for which they would have a direct or indirect role in terms of mitigation. The issue of “mitigation” is not defined in either the Applications Guide or the Local Government Act. Given that the Local Government Act does not provide clarity of scope in terms of hazard mitigation Councils have the scope to determine the parameters for their hazard mitigation approach. In doing so, it would be prudent for them to undertake an assessment of potential hazards and work towards mitigating those for which they have a level of control. The LGA has reviewed the Applications Guide prepared by the EMA and considers its contents to be very beneficial to Councils in identifying potential hazards and developing a planned approach to mitigate against these hazards. A copy is included as a resource to this Manual. The Applications Guide deals generally with emergency management issues. It will assist Councils to: • Gain an accurate picture of the types of hazards that may exist in its area • Assess the potential for these hazards, evaluate the nature of the occurrences and a

priority approach to mitigation strategies • Determine the nature of the role the Council will play in mitigation • Identify the actions that could be taken by the Council (directly or indirectly) to mitigate

or minimise the impact these hazards have on, for example, its area, environment, community

• Monitor and evaluate the steps taken by the Council to mitigate against hazards. It is not proposed that Councils will be able, at least on all occasions, to completely remove a hazardous situation or that Councils alone will have the responsibility to mitigate against a hazard.



All persons or businesses that are working in environments that can create hazards within a Council area or community have a responsibility to take steps to minimise or mitigate against these hazards. This Section of the Manual summarises key aspects of the Applications Guide and Councils are encouraged to refer to the detailed information and processes highlighted in the Applications Guide when developing or assessing their approach to hazard mitigation. Many Councils have a range of policies, procedures and plans that may have been developed to assist to mitigate against a risk or hazard and/or to respond in an emergency situation. The Applications Guide will serve as a “check” against those current policies, procedures and plans. It is not anticipated that the assessment and development of hazard mitigation strategies be an onerous job. It also is not proposed that if a Council already has a range of policies, procedures and plans relevant to hazard mitigation that these need to be rewritten to comply with the Local Government Act. 10.2 What Hazards Might Exist in a Council Area? Due to a Council’s unique demographic and geographic profile, its topography and the like, it will have varying exposure to any or all of the hazards included as examples below. The challenge for Councils is to adequately identify which of these hazards (or others) exist in their area and the mitigation role it can reasonably undertake. Types of hazards might be: • Flood • Earthquake • Fire • Chemical spill • Loss of essential services such as water, gas, electricity • Wind damage • Airport accidents • Coastal damage • Explosion • Human exotic animal disease • Water and/or soil contamination • Drought • Epidemic (human, animal, plant) • Landslide, rock fall, mudflow

As mentioned previously, the Applications Guide has been prepared for a very broad user group and Annex F includes an extensive list of hazards or emergency situations that organisations may need to plan to mitigate against. Councils will need to assess those hazards that may exist within their Council area and manage those for which they have a role in mitigating. Some hazardous situations do not respect Council boundaries such as fires. It will be necessary for Councils to liaise with other Councils across its boundaries. This liaison may reveal issues that will impact on a Council's own hazard mitigation strategies.



It should also be noted that the Local Government Act requires Councils to work regionally on issues of common interest - hazard mitigation is one of these issues. Section 6 “Issues for Local Government”, and in particular, Recommendation 2, identifies the need for consultative structures that includes also the relationships between Councils or groups of Councils. 10.3 Components of Emergency Risk Management Planning The Applications Guide describes in detail the various components to the development of an emergency risk management plan. The flow chart (over page) has been extracted from the Applications Guide and sets out the various steps to developing a risk management plan. It is considered that the approach suggested by the EMA is relevant to Councils’ consideration of their hazard mitigation approach and responsibilities. A summary of each of the components highlighted in the flow chart is provided following the flow chart.



*This diagram is reproduced from page 6 of the Emergency Management Australia Emergency Risk Management Applications Guidelines

Establish the Context • Define problem • Establish emergency risk management

framework • Develop risk evaluation criteria

Identify Hazards and Risks • Identify & describe hazards, community

and environment • Scope vulnerability • Describe risks

Analyse Risks • Determine likelihood & consequences

.C

onsu

ltatio

n a

nd C

omm

unic

atio

n M

echa

nism

s

Evaluate Risks • Compare risk against criteria • Set risk priorities

Mon

itorin

g an

d R

evie

w P

roce

dure

s

Treat Risks • Identify options • Evaluate options • Select options • Plan & implement risk treatment

yes Accept Risks?

no



As highlighted in the flowchart there a two key components relevant to each component suggested in the Applications Guide, that is “consultation and communication” and “monitoring and evaluation”.

10.3.1 Consultation and Communication

As Councils develop their hazard mitigation approach they should consult and communicate with key stakeholders at critical points in the process. Some of these stakeholders are likely to be: • Staff • Businesses • Residents • Emergency Response Bodies/Organisations (paid and volunteer) • Media

Key questions that a Council may ask various stakeholders are: • What hazards are we exposed to? • When might these hazards occur? • What are the likely impacts of these hazards? • What hazards ought to be addressed by Council? What hazards ought to be

addressed by other groups/organisations? • How can Council and its community take steps to mitigate against the impacts of

these hazards?

Ultimately Councils will have the responsibility to determine the scope and nature of their hazard mitigation approach and would do so during the establishment of the context as discussed in Section 10.3.3.

10.3.2 Monitoring and Review

All through the process of hazard identification through to treatment or mitigation Councils should continually monitor and review what hazards they have identified and whether the strategies proposed are feasible, reasonable and appropriate. In order to monitor and review their actions they will need to consult various stakeholders. These stakeholders will assist Councils to make appropriate judgements about their hazard mitigation strategies. Should a disaster occur it will be important to evaluate whether the hazard mitigation strategies a Council has adopted (or proposes to adopt) actually contribute to removing or minimising the impacts of the hazard on the community.

10.3.3 Establish the Context

A key issue for a Council will be to determine its policy context for hazard mitigation and consider: • what hazards it will address? • how will it address these hazards? • the scope and the limitations of established policies, practices and relationships • the problems to be addressed • the framework and criteria for hazard identification and evaluation.



Key questions that a Council will need to consider are:

• What legislation or policies exist that may influence the hazard mitigation

approach of Council? • Are any of these policies external to Council? If so, what will the external policies

mean to Council's hazard mitigation approach? • What procedures does Council have and how might these fit within the

development of Council's hazard mitigation approach? • What are the roles and/or responsibilities of Council in relation to legislative

matters? • What political or economic circumstances exist that Council will need to work

within? • What social or cultural issues may impact on the approach adopted by Council?

How can these issues be best addressed? • What criteria might Council use to assess hazardous situations?

Having worked through establishing the context, utilising the Applications Guide, Councils will have: • Identified the scope for its hazard mitigation strategies • Defined the problems that may exist within its area and the boundaries that it will

work within in terms of hazard mitigation • Established a framework for action through consultation with a range of

stakeholders and with appropriate regard to policy, procedural or legislative matters

• Develop criteria that will assist it to evaluate the relative nature of hazards, for example, technical, economic, legal, and social.

10.3.4 Identify Risks Through this step, Councils should: • Identify and describe the hazards that it seeks to address • Identify and describe the community groupings and characteristics that may be

impacted upon by these hazards • Identify and describe the environment (built, physical, social) and their

characteristics (for example, the degree of protection afforded to the community) in a hazardous situation and how this might impact on a Council's mitigation strategies

• Scope the vulnerability of the community and the environment to hazardous situations, for example, proximity of hazards, frequency, level of awareness amongst the community

10.3.5 Analyse Risks This step in the process builds on the information gained in each of the previous components and will assist Councils to identify options for treatment or minimisation of the hazardous situations they have identified. It will assist in the identification of the parameters for "testing" options for mitigation.



10.3.6 Evaluate Risks This section of the Applications Guide facilitates the setting of priorities for hazard mitigation by establishing which risks will be treated. Priorities may be determined on the basis of: • availability of resources (human, financial, other) • frequency of the hazard (potential of occurrence) • impact on the community and environment 10.3.7 Treat Risks When Councils are considering the treatment of risks they will be required to assess a range of treatment options. Treatment options should be assessed against a list of pre-determined criteria to select the most appropriate risk treatment option, for example, cost, political acceptability and public and pressure group reaction. Table 6 (page 21 of the Applications Guide) provides a comprehensive criteria for “checking” the various factors.

