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Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
for the prevention, mitigation and suppression of bush and other fires
in local government areas (or parts of areas) and other parts of the
State constituted as rural fire districts, and
for the co-ordination of bush fire fighting and bush fire prevention
throughout the State, and
for the protection of persons from injury or death, and property from
damage, arising from bush fires, and
for the protection of the environment by requiring certain activities
referred to in paragraphs (a)-(c) to be carried out having regard to the
principles of ecologically sustainable development described in section
6 (2) of the Protection of the Environment Administration Act 1991.
Amended in committee--see table at end of volume.
The Bill provides for the constitution of all those parts of the State that are
not within fire districts (within the meaning of the Fire Brigades Act 1989) as
rural fire districts. The boundaries of the rural fire districts are the same as
those areas of the State constituted as local government areas, the Western
Division and Lord Howe Island or are combinations of such areas. Generally,
responsibilities for the areas are conferred on the local authorities for the
areas (councils, the Western Lands Commissioner and the Lord Howe Island
Board).
The Rural Fire Service is responsible for providing rural fire services in the
rural fire districts and other parts of the State and for assisting other
emergency services organisations at incidents and at emergencies under the
control of those organisations and has functions assigned to it under the State
Emergency and Rescue Management Act 1989 and other Acts.
The members of the Rural Fire Service are the Commissioner and other
public servants appointed to the Service, the fire control officers and deputy
fire control officers appointed by the local authorities responsible for the rural
fire districts and the volunteer rural fire fighters. The volunteer rural fire
fighters are the officers and other members of the rural fire brigades and
groups of rural fire brigades who function under the direction of the fire
control officers and other volunteers engaging in fire fighting and associated
activities.
The Commissioner heads the Rural Fire Service and is Chairperson of the
Bush Fire Co-ordinating Committee (which plans for bush fire prevention
and co-ordinated bush fire fighting) and also the Rural Fire Service Advisory
Council.
The Bill repeals and replaces the Bush Fires Act 1949.
Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be proclaimed.
Clause 3 sets out the objects of the proposed Act described above.
Explanatory note page 2
Clause 4 provides that the words and expressions used in the Dictionary at
the end of the proposed Act have the meanings given in the Dictionary. It
also provides for words and expressions used in the State Emergency and
Rescue Management Act 1989 that are used in the proposed Act to have the
same meanings in the proposed Act as they have in the 1989 Act.
Expressions defined include local authority and area of a local authority.
The local authority for a local government area is the council of the area, for
the Western Division is the Western Lands Commissioner, and for Lord
Howe Island is the Lord Howe Island Board.
Clause 5 provides that notes do not form part of the proposed Act.
Clause 6 provides for the area of each local authority to be constituted as a
rural fire district on the commencement of the proposed Act. Provision is
made for changes in the boundaries and areas of local authorities to be
reflected by corresponding changes to the boundaries and areas of the rural
fire districts. Rural fire districts are based on local authority areas and do not
include land within a fire district constituted under the Fire Brigades Act
1989.
Clause 7 sets out the local authorities to be responsible for carrying out
functions for or in respect of rural fire districts conferred or imposed by or
under the proposed Act. Functions to be exercised by the local authorities
include the appointment of fire control officers and deputy fire control
officers and the formation of rural fire brigades.
Part 2
NSW Rural Fire Service
Part 2 (clauses 8-43) establishes the NSW Rural Fire Service (the Service)
and provides for its composition, functions and management. The Service is
to be managed and controlled by the Commissioner. The Commissioner has
responsibilities for the members of the Service, including the staff of the
Service, fire control officers and deputy fire control officers and the members
of rural fire brigades and other volunteers.
Division 1
The Service
Clause 8 establishes the Service. It provides that the Service consists of the
Commissioner and other staff of the Service, fire control officers, officers and
other members of rural fire brigades and other volunteer rural fire fighters.
