Declaration of Emergency Works - Council Policy

Objective

To authorise the Chief Executive to determine whether a situation exists, which constitutes an emergency under Section 330 of the Resource Management Act 1991; and to determine what if any emergency action should be taken in reliance of Section 330(2) RMA in response to an emergency situation.

Policy

To:

1. Consider all technical reports from staff and/or consultants regarding the situation that has arisen and works that may be needed to prevent, remedy or mitigate the effects of the emergency;
   
2. Give specific consideration to the tests under section 330(1) i.e., is there any work, resource, area or project as described under section 330(1)(a), (b) or (c) which is:
   
• affected or likely to be affected by any adverse effect on the environment and which requires immediate preventive or remedial measures as described in section 330(1)(d) or (e); or
  
• affected or likely to be affected by a sudden event causing or likely to cause loss of life, injury or serious damage to property.
  
3. Determine whether any further technical investigation or assessment is required in order to form an opinion as to the existence of an emergency situation.
   
4. Determine whether any action is needed immediately, in order to remove the cause of or to mitigate any actual or likely adverse effect of the emergency.
   
5. Take remedial action where the natural and physical resources within the City's jurisdiction are likely to be adversely affected.
   
6. Take such action as immediately necessary and sufficient to mitigate any actual or likely adverse effect of the emergence.
   
7. Ensure that notification and consent application requirements of section 330A are met whenever work is undertaken under section 330 (2).

Previous Review Dates:

13 May 2005