10.4 Councils May Have Their Own Risks Emergency risk management planning should form part of every Council’s risk management strategies. Councils have a responsibility under the Occupational Health and Safety Act 1986, the Local Government Act 1999 and other legislation to look within its own organisation, identify hazardous situations and put in place strategies to mitigate against these hazards. The Applications Guide will be useful for Councils as a tool in developing internal hazard mitigation strategies. In using this guide for internal risk management strategies, Councils may find that they require specific training needs, for example, business continuity planning. It is important for Councils to complete the process in order to identify areas where further assistance is required, including training. This will assist the LGA identify and develop appropriate training programs for Councils in the future. Section 6, “Issues for Local Government”, and in particular, Recommendation 4, relates to future training requirements.

10.5 Summary The information contained in Section 10 has in the main dealt with the Applications Guide in terms of identifying hazards and developing a planned approach to mitigate against these hazards. It does not cover response and recovery procedures, nor does it deal specifically with Councils as a business entity (although, as suggested above, the procedure could be applied internally to a Council’s business operations). Councils do have a role to play in response and recovery in managing its services and facilities and in support of emergency services agencies. Councils have a range of functions that may be affected by emergency incidents and Council will need to act to contain and recover from the effect of these emergencies to ensure Council continues to provide these functions for the purposes of continuity and to the benefit of the community. Based on survey responses and other consultation, it would appear that most Councils have involvement in and are planning for the response requirements, at varying levels (for example, their role in Divisional Disaster Plans). Section 6 of the Manual, “Issues for Local Government”, suggests that these response and recovery roles and internal risk management procedures should be reviewed and/or investigated further.



APPENDIX B - COMMUNITY EMERGENCY RISK MANAGEMENT The importance of community involvement in mitigation strategies is recognised by the State Government Agency responsible for emergency risk management, the Emergency Services Administrative Unit (ESAU). This Appendix briefly outlines the concept of the Community Risk Management Project being developed by ESAU. It is expected that Local Government will be involved closely in this project. The applicability of the Risk Management Standard AS/NZS 4360 was immediately recognised to Community Emergency Management. In a workshop conducted at the Australian Emergency Management Institute, it was agreed that the AS/NZS 4360 standard would enhance emergency management planning by adopting a systematic emergency risk management approach in the context of its applications within communities. The ‘Guidelines for Emergency Risk Management’ were endorsed in 1998 by the peak emergency management body in Australia, the National Emergency Management Committee. What is Emergency Risk Management: Emergency risk management is ‘a systematic process that produces a range of measures that contribute to the well being of communities and the environment’. It includes context definition; risk identification; risk analysis; risk evaluation; risk treatment; monitoring and reviewing; and, communicating and consulting. The philosophy and methods of emergency risk management are a blend of traditional emergency management and the risk management approaches outlined in AS/NZS 4360 : 1999 Risk Management. Emergency Risk Management therefore:

• provides a series of tools and processes, and a general philosophy, that can be used by communities;

• focuses on the causes of risk, rather than on emergencies that may result from risk;

• provides an auditable and credible means of reducing risk; and • uses a language that is common to other risk management

approaches. State Emergency Risk Management Project: State Disaster Committee Emergency Management Australia has focussed attention on the mitigation of disasters through its draft National Disaster Mitigation Strategy, the development and implementation of emergency risk management training and projects at the community level. There is also a requirement to undertake natural disaster mitigation programs as a pre-requisite for assistance under the Commonwealth Natural Disaster Relief Arrangements.



The State Disaster Committee also recognised the equal importance of prevention and preparedness to response and recovery and in 2000 the Committee formally initiated the State Emergency Risk Management project to develop a framework for assessing risks associated with major emergencies and to develop strategies to reduce the risk of disasters and major emergency impact in the South Australian community. In addition, the project is to provide a risk arrangement reference to the development of emergency management planning and response arrangements in the country regions, ie community emergency risk management. Community Emergency Risk Management: State Disaster Committee In October 2000, the State Disaster Committee conducted a workshop with representatives from Local Government to determine whether the State Emergency Risk Management (SERM) Project would be relevant to Local Government in undertaking its risk management and mitigation responsibilities required by legislation, particularly the application of Section 7, Local Government Act. It was agreed the examination of local community risk would be carried out in conjunction with appropriate Local Government programs and titled ‘Community Emergency Risk Management’ (CERM). It was also recognised that community emergency risk management is primarily a sound process that required ‘whole of community’ involvement and that this community centred approach can be used by the emergency management community, together with the wider community to produce effective safety solutions. Purpose:

The purpose of the ‘Community Emergency Risk management Project’ is to identify and promote strategies to reduce the risk of hazard impact on South Australia communities through a process of risk analysis and community inspired and driven statements of vulnerability and treatment options, including mitigation measures (2) where feasible. ‘risk’ = ‘the chance of something happening that will have an impact on objectives and measured in terms of consequence and likelihood’ (AS/NZS 4360). ‘mitigation’ = ‘measures taken in advance of a hazardous event aimed at decreasing or eliminating its impact on society and environment’ (NEMC 1996.

Goals: The goals of the CERM Project are: To identify treatment options for risks that have potential to be cause for significant concern to communities and/or local government authorities. To persuade communities and local government authorities of the need to embrace the concept of emergency risk management as a means of improving community safety (from hazards as distinct from crime). To provide a risk management reference for the development of emergency management planning and response arrangements, especially at the local level in country regions and at the local government level in the metropolitan area.



Stakeholders: The principal stakeholders of the project are the communities that are at risk to the consequences of hazard impact and which will ultimately accept ownership of the risk. In addition, there are stakeholders that have a significant interest or influence in risk analysis, reduction and ownership. These are: Local government authorities (Municipalities and Councils). Corporation and businesses that have a significant and direct influence on the determination of risk, eg essential services and land users. Hazard Custodians (3), SES for storms and flash floods, CFS for bushfires, Department of Water Resources for river floods.

Community: For the purposes of the CERM Project, the State Disaster Committee agreed that ‘community’ would be defined as having the following components: Geographically defined with some form of administration, eg a Local Government area or region; Has demographic boundaries or sub-boundaries; Shares a common risk of hazard impact but where the risk may not necessarily be relevant to the provisions of the State Disaster Act.

Reporting Arrangements: The Ultimate recipient of the Project’s report will be the EMC Standing Committee, especially if resources are required for mitigation measures. Initially, however, the results of the project are to be initially assessed by Divisional (Regional) Disaster Management Committees and Disaster Management Services.


__________________________________________________________________________________________ Local Government Association of South Australia Page 60 Please note: The information contained in Appendix C was current as at January 2001

APPENDIX C - LEGAL RESEARCH REPORT ON SOUTH AUSTRALIAN LEGISLATION RELATING TO EMERGENCY AND DISASTER MANAGEMENT

PLEASE NOTE: This legal research was undertaken by Norman Waterhouse Solicitors in response to an LGA request to identify South Australian legislation relating to Emergency and Disaster Management. This information was current as at January 2001. Councils using this information should be aware that: • the information provided is only intended as a guide to assist further research • the information was current at January 2001 • legislation is continually being amended and updated, and accordingly the relevant

current Act should always be consulted to ensure accuracy of information • the information provided on each Act only supplies a brief overview of the powers

conferred on State and Local Government in Emergency and Disaster situations • the information provided does not clearly discriminate between statutory obligations and

duties and areas where State and Local Government have a choice in the use of their powers

Index to Acts For Act summary refer to Page Number

Agricultural Chemicals Act 1955 (State Government)* 5

Agricultural and Veterinary Chemicals (South Australia) Act 1994 5

(State Government)

Animal and Plant Control (Agricultural Protection and Other Purposes) Act 10

1986 (State and Local Government)***

Biological Control Act 1986 (State and Local Government) 5

City of Adelaide Act 1998 (Local Government)** 3

Coast Protection Act 1972 (State and Local Government) 10

Controlled Substances Act 1984 (State and Local Government) 11

Country Fires Act 1989 (State and Local Government) 11

Dangerous Substances Act 1979 (State and Local Government) 12

Development Act 1993 (State Government) 5

Dog and Cat Management Act 1995 (State and Local Government) 13

Electricity Act 1996 (State Government) 6

Emergency Powers Act 1941 (State and Local Government) 13

Emergency Services Funding Act 1998 (State Government) 6

Environment Protection Act 1993 (State and Local Government) 13

Environment Protection (Sea Dumping) Act 1984 (State Government) 6

Essential Services Act 1981 [ and Bill 2000] (State Government) 7



Food Act 1985 (State and Local Government) 15

Gas Act 1997 (State Government) 7

Harbours and Navigation Act 1993 (State and Local Government) 15

Health Act 1935 (State and Local Government) 15

Housing Improvement Act 1940 (State and Local Government) 16

Impounding Act 1920 (State and Local Government) 16

Local Government Act 1934 (Local Government) 4

Local Government Act 1999 (Local Government) 3

Meat Hygiene Act 1994 (State and Local Government) 17

Noxious Insects Act 1934 (State and Local Government) 17

Occupational Health, Safety and Welfare Act 1986 18

(State and Local Government)

