Queensland: Fire Services Act 1990 (Qld)

Fire Services Act 1990 An Act to establish Queensland Fire and Rescue and Rural Fire Service Queensland, to establish a fund for particular purposes, to provide for the prevention of and response to fires and emergency Chapter 1 Preliminary 1 Short title This Act may be cited as the Fire Services Act 1990. 2 Objects of Act The objects of this Act are— (a) to provide for the prevention of, and responses to, fires and other emergency incidents; and (b) to provide for rescue services and operations; and (c) to establish a framework for the operation, management and administration of Queensland Fire and Rescue and Rural Fire Service Queensland. 2A How objects are to be achieved The objects of the Act are to be achieved by establishing processes to ensure— (a) ongoing operational and strategic collaboration and coordination between Queensland Fire and Rescue and Rural Fire Service Queensland; and (b) recognition of the valuable role of volunteers in supporting the delivery of fire and emergency services in the State. 3 Definitions The dictionary in schedule 2 defines particular words used in this Act. 4 Act binds all persons (1) This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States. (2) Nothing in this Act makes the Commonwealth or a State liable to be prosecuted for an offence. Chapter 2 Appointments Part 1 Commissioner 5 Appointment of commissioner (1) The Governor in Council, acting on the recommendation of the Minister, shall appoint a commissioner. (2) A person is eligible for appointment as commissioner only if the person has— (a) professional firefighting experience; and (b) incident control expertise; and (c) fire prevention expertise. (3) The commissioner is to be appointed under this Act, and not under the Public Sector Act 2022. 6 Salary and conditions The Governor in Council shall from time to time approve the salary, allowances, and conditions of employment of a person holding office as commissioner. 7 Acting commissioner (1) The Minister may appoint a person, who is eligible for appointment as commissioner, to act in the office of commissioner during— (a) any vacancy, or all vacancies, in the office; or (b) any period, or all periods, when the commissioner is absent from duty, or can not, for another reason, perform the functions of the office. (2) The Minister's power to appoint a person to act in the office of commissioner does not limit the Governor in Council's powers under the Acts Interpretation Act 1954, section 25(1)(b)(iv) and (v). 7A Functions of commissioner (1) The main functions of the commissioner are— (a) to manage the fire services in a way that ensures each fire service performs its functions under this Act effectively and efficiently; and (b) to make recommendations to the Minister about any matter that— (i) relates to the performance of functions or exercise of powers by the commissioner or the fire services; or (ii) may help the Minister in the proper administration of this Act. (2) Without limiting subsection (1), the commissioner also has the following functions— (a) to decide the appropriate organisational structure of the fire services; (b) to control and oversee the resources of the fire services; (c) to decide the number and deployment of fire service officers and rural fire brigade members; (d) to decide the qualifications for, and duties of, fire service officers; (e) to be responsible for organising training and development of fire service officers and rural fire brigade members; (f) to facilitate collaboration and coordination of the fire services for effective service delivery; (g) to decide the dress or appearance of fire service officers and rural fire brigade members; (h) to decide the number and location of the fire services' facilities; (i) to monitor the performance and management of the fire services; (j) to report regularly to the Minister on the capability of the fire services to perform the functions of the fire services under this Act; (k) to report to the Minister on the functions performed by the chief fire officer in each reporting period under section 7J. (3) The commissioner's functions also include any other function given to the commissioner under this Act or another Act. 7AA Commissioner's directions (1) The commissioner may give a direction if the commissioner considers it necessary or convenient to give the direction to ensure the efficient and proper functioning of the fire services. (2) A direction under subsection (1)— (a) may be written or oral; and (b) may apply to all or any of the following persons— (i) the chief fire officer; (ii) fire service officers; (iii) rural fire brigade members. 