WA Radio Scanner Users' Group

can some one point to me what the legalities of forced evacuation

I would imagine its covered in the Emergency Management Act 2003
http://www.slp.wa.gov.au/legislation/st ... epage.html

Found it - Part 6, Division 1, s67 (page 41)

Powers concerning movement and evacuation
For the purpose of emergency management during an
emergency situation or state of emergency, a hazard
management officer or authorised officer may do all or any of
the following —
(a) direct or, by direction, prohibit, the movement of
persons, animals and vehicles within, into, out of or
around an emergency area or any part of the emergency
area;
(b) direct the evacuation and removal of persons or animals
from the emergency area or any part of the emergency
area;
(c) close any road, access route or area of water in or
leading to the emergency area.

That provision is mirrored in the Bush Fires Act also...

BUSH FIRES ACT 1954 - SECT 14B
14B . Powers of authorised persons during authorised periods

(1) In this section —
affected area means the area specified in an authorisation as the area affected by the relevant bush fire;
authorisation means an authorisation to take control of all operations in relation to a bush fire given by the Authority under section 13(4) or (5);
authorised period means the period specified in an authorisation as the period during which the authorisation has effect;
authorised person means a bush fire liaison officer or another person who is given an authorisation and includes a person acting under an authorised person’s orders and directions under section 13(6);
relevant bush fire means the bush fire in relation to which an authorisation is given.

(2) During the authorised period, an authorised person may do all or any of the following —

(a) direct, or by direction prohibit, the movement of persons, animals and vehicles within, into, out of or around the affected area or any part of the affected area;
(b) direct the evacuation and removal of persons or animals from the affected area or any part of the affected area;
(c) close any road, access route or area of water in or leading to the affected area.

(3) During the authorised period and for the purposes of controlling or extinguishing the relevant bush fire, an authorised person may use a vehicle in any place and in any circumstance despite any provision of the Road Traffic Act 1974 that requires a permit for the use of that vehicle or for the use of that vehicle in that place or in that circumstance.

(4) This section does not limit the powers of a bush fire liaison officer or another person under another provision of this Act or any other written law.