Explanatory note page 3
Clause 9 specifies the general functions of the Service in relation to the
prevention, mitigation and suppression of fires in rural fire districts and
throughout the State. The functions of the Service include assisting other
emergency services organisations at incidents and other emergencies under
the control of those organisations. The Service is required to exercise its
functions in accordance with the State Emergency and Rescue Management
Act 1989 and to have regard to principles of ecologically sustainable
development.
Division 2
Commissioner and other staff of
Clause 10 provides for the employment of the Commissioner and other staff
of the Service under the Public Sector Management Act 1988.
Clauses 11 and 12 make the Commissioner (subject to the control and
direction of the Minister) responsible for the general management and control
of the Service.
Clause 13 provides for the issue of Service Standards. The Service Standards
are policy statements for or with respect to procedures to be followed in
connection with the operation, management and control of the Service and
provide information as to the standard operating procedures to be followed
by the Service. The Commissioner is required to consult with the Advisory
Council before issuing Service Standards.
Clause 14 provides the Commissioner with a general power of delegation.
Division 3
Rural fire brigades
Division 3 (clauses 15-33) provides for the formation, membership and
functions of rural fire brigades. Rural fire brigades are groups of volunteer
rural fire fighters based in rural fire districts.
Clause 15 provides for the formation of rural fire brigades by local
authorities or, if a local authority that has been requested to form a brigade
refuses or fails to do so, by the Commissioner.
Clause 16 provides for the formation of groups of rural fire brigades formed
in a rural fire district by the fire control officer for the district.
Clause 17 provides for the disbandment of rural fire brigades by the persons
or body that formed them and for appeals to the Minister against a decision to
disband rural fire brigades.
Explanatory note page 4
Clause 18 provides for the determination of the territory in which a rural fire
brigade is to operate and for the appointment of its officers.
Clause 19 provides for the determination of the territory in which a group of
rural
brigades is to operate and for the selection of the officers for the
group.
Clause 20 provides for the members of a rural fire brigade to consist of
persons listed on the register required to be kept for the brigade.
Clause 21 specifies the general functions of officers of rural fire brigades and
groups of rural fire brigades both within the rural fire districts for which the
brigades or groups are formed and at other places in the State.
Clauses 22-27 give some particular examples of actions that officers of rural
fire brigades and groups of rural fire brigades may take in exercising
functions under the proposed Act. The powers include the power to enter
premises, close roads, pull down fences, establish fire breaks and use water.
Clause 28 provides for damage to property caused in the exercise of powers
conferred under proposed Division 3 to be treated as damage by fire for the
purposes of any insurance policy.
Clauses 29-32 place certain restrictions on the power of entry conferred on
officers of rural fire brigades and groups of rural fire brigades.
Clause 33 enables a rural fire brigade to voluntarily co-operate with a public
authority in the exercise of any function of the public authority prescribed by
the regulations.
Division 4
Fire control officers
Division 4 (clauses 34-38) provides for the appointment and functions of a
fire control officer and deputy fire control officers for rural fire districts.
Clause 34 provides for the appointment and revocation of appointment of
fire control officers and deputy fire control officers by the local authority or
local authorities of areas constituting rural fire districts. It also sets out the
responsibilities of the local authorities to provide the fire control officer with
the facilities necessary to carry out his or her functions.
Clause 35 provides for the appointment of an acting fire control officer to
exercise the functions of a fire control officer when the fire control officer
and all deputy fire control officers are absent from duty.
Explanatory note page 5
Clause 36 prevents a councillor within the meaning of the Local Government
Act 1993 from being appointed as a fire control officer or deputy fire control
officer and requires a fire control officer or deputy fire control officer who
becomes a councillor to cease to be such an officer within a specified period.
A provision is included in Schedule 3 to require existing fire control officers
and deputy fire control officers who are councillors to cease to be such
officers within a specified period.
Clause 37 states the general functions of a fire control officer. The officer is,
subject to any direction of the Commissioner, to be responsible for the
control and co-ordination of activities of the Service in the rural fire district.
Clause 38 confers on fire control officers all the powers and immunities
conferred on an officer in charge of a rural fire brigade. It sets out the
functions of fire control officers and the limitations on the exercise of those
functions in certain managed lands such as State forests and national parks.