7B Codes of practice (1) The commissioner may from time to time issue codes of practice relating to— (a) the functions, powers, conduct and appearance of fire service officers; or (b) any functions imposed or powers conferred by or under this Act on any other person other than the Minister. (2) The commissioner may at any time amend or revoke a code of practice. (3) A provision of a code of practice is of no effect if inconsistent with a provision of this Act. (4) Provisions of a code of practice may differ according to differences in time, place or circumstance or according to the fire service officers or classes of fire service officers to whom they are expressed to apply. (5) Evidence of any provision of a code of practice may be given by the production of a document purporting to be certified by the commissioner as being a true copy of the provision. Part 2 Chief fire officer Division 1 Appointment of chief fire officer 7C Appointment (1) The commissioner is to appoint a chief fire officer. (2) A person is eligible for appointment as chief fire officer only if the person has— (a) professional firefighting experience; and (b) incident control expertise; and (c) fire prevention expertise. (3) The commissioner must have regard to the matters mentioned in section 25B when appointing a person as the chief fire officer. (4) The chief fire officer is to be employed under this Act and not the Public Sector Act 2022. 7D Conditions of appointment The chief fire officer holds office for the term and on the conditions stated in the person's contract of employment. 7E Resignation The chief fire officer may, at any time, resign office as chief fire officer by signed notice given to the commissioner. 7F Acting chief fire officer The commissioner may appoint a person, who is eligible for appointment as chief fire officer, to act in the office of chief fire officer during— (a) any vacancy, or all vacancies, in the office; or (b) any period, or all periods, when the chief fire officer is absent from duty, or can not, for another reason, perform the functions of the office. 7G Functions (1) The functions of the chief fire officer are— (a) to provide advice to the commissioner about the fire services, including matters relating to service delivery, operational culture, best practice and innovation and research; and (b) to perform other functions given to the chief fire officer under this or another Act. (2) The chief fire officer is subject to the direction of the commissioner in performing the chief fire officer's functions under this Act. 7H Preservation of rights (1) This section applies if a public service officer is appointed as the chief fire officer. (2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as the chief fire officer were a continuation of service as a public service officer. (3) At the end of the person's term of office or resignation as the chief fire officer, the person's service as the chief fire officer is taken to be service of a like nature in the public service for deciding the person's rights as a public service officer. Division 2 General matters 7I Providing assistance to chief fire officer (1) The fire services must give the chief fire officer all reasonable assistance the chief fire officer requires to perform the chief fire officer's functions. (2) Without limiting subsection (1), if the chief fire officer asks for information held by a fire service that relates to the chief fire officer's functions, the fire service must give the information. 7J Reporting requirements (1) Within 30 days after the end of each reporting period, the chief fire officer must prepare a report on the functions performed by the chief fire officer during the reporting period and give the report to the commissioner. (2) In this section— reporting period means— (a) the period prescribed by regulation for this definition; or (b) if no period is prescribed—each quarter in a financial year. Part 3 Deputy commissioner 7K Appointment (1) The commissioner is to appoint a deputy commissioner. (2) A person is eligible for appointment as deputy commissioner if the person has— (a) professional firefighting experience; and (b) incident control expertise; and (c) fire prevention expertise. (3) The commissioner must have regard to the matters mentioned in section 25B when appointing a person as the deputy commissioner. (4) The deputy commissioner is to be employed under this Act and not the Public Sector Act 2022. 7L Conditions of appointment The deputy commissioner holds office for the term and on the conditions stated in the person's contract of employment. 7M Resignation The deputy commissioner may, at any time, resign office as deputy commissioner by signed notice given to the commissioner. 7N Acting deputy commissioner The commissioner may appoint a person, who is eligible for appointment as deputy commissioner, to act in the office of deputy commissioner during— (a) any vacancy, or all vacancies, in the office; or (b) any period, or all periods, when the deputy commissioner is absent from duty, or can not, for another reason, perform the functions of the office. 7O Functions (1) The functions of the deputy commissioner are— (a) to support the commissioner in the performance of the commissioner's functions; and (b) to manage the service delivery of QFR to ensure the effectiveness and efficiency of QFR; and (c) to ensure the development of the capability of QFR, including the systems, frameworks and resources required to support the delivery of services; and (d) to ensure minimum standards and training for fire service officers assigned to QFR are in place to the satisfaction of the commissioner; and (e) to perform any other function given to the deputy commissioner by the commissioner. (2) The deputy commissioner is subject to the direction of the commissioner in performing the deputy commissioner's functions under this Act. 7P Preservation of rights (1) This section applies if a public service officer is appointed as the deputy commissioner. (2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as the deputy