fuel emergency ACT 2005
An Act to provide for the control and management of fuel in periods of emergency and purposes associated therewith.
BE IT ENACTED by the Legislative Assembly of Norfolk Island as follows —
Short title
1. This Act may be cited as the Fuel Emergency Act 2005.
Commencement
2. (1) This Act shall come into operation on the day upon which notice of assent is published in the Gazette.
(2) Upon commencement this Act has effect from midnight on 20 September 2005.
3. In this Act, unless inconsistent with the context or subject-matter —
“period of emergency” means the time during which any declaration of a state of emergency made under this Act in relation to a fuel is in force;
“services” means anything done or necessary or expedient to be done for or with respect to the production supply distribution or sale of fuel.
4. (1) Where at any time it appears to the Administrator that any action has been taken or is immediately threatened by any person or body of persons or an event has occurred or is about to occur whereby any kind of fuel is or is likely to become unavailable to meet the reasonable requirements of the community and that a state of emergency exists or is likely to exist in relation to that fuel the Administrator may by declaration published in the Gazette declare that a state of emergency exists in relation to that fuel.
(2) Any such declaration in relation to any fuel may be limited therein as to time place and circumstance.
(3) No such declaration shall be in force for more than 3 months, without prejudice to the issue of another declaration of emergency before at or after the end of that period.
(4) Any such declaration may be revoked—
(a) by a declaration of the Administrator published in the Gazette; or
(b) by a resolution of the Legislative Assembly.
5. (1) During a period of emergency the Minister may in relation to the production supply distribution sale use or consumption of the fuel to which the period of emergency relates provide operate control regulate and direct any service (whether by way of continuation or modification of, or substitution for, any service theretofore provided).
(2) Without limiting the generality of the foregoing provisions of this section the Minister may by notice in writing in relation to a fuel in respect of which a period of emergency is in force—
(a) give such directions as are necessary to control direct restrict or prohibit the production supply distribution sale use or consumption of the fuel;
(b) direct a person who extracts produces transports or distributes the fuel to extract it for or produce it transport or distribute it to a person specified in the direction;
(c) direct a person to comply with such terms and conditions as the Minister determines relating to the extracting production supply distribution sale use or consumption of the fuel;
(d) direct that a person to whom that fuel is provided or transported accept the fuel so provided or transported;
(e) direct what services shall be maintained and upon what terms and conditions they shall operate;
(f) direct persons and bodies to operate and maintain services to the extent and upon the terms specified in the direction;
(g) direct at what times and places and upon what terms and conditions and in what manner services may be used or availed of;
(h) prohibit the operation or use of services except, if so specified in the prohibition, with the consent of the Minister;
(i) requisition the use of property of any kind which is used or may be used for or in connexion with the operation or maintenance of any service;
(j) provide for or control, by direction prohibition or requisition, the operation use disposal distribution storage repair upkeep and maintenance of any property or commodity used or which may be used for or in connexion with any service;
(k) by notice in writing authorize a person specified in the notice to enter any land building or structure used for or in connexion with the provision of services;
(l) provide, by direction prohibition or requisition, for any matter or thing incidental to the carrying into effect of the powers referred to in this section.
6. (1) Every body and every person to which or to whom any direction prohibition or requisition is addressed or directed under this Act shall comply with such direction prohibition or requisition.
(2) Such a direction prohibition or requisition may be addressed or directed to bodies and persons generally or particularly, in writing or verbally, by publication or advertisement or by any other means or in any other manner which appear or appears to the Minister to be practicable appropriate or expedient in the circumstances.
7. (1) The Minister may in relation to any matter or class of matters by writing under his hand delegate all or any of his powers and functions under this Act (except this power of delegation) so that the delegated powers or functions may be exercised by the delegate with respect to the matters or class of matters specified in the instrument of delegation.
(2) Every delegation under this section shall be revocable at will and no delegation shall prevent the exercise of any power or function by the Minister.
8. (1) Any direction prohibition or requisition under this Act—
(a) may be made so as to apply to or have operation throughout or to any particular part of Norfolk Island;
(b) may subject to this Act be made so as to operate for any period or periods or for any time or times or for any occasion or occasions specified therein;
(c) may be of general operation or of specially limited operation according to time place circumstances conditions or restrictions;
(d) may be revoked by the Minister or by a resolution passed by the Legislative Assembly; and
(e) shall have effect as if enacted in this Act.
(2) The expiry or revocation of any direction prohibition or requisition under this Act shall not be deemed to have affected the previous operation thereof or the validity of any action taken thereunder or any penalty or punishment incurred in respect of any contravention of or failure to comply therewith or any proceeding or remedy in respect of any such penalty or punishment.
9. (1) Any person or body who or which contravenes or fails to comply with any direction prohibition or requisition or any regulation under this Act shall be guilty of an offence against this Act.
(2) Every person or body who or which is guilty of an offence against this Act shall where no other penalty is expressly provided be liable to a penalty of not more than 50 penalty units.
NOTES
The Fuel Emergency Act 2005 as shown in this consolidation comprises Act No. 20 of 2005 and amendments as indicated in the Tables below.
Enactment | Number and year | Date of commencement | Application saving or transitional provision |
| | | |
Fuel Emergency Act 2005 | 20, 2005 | 20.9.2005 | |
| | | |
Interpretation (Amendment) Act 2012 [to substitute throughout —Commonwealth Minister for Minister; and to substitute Minister for executive member] | 14, 2012 | 28.12.12 | |
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© Norfolk Island Government 2013
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