Pastoral Land Management and Conservation Act 1989 (State Government) 8

Petroleum Act 2000 (State Government) 8

Petroleum Products Regulation Act 1995 (State Government) 8

Police Act 1998 (State Government) 8

Protection of Marine Waters (Prevention of Pollution from Ships) Act 9

1987 (State Government)

Public and Environmental Health Act 1987 (State and Local Government) 18

Radiation Protection and Control Act 1982 (State Government) 9

Road Traffic Act 1961 (State and Local Government) 19

Soil, Conservation and Land Care Act 1989 (State and Local Government) 19

South Australian Metropolitan Fire Service Act 1936 20

(State and Local Government)

State Disaster Act 1980 (State and Local Government) 20

State Disaster Act (State Disaster Committee) Amendment Bill 21

2000 (State and Local Government)

State Emergency Service Act 1987 (State and Local Government) 21

Water Resources Act 1997 (State and Local Government) 22

* (State Government) - legislation involves the State Government only

** (Local Government) - legislation involves Local Government only

*** (State and Local Government) - legislation involves both State and Local Government



SA LEGISLATION RELATING TO EMERGENCY AND DISASTER MANAGEMENT involving LOCAL GOVERNMENT only

City of Adelaide Act 1998 This Act makes provision for specific aspects of local governance in the City of Adelaide and also operates in conjunction with the Local Government Acts 1999 and 1934. This Capital City council is required to undertake or participate in strategic planning for its area and the State more generally, so far as is relevant to the City of Adelaide. This includes assessment of the local and wider issues and policies and plans to address the wider issues, as they affect the City (S30). Local Government Act 1999 This Act provides the principle legislative framework and is the primary source of the enabling powers of local government in SA. In addition to providing for a system of accountable, representative and democratic governance, the Act includes the objects of requiring local government to plan for and manage the local area, provide services and facilities and manage the natural and built environment in an ecologically sustainable manner (S3). The role, functions and objectives of each Local council are set out (SS6-8). Specifically, in relation to emergency and disaster management, Councils are required to:

• provide facilities and services for the health and welfare of the local community • provide for the welfare and well-being of individuals and groups • take measures to protect the area from natural and other hazards and to mitigate the

effect of such hazards • deal with the environment in an ecologically sustainable way and improve amenity • support organizations that benefit people in the area • participate with other levels of Government in achieving their objectives • co-ordinate with the planning and delivery of services by other levels of Government • facilitate sustainable development and protection of the environment

A council has legal capacity and has the power to do anything necessary to discharging its function and achieving its objectives, that is consistent with the laws of the State and Commonwealth (S36). The Council may delegate some of its powers under the Act (S44). The Council may close its meeting to the public where the matter under consideration affects security or may prejudice the maintenance of law (S90(3)). A Council may convene a meeting of electors of the area or part of it (S93(1)). The Chief Executive Officer has specific statutory functions, including the responsibility to ensure that the decisions of the Council are implemented in a timely and efficient manner and to ensure that assets are well managed and maintained (S99(1)). There is also provision for a person to act in the absence of the CEO (S102). Each Council is required to adopt a Strategic Management Plan, which includes plans for co-operation and co-ordination with the public policies and plans of the other levels of



government (S122(1)). The plan must be for 3 to 5 years and reviewed not less than every three years (S122(3)). Each Council must adopt and abide by a management plan for community land, that is all local government land (except roads) owned or under the control of the Council (S193, S196 & S199). Council has the power to carry out roadwork and to require others to do so (S212, S213). A person who damages a road or a related structure is required to restore the road (S229 and S233). Council has the power to remove any structure, object or substance from a road if it is there without current authorisation (S234). It is an offence to deposit rubbish or other items on a public road or public place, without authorisation (S235). Each Council has By-Law making powers re access to and use of local government land and aspects of road use (SS238,239). There is also power to make orders in relation to hazards on lands adjoining a public place, and animals and birds that may cause a nuisance or hazard (S254). Authorised officers with wide powers may be appointed (SS260, 261, 294). If flooding has occurred or is imminent and the Council considers that an emergency has arisen, endangering life or property, the Council may order appropriate action (S298). Local Government Act 1934 Some of the provisions of this Act continue in force, in addition to the provisions of the principle Local Government Act 1999. There are number of powers applicable in times of emergency and disaster:

• power to put up barriers on roads, streets, public places (SS322-325) • power to prohibit traffic, or classes of vehicles, or to close streets (S435) • power to manage or take over cemeteries (S590 & S359) • power to make a by-law for the suppression of a nuisance (S667).



SA LEGISLATION RELATING TO EMERGENCY AND DISASTER MANAGEMENT involving the STATE GOVERNMENT only Agricultural Chemicals Act 1955 This Act regulates the sale and use of agricultural chemicals in SA. The Act also deems registration under the national Agvet code to be registration under this Act. Any fit and proper person may be appointed as an Inspector under this Act (S5). Where an inspector believes on reasonable grounds that there is an agricultural chemical on premises or in a vehicle, the inspector may enter the premises (subject to obtaining a warrant if the premises are residential) or stop the vehicle, to determine if the Act is being complied with. The Inspector has wide powers to inspect, examine, photograph, sample, question and give directions (S24). If a person has committed or is about to commit an offence against this Act, the Inspector may seize and remove the chemical (S24(7)). Where there is contamination of fodder by a prescribed chemical at a higher level than is prescribed, the Inspector may give notice to the owner to not use the fodder or to destroy it (S 24(8)). Agricultural and Veterinary Chemicals (South Australia) Act 1994 This Act deems the national Agvet Code to be law applicable to SA. The Agvet code is a chemical regulatory system designed to protect the health and safety of human beings, animals and the environment. The Code has both a disaster prevention function and various powers to respond to the consequences of non-compliance. Biological Control Act 1986 This Act permits the release by the SA Biological Control Authority of live organisms to control other organisms, if an emergency exists (S28). An emergency exists where organisms are having or are likely to have a serious effect on the health of humans, animals, plants in the State or the organisms are causing or are likely to cause significant damage to the economy or the environment of the State. If the release of a prescribed organism would control the damaging organism and the release would not otherwise have a significant adverse effect, the Authority may decide to release the organism but MUST first consult with the Agriculture and Resource Management Council of Australia and New Zealand (S28(1) and (2)). Development Act 1993 This Act is for the planning and regulation of development in SA. One of the objects of the Act is to enhance the amenity of buildings and provide for the safety and health of people who use buildings (S3(f)). An authorised officer has the power to enter any land or building to determine if it is safe (S19(1)). In some circumstances, the officer may break into, lay open or pull down a building (S19(1) & (2)).



Urgent building work and urgent work in relation to a significant tree may be performed to protect any person or building, in accordance with the Act (S54 & S54A). An authorised officer may make an emergency order to require the owner of land or a building to evacuate it, refrain from a particular activity, carry out works, refrain from occupation or certain uses (S69). Authorised officers also have extensive powers to issue notices and to give directions in circumstances of a fire safety emergency (S71). Electricity Act 1996 This Act regulates the electricity supply industry and makes provision for safety and technical standards for electrical installations. The system controller for a power system has wide powers to ensure the system operates safely and may give directions to commence, reduce or shut down operations. If an electricity entity does not comply with directions, the controller may cause the action to be taken (S31). The Governor may make a proclamation for the Industry regulator to take over operations, if that is necessary to ensure adequate supply (S38). An electricity entity may cut off supply to avert danger to person or property. If the danger is a bush fire, the CFS must first be notified (S53). Other emergency legislation is expressly stated to be not affected by this Act (S54). EMERGENCY SERVICE FUNDING ACT 1998 This Act imposes a State Government levy for the provision of the Emergency Services (ESL). The levy is imposed on land (S5) and on vehicles and vessels (S23). The Act divides SA into emergency services areas The Act also establishes a Community Emergency Services Fund, subject to the management and control of the Minister (S28). The Minister may apply the fund to:

• Country Fire Service • SA Metropolitan Fire Service • SES of SA • Surf Life Saving Association of SA • Volunteer Marine Rescue SA • Any provider of emergency services

The Minister may also apply the fund for the prevention of emergencies and for education and research. Environment Protection (Sea Dumping) Act 1984 This Act provides for the protection of the environment by regulating the dumping into the sea and incineration at sea of wastes, other matter and certain objects. Where dumping causes a danger or results in harm or interferes with sovereign rights, the Minister has the power to take any proper action to repair damage or mitigate damage (S12).



The Act empowers the Attorney-General or an interested person to seek an injunction from the Supreme Court restraining conduct which is an offence under this Act (S28). Certain dumping, including dumping radioactive waste, may be permitted by the Minister (SS14 & 18). Essential Services Act 1981 This Act empowers the Governor to declare and extend a period of emergency and to declare certain services to be essential services, in respect of which the emergency applies (S3). If the period is to be longer than fourteen days in aggregate, the authorisation of both Houses of Parliament is required (S3(2)). The services covered could include supply of gas, electricity and water. The Act defines an ‘essential service’ as a public or private undertaking without which the safety, health or welfare of the community would be endangered or seriously prejudiced (S2). The Minister is empowered during a period of emergency to give directions in relation to the provision or use of a proclaimed essential service (S4). The Minister may, if it is in the public interest during an emergency, provide a proclaimed essential service or another service in substitution (S5). The Minister may, with the consent of the Governor, apply General Revenue to fund the exercise of these powers (S5(3)). Failure to comply with ministerial directions is an offence (S4(5)). The Essential Services (Miscellaneous) Amendment Bill 2000 introduces a further offence with a higher penalty if the failure was intentional or reckless. The Bill also proposes that authorised officers will be empowered to enforce the Act. Gas Act 1997 This Act regulates the gas supply industry and makes provision for safety and technical standards. If the volume of gas available through the distribution system is insufficient for consumers’ needs, the Minister may impose temporary gas rationing with regard to quantity and quality. Failure to comply with the rationing is an offence (S37). Where it is necessary to ensure an adequate supply of gas, the Governor may proclaim that the Technical Regulator will take over operations (S39). A gas entity may cut off supply of gas to avert danger to person or property (S53). Certain accidents must be reported (S58). Other emergency legislation is expressly stated to be not affected by this Act (S54). Authorised officers may be appointed, with wide powers of entry, investigation and action (S62-68). An authorised officer or a gas officer may apply to a Magistrate for a warrant by phone or fax if the urgency demands it (S80). Pastoral Land Management and Conservation Act 1989 This Act seeks to ensure that pastoral land is well managed by providing for monitoring, prevention of degradation of the land and its indigenous plant and animal life, rehabilitation in cases of damage, recognising traditional aboriginal uses and giving community access (S4).



General duties are imposed on pastoral lessees (S7). Various kinds of misuse, including damage, clearing, polluting and littering are offences under the Act (S57). Authorised officers are given policing powers, including powers of entry (S61) and arrest (S60). Petroleum Act 2000 The Petroleum Act provides for the regulation of commercial exploitation, recovery and utilisation of petroleum products. The Act empowers the Minister to give written notice to a person conducting an authorised activity under licence, to take specified action to prevent or minimise environmental damage (S108(1)). Where it is urgently necessary to take action to prevent or minimise environmental damage, an authorised officer may give an environmental direction (S108(2)). Where a direction has been given, the Minister must review the adequacy of the statement of environmental objectives and must require an revisions necessary (S108(5)). The Minister also has the power to direct rehabilitation of the land by notice to a licensee or former licensee (S109). Authorised officers have the power to conduct an authorised investigation and to enter and inspect for that purpose (SS119 and 120). Petroleum Products Regulation Act 1995 This Act regulates activities involving petroleum products. The Governor may declare periods of petrol restrictions and rationing, if there are or are likely to be shortages of petrol in SA (S33). During periods of restriction, if it is the public interest to do so, the Minister may impose controls on the sales of petroleum products (S34). Wide powers are conferred generally on authorised officers to administer and enforce the Act (S44). In an emergency situation, if an authorised officer reasonably considers that a dangerous situation exists, the officer may give notice, that is reasonable in the circumstances, to take action to avert, eliminate or minimise the danger or risk (S30). Police Act 1998 The purpose of the SA Police (S5) is to reassure and protect the community in relation to crime and disorder by the provision of services to:

• uphold the law • preserve the peace • prevent crime • assist the public in emergencies • co-ordinate and manage responses to emergencies • regulate road use and prevent vehicle collisions.

Police powers to achieve these purposes are wide and provided for under this Act and other specific Acts.



Protection of Marine Waters (Prevention of Pollution from Ships) Act 1987 This Act prohibits pollution of various types from ships and vehicles into State waters, creating offences and penalties for breaches of the Act:

• discharge of oil and oily mixtures (S8 and S26) • discharge of liquid substances (S18) • discharge of harmful substances (S24AAB) • disposal of garbage (S24AAD)

In these circumstances, the Minister may take action for removal and prevention of pollution (S28). Inspectors have wide powers under the Act (S33). A ‘shipboard oil pollution emergency plan must be kept on board ship, in the language of the Master and Officers on board (S10A(4)). Radiation Protection and Control Act 1982 This Act provides for the control of activities related to radioactive substances and radiation apparatus and for protection against the harmful effects of radiation. The Minister may appoint public servants as authorised officers and the Mines Inspector is deemed to be an authorised officer (S16). The Act confers wide powers on those officers (S17). Where the Minister considers that a dangerous or potentially dangerous situation exists involving actual or threatened exposure of any person to excessive radiation or contamination of any person or place by radioactive substances, the person responsible may be directed to take action, the apparatus or substance may be dealt with or other direction may be given to avoid or alleviate the danger (S42(1)). These directions may be given by the Minister, or with the Minister’s prior approval by an authorised officer, a police officer or another appointed person (S42(2)). If an authorised officer considers the danger is imminent, the powers may be exercised without the prior approval of the Minister (S42(3)). It is an offence not to comply with directions given (S42(5)).



SA LEGISLATION RELATING TO EMERGENCY AND DISASTER MANAGEMENT involving the STATE and LOCAL GOVERNMENTS Animal and Plant Control (Agricultural Protection and other Purposes) Act 1986 This Act operates for the purposes of controlling animals and plants for the protection of agriculture and the environment, for the safety of the public and for the protection of native animals and plant. It is exotic species control legislation setting up a system of offences as well as an administrative hierarchy to co-ordinate exotic species control. A State Government body, the Animal and Plant Control Commission, oversees the operation of the Act and in particular the Animal and Plant Control Boards. Local councils may be invested with the capacity to act as Animal and Plant Control Boards (S15(1)(a)). Alternatively, a board may be established in non-urban areas in relation to one or more council areas (S15(1)(b)). The function of a local council acting in its capacity as such a board is to (S24): - carry out and enforce the provisions of the Act - to carry out inspections for this purpose. - to co-operate in the implementation of programs for the destruction or control of identified species. Enforcement of the provisions of the Act may involve the appointment of authorised officers, issuing of notices, enforcement of landowner obligations (S48, S58) and various offences and the receipt of notification of presence of species from the public (S46, S56). Coast Protection Act 1972 The Act makes provision for the PRESERVATION of beaches and the coastline. It does so by setting up a system of responsible authorities, providing for the creation of coast protection districts and the preparation of management plans. The Coast Protection Board is created under the Act with both government and scientific representation. One member must be qualified by reason of their extensive knowledge of local government (s8) or a nominee of the Local Government Association but, they need not necessarily be a current member of local government. The Board has powers for coastal preservation and development purposes. These powers include protection, restoration, development, management, maintenance, research and education (S14). Local councils also fulfil a consultative role under the Act. The Board may proclaim a region as a coast protection district which in turn requires the preparation of a MANAGEMENT PLAN. Any council with a part of their area comprised in such a district must be consulted in the process of the preparation of the plan. (S20(2)). Account must be taken of the views of the council. The role of local councils in engaging in coast CONSERVATION is also recognised. Councils may apply for a contribution from the Board for works carried out for the protection, restoration or development of any part of the coast (S32). Local councils may also apply for contribution for acquisitions of land comprising part of the coast for such a purpose (S32A). Conversely, the cost of works carried out by the Board in the regions of a council(s) for the same purposes may be recovered from the council(s).