commissioner were a continuation of service as a public service officer. (3) At the end of the person's term of office or resignation as the deputy commissioner, the person's service as the deputy commissioner is taken to be service of a like nature in the public service for deciding the person's rights as a public service officer. Part 4 Chief officer 7Q Appointment (1) The commissioner is to appoint a chief officer. (2) A person is eligible for appointment as chief officer only if the person has— (a) rural firefighting experience; or (b) rural incident control expertise; or (c) rural fire prevention expertise. (3) The commissioner must have regard to the matters mentioned in section 25B when appointing a person as the chief officer. (4) The chief officer is to be employed under this Act and not the Public Sector Act 2022. 7R Conditions of appointment The chief officer holds office for the term and on the conditions stated in the person's contract of employment. 7S Resignation The chief officer may, at any time, resign office as chief officer by signed notice given to the commissioner. 7T Acting chief officer The commissioner may appoint a person, who is eligible for appointment as chief officer, to act in the office of chief officer during— (a) any vacancy, or all vacancies, in the office; or (b) any period, or all periods, when the chief officer is absent from duty, or can not, for another reason, perform the functions of the office. 7U Functions (1) The functions of the chief officer are— (a) to support the commissioner in the performance of the commissioner's functions; and (b) to manage the service delivery of RFSQ, including fire service officers assigned to RFSQ, to ensure the effectiveness and efficiency of RFSQ; and (c) to ensure the development of the capability of RFSQ, including the systems, frameworks and resources required to support the delivery of services; and (d) to ensure minimum standards and training for fire service officers assigned to RFSQ, and for rural fire brigade members, are in place to the satisfaction of the commissioner; and (e) to perform any other function given to the chief officer by the commissioner. (2) The chief officer is subject to the direction of the commissioner in performing the chief officer's functions under this Act. 7V Preservation of rights (1) This section applies if a public service officer is appointed as the chief officer. (2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as the chief officer were a continuation of service as a public service officer. (3) At the end of the person's term of office or resignation as the chief officer, the person's service as the chief officer is taken to be service of a like nature in the public service for deciding the person's rights as a public service officer. Chapter 3 Fire services Part 1 Establishment, membership, functions and powers 8 Establishment (1) Queensland Fire and Rescue (QFR) is established. (2) Rural Fire Service Queensland (RFSQ) is established. (3) Each of QFR and RFSQ is a fire service. (4) QFR and RFSQ are collectively called the fire services. 8A Membership (1) QFR consists of the following persons— (a) the commissioner; (b) the deputy commissioner; (c) fire service officers assigned to QFR by the commissioner. (2) RFSQ consists of the following entities— (a) the commissioner; (b) the chief officer; (c) fire service officers assigned to RFSQ by the commissioner; (d) rural fire brigades; (e) rural fire brigade members. 8B Functions and powers (1) The functions of the fire services are— (a) to protect persons, property and the environment from fire and hazardous materials emergencies; and (b) to protect persons trapped in a vehicle or building or otherwise endangered, to the extent that the fire services' personnel and equipment can reasonably be deployed or used for the purpose; and (c) to provide an advisory service, and undertake other measures, to promote— (i) fire prevention and fire control; and (ii) safety and other procedures if a fire or hazardous materials emergency happens; and (d) to cooperate with any entity that provides an emergency service; and (e) to perform other functions given to the fire services under this Act or another Act; and (f) to perform functions incidental to the other functions of each of the fire services; and (g) to identify and market products and services incidental to its functions. (2) The fire services have the power to do anything necessary or convenient to be done for the performance of the functions of the fire services. Note— See also chapter 4 for additional functions of RFSQ. 8C [Repealed] 8D [Repealed] 8E [Repealed] 8F [Repealed] 8G [Repealed] 8H [Repealed] 8I [Repealed] 8J [Repealed] 8K [Repealed] 8L [Repealed] 8M [Repealed] 8N [Repealed] 8O [Repealed] 8P [Repealed] 12 [Repealed] 13 [Repealed] 14 [Repealed] 15 [Repealed] 16 [Repealed] 17 [Repealed] 19 [Repealed] 19A [Repealed] 19B [Repealed] 19C [Repealed] Part 3 [Repealed] 21 [Repealed] 22 [Repealed] 23 [Repealed] 24 [Repealed] Part 4 Provisions affecting personnel Division 1 Appointments and conditions 25 Staff (1) The commissioner may employ the persons the commissioner considers necessary to perform the fire services' functions. (2) Without limiting subsection (1), the commissioner may employ the number of executive officers or senior officers as is necessary for the effective administration