New South Wales Consolidated Acts

RURAL FIRES ACT 1997 - SECT 119

119 Maintenance and disposal of fire fighting equipment purchased from Fund

(1) In this section--

"fire fighting equipment" means fire fighting apparatus, buildings, water storage towers or lookout towers.

(2) All fire fighting equipment purchased or constructed wholly or partly from money to the credit of the Fund is to be vested in the council of the area for or on behalf of which the fire fighting equipment has been purchased or constructed.

(3) A council must not sell or otherwise dispose of any fire fighting equipment purchased or constructed wholly or partly from money to the credit of the Fund without the written consent of the Commissioner.

(4) There is to be paid to the credit of the Fund--

(a) if the whole of the cost of the purchase or construction of any fire fighting equipment was met by money to the credit of the Fund--

(i) an amount equal to the proceeds of sale of any such equipment, and

(ii) any amount recovered (whether under a policy of insurance, from the Bush Fire Fighters Compensation Fund under the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 , or otherwise) in respect of the damage to, or destruction or loss of, any such equipment, and

(b) if a part only of the cost of the purchase or construction of any such equipment was met by money to the credit of the Fund--an amount which bears to the amount that would be required by this subsection to be paid if the whole of that cost had been met by money to the credit of the Fund the same proportion as that part of the cost bears to the whole of that cost.

(5) A council must take care of and maintain in the condition required by the Service Standards any fire fighting equipment vested in it under this section.

(6) The Commissioner may, with the concurrence of the council in which fire fighting equipment is vested under this section, use any of the equipment not reasonably required by the council to deal with incidents in the area of the council to deal with incidents outside the area.