Division 5
structure
Division 5 (clauses 39-43) sets out the command structure within the Service
and requires police officers and other members of the Police Service and
members of interstate fire brigades to recognise the authority of the
Commissioner and persons acting under the Commissioner's authority.
Clause 39 enables the Commissioner to authorise officers and members of
rural fire brigades and groups of rural fire brigades to exercise the
Commissioner's functions.
Clause 40 enables the officer in charge of a fire to authorise any other officer
or member of a rural fire brigade to exercise the functions of the officer.
Clause 41 requires persons at the scene of a fire to recognise the authority of
the Commissioner, a member of a rural fire brigade acting under the
Commissioner's orders, the officer in charge at the fire, incident or other
emergency or an officer of a rural fire brigade directly assisting the person
primarily responsible for responding to a fire, incident or other emergency.
Members of the Police Service are required to support the authority.
Clause 42 makes it an offence to obstruct or hinder the Commissioner, a fire
control officer or an officer of a rural fire brigade in the exercise of their
functions.
Clause 43 requires members of an interstate fire brigade who are at the scene
of fire in a rural fire district to obey the orders of the officer in charge of the
fire or (if there is no officer in charge) to take command.
Explanatory note page 6
Part 3
Co-ordinated bush fire fighting
Part 3 (clauses 44-62) provides for the co-ordination of bush fire
management throughout the State.
The Part charges the Commissioner with the responsibility of controlling and
co-ordinating the action to be taken by persons and bodies involved in or
associated with the prevention, mitigation or suppression of bush fires in
dealing with fires requiring a response beyond the area or locality in which
the fires are burning. The Commissioner is authorised to give directions to
persons, members of the Service, officers of other emergency services
organisations and others in relation to the prevention, mitigation and
suppression of bush fires in these circumstances.
The Part also provides for the establishment of the Bush Fire Co-ordinating
Committee, the principal responsibility of which is to plan for bush fire
prevention and for co-ordinated bush fire fighting. The Bush Fire
Co-ordinating Committee is required to constitute Bush Fire Management
Committees for rural fire districts. These committees are responsible for the
preparation of bush fire management plans for the areas for which they are
constituted.
Division 1
Co-ordination of bush fire fighting by
Commissioner
Clauses 44 and 45 require the Commissioner to take charge of fire fighting
operations and fire prevention measures in an emergency beyond the capacity
of local fire fighting authorities if the Commissioner is of the opinion that a
local authority is not effectively controlling or suppressing a fire in its area or
that no authority is in control of the fire. The Commissioner is empowered to
give such directions as are necessary to carry out this function but may not
commandeer equipment or resources. The Commissioner is required to take
into consideration any relevant bush fire management plan when exercising
functions under the proposed Division.
Division 2
Bush Fire Co-ordinating Committee
Clause 46 constitutes the Bush Fire Co-ordinating Committee.
Clause 47 provides that the Bush Fire Co-ordinating Committee is to consist
of the Commissioner and 1 members appointed by the Minister on the
recommendation of bodies involved in bush fire management or nominated
by such bodies.
Explanatory note page 7
Clause 48 sets out the general functions of the Bush Fire Co-ordinating
Committee, including reporting to the Minister on matters relating to the
prevention and suppression of bush fires.
Clause 49 enables the Bush Fire Co-ordinating Committee to delegate its
functions to the Commissioner.
Division 3
Bush Fire Management Committees
Clause 50 requires the Bush Fire Co-ordinating Committee to constitute
Bush Fire Management Committees.
Clause 51 provides that a Bush Fire Management Committee has such
functions as are conferred or imposed on it by or under the proposed Act.
Division 4
Preparation of draft busk fire management plans
Clause 52 requires each Bush Fire Management Committee to prepare draft
bush fire management plans at specified intervals for the part of the State for
which it is formed respectively setting out:
*
procedures to be followed for busk fires of such a size that they would
be incapable of being suppressed by the fire fighting authorities within
the part of the State for which the Committee is formed (plans of
operation), and
*
bush fire hazard reduction measures to be taken in that part of the State
(bush fire risk management plans).