of the Act and the performance of the fire services' functions. (3) However, the commissioner may employ a person as an executive officer, or a senior officer, in QFR under this section only if the commissioner is satisfied the person has— (a) professional firefighting experience; and (b) incident control expertise; and (c) fire prevention expertise. (3A) Subsection (3) does not apply to the employment of a person as a scientific officer in QFR. (4) Also, the commissioner may employ a person as an executive officer in RFSQ under this section only if the commissioner is satisfied the person has— (a) rural firefighting experience; or (b) rural incident control expertise; or (c) rural fire prevention expertise. (5) In this section— executive officer means a person employed in a role equivalent to that of a senior executive under the Public Sector Act 2022, section 188. scientific officer means an officer who— (a) holds a tertiary qualification in applied science, chemical engineering, chemistry or science that is directly relevant to the performance of the functions of the office; and (b) does not perform firefighting or incident control functions or duties. senior officer means a person employed in a role equivalent to that of a senior officer under the Public Sector Act 2022, schedule 2. 25A Fire service officers employed under this Act Fire service officers are to be employed under this Act, and not under the Public Sector Act 2022. 25B Employment on merit (1) In considering an applicant's ability to perform the requirements of a position for the purpose of the Public Sector Act 2022, section 45(2)(a), the person undertaking the recruitment and selection process must consider whether the applicant has the mandatory qualifications, skills or experience the commissioner considers necessary for the position (the requisite conditions). (2) In deciding the applicant best suited to the position under the Public Sector Act 2022, section 45(2), the person must consider the primacy of the requisite conditions over any other matter that may be considered under section 45(2)(b) of that Act. 25C [Repealed] 26 Conditions of employment (1) Subject to any applicable industrial instrument, persons employed under section 25 shall be paid salary, wages and allowances at such rates and shall be employed under such conditions of employment as the commissioner determines. (2) However, if a person mentioned in subsection (1) is employed on contract for a fixed term, the conditions of the person's employment are not subject to any industrial instrument. (3) Also, if a directive made under the Public Sector Act 2022 applies to a person employed under section 25 and the directive is inconsistent with the determination of the commissioner under subsection (1), the directive applies to the extent of the inconsistency. 27 [Repealed] Division 2 Termination of office 28 Retirement A fire service officer— (a) must retire from employment with the fire services upon attaining the age of 65 years; (b) may elect to retire from employment with the fire services upon or at any time after attaining the age of 55 years. 29 [Repealed] 29A Surrender of equipment (1) A person, upon ceasing to be a fire service officer, must surrender to the commissioner— (a) any form of identification; and (b) anything issued to the person for official use; unless otherwise ordered by the commissioner. (2) A justice, acting upon the complaint of the commissioner, may issue a warrant authorising any person named in, or belonging to a class of person specified in, the warrant to search for and seize anything not surrendered in accordance with subsection (1). (3) A person authorised to execute a warrant may, for that purpose— (a) enter any premises in which the person believes the thing sought may be located; and (b) break open anything the person believes may contain the thing sought. 29B Vacating premises (1) A person, upon ceasing to be a fire service officer, must immediately vacate any premises the property of the State or to the possession of which the State is entitled, unless the commissioner otherwise orders. (2) If the premises are not vacated immediately or, as the case may be, within any period ordered by the commissioner, the commissioner may give the person a notice to quit. (3) If the premises are not vacated within 14 days after the notice to quit is given, a magistrate, acting upon the complaint of the commissioner, may issue a warrant authorising a police officer to enter the premises and remove all persons and property not authorised by the commissioner to be on the premises and to deliver possession of the premises to the State. Division 3 [Repealed] Subdivision 1A [Repealed] 29C [Repealed] 29D [Repealed] Subdivision 1 [Repealed] 30 [Repealed] 30A [Repealed] Subdivision 2 [Repealed] 30B [Repealed] 30C [Repealed] 30D [Repealed] 30E [Repealed] 30F [Repealed] Subdivision 3 [Repealed] 30G [Repealed] 30H [Repealed] Subdivision 4 [Repealed] 30I [Repealed] 30J [Repealed] 30K [Repealed] Subdivision 5 [Repealed] 31 [Repealed] 32 [Repealed] 33 [Repealed] Part 4A [Repealed] 34 [Repealed] 35 [Repealed] 36 [Repealed] 37 [Repealed] 38 [Repealed] 39 [Repealed] 40 [Repealed] 41 [Repealed] 42 [Repealed] 43 [Repealed] 44 [Repealed] 45 [Repealed] 46 [Repealed] PART 5 [Repealed] 47 [Repealed] 48 [Repealed] 49 [Repealed] 50 [Repealed] 51 [Repealed] 52A [Repealed] 52B [Repealed] 52C [Repealed] 52D [Repealed] 52E [Repealed] 52F [Repealed] 58 [Repealed] 85 [Repealed] 94 [Repealed] 104FF [Repealed] 104SA [Repealed] 104SC [Repealed] 104SD [Repealed] 104SE [Repealed] Part 7 [Repealed] Part 10 [Repealed] Chapter 4 Rural Fire Service Queensland Part 1 Functions 129 Additional functions of RFSQ RFSQ has the following functions, in addition to the functions for RFSQ mentioned in section 8B— (a) to carry out activities for the prevention of, preparedness for, response to, and recovery from, bushfires; (b) to control and prevent bushfires; (c) to investigate bushfires; (d) to manage chief fire wardens and fire wardens; (e) to manage the administration of the granting of notifications, notices and permits under this Act for the lighting of fires; (f) to manage rural fire brigades; (g) to support other entities providing emergency services to help communities respond to and recover from disasters; (h) to support communities to improve resilience to bushfires; (i) to perform other functions given to RFSQ by the commissioner. Part 2 RFSQ advisory committee 130 Establishment and membership of RFSQ advisory committee (1) The RFSQ advisory committee is established. (2) The Minister must appoint the members of the RFSQ advisory committee in consultation with the chief officer. (3) The RFSQ advisory committee has the function of advising the chief officer on matters relating to the performance of the functions of RFSQ, including the administration and management of rural fire brigades. (4) A member of the RFSQ advisory committee holds the member's appointment on the conditions decided by the Minister. (5) To remove any doubt, it is declared that the RFSQ advisory committee is not a decision-making body. Part 3 Fire wardens 131 Chief fire wardens and fire wardens (1) Such number of chief fire wardens and fire wardens may be appointed as the commissioner thinks necessary or expedient for the purposes of this Act. (2) The commissioner may appoint a person to be a chief fire warden or fire warden (each a relevant fire warden), or recommend to the Governor in Council the appointment of a person as a relevant fire warden under subsection (4), only if the commissioner is satisfied the person is appropriately qualified to perform the functions and exercise the powers of a relevant fire warden. (3) Subject to subsection (4)— (a) a relevant fire warden holds office for the term and on the conditions stated in the relevant fire warden's instrument of appointment; and (b) without limiting paragraph (a), the instrument of appointment must state the geographical area in which the relevant fire warden can perform the relevant fire warden's functions or exercise the relevant fire warden's powers. (4) Where the appointee is a public service officer or a police officer, the appointment must be made by the Governor in Council by notification published in the gazette— (a) specifying the name of the appointee; or (b) specifying that the appointment is made to the holder of a specified office in which case each person who, for any period, holds or performs the duties of that office is, for that period, a chief fire warden or, as the case may be, a fire warden. (5) A person may hold an office under this section in conjunction with any office held with the fire services, the public service or the police service. (6) The commissioner may, by giving a notice to an appointee, cancel the appointment, whether the appointment was made by the commissioner or the Governor in Council. (7) The Governor in Council may, by notification published in the gazette, amend or rescind any notification made under subsection (4)(b). 132 Powers and functions (1) The powers of a chief fire warden or fire warden are the same as those of an authorised fire officer subject to any limitation imposed by the commissioner. (2) Without limiting section 7AA, the commissioner may direct a chief fire warden or fire warden— (a) in the performance of the chief fire warden's or fire warden's functions; and (b) to perform functions in addition to those conferred by this Act. (3) In exercising a power or discharging a function a chief fire warden or fire warden must comply with any code of practice and with any direction of the commissioner. 133 Resignation A chief fire warden or fire warden may, at any time, resign office as chief fire warden or fire warden by signed notice given to the commissioner. 134 Appeals from decisions of fire wardens (1) Where pursuant to a delegation of the commissioner's powers a chief fire warden or a fire warden is empowered to issue notices under section 145B or 145G or to determine applications for permits under section 145C, any person aggrieved by a decision made by the chief fire warden or fire warden in the exercise of the power may appeal against the decision by notice in writing given to the commissioner. (2) The commissioner may allow or dismiss an appeal and may, where an appeal is allowed, make any order that appears just. Part 4 Rural fire brigades 135 Registration of rural fire brigade (1) Any group of persons may apply to the commissioner to register an entity as a rural fire brigade. (2) The commissioner may grant or refuse an application and, in the case of the granting of an application, must assign a registration number to the rural fire brigade. Note— If an application for registration of an entity as a rural fire brigade is granted, each person in the group who applied for registration is not necessarily a member of the rural fire brigade. (3) The commissioner may at any time cancel the registration of a rural fire brigade. 