Victorian Numbered Acts

EMERGENCY MANAGEMENT LEGISLATION AMENDMENT ACT 2011 (NO. 56 OF 2011) - SECT 14

After section 16B of the Emergency Management Act 1986 insert —

        " 16BA     Control of response to fire other than a major fire

    (1)     In this section "fire" means a fire other than a major fire.

    (2)     This section applies if there is a fire which is burning, or a fire may occur or which has occurred, in any area of the State.
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    (3)     The chief officers of the fire services agencies may, by agreement, appoint the chief officer or another officer of one of the agencies to have the overall control of response activities in relation to the fire.

    (4)     In the absence of an agreement under subsection (3), the State Emergency Response Coordinator may direct a chief officer to appoint a chief officer or another officer of one of the agencies to have the overall control of response activities in relation to the fire.

    (5)     A chief officer or other officer appointed under subsection (3) or (4) may—

        (a)     appoint one or more assistant controllers for the fire; or

        (b)     transfer control of any response activity to one or more other persons.

    (6)     An appointment of an officer under subsection (4) or (5)(a) has effect for the period specified in the instrument of appointment.

    (7)     Any officer appointed under subsection (4) or (5)(a) may exercise the powers and authorities conferred by the Country Fire Authority Act 1958 on the Chief Officer of the Country Fire Authority in relation to the control of response activities in relation to the fire in relation to which he or she has overall control.

    (8)     The provisions of this section prevail over sections 33(2) and 93B(1) of the Country Fire Authority Act 1958 and section 55E of the Metropolitan Fire Brigades Act 1958 .".