Fire Service Act 1979 (Tas)

Fire Service Act 1979 An Act to amalgamate fire services in the State, to consolidate and amend the law relating to preventing and extinguishing fires and the protection of life and property from fire, to make provision with respect to incidental matters, and to amend and repeal certain enactments [Royal Assent 19 July 1979] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART I - Preliminary 1. Short title This Act may be cited as the Fire Service Act 1979 . 2. Commencement (1) This section and section 1 shall commence on the date of assent to this Act. (2) Except as provided in subsections (1) , (3) , and (4) , this Act shall commence on a date to be fixed by proclamation. (3) Sections 79 , 80 , and 81 shall commence on a date to be fixed by proclamation, being a day that is the same as, or that is subsequent to, the date fixed under subsection (2) . (4) Division 3 of Part VI ( sections 79 , 80 , and 81 excepted), Division 4 of that Part, and section 104 shall commence on 1st July 1980. 3. Interpretation (1) In this Act, unless the contrary intention appears – approved form means a form approved or provided by the Commission; brigade means a fire brigade established and maintained under this Act; brigade chief means a person appointed as brigade chief under section 26 ; Chief Officer means the person appointed as Chief Officer under section 10 ; civil emergency includes – (a) the escape or potential escape of a non-flammable gas, chemical or other potentially hazardous substance; and (b) the flooding of a building or public place; and (c) the stranding or entrapment of a person or an animal; and (d) such other dangerous or potentially dangerous circumstances as may be prescribed; Commission means the State Fire Commission established under section 7 ; Committee means a Fire Management Area Committee established under section 18 in respect of a Fire Management Area; composite brigade means a brigade consisting of permanent and volunteer members; Council means the State Fire Management Council established under section 14 ; employee means a person who is appointed pursuant to section 24 ; equipment includes appliances, engines, vehicles, reels, buckets, hoses, ladders, escapes, tanks, tools, radio equipment, and other implements and things used for or in connection with the extinguishing or control of fire or the protection of life or property in the event of a fire occurring; fire-fighter means a member of a brigade who is not of officer rank; fire-fighting operation includes any act that is necessary or expedient for the purpose of – (a) extinguishing a fire; or (b) preventing the outbreak or spread of a fire; or (c) protecting people or property from fire; or (d) preventing or dealing with the spillage of petrol or other flammable liquids; or (e) preventing or dealing with the escape of flammable gases; or (f) rendering assistance in a civil emergency; or (g) providing logistical support to persons who are performing an act of the kind referred to in paragraph (a) , (b) , (c) , (d) , (e) or (f) ; or (h) carrying out fire safety or fire prevention activities; or (i) carrying out training activities; fire management means a strategic defined program to manage bushfire fuels; Fire Management Area means a Fire Management Area declared under section 17 ; fire officer means a member of the Fire Service, other than a group officer or brigade chief, who holds officer rank; fire permit officer means a person appointed and holding office as a fire permit officer under section 65 ; fire permit period means a period declared to be a fire permit period under section 61 ; fire protected area means an area declared to be a fire protected area under section 53 ; Fire Service means the Tasmania Fire Service established under this Act; forest officer means an employee of the Forestry corporation continued by section 6 of the Forest Management Act 2013 ; Forestry corporation means the Forestry corporation continued by section 6 of the Forest Management Act 2013 ; functions includes duties and responsibilities; goods and services tax means the GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth; group officer means a person appointed as group officer of a group of brigades under section 33 ; group of brigades means a group of brigades formed under section 33 ; industry brigade means a fire brigade, other than a brigade established and maintained under this Act, formed for the purpose of fighting fires; local council means a council within the meaning of the Local Government Act 1993 ; member, in relation to a brigade, means a person holding any position in the brigade, whether as group officer, brigade chief, fire officer or fire-fighter and whether as a permanent or volunteer member or in a full-time or part-time capacity; member of the Fire Service means – (a) an employee who is a member of a brigade; or (b) an employee who is not a member of a brigade; or (c) a volunteer member; municipal area means a municipal area within the meaning of the Local Government Act 1993 ; occupier includes a person having the care, control, or management of any land or premises; officer or officer of the Fire Service means a group officer, brigade chief or fire officer; operational district means a district determined under section 27 ; owner, in relation to any land or premises, means the person for the time being in the actual receipt of, or entitled to receive, or who, if the land or premises were let to a tenant, would be entitled to receive, the rents and profits of the land or premises, whether as beneficial owner, trustee, executor, mortgagee in possession, or otherwise, and includes any person constituted by any Act, or appointed by the Governor under the authority of any Act, to administer or control any business or undertaking on behalf of the State, but does not include a mesne tenant; permanent brigade means a brigade consisting mainly of permanent members; permanent member means a member of a brigade who is an employee appointed pursuant to section 24 ; potential fire means a situation which could produce an outbreak of fire or which indicates that an outbreak of fire is possible; powers includes authorities; premises includes structures; property means land or personal property, and includes trees, crops, or vegetation growing or standing on any land; regulations means regulations made under this Act (other than regulations made under section 133 ); ship includes any description of vessel used, or capable of being used, in navigation, however propelled, and whether in the course of construction or completed; State forest means a State forest within the meaning of the Forestry Act 1920 ; structure includes any building, erection, or other associated work; vegetation includes trees, bushes, plants, and undergrowth of any kind (whether alive or dead) and any parts of any trees, bushes, plants, or undergrowth (whether severed from the trees, bushes, plants, or undergrowth or not), but does not include trees of such species or sizes as may be prescribed; volunteer means a person who is not a permanent member; volunteer brigade means a brigade consisting of volunteer members; volunteer member means a member of a brigade who is a volunteer; Wellington Park has the same meaning as in the Wellington Park Act 1993 ; Wellington Park Management Trust means the Wellington Park Management Trust established under section 9 of the Wellington Park Act 1993 . (2) In relation to any land owned or occupied by the Crown, owner or occupier means such officer as may be prescribed. (3) A reference in this Act to a fire not being subject to or being excluded from the ban is, in relation to a day of total fire ban, a reference to a fire specified in the declaration declaring that day to be a day of total fire ban as not being subject to the ban. 4. Application of Act Except as otherwise expressly provided in this Act, the provisions of this Act relating to restrictions on the lighting of fires do not apply to or in relation to – (a) the lighting of a fire in a properly constructed fireplace in an enclosed building; (b) the igniting of any prescribed class of domestic appliance in an enclosed building; or (c) any other prescribed class of fire or any fire lit for a prescribed purpose. 5. Act binds the Crown This Act binds the Crown. PART II - Administration Division 1 - Central administration 6. Tasmania Fire Service There is established by this Act a fire service to be called the "Tasmania Fire Service" which shall be under the control of the Commission. 7. State Fire Commission (1) There is established by this Act a corporation with the corporate name of "State Fire Commission". (2) The Commission – (a) has perpetual succession; (b) shall have an official seal; (c) may take proceedings, and be proceeded against, in its corporate name; (d) may, subject to this Act, acquire, hold, and dispose of real and personal property; (e) may do and suffer all other things that corporations may, by law, do and suffer and that are necessary for or incidental to the purposes for which it is constituted; and (f) has the functions imposed, and the powers conferred, on it by or under this or any other Act. (3) The Commission consists of – (a) the Chief Officer; and (ab) a chairperson appointed in accordance with section 7A ; and (b) a person nominated by the United Firefighters Union (Tasmanian Branch); and (c) a person nominated by the Tasmanian Retained Firefighters Association; and (d) a person nominated by the Tasmanian Volunteer Fire Brigades Association; and (e) a person nominated by the Secretary of the responsible Department in relation to the Financial Management Act 2016 ; and (f) 2 persons nominated by the Local Government Association of Tasmania. (4) Subsection (3) (e) does not preclude the Secretary of the responsible Department in relation to the Financial Management Act 2016 from nominating himself or herself as a member of the Commission. (5) . . . . . . . . (6) The members of the Commission referred to in paragraphs (b) , (c) , (d) , (e) and (f) of subsection (3) are appointed by the Governor. (6A) The Minister may require a body referred to in paragraph (b) , (c) , (d) or (f) of subsection (3) to submit a list of names within a specified period, being a period of not less than 30 days. (6B) If a body referred to in paragraph (b) , (c) , (d) or (f) of subsection (3) fails to comply with subsection (6A) , the Minister may nominate a person for the purposes of that paragraph. (6C) If a body referred to in paragraph (b) , (c) , (d) or (f) of subsection (3) changes its name, the Governor may, by order, amend that paragraph by substituting the body's new name. (6D) If a body referred to in paragraph (b) , (c) , (d) or (f) of subsection (3) ceases to exist, the Governor, on the recommendation of the Commission, may, by order, amend that paragraph by substituting the name of a body which the Governor is satisfied substantially represents the interests represented by the first-mentioned body. (7) Schedule 1 has effect with respect to the membership and meetings of the Commission. 7A. Chairperson of Commission (1) The Governor, on the recommendation of the Minister, is to appoint a person as chairperson of the Commission. (2) The chairperson is to be a person who the Minister considers will carry out the duties of chairperson in an independent and fair manner. (3) The chairperson holds office for the term, and on the conditions, specified in his or her instrument of appointment. 8. Functions and powers of Commission (1) Subject to any directions given to it by the Minister pursuant to section 11 , the functions of the Commission are – (a) to formulate the policy in respect of the administration and operation of the Fire Service; (b) to co-ordinate and direct the development of all fire services throughout the State; (c) to develop effective fire prevention and protection measures throughout the State; (d) to develop and promulgate a State fire protection plan; (e) to standardize, as far as is practicable, fire brigade equipment throughout the State; (f) to establish and maintain training facilities for brigades; (g) to conduct such investigations into fires as it considers necessary, and to prepare reports and recommendations to the Minister arising from those investigations; (h) to conduct such investigations into the use of fire as it considers necessary, to instruct the public in the wise use of fire, and to disseminate information regarding fire protection measures and other related matters; (i) to advise the Minister on such matters relating to the administration of this Act as may be referred to it by the Minister, and on matters that, in the opinion of the Commission, should be brought to the attention of the Minister; and (j) to exercise such other functions vested in or imposed on it by this Act or such other functions relating to the preventing or extinguishing of fires as may be imposed on it by the Minister from time to time. (1A) . . . . . . . . (2) . . . . . . . . (3) . . . . . . . . (4) . . . . . . . . (5) Any land proposed to be acquired by the Commission under the authority of section 7 (2) may, with the consent of the Governor, be taken in accordance with the provisions of the Land Acquisition Act 1993 and the purpose for which the land is so taken shall be deemed to be an authorized purpose within the meaning of that Act. (6) The Commission is to perform its functions in respect of Wellington Park in a manner that is consistent with the purposes for which Wellington Park is set aside under the Wellington Park Act 1993 and with any management plan in force in respect of Wellington Park. (7) The Commission is to perform its functions in respect of any reserved land, as defined in the Nature Conservation Act 2002 , in a manner that is consistent with the purposes for which the reserved land is set aside under the National Parks and Reserves Management Act 2002 and with any management plan in force in respect of the reserved land. 8A. Commission may charge for services (1) The Commission may fix scales of charges for any services provided by the Commission or a brigade under or for the purposes of this Act. (2) Subsection (1) does not apply in relation to services provided by a brigade at a fire. (3) Where it appears to the Commission that the collection of a charge that has been imposed under this section would cause undue hardship on, or would be unjust or unfair to, the person on whom it is imposed, the Commission may waive the whole or any part of the charge. (4) A charge imposed under this section is payable to the Commission. 9. Delegation by Commission The Commission, by resolution, may delegate to the Chief Officer any of its functions or powers other than this power of delegation. 10. Chief Officer (1) The Governor may appoint a State Service officer or State Service employee to be Chief Officer, and that person shall hold that office in conjunction with State Service employment. (1A) The person appointed as Chief Officer is to be a person who appears to the Governor to have expertise and experience in fire service administration and in the management of fire-fighting operations. (2) The Chief Officer is the chief executive officer of the Fire Service and as such is responsible for – (a) the control and management of the fire-fighting resources of the Fire Service; and (b) the training of officers and fire-fighters; and (c) the inspection of brigades, equipment and facilities. (3) The Chief Officer must perform such other functions as are imposed on the Chief Officer by this or any other Act or as may from time to time be imposed on the Chief Officer by the Commission. (4) The Chief Officer may do all things necessary or convenient to be done for or in connection with, or incidental to, the performance of the Chief Officer's functions. 10A. . . . . . . . . 11. Directions from Minister (1) The Minister may give written directions to the Commission regarding the performance and exercise of its functions and powers under this Act and the Commission must comply with any such directions. (2) The fact that the Minister has power to give directions to the Commission under this section or gives such directions does not have the effect of – (a) making the Commission the servant or agent of the Crown for the purposes of this or any other Act; or (b) conferring on the Commission any status, privilege, or immunity of the Crown. 12. . . . . . . . . 13. . . . . . . . . 14. State Fire Management Council (1) A State Fire Management Council is established. (2) The Council consists of – (a) a person nominated by the Minister; and (b) the Chief Officer; and (c) the person for the time being holding, in the Fire Service, an office or position determined by the Chief Officer; and (d) the chief executive officer of the Forestry corporation; and (e) a person nominated by the chief executive officer of the Forestry corporation; and (f) the Director of National Parks and Wildlife; and (g) a person nominated by the Director of National Parks and Wildlife; and (h) a person nominated by the Tasmanian Farmers' and Graziers' Association; and (i) a person nominated by the Tasmanian Forest Products Association; and (j) a person nominated by the Local Government Association of Tasmania. (3) The member of the Council referred to in subsection (2) (a) is chairperson of the Council. (4) The members of the Council referred to in paragraphs (a) , (e) , (g) , (h) , (i) and (j) of subsection (2) are appointed by the Governor. (5) The Minister may require a body referred to in paragraph (h) , (i) or (j) of subsection (2) to submit a list of names within a specified period, being a period of not less than 30 days. (6) If a body referred to in paragraph (h) , (i) or (j) of subsection (2) fails to comply with subsection (5) , the Minister may nominate a person for the purposes of that paragraph. (7) If a body referred to in paragraph (h) , (i) or (j) of subsection (2) changes its name, the Governor may, by order, amend that paragraph by substituting the body's new name. (8) If a body referred to in paragraph (h) , (i) or (j) of subsection (2) ceases to exist, the Governor may, by order, amend that paragraph by substituting the name of a body which the Governor is satisfied substantially represents the interests represented by the first-mentioned body. (9) Schedule 5 has effect with respect to the membership and meetings of the Council. 15. Functions of Council (1) The Council has the following functions: (a) to develop a State vegetation fire management policy to be used as the basis for all fire management planning; (b) to advise and report regularly to the Minister on such matters relating to the administration of this Act, as it applies to vegetation fire management, as are referred to it by the Minister and on such matters concerning vegetation fire management as, in the opinion of the Council, should be brought to the attention of the Minister; (c) to advise the Commission on such matters relating to the prevention and mitigation of vegetation fires as are referred to it by the Commission or land managers and on such other matters as, in the opinion of the Council, should be brought to the attention of the Commission; (d) to perform such other functions relating to the prevention or mitigation of vegetation fires as the Minister may direct; (e) to provide an annual report to the Minister on its activities, for inclusion in the annual report of the Commission prepared under section 107G ; (f) to provide an annual report to the Commission on the activities of the Fire Management Area Committees, for inclusion in the annual report of the Commission prepared under section 107G . (2) The Council is to consider each fire protection plan submitted to it under section 20(1)(c) and may – (a) approve the plan as submitted; or (b) approve the plan subject to such modifications as it thinks fit; or (c) reject the plan and instruct the Committee to recast the plan. (3) The Council is to perform its functions in respect of Wellington Park in a manner that is consistent with the purposes for which Wellington Park is set aside under the Wellington Park Act 1993 and with any management plan in force in respect of Wellington Park. (4) The Council is to perform its functions in respect of any reserved land, as defined in the Nature Conservation Act 2002 , in a manner that is consistent with the purposes for which the reserved land is set aside under the National Parks and Reserves Management Act 2002 and with any management plan in force in respect of the reserved land. Division 2 - Regional and local administration 16. . . . . . . . . 17. Fire Management Areas (1) The Council, by notice published in the Gazette, may declare any area of the State to be a Fire Management Area. (2) The Council, by the notice, may – (a) assign a name to the Fire Management Area; and (b) publish a map of the Fire Management Area. (3) The boundaries of Fire Management Areas need not coincide with the boundaries of municipal areas. (4) A notice under subsection (1) is not a statutory rule within the meaning of the Rules Publication Act 1953 . 18. Fire Management Area Committees (1) The Council must establish a committee, called a Fire Management Area Committee, in respect of each Fire Management Area to be responsible for providing effective fire management in that area. (2) A Committee is to consist of – (a) the Chief Officer or an officer of the Fire Service nominated by the Chief Officer; and (b) a representative of each local council whose municipal area lies wholly or partly within the Fire Management Area or a person jointly nominated by those local councils; and (c) if the Fire Management Area contains or is adjacent to State forest – a person nominated by the chief executive officer of the Forestry corporation; and (d) if the Fire Management Area contains or is adjacent to any reserved land within the meaning of the Nature Conservation Act 2002 – a person nominated by the Secretary of the responsible Department in relation to the National Parks and Reserves Management Act 2002 ; and (e) if the Fire Management Area includes any part of Wellington Park – a person nominated by the Wellington Park Management Trust; and (f) a person jointly nominated by the brigade chiefs of the brigades wholly or partly within the Fire Management Area. (3) The Council may appoint additional members to a Committee on the recommendation of that Committee. (4) A member elected by the members and approved by the Council is chairperson. (5) A Committee is to meet at least twice a year. (6) A meeting of a Committee may be convened by the chairperson or by any 2 members. (7) The Council may direct a Committee to meet at a particular place and the Committee must comply with that direction. (8) A Committee must keep accurate minutes of its meetings. (9) Except as provided in this section, a Committee may regulate its own procedure. 19. . . . . . . . . 20. Functions and powers of Fire Management Area Committees (1) A Committee has the following functions: (a) to co-ordinate fire management activities within its Fire Management Area, including – (i) community education and information; and (ii) fuel management; (b) to identify and assess community bushfire risks in its Fire Management Area and to prioritise strategic works in response to those risks; (c) to submit to the Council, on or before 30 September of each year, a fire protection plan for its Fire Management Area for the next 12 months commencing on 1 October; (d) to ensure that its fire protection plan is consistent with – (i) the State fire protection plan developed pursuant to section 8(1)(d) ; and (ii) the State vegetation fire management policy developed pursuant to section 15(1)(a) ; and (iii) such instructions or guidelines as the Council may from time to time issue to the Committee regarding the fire protection plan; (e) to advise the Council on such matters relating to fire management and the Committee's other functions as the Council may refer to the Committee; (f) to advise the Council on such matters concerning fire management as, in the opinion of the Committee, should be brought to the Council's attention; (g) to perform such other functions relating to the prevention or mitigation of vegetation fires as the Council may direct. (2) A Committee has power to do all things necessary or convenient to be done in connection with the performance of its functions. (3) A Committee is to perform its functions in respect of Wellington Park in a manner that is consistent with the purposes for which Wellington Park is set aside under the Wellington Park Act 1993 and with any management plan in force in respect of Wellington Park. (4) A Committee is to perform its functions in respect of any reserved land, as defined in the Nature Conservation Act 2002 , in a manner that is consistent with the purposes for which the reserved land is set aside under the National Parks and Reserves Management Act 2002 and with any management plan in force in respect of the reserved land. (5) In this section – fire protection plan means a plan that describes the prevention, preparation, response and recovery arrangements for one or more hazards. 21. Directions in relation to Fire Management Areas (1) The Commission may give directions in writing to the Council in respect of the performance of the Council's functions in relation to the management of Fire Management Areas. (2) The Council is to comply with directions given by the Commission under subsection (1) . (3) The Council may give directions in writing to a Committee in respect of the performance of the Committee's functions in relation to the management of Fire Management Areas. (4) The Committee is to comply with directions given by the Council under subsection (3) . Division 3 - Staff 22. . . . . . . . . 23. . . . . . . . . 24. Appointments, &c. (1) Subject to and in accordance with the State Service Act 2000 , persons may be appointed or employed for the purposes of this Act. (2) . . . . . . . . (3) . . . . . . . . (4) . . . . . . . . (5) . . . . . . . . (6) A person appointed pursuant to this section who immediately before his appointment was a contributor to a prescribed superannuation scheme may, within one month after his appointment, elect to continue to contribute to that scheme. (7) . . . . . . . . (7A) . . . . . . . . (7B) . . . . . . . . (7C) . . . . . . . . (8) For the purposes of this Act, the Commission may make arrangements with the Head of a State Service Agency for such State Service officers and State Service employees employed in that Agency as may be considered necessary to be made available to the Commission to enable it to perform its functions under this Act and such officers and employees may, in conjunction with State Service employment, serve the Commission in any capacity. (9) . . . . . . . . (10) . . . . . . . . (11) . . . . . . . . 24A. . . . . . . . . PART III - Brigades Division 1 - Establishment and composition of brigades, &c. 25. . . . . . . . . 26. Brigades (1) The Commission may establish brigades. (2) A brigade may be established as a – (a) permanent brigade; or (b) composite brigade; or (c) volunteer brigade. (3) If a permanent brigade is established – (a) the Commission must appoint an employee as brigade chief of the brigade and appoint such employees as fire officers and fire-fighters of the brigade as the Commission considers necessary or expedient; and (b) the Commission may appoint such volunteers as fire officers and fire-fighters of the brigade as the Commission considers necessary or expedient. (4) If a composite brigade is established, the Commission must – (a) appoint an employee as brigade chief of the brigade; and (b) appoint such employees and volunteers as fire officers and fire-fighters of the brigade as the Commission considers necessary or expedient. (5) If a volunteer brigade is established, the Commission must – (a) appoint a volunteer as brigade chief of the brigade; and (b) appoint such volunteers as fire officers and fire-fighters of the brigade as the Commission considers necessary or expedient. (6) The Commission must not appoint a volunteer as an officer of a brigade unless that volunteer has been so nominated or elected by the other volunteers who are members of that brigade. (7) A brigade and its members must carry out such functions as the Chief Officer from time to time directs. (8) The Commission at any time may disband a brigade or amalgamate brigades. 27. Operational districts of brigades (1) When the Commission establishes a brigade it may determine which part of the State is to be the operational district within which that brigade is to operate. (2) Before the Commission exercises its power under subsection (1) , it must consult with each Committee having responsibilities in respect of the proposed operational district. (3) The Commission may publish notice and particulars of a determination under subsection (1) in the Gazette. 28. . . . . . . . . 29. Powers and functions of brigade chiefs (1) The brigade chief of a brigade shall, subject to the directions of the Chief Officer, control, direct, and regulate the working of the brigade. (2) Subject to section 39 , the brigade chief of a brigade shall, on receipt of a call to a fire or potential fire, immediately after the first