136 Appointment of rural fire brigade members (1) The commissioner may appoint a person as a member of a rural fire brigade. (2) A rural fire brigade member— (a) is appointed on the terms stated in the instrument of appointment; and (b) may resign the appointment by signed notice given to the commissioner. 137 Rules for rural fire brigades (1) The commissioner may make model rules for the proper management and operation of rural fire brigades. (2) A rural fire brigade may, with the written approval of the commissioner, make a rule that is additional to the model rules. (3) An additional rule under subsection (2) must not be inconsistent with this Act or the model rules. (4) A rural fire brigade's rules are the model rules and any additional rules approved by the commissioner. (5) A rural fire brigade and the members of the rural fire brigade must comply with the rural fire brigade's rules. 138 Officers and office bearers of rural fire brigade (1) A rural fire brigade must elect a first officer to be in charge of the brigade. (2) A rural fire brigade may also elect such other officers as it considers necessary. (3) A rural fire brigade may elect any member of the brigade to be the chairperson, secretary or treasurer of the brigade (each an office bearer). (4) Any election must be conducted in accordance with the commissioner's directions and has no effect unless approved by the commissioner. (5) A person holds office, or is an office bearer, for the period specified by the commissioner. (6) The commissioner may do either or both of the following in relation to a person— (a) dismiss the person from an office held with, or as an office bearer of, a rural fire brigade; (b) disqualify the person from holding any office with, or being an office bearer of, a rural fire brigade. 139 Functions of a rural fire brigade (1) The functions of a rural fire brigade are— (a) to carry out fire fighting and fire prevention; and (b) to use fire for land management; and (c) to carry out other activities to help communities or other entities prepare for, respond to, and enhance resilience to, an event or a disaster; and (d) to carry out activities to raise the profile of RFSQ, promote bushfire safety or raise funds to support rural fire brigades in the performance of the brigades' other functions; and (e) to provide services or assistance if required by any Act or the reasonable expectations of the community; and (f) to perform any other function given to the brigade by the commissioner. (2) The commissioner must notify a rural fire brigade of the area for which and the circumstances in which the brigade is in charge of fire fighting and fire prevention. (3) In this section— fire prevention includes taking measures in readiness for fire so as to reduce potential danger to persons, property or the environment. 140 Powers of first officer (1) Where, pursuant to notification given under section 139(2), a rural fire brigade is in charge of operations for controlling and extinguishing a fire, the first officer of the brigade has, for that purpose— (a) the powers of an authorised fire officer, subject to any limitation imposed by the commissioner; and (b) the control and direction of any person (including any fire officer) whose services are available at the fire. (2) Any power exercisable by the first officer of a rural fire brigade may be exercised by any person acting at the direction of the first officer. (3) Any person exercising a power or discharging a function under this section must comply with any code of practice and with any direction of the commissioner. (4) In this section— first officer includes, where the first officer of a rural fire brigade is unavailable to act, the next senior officer of the brigade who is available. (5) Where a rural fire brigade is assisting in operations for controlling or extinguishing a fire, the person who pursuant to this Act or any direction given by the commissioner is in charge of those operations has the control and direction of the members of the rural fire brigade. 141 Appointment of person in charge of operations (1) The commissioner may appoint a person as the person in charge of operations for controlling and extinguishing a fire, or for controlling another incident, if the commissioner considers it appropriate and necessary in the circumstances. (2) However, the commissioner may appoint a person as the person in charge of operations for controlling and extinguishing a fire under subsection (1) in an area for which a rural fire brigade is in charge of fire fighting and fire prevention under section 139(2) only if there is no first officer for the rural fire brigade, within the meaning of section 140(4), who is available for controlling or extinguishing the fire. (3) The appointment under subsection (1) may be— (a) written or oral; and (b) for the duration of an event or for a stated or indefinite period. (4) The appointment of a person as the person in charge of operations ends— (a) for an appointment for the duration of an event—at the end of the event; or (b) for an appointment for a stated period—at the end of the stated period; or (c) for an appointment for an indefinite period—when the commissioner gives the person notice that the appointment has ended. (5) Despite subsection (4), the appointment of a person as the person in charge of operations ends if the commissioner gives the person notice that the appointment has ended. (6) The person in charge of operations for controlling and extinguishing a fire, or for controlling another incident, has the powers of the first officer of a rural fire brigade under section 140(1)(a) and (b). (7) Section 140(2) applies to the person in charge of operations as if a reference in the subsection to the first officer of a rural fire brigade were a reference to the person in charge of operations. (8) Any person performing a function or exercising a power under this section must comply with— (a) any relevant code of practice; and (b) any direction given by the commissioner. 142 Equipment for rural fire brigade (1) The commissioner may provide any rural fire brigade with equipment for carrying out its responsibilities or may, for that purpose, subsidise the purchase of equipment by a rural fire brigade. (2) All equipment provided by, or the purchase of which is subsidised by, the commissioner is and remains the property of the State and may at any time be repossessed by the commissioner. (3) A justice, acting upon the complaint of the commissioner, may issue a warrant authorising any person named in it or belonging to a class of person specified in it to search for and seize any equipment that pursuant to subsection (2) is the property of the State. (4) A person authorised to execute a warrant may, for that purpose— (a) enter any premises in which the person believes the equipment may be located; (b) break open anything the person believes may contain the equipment. (5) In this section— equipment, without limiting the meaning of the term, includes plant and any liquid or gaseous substance. 142A [Repealed] 143 Powers of officers of other States to fight fires in Queensland (1) In this section— officer of another State means an officer of any body or organisation that, pursuant to any law of another State, is responsible for extinguishing fires in rural areas in that State. State means the State of New South Wales or the State of South Australia or the Northern Territory. (2) Where an officer of another State determines in good faith— (a) that a fire burning in Queensland may continue burning into the other State; or (b) that a fire burning in the other State may continue burning into Queensland; the officer may take measures in Queensland for extinguishing or controlling the fire. (3) If an officer of another State, in Queensland for the purpose of taking measures authorised by subsection (2) to be taken, is the senior officer present of the relevant body or organisation, the officer may exercise, subject to subsection (4), any of the powers of a first officer of a rural fire brigade. (4) Where, pursuant to this Act or any direction given by the commissioner, any person has control of operations at a fire in Queensland at which an officer of another State is present, that officer must obey any direction given by the person having control of operations. Chapter 4A Fire safety, emergencies and dangerous goods Part 1 Control and prevention of fires 144 Interpretation and application of part (1) For the purposes of this part a person is taken to light a fire if the person— (a) lights, maintains or uses the fire; or (b) aids, procures or counsels another to light, maintain or use the fire; or (c) being the owner or occupier of the land on which the fire is lit—permits another to light, maintain or use the fire. (2) This part does not apply in respect of the lighting of a fire inside any building in circumstances that prevent the escape from the building of fire or any material or substance that is likely to cause fire. (3) In this part— licence area see the Forestry Act 1959, schedule 3. occupier of land includes, if there is no person in actual occupation of the land— (a) the person charged by the owner or by law with the management of the land; and (b) if the land is a licence area— (i) if there is a plantation sublicensee for the licence area—the plantation sublicensee; or (ii) otherwise—the plantation licensee. plantation licensee see the Forestry Act 1959, schedule 3. plantation officer see the Forestry Act 1959, schedule 3. plantation operator see the Forestry Act 1959, schedule 3. plantation sublicensee see the Forestry Act 1959, schedule 3. 145 Offence to light unauthorised fire A person who lights a fire that is not authorised by this part or by any notification, notice or permit given under this part commits an offence against this Act. Maximum penalty—50 penalty units or 6 months imprisonment. 145A Authorisation of fires by commissioner The commissioner may, by notification published in the gazette, authorise the lighting of fires for purposes and in circumstances specified in the notification. 145B Prohibition by commissioner against lighting of fires (1) Notwithstanding any notification under section 145A authorising the lighting of fires the commissioner may, by giving a notice to the occupier of land, prohibit the lighting on the land of all fires or all fires other than those lit for a purpose or in circumstances specified in the notice. (2) An occupier of land may ask the commissