Emergency situations and lifesaving
This exemption is for activities/works required immediately in an emergency.
Emergencies may be natural or man-made. They are serious, unexpected and often dangerous situations requiring immediate action. The nature of the emergency will vary the type of risk to life, the environment and nature of on-site damage to a heritage item/place.
Incidents likely to cause serious damage and require actions necessary to save or protect life could include:
- an uncontrolled escape, spillage or leakage,
- an uncontrol implosion, explosion or fire,
- exposed live electrical parts,
- collision or fall of something,
- collapse or partial collapse of a structure or plant (for example a crane or shoring supporting an excavation).
This exemption permits people on site and emergency personnel to do what is necessary to save or protect human life and/or secure the safety of a ship, the environment or a heritage item endangered by an incident such as those listed above.
Standard Exemption 20. Emergency situations and lifesaving
General conditions (see page 6 of Government Gazette) apply to the use of all Standard Exemptions and must be complied with.
The following specified activities/works to an item do not require approval under subsection 57(1) of the Heritage Act 1977 if the specified activities/works are undertaken in accordance with each of the relevant standards prescribed below.
- Any activities/works that would be in contravention of subsection 57(1) of the Heritage Act 1977 that is solely for the purpose of:
- saving or protecting human life under imminent threat in an emergency.
- securing the safety of a ship endangered by stress of weather or navigational hazards.
- dealing with an emergency involving serious threat to the environment.
- preventing imminent serious damage to property or any heritage item in an emergency.
- The activities/works must have been immediately necessary for the identified purposes.
- The activities/works were reasonable and justifiable in the circumstances.
- The activities/works were proportionate to the damage the item has suffered and to the risk of further damage. The effects of the activities/works must be adequately mitigated or remedied.