Clauses 53-55 describe the content of draft plans of operation and draft bush
fire risk management plans.
Clause 56 enables the Commissioner to exercise the functions of a Bush Fire
Management Committee that has failed to submit a draft bush fire
management plan in accordance with the proposed Division.
Division 5
Public participation in preparation of plans
Clause 57 requires a Bush Fire Management Committee or the
Commissioner to publicly exhibit any draft bush fire risk management plan
prepared by the Management Committee or Commissioner for the purpose of
receiving submissions on the plan and to display for information a plan of
operations.
Clause 58 provides for the adoption (with or without amendments arising
from the
exhibition of the plan) of the bush fire risk management plan
Explanatory note page 8
following consideration of submissions received on the plans and after
review by the Bush Fire Co-ordinating Committee of the provisions of a draft
plan submitted to it in the light of other plans applying to the land to which it
applies. Provision is made to enable the Bush Fire Co-ordinating Committee
to vary either the plan as submitted or the other plans to ensure that the plans
are consistent, and to ensure that they provide for a co-ordinated approach to
the prevention, mitigation and suppression of bush fires.
Clause 59 provides for the adoption (with or without amendment) of a plan
of operations after review by the Bush Fire Co-ordinating Committee of the
provisions of a draft plan submitted to it in the light of other plans applying
to the land to which it applies. Provision is made to enable the Bush Fire
Co-ordinating Committee to vary either the plan as submitted or the other
plans to ensure that the plans are consistent.
Clause 60 sets out the procedures to be followed before approval, variation
or revocation of a plan imposing a requirement on a public authority.
Clause 61 requires amendments to bush fire management plans to be done by
a bush fire risk management plan prepared in accordance with the proposed
Division and for the revocation of bush fire management plans.
Clause 62 requires a bush fire management plan to be available for public
inspection.
Part 4
Bush fire prevention
Part 4 (clauses 63-100) deals with the prevention and minimisation of the
spread of bush fires throughout the State. It provides for fire hazard reduction
work to be done, for limitation of the lighting of fires without a permit during
bush fire danger periods and the imposition of total fire bans. It imposes
responsibilities on the owners and occupiers of land and public authorities in
relation to these and other matters.
Division 1
Duty to prevent bush fires
Clause 63 sets out the general duties of public authorities and the owners and
occupiers of land to take all practicable steps to prevent the occurrence of
bush fires on, and to minimise the spread of bush fires from, land. Practicable
steps may include steps included in a bush fire management plan for the land
or that the Bush Fire Co-ordinating Committee considers necessary.
Explanatory note page 9
Clause 64 requires the occupier of land to extinguish any busk fire on the
land during a bush fire danger period applicable to the land and, if the
occupier is unable to extinguish the fire without assistance, to notify the
appropriate authorities. A person who fails to comply with such a
requirement is guilty of an offence.
Division 2
Bush fire hazard reduction
The Dictionary defines bush fire hazard reduction work and bush fire
hazard reduction notice for the purposes of the proposed Division.
Clause 65 enables authorised persons to carry out bush fire hazard reduction
work on certain prescribed land with the
of the appropriate
persons or bodies prescribed by the regulations.
Clause 66 enables the local authority of an area to require the occupier or
owner of any land in the area to carry out bush fire hazard reduction work on
the land by a notice. An owner or occupier of land who fails to comply with
such a direction is guilty of an offence.
Clause 67 enables
owner or occupier of land on whom a notice has been
served to lodge an objection with the fire control officer.
Clause 68 provides for an appeal to be lodged with the Commissioner by a
person who has lodged an objection.
Clause 69 enables a local authority to enter land to determine whether a bush
fire hazard reduction notice should be issued and requires the local authority
to notify certain authorities if notice is given and to keep records of notices.