The Board is authorised to engage in all works in relation to land constituting a coast protection district as may be necessary for implementing a management plan (S21). Development carried out still requires development consent under the Development Act, 1993 from the relevant authority. The Board may authorise a person to temporarily occupy and use any land forming part of the coast, including private land, subject to notice (S24). The Minister may declare by notice any part of a coast protection area to be a restricted area, prohibiting or restricting access (S34). The Minister may appoint any person, including an officer of the local council, as a Warden to administer the Act and to control restricted areas (S34A). Every police officer is a warden. The associated COAST PROTECTION REGULATIONS 2000 work to alter the definition of the coast in particular regions eg Eyre Peninsula Controlled Substances Act 1984 This Act regulates or prohibits the manufacture, production, sale, supply, possession, handling or use of certain poisons, drugs, therapeutic and other substances, and of certain therapeutic devices. The Act also empowers the Governor to bring substances and devices within the ambit of the Act, by regulation (S12). The Controlled Substances (Pesticide) Regulations 1988, made pursuant to this Act, make it a requirement for a person licensed under the regulations to report to the Minister any accident or spillage they observe, involving not less that 500 grams or 500 millilitres (Reg 16). Failure to do so is an offence, unless the spillage or accident has been reported to the police, SES unit, fire brigade or local Council (Reg 16(2)). Country Fires Act 1989 This Act provides in essence for a rural fire service, the Country Fire Service, and more broadly provides for the prevention, control and suppression of fires and the protection of life and property in other emergencies occurring in the country (S8). The CFS Board is established to administer and control the CFS and to take responsibility for the achievement of its purposes. Those purposes include management, resource planning, recruitment, training, the preparation, maintenance and implementation of fire-fighting and emergency management plans in the country (S10). Two members of this board must be representatives of rural councils (S9). The Act provides extensive powers to CFS officers to take any necessary and desirable action to fight fires and protect life and property in any other emergency, even if that action causes loss (S54). The Board may also appoint a fire control officer for a designated area, with responsibilities which include participation in the preparation of a fire prevention plan and to fight fires and act in emergencies until a CFS brigade arrives (S62). Authorised officers may also be appointed, with the power to grant a permit to light fires, subject to conditions, to persons in circumstances of a total fire ban (S38, Reg 32). Councils may appoint such authorised officers. Councils may also permit the operation generally of



gas fire or electric elements used for cooking purposes to be operated in circumstances of a total fire ban (Reg 33(3)). Local government is also represented on both the South Australian Bushfire Prevention Advisory Committee which has the responsibility of advising the Minister on fire prevention matters (s28, s29) as well as at local level on the Regional Bushfire Prevention Committees which have a greater role in assessing fire hazards and co-ordinating bushfire prevention (s30, s31). In addition two or more rural councils may by their own motion form a District Bushfire Prevention Committee with similar responsibilities as the regional committee. The Regulations specify the manner by which persons will be selected by local councils to sit on the regional prevention committee (Reg 26) and district bushfire committee (Reg 28). Councils powers under the Act may be withdrawn by the Minister if the council has failed to exercise its statutory powers (S50). Before the Board makes a recommendation to this effect there must be consultation with the council (S50(3)) and an opportunity must exist for the council to make written submissions to the Minister (S50(4)). Local councils are empowered under the legislation to expend money for the purposes of the Act or contributing to the expenses and operations of the local CFS. Rural councils must appoint fire prevention officers (S34.) Councils may delegate any of their powers under the Act to a fire prevention officer (S49). Local councils, as the body responsible for the care, control or management of a road, may light a fire on a road or on the verge for the purposes of providing fire protection on that road. In such circumstances, the Council may direct, regulate or prohibit the movement of traffic along that road (Reg 55). A permit must be obtained to light and maintain a fire in the fire danger season (Reg 55(3)). Otherwise, Local councils in their capacity as responsible authorities may serve notices on landowners or owners of premises to enforce compliance with provisions requiring the prevention or inhibiting the outbreak or spread of fire on land or premises (S39, S43). Local councils have similar obligations to those imposed on private owners. Councils must take reasonable steps to protect property on their land from fire and to prevent or inhibit the outbreak or spread of fire on the land (S40). In circumstances where flammable debris is left on a road or in the vicinity of a road, Councils may direct that the flammable debris be removed and if not, then do it themselves and recover the costs (S44). Dangerous Substances Act 1979 This Act regulates the safe keeping, handling, transport, conveyance, use and disposal of dangerous substances. It does so by creating a range of offences in relation to the possession of dangerous substances as well as creating various regulatory bodies and a licensing system. The Act provides for the appointment of authorised officers with extensive powers (S27). Those powers are extended in the circumstances where an authorised officer considers on reasonable grounds that a dangerous situation exists and that immediate action is required. Necessary action may be taken to avert, eliminate or minimise the danger or risk (S35). Local councils as a “government authority” may be involved in relation to some incidents where there is an escape or the risk of an escape of a dangerous substance (S46). Where there is such an incident any expense borne by the council in taking steps can be recovered from the owner of, or the persons in control of, the dangerous substance or the person who caused the incident (S46(4)).



Dog and Cat Management Act 1995 This Act encourages responsible dog and cat ownership and management and also addresses public and environmental nuisance caused by dogs and cats. Provision is made for the seizure and destruction of dangerous dogs. A Board is established under the control and direction of the Minister, with responsibility for the administration of the Act (SS10,11, 21). Local Councils’ responsibilities for implementation of the Act are extensive and their powers include:

• appointment and powers of dog management officers: SS27-30 • provision for offences: SS31 & 32 • prosecution of offences re management of dogs: S43 • powers to protect persons and property against dogs: SS48 & 49 • powers to make destruction and control orders: S50 • powers to seize, detain and destroy dogs: SS60-64 • appointment of cat management officers: SS68-71 • powers in relation to cats in remote or fragile areas and unidentified cats: SS72-

76 • powers to make by-laws: S90.

EMERGENCY POWERS ACT 1941-1952 This piece of wartime legislation confers extraordinary powers on the State Government, when the Commonwealth Government is engaged in armed conflict. Under this Act, it is also within the power of the State Government to confer on municipal or district Councils the power to do or execute anything to further the purposes of the Act (S3(l)-(m)). That is, Local Councils could be delegated the power to regulate or prohibit the use of lights, roads, the power to protect property and safeguard the provision of services necessary for life or health (S3(a)-(p)). Statutory powers extend to the taking possession and acquisition of property with just compensation (S3(h)-(i)) and the removal of persons from land to another portion of the state (S3(a)). Environment Protection Act 1993 This Act provides for the protection of the environment and the establishment of the Environment Protection Authority. The objects of the Act are to promote the principles of ecologically sustainable development and to ensure that reasonable and practicable measures are taken to protect, restore and enhance the environment (S10). These measures include prevention, minimisation or elimination of harm to the environment. “Environmental harm” is defined to include potential, material and serious harm and is caused by pollution (S5). The Act applies to the land, the air, the coastal waters and the air above and the land beneath those waters of SA (S9). The EPA has extensive functions in the administration of the Act, including a contribution to the development of national environment protection measures (S13). Those national measures are deemed to be policy under this Act (S28A). Persons who undertake a prescribed activity of environmental significance must be licensed with an environmental authorisation (S36). A condition of such an authorisation may be



publication of a plan to deal with emergencies (S53). Authorisations may be suspended or cancelled (S55). The Minister has the power to declare water protection areas (S61A) and may direct action to be taken, where precautions are required to ensure a pollutant does not escape from land, vessel or aircraft, to surface or underground water in a protected area (S64B). Where a person’s activities cause or threaten material or serious environmental harm from pollution, that person is obliged to notify the EPA. It is an offence not to do so (S83). The EPA has the power to issue environment protection orders (S93) and clean up orders (S99) . Authorised officers may issue emergency protection orders (S93(3)-(6)) and emergency authorisations (S105). All powers in relation to the assessment and approval of authorisations and the enforcement of the Act are vested in the Environment Protection Authority. However the EPA has the power to delegate a range of its powers and functions to Councils (S115). Local Councils are empowered to appoint Council officers or employees as authorised officers under the Act, to exercise their powers within the Council area (S85). All Authorised officers have extensive powers (S87). The EPA is required to consult Local councils in performing its functions (S13(2)(c)) and can, with a Council’s approval, make use of the services of officers or employees of a Council (S14(c)). Regulation 11(1) of the Environment Protection (General) Regulations 1994 provides that certain Council officers were automatically made authorised officers for the purposes of enforcement under the Environment Protection (Burning) Policy 1994, at the time the Policy came into operation. Under the Environment Protection (Burning) Policy 1994 Councils may be delegated authority to issue various consents for the burning of matter by fire in the open on any non-domestic premises and, for certain types of material, the burning of material on domestic premises (Reg 4 & 5). One member of the EPA must be a person with practical knowledge of, and experience in, Local Government. The EPA is required to prepare ‘state of the environment’ reports at least every 5 years and Councils are required to co-operate with the EPA in forwarding information to it for inclusion in the report (S112). Local councils are entitled to be consulted by the EPA on draft Environment Protection policies where the EPA is of the opinion the Council’s area of responsibility is particularly affected by the policy (S28). A local Council, in so far as it undertakes any prescribed activity of environmental significance (defined in Schedule 1 to the Act), will be required to obtain the appropriate environmental authorisation. Councils are also bound by the general environmental duty imposed by the Act (S25). Food Act 1985 This legislation sets standards for food intended for sale and consumption by humans by setting standards of hygiene at all steps in the production chain from manufacture to distribution and storage. Food must be fit for human consumption and its quality must not be misrepresented. Food hygiene with regard to the premises, equipment and persons who



handle food must meet appropriate standards. The Act provides for these purposes by sanctioning misconduct with penalties. Where the SA Health Commission considers that food is not fit for human consumption, it may prohibit sale, restrict disposal or require destruction of that food, generally or from a particular source (S25). The Commission may also prohibit the use of an area for food production if that area is contaminated (S25(3)). The Commission may destroy food in certain circumstances (S26) and publish warnings in places where unfit food has been sold (S27). Local councils have a general duty under the Act with respect to hygiene to take adequate measures to ensure the observance of proper standards of hygiene in relation to the sale of food and the manufacture, distribution and storage of food and that food sold within its area is fit for human consumption (S28(1)). Councils may appoint authorised officers (S8) to make inspections at any reasonable time, to enforce compliance Officers (S24). Local councils also have a representative role (two members) on the Food Quality Committee, a State Government body with the function of advising the Minister on the enforcement of the Act, proposals for reform and investigation of any referred matters (S16). Harbors and Navigation Act 1993 This Act provides for the efficient administration of harbors and cargo handling facilities, and also for the safe movement in, navigation of and recreational use of waters in SA (S3). The Departmental head may appoint authorised officers (S12) with wide ranging powers to administer the Act (S14). The Minister has power to act in an emergency involving a vessel in the jurisdiction, by giving directions including for the sinking of a vessel (S67). Land adjacent or subjacent to a harbor, or any structure on it, belonging to the Minister may be placed in the care, control or management of a local council (S18(1)(b)). (S17(3)). By-laws may be made by a local council, with the approval of the Minister, that operate in relation to a harbor or any adjacent or subjacent land vested in the Minister (S18A(1)). Health Act 1935 The purpose of this Act is to secure the proper sanitary conditions of SA. The Central Health Board, the majority of which members are appointed by the Governor, is charged with the execution of the Act (S11). Every local board is also charged with the duty to secure the proper sanitary condition of its area (S24). Each municipal and district council is the local board of health (S23). The Central Board may exercise any of the powers of the local boards (S20) and give directions to the local health boards (S24). Officers of the local Board are empowered to enter and inspect (S50). The local boards are required to report annually on the sanitary conditions of their areas (S70). The Central Board must also report annually to the Minister (S74).



The Governor has wide powers of regulations re: • infectious and notifiable diseases, • isolation and medical observation, • disinfection of vehicles, • licensing nursing homes • use of septic tanks • fumigation of premises • declaration of dangerous substances • regulating dangerous processes • qualifications of health surveyors • operation of swimming pools • regulating pest control • reporting diagnosis of cancer • imposing penalties.

Housing Improvement Act 1940 The Act provides for the improvement of sub-standard housing conditions, the provision of housing to persons of limited means and grants the power to control rentals of sub-standard dwelling houses. Local councils are conferred with powers in relation to sub-standard housing conditions and if satisfied that a house is undesirable or unfit for human habitation may declare it so and require the owner to carry out work on the house or if that is impracticable to demolish it (S23). Any aggrieved owner or registered mortgagee has a right of appeal. The Housing Authority established under the Act may order a local council, after consultation with it, to make a declaration to the above effect (S25). Local councils also have a consultative role in the case of a determination by the Housing Authority to clear an area where there are houses unfit for human habitation (S33) and where the Authority undertakes any of a number of activities to redevelop that area (S36). IMPOUNDING ACT 1920 This Act creates a system for the impounding of cattle, the disposal of impounded cattle and the creation of pounds by local councils. It should be noted that cattle is broadly defined to include horses, goats, pigs, cows, sheep, camels and deer. (S5, S6). No mention is made of domestic animals. Local councils may establish pounds and employ pound keepers (S4). Obligations exist for the upkeep of such pounds (S7, S8). Councils are conferred with very broad powers to impound cattle founding straying on public land (including among other things roads and bridges) (S14(2)) and owners of land or rangers may impound cattle trespassing on private land (S14(1)). Fees may be charged by the pound keeper to owners of cattle impounded (S17) and once fees and any damages are paid, impounded cattle must be released (S27). If after certain notice requirements have been met and certain time has elapsed, impounded cattle may be sold (S32, S33).



Meat Hygiene Act 1994 This Act regulates the processing and sale of meat to ensure its wholesomeness. A Meat Hygiene Advisory Council is established (S7), including a nominee of the LGA with authorisation under the Food Act. The Act establishes a requirement for and a system of accreditation for meat processing (SS12-20). The Minister may suspend or revoke accreditation (S21). A Meat Hygiene Officer has the power to require compliance with conditions of accreditation (S33). The Act also regulates the sale and marking of meat fit for human consumption and for consumption by pets (S23, S24). Meat Hygiene Officers appointed under the Act have wide powers of entry, inspection, testing and seizure of meat (S29, S30). It is an offence to hinder a meat hygiene officer (S31). NOXIOUS INSECTS ACT 1934 The primary purpose of this Act is to provide for the destruction and suppression of noxious insects. Its operation is, however, limited to species of migratory grasshoppers ie locusts (S2). The Act imposes a positive duty on local councils, in areas which are subject to a proclamation, to take all prescribed steps for the destruction and suppression of noxious insects (S4(1)) and permits councils to expend revenue for this purpose (S4(2)). Local councils may even declare a special rate on the rateable property within its area (S4(3)) for the expenditure of these funds for the purposes of the Act (S4(6)). Local councils may enter upon land (including Crown land) and carry out works including laying poisons and digging trenches (S5(1)). No compensation is payable for loss caused by this activity except if it is carried out negligently or maliciously (S5(2)). Further, councils can give orders to occupiers of land to take steps for the purposes of the Act. Further entry rights are conferred in cases of non-compliance with such orders and costs in conducting the activities can be recovered from the occupier. Occupiers are compulsorily required to give notice to local councils and police officers of the outbreak of a noxious insect (S7). Once informed, the Regulations specify a process that a council must undertake, including marking the location of egg-beds on a map, making periodic inspections to ensure steps have been taken for destruction and suppression and the furnishing of information to the Department of Agriculture (Reg 6). The Minister has all the powers vested in a local council or other authority for the destruction or suppression of noxious insects (S11(1)(a)). These powers are not limited to the case where the Minister has formed the view that the Council has failed to exercise their statutory powers. The Minister may take action after first giving a direction to the council and if this is not complied with the Minister may undertake the work and recover costs against the council (S9). Occupational Health, Safety and Welfare Act 1986 The Act provides for the health, safety and welfare of persons at work and seeks to eliminate at their source, risks to health, safety and welfare of persons at work There is an additional aim of seeking to protect the public from risks to health or safety arising out of the activities of persons at work and the use and operation of various types of plant (S3). . The requirements of this Act apply to local councils as an employer.



Where a health and safety representative of employees is of the opinion that there is an immediate threat to health and safety of an employee, the representative must consult the employer (S36(1)). If the matter is not resolved within a reasonable time, the matter may be referred to the health and safety committee or the Inspector (S26(2)). If the nature of the threat and the degree of risk is such that work should cease immediately, the representative may direct that work cease and adequate measures be taken to protect the employee (S36(3)). The employer must then be consulted. The Director must be informed of certain notifiable work (Reg 6.5.2), including some types of excavation or demolition and the alteration, cleaning or maintenance of a structure where a crane or scaffolding is being used (Reg 6.5.1(1)). Local councils as public authorities are exempted from this notification requirement, if acting in an emergency situation (Reg 6.5.1 (2)(a)). PUBLIC AND ENVIRONMENTAL HEALTH ACT 1987 The purpose of the Act is to deal with public and environmental health by making provisions relating to insanitary conditions, offensive activities, the discharge of waste and the pollution of water. Its latter parts make provisions in relation to disease and the prevention of infection. Local councils have a representative role on the Public and Environmental Health Council (S8(2)(b)). Two of the Council’s members must be nominees of the Local Government Association with selection by the Minister. The Council’s function is to report to the Minister, initiate programs designed to promote awareness and to promote or conduct inquiries into matters of public and environmental health (S12). Local councils are the ‘authority’ for the purposes of the Act and are the main actors in fulfilling the Act’s obligations (S3). Though the Minister has the obligation to promote standards of public and environmental health in SA generally and to take adequate measures to ensure the Act is observed, Local councils must take reasonable steps (S12A):

- to prevent the occurrence and spread of a notifiable disease - to prevent any infestation or spread of vermin, rodents or other pests within its

area. and take adequate measures - to ensure the provisions relating to insanitary conditions, discharge of wastes and

offensive activities are observed. - to promote proper standards of public and environmental health.

The P&EH Council may withdraw these powers from a local council if it considers they have failed to discharge their obligations (S12A(5)) and transfer them to the Minister. Costs incurred in exercising powers which have been transferred from a local council may be recovered by the Minister (S12A(8)). Local council’s powers under the legislation are extensive. Local councils may direct the: improvement of unsanitary conditions (S15(1)) including residential premises which by reason of their unsanitary condition are unfit for human habitation (S15(2)); cessation of activities that give rise to a risk of health or that result in the emission of offensive materials or odours (S17); stop the discharge of waste in a public place (S18) or the pollution of water (S20); specify that adequate facilities be provided for sanitation or personal hygiene (S20). Local councils have the power to appoint authorised officers (S7) or a person to act as ‘officer of health’ for their area (S39). Authorised officers have significant powers of inspection including the entering and inspection of any premises or vehicle (S38).



With respect to the notifiable disease provisions local councils must be informed by the Minister’s department of the occurrence of a notifiable disease in their area, that constitutes a threat to public health. In addition a monthly report must be prepared that which reports on the occurrence of notifiable diseases and any problems caused by such diseases (S35). A yearly report must be prepared by Local councils for the P&EH Council. This must contain a report on the standard of public and environmental health measures in its area and any details of measures the Council has taken with respect to insanitary conditions, discharge of wastes and offensive activities (S44). Road Traffic Act 1961 This Act applies to regulate vehicles, drivers, riders, passengers and pedestrians on roads (S5A). Some of the provisions could be applicable to emergency management. For example, an Authority, which includes a local council, may install a traffic control device on a road for any temporary purpose, with the approval of the Minister (S17) or at the direction of the Minister (S18). There is provision for a senior police officer to close a road, and take necessary associated actions, to enable an aircraft to use the road in response to an emergency (S34). The driver of a vehicle involved in an accident or incident in which a person is killed or injured is under a duty to immediately stop and render assistance. Failure to do so is an offence (S43). If an unattended vehicle is causing an obstruction or a danger a police officer or a council officer of the area may remove it (S86). The Governor may make regulations conferring power on police officers and others to give directions for traffic regulation (S179(1a)). Soil Conservation and Land Care Act 1989 The object of this Act is to minimise degradation of land, vegetation and water and to rehabilitate degraded land. This involves monitoring and development of plans (S6). The Soil Conservation Council and local Boards, including a local council representative, are established (S14, S24). The Boards are required to prepare and review district plans and three year programs and to approve property plans to implement the objects of the Act (S29). On its own investigations or on other information, the Board has the power to give written soil conservation orders requiring a landowner to act or refrain from acting (S38). It is an offence not to comply (S42). If non-compliance causes damage to another’s land, damages can be sought from the offender (S44). Authorised officers and local Board members have wide powers of entry and action, on behalf of the Board (S53).



South Australian Metropolitan Fire Service Act 1936 This Act provides for the fighting and prevention of fires in fire districts and for protection of life and property threatened by other emergencies. The corporation of the SA Metropolitan Fire Service (fire service) is established (S8) with extensive powers and functions to provide emergency services (S9). The corporation may delegate its powers to the Chief Officer or any other person (S10). The corporation and insurance companies may establish salvage corps (S34). Volunteer fire brigades may be registered under the Act (S37). Commanding officers of the fire service are specifically and widely empowered to act at the scene of fire or other emergency (S45). ‘Emergency’ is defined to as arising from the escape of a dangerous substance, or a situation that involves the imminent danger of such escape (S48). Police and all others are required to recognise the authority of the Chief Officer and commanding officers of the fire service and give assistance at the scene of a fire or defined emergency (S48). Police are required to attend the scene of a fire or defined emergency to which a fire brigade has been called (S63). Where the safety of persons in a public building cannot be otherwise be ensured, The Chief Officer or an authorised officer may issue a building closure order (S51A). These officers also have powers of entry, inspection and action in relation to buildings, vehicles and vessels where there are explosives, combustible or inflammable materials which are a source of danger in the event of fire, or likely to cause an outbreak of fire (S51B). The Governor may proclaim, alter and abolish a fire district of land within the area of a Council or Councils (S6). The Act also empowers local government authorised officers to act where there is an unreasonable risk of fire on private land (S60B). Local Councils can be required to contribute to the expenditure of the fire service in relation to the Council area (S54(6) &(7)). State Disaster Act 1980 This Act makes provision for the protection of life and property in the event of disaster or major emergency and for recovery following the event. The State Disaster Committee is established, with one of the members being a representative of Local Government (S6). The Committee must prepare and keep under review a State Disaster Plan and evaluate its implementation. The Committee must also maintain contact with other organizations that might participate in disaster and emergency response and recovery operations. The standard operating procedures of those organizations must be monitored by the Committee (S8). The Committee is required to appoint a Recovery Committee, including one person to represent the interests of local government in recovery operations (S8A). The Recovery Committee is required to prepare that part of the State Disaster Plan that relates to recovery in the event of a disaster or major emergency. This Committee is generally required to advise on, oversee and evaluate disaster recovery operations (S8B). The State Co-ordinator may appoint authorised officers (S11). A declaration of a state of disaster may be made in several ways, in circumstances where a disaster has occurred, is occurring or is about to occur, for so much of SA as is affected or is



likely to be affected. The Minister may make an interim declaration remaining in force for 12 hours (S12). The Governor may make a declaration remaining in force for 96 hours, unless renewed or extended by a resolution of both Houses of Parliament (S13). The State Co-ordinator may make a declaration which remains in force for 48 hours (S13A). On declaration of a state of disaster or emergency, the Minister may authorise expenditure of monies, as approved by the Governor, to relieve distress and assist in response or recovery operations (S14). State Disaster (State Disaster Committee) Amendment Bill 2000 This Bill follows the 1997 Grear Report of a review of SA emergency management arrangements. That report gave rise to a number of changes to emergency management procedures by administrative action and this Act seeks to accomplish some associated legislative changes to the State Disaster Committee. The Bill aims to co-ordinate the reporting of emergency related committees through the State Disaster Committee to the Emergency Management Council. The Bill also requires the State Disaster Committee to consult with the Local Government Association when reviewing and amending the State Disaster Plan. That Committee is also required to keep the LGA informed of what is expected of local governments in the event of a disaster or major emergency. State Emergency Service Act 1987 This Act makes provision for responding to emergencies, which are defined to include (S3): any occurrence, INCLUDING fire, flood, storm, tempest, earthquake, eruption, epidemic of human, animal or plant disease and accident, that causes, or threatens to cause, loss of life or injury to person or animals or damage to property, but does NOT INCLUDE:

- an occurrence in respect of which a declaration under the State Disaster Act is in force; - a civil riot or disturbance; or - an industrial dispute.

The functions of the service are (S8):

• to assist the Commissioner of Police • to assist the State Co-ordinator in response and recovery under the State Disaster

Act • to assist the SA Metropolitan Fire Service and Country Fire Service Board in

emergencies • to deal with emergencies where no other body is in command • to respond to emergency calls.