Clause 70 enables a local authority (or persons authorised by it) to carry out
bush fire hazard reduction work required to be done by a notice issued by
local authority if the owner or occupier of the land concerned fails to carry
out the work. The cost of work carried out by the local authority or persons
authorised by it is recoverable from the owner or occupier.
Clause 71 makes it a defence for the owner of land to fail to comply with a
direction if the land is occupied by a different person.
Clause 72 provides for damage to property caused in the exercise of powers
conferred under the proposed Division to be treated as damage by fire for the
purposes of any insurance policy.
Clause 73 enables the Commissioner to carry out bush fire hazard reduction
work required to be carried out on land by a bush fire management plan if the
owner or occupier of the land has not carried out the work as required by the
plan.
Explanatory note page 10
Clause 74 requires a local authority to carry out an annual review of the
incidence of bush fire hazards on land in its area.
Division 3
Damage by fire to dividing fences and other
matters
Clause 75 defines certain terms (including adjoining owners, dividing fence
and excluded land) for the purposes of the proposed Division.
Clauses 76-78 enable the owner or occupier of land divided from other land
(other than excluded land) by a fence who clears combustible matter from
that fence to require the owner or occupier of land on the other side of the
fence to repair or restore (or pay for the cost of the repair or restoration of the
fence) if it is damaged or destroyed because the owner or occupier has failed
to take similar action.
Clause 79 enables the owner or occupier of land who has cleared
combustible matter from land to enter the land of an adjoining owner who
has failed to so clear his or her land to extinguish an unattended fire
threatening his or her land or property.
Clause 80 enables the owner or occupier of land adjoining certain Crown
land (other than excluded land and land reserved or dedicated, or acquired for
reservation or dedication, under the National Parks and Wildlife Act 1974) to
enter the land to establish and maintain fire breaks.
Division 4
Bush fire danger period
Clause 81 states that the bush fire danger period for land in New South
Wales is, except as provided by proposed section 82, the period commencing
on
October and ending on 31 March in the following year.
Clause 82 enables a local authority to specify, by notice published in a
newspaper circulating generally in the area of the local authority, that either
no bush fire danger period, or a different bush fire danger period, applies in
respect of land specified in the order to that stated in proposed section 81.
Clause 83 enables the Commissioner to specify areas in the State in which a
local authority may not make an order under proposed section 82 without the
concurrence of the Forestry Commission and the National Parks and Wildlife
Service.
Clause 84 requires the local authority to give notice of any bush fire danger
period for a part of the State specified in a notice under proposed section 82
in a newspaper circulating generally in that part of the State.
Explanatory note page 11
Division 5
Permits and notice requirements
Clause 85 contains definitions used in the proposed Division. Light a fire is
defined to include maintain or use
a fire or cause a fire to be lit, maintained
or used.
Clause 86 makes it an offence to light a fire for the purpose of land clearance
or burning a fire break or in circumstances that would be likely to be
dangerous to any building without giving notice as required by the proposed
section.
Clause 87 makes it an offence to light a fire for the purpose of land clearance
or burning a fire break during a bush fire danger period that applies to the
land without a fire permit issued, and giving the notice required, under
proposed section 86.
Clause 88 makes it an offence to light a fire in a local government area that is
in a fire district if doing so would be likely to be dangerous to any building
without a fire permit issued, and giving the notice required, by proposed
section 86.
Clause 89 enables an appropriate authority to issue a fire permit.
Clause 90 provides for a fire permit to remain in force for the period (not
exceeding 21 days) specified in the permit.
Clause 91 provides for the cancellation or suspension of fire permits by
notice in writing or by other means in emergencies.
Clause 92 sets out certain conditions to which a fire permit is subject.
Clause 93 sets out the circumstances in which an appropriate authority may
refuse to issue a fire permit.
Clause 94 requires an appropriate authority who issues a fire permit to notify
certain other authorities that it has been issued.
Clause 95 makes it clear that nothing in the proposed Division requires a
public authority to obtain a fire permit to light a fire.
Clause 96 makes it clear that appropriate authorities are not determining
authorities within the meaning of the Environmental Planning and
Assessment Act 1979 for the purposes of issuing fire permits and that the
issue of a fire permit does not affect any requirement to obtain a licence
under the Threatened Species Conservation Act 1995.
Explanatory note page 12
Clause 97 requires local authorities to make annual reports to the
Commissioner in respect of fire permits issued by the local authorities. The
report is to include details of any bush fires that may have been started in the
area of the local authority by a fire lit under a permit.
Clause 98 makes it clear that the issue of a fire permit does not affect the
duties of owners and occupiers of land to prevent the escape of bush fires.
Division 6
Total fire bans
Clause 99 enables the Minister, by order, to prohibit the lighting,
maintenance or use of fires in the open air for a specified period or periods, to
impose conditions on the lighting of fires in such periods or to require
persons specified in the order to take action to prevent the outbreak of or to
extinguish fires.
Division 7
Lighting fires without authority
Clause 100 makes it an offence to light a fire on certain land without
authority.
Part 5
New South Wales Rural Fire Fighting Fund
Part 5 (clauses 101-121) requires local government councils and insurance
companies to contribute, along with the State Government, to the costs of
rural fire brigade expenditure. The total amount required to be contributed is
based on estimated rural fire brigade expenditure.
Division 1
Preliminary
Clause 101 contains definitions for the purposes of the proposed Part.
Division 2
The Fund
Clause 102 establishes the New South Wales Rural Fire Fighting Fund (the
Fund) into which is to be paid all the contributions and other money received
under the proposed Part.
Division 3
Estimates of Fund expenditure and contributions
Clause 103 requires the Minister to estimate Fund expenditure for each
financial year.
Clause 104 requires councils, rural fire brigades or a fire control officer to
furnish the Commissioner with information relevant to preparation of the
estimate of Fund expenditure.
Explanatory note page 13
Clause 105 provides for the payment of contributions under the proposed
Part by instalments on specified dates or such other date as the Commissioner
may notify.
Clause 106 requires contributions to be paid within 60 days of assessment
and for interest to be paid on overdue accounts.
Clause 107 provides for deficits and excesses in contributions estimated for a
financial year to be taken into account in the following financial year.
Division 4
Contributions by Treasurer
Clause 108 requires the Treasurer to provide 14% of the contributions to the
Fund.
Division 5
Contributions by local government areas
Clause 109 requires councils to provide 12.3% of contributions to the Fund.
It also enables the Governor to exempt a council from payment of
contributions if the danger of bush fires in its area is negligible.
Clause 110 provides for the apportionment of contributions between
councils.
Division 6
Contributions by insurance companies
Clause 111 requires insurance companies to provide 73.7% of the
contributions to the Fund.
Clause 112 requires advance contribution payments to be made by an
insurance company and for the method of calculating the amount of the
advance payment. The amount is based on a percentage of the total amount of
premiums received by or due to a company during the financial year before
the financial year in which the advance payment is due.
Clause 113 defines total amount of premiums for the purposes of making the
necessary calculations under proposed section 112.
Clause 114 provides for the adjustment of advance payments made.
Clause 115 deals with the situation where an owner of property insures with
a foreign insurer. The Commissioner may require the owner to pay the
contribution amount that would otherwise be payable by the insurer.
Clause 116 requires returns to be furnished to the Commissioner by
insurance companies.
Explanatory note page 14
Clause 117 provides for the audit by the Auditor-General, at the request of
the Minister, of the accounts of an insurance company requi red to pay a
contribution.
Division 7
Miscellaneous
Clause 118 provides for the application of the Fund.
Clause 119 provides for the maintenance and disposal of fire fighting
equipment purchased from the Fund.
Clause 120 sets out the purposes relating to fire fighting and the prevention,
mitigation and suppression of fires that are purposes for which the
consolidated fund of a council may be applied.
Clause 121 requires the Minister to distribute copies of the annual report to
each council and each insurance company contributing to the Fund.
Part 6
Rural Fire Service Advisory Council
Part 6 (clauses 122-124) establishes a Rural Fire Service Advisory Council
(the Advisory Council) and provides for its composition, functions and
procedures.
Clause 122 establishes the Advisory Council.
Clause 123 provides for the Advisory Council to consist of the
Commissioner and 8 members appointed by the Minister. The Ministerial
appointments are to be made on the recommendation of specified bodies
having particular interest in rural fire prevention, mitigation and suppression.
Clause 124 specifies the general functions of the Advisory Council.
Part 7
Miscellaneous
Clause 125 provides for the proposed Act to bind the Crown.
Clause 126 requires local authorities and other persons and bodies to furnish
information relevant to the functions of the Commissioner or the Bush Fire
Co-ordinating Committee when required to do so by the Commissioner.
Clause 127 preserves the rights of persons to take action for loss or damage
or trespass unless otherwise expressly provided by the proposed Act.
Clause 128 protects various persons exercising functions under the proposed
Act from personal liability.
Explanatory note page 15
Clause 129 enables the Commissioner to be represented by a person
appointed by the Commissioner at any inquest or inquiry relating to the cause
or origin of any fire.
Clause 130 provides for the notices or directions under the proposed Act to
be given in accordance with the regulations.
Clause 131 authorises the issue of penalty notices for offences against the
proposed Act or the regulations.
Clause 132 requires a person whom a police officer suspects is committing
an offence against the proposed Act or regulations relating to the lighting,
maintenance or use of a fire to comply with any direction given by the police
officer to state his or her name and address, produce any document
authorising the lighting, maintenance or use of the fire or to extinguish the
fire.
Clause 133 enables an authorised officer of a fire fighting authority to enter
land within the prescribed distance from the land for which the fire fighting
authority is responsible and to take action necessary to suppress, or prevent
the spread, of the fire.
Clause 134 provides that offences against the proposed Act or the regulations
are to be taken before a Local Court constituted by a Magistrate sitting alone.
Clause 135 empowers the making of regulations for the purposes of the
proposed Act.
Clause 136 repeals the Bush Fires Act 1949.
Clause 137 gives effect to Schedule 3 (which contains savings, transitional
and other provisions).
Clause 138 gives effect to Schedule 4 (which contains amendments to other
laws).
Clause 139 provides for the review of the operation of the proposed Act by
the Minister 5 years after the date of assent to the Act.
Schedule 1
Constitution and procedure of Advisory
Council and Bush Fire Co-ordinating
Committee
Schedule l contains provisions relating to the members and procedure of the
Advisory Council and Bush Fire Co-ordinating Committee, including terms
of office, vacation of office and remuneration.
Explanatory note page 16
Schedule 2
Contributions of insurance companies
Schedule 2 sets out the policies of insurance and amounts necessary for
calculating the amount of advance payment to be made by insurance
companies under proposed Part 5.
Schedule 3
Savings and transitional provisions
Schedule 3 contains savings and transitional provisions providing for various
matters, including the following matters:
*
the making of savings and transitional regulations
*
the dissolution of various bodies under the Bush Fires Act 1949
*
the continuation of bush fire districts as rural fire districts
*
references to various bodies
*
the transfer of assets of Fire Prevention Associations
*
requiring fire control officers and deputy fire control officers who are
councillors to cease to hold office in a specified period after the
commencement of proposed section 36.
Schedule 4
Amendment of other laws
Schedule 4 amends various Acts, regulations and environmental planning
instruments as a consequence of the enactment of the proposed Act. It also
includes an amendment (Schedule 4.6) to the Dangerous Goods Regulation
1978. The provision will prescribe non-safety matches as dangerous goods
for the purposes of the Dangerous Goods Act 1975 and thereby make it an
offence to sell non-safety matches in a public place under section 13 of that
Act or to use or otherwise deal with non-safety matches in a way likely to
endanger life or property under section 14 of that Act. The provision will
replace section 12
(c) of the Bush Fires Act 1949.
Dictionary
The Dictionary defines various words and expressions for the purposes of
the proposed Act.
Explanatory note page 17