The Director may register any organization formed for the purpose of dealing with emergencies, as an SES unit, and that unit is authorised to perform any functions assigned by its constitution or under this Act (S9). An SES unit is exempt from local government rates (S9(8)). The Director is an emergency officer and may appoint other emergency officers (S10). The Director may assume command of operations to deal with an emergency, by written order, where there is no other person with authority to assume command. The order continues for 48 hours, subject to extension for a further 24 hours by Ministerial approval (S11). During the



period of the emergency order, emergency officers may do what is necessary for the protection of life and property (S12). In emergencies, emergency officers may assist police, assist with response and recovery under the Disaster Plan, assist metropolitan and country fire service officers and fire control officers under the CFS (may be local council officers) (S15). Water Resources Act 1997 This Act establishes a system for the use and management of the State’s water resources which ensures that the use and management of these resources sustains the physical, economic and social well being of the people of the State and facilitate the State’s economic development, while ensuring there are sufficient water resources for future generations and protecting the ecosystems that depend on those resources (S6). There is a general right for a person who has lawful access to a water course, lake or well to take water from that source but an authorisation in the form of a water license is needed if the water source is a prescribed one (S7). The Governor may by regulation and on recommendation of the Minister declare that a water course, lake or well to be ‘prescribed’ (8). There are restrictions on what can be done to prescribed water courses, lakes or wells without authorisation (S9). The Minister is the relevant authority for the purposes of the granting of water licences (S10) and granting other authorisations (S11) and has overall responsibility for administration of the State’s water resources. Any of the Minister’s functions (specified in S45) can be delegated, including to a Municipal or District Council (S48). In granting a license to take water, the Minister can endorse an allocation of water on the license referring to the volume of water that may be taken (SS29-37). There are provisions dealing with the transfer of licenses (SS38–42) and the consequences of a breach of license (S43-44) and offences for failure to obtain a licence and other breaches of the Act (S141). The Minister has the power to prohibit or restrict the taking of water in circumstances where there has been overuse of the resource or inadequate supply (S16). Water taking and water holding allocations on licences can be reduced by the Minister in a range of circumstances, including where water quality, future supplies, the aquifer and an ecosystem are at risk or have been damaged (S37). The Act establishes a Water Resources Council with more than one member being a person having knowledge of and experience in regional development and Local Government (S49, S50). It has responsibility for over viewing and assessing the State Water Plan, Catchment Water Management Plans and Water Allocation Plans and the extent to which the implementation of those plans has achieved the object of the Act (S51). The Minister is empowered to establish Water Resources Planning Committees to prepare draft water allocation plans for prescribed water courses, lakes and wells which are outside the catchment area of a Catchment Water Management Board (S81). It is a requirement that the Committee collectively have knowledge and experience in a number of areas including Local Government (S83). The Act provides for the preparation of a State water plan (S90), Catchment Water Management Plans in relation to the water resources of a catchment area (S92), Water Allocation Plans (S101) and Local Water Management Plans (S108). There are specific procedures for consultation with Local Councils in relation to all but the State Water Plans.



The Local Water Management Plans are actually prepared by Councils but the ultimate approval of those plans is by the Minister. Council Development Plans may be amended by the various water plans again after consultation with the Councils. There is a requirement that local councils, when performing their functions, act consistently with any Local Water Management Plan developed by the Council and any Catchment Water Management Plan developed by a Board which includes the Council’s area (S86). The Minister may appoint a Council officer as an authorised officer for the purposes of the Act but only at the request of a Council (S87). Where land is situated in an area of a local council but not a catchment area the council is empowered to serve notice on the owner or occupier of land on which a water course or lake is situated requiring them to prevent or rectify damage to the bed and banks of the water course or lake (S17).



APPENDIX E - FURTHER USEFUL RESOURCES Current Books 1. Australian National Audit Office (2000) Business Continuity Management : keeping

the wheels in motion - guide to effective control. Australian National Audit Office : Canberra.

2. Australian National Audit Office (1999) Business Continuity Management Workbook :

keeping the wheels in motion - guide to effective control. Australian National Audit Office : Canberra.

3. Bureau of Transport Economics (2001) Economic Costs of Natural Disasters in

Australia. Report 103. Bureau of Transport Economics : Canberra. 4. Chapman David (1999) Natural Hazards (2nd ed.) Series: Meridian, Australian

Geographical Perspectives. Oxford University Press : South Melbourne 5. Department of Emergency Services Counter Disaster and Rescue Services, (2000)

Disaster Risk Management Guide : A How-to Manual for Local Government. Queensland Department of Emergency Services : Brisbane

6. Mileti, Dennis S. (1999) Disasters by Design ; a reassessment of natural hazards in

the United States. Joseph Henry Press : Washington DC.

7. Washington State Emergency Division (2000) Keeping Hazards from Becoming Disasters : a Mitigation Workbook for Local Governments

Legislation / Plans / Standards / Guidelines 8. Emergency Management Australia (1997) Non-Stop Service: Continuity Management

Guidelines for Public Sector Agencies. Emergency Management Australia : Canberra 9. Emergency Management Australia (2000) Emergency Risk Management :

applications guide. Australian Emergency Manuals Series. Emergency Management Australia : Dickson ACT

10. Emergency Management Australia (2000) The Good Practice Guide : Community

Awareness and Education in Emergency Management. Emergency Management Australia : Dickson ACT

11. Norman Waterhouse Solicitors. (2001) Legal Research Report on South Australian

Legislation relating to Emergency and Disaster Management. Norman Waterhouse : Adelaide

12. Queensland Government. State Counter Disaster Organisation (2001) State Counter

Disaster Plan. Queensland Government : Brisbane. 13. South Australian Government. Occupational Health, Safety and Welfare Act 1986 14. South Australian Government. State Disaster Act 1980 15. South Australian Government. State Disaster Committee (1996) State Disaster Plan.

South Australian Government : Adelaide.



16. South Australian Government. State Disaster Committee. Local Divisional Disaster

Plans. South Australian Government : Adelaide. 17. Standards Australia. Standards New Zealand. (1999) Risk Management AS/NZ 4360

: 1999. Standards Association of Australia : Strathfield NSW 18. Standards Australia. Standards New Zealand. (1999) Guidelines for managing risk in

the Australian and New Zealand public sector HB 143 : 1999. Standards Association of Australia : Strathfield NSW

19. Victorian Government. (2000) Guidelines for Municipal Emergency Management

Planning : Part 3 of the Emergency Management Manual Victoria. Victorian Government : Melbourne.

Journals 20. Australian Journal of Emergency Management official magazine of Emergency

Management Australia. Web address: www.ema.gov.au 21. National Emergency Response official magazine of the Australian Institute of

Emergency Services. Web address: www.aies.au.com Websites 22. SA Emergency Management www.emsa.asn.au 23. SA State Emergency Service www.sessa.asn.au 24. SA Regional Funding & Grants Register www.grants.ord.sa.gov.au 25. AUSTRALIA Emergency Management www.ema.gov.au 26. ACT Emergency Services Bureau www.esb.act.gov.au 27. NSW State Emergency Management Committee www.oes.nsw.gov.au 28. NSW State Emergency Service www.ses.nsw.gov.au 29. NT Police, Fire and Emergency Services www.nt.gov.au/pfes 30. QLD Department of Emergency Service www.emergency.qld.gov.au 31. QLD State Counter Disaster Organisation www.disaster.qld.gov.au 32. TAS State Emergency Service www.ses.tas.gov.au 33. VIC Emergency Management www.justice.vic.gov.au

Choose safety, then emergency services, then emergency management 34. VIC State Emergency Service www.ses.vic.gov.au



35. WA Fire and Emergency Services Authority www.fire.wa.gov.au 36. Australian National Audit Office www.anao.gov.au 37. Business Continuity Institute www.thebci.org 38. Standards Australia www.standards.com.au 39. Washington State Emergency Management Division www.wa.gov/wsem Training Sources 40. Introduction to Disaster Management [email protected]

through SA State Emergency Service

41. Introduction to Emergency Risk Management [email protected] through SA State Emergency Service

42. Understanding Emergency Risk Management www.ema.gov.au

through Emergency Management Australia 43. Implementing Emergency Risk Management www.ema.gov.au

through Emergency Management Australia 44. Risk Management Workshop www.riskmanagement.com.au through Standards Australia 45. Public Sector Risk Management Workshop www.riskmanagement.com.au

through Standards Australia 46. Risk Management In-House Public Sector www.riskmanagement.com.au

Workshops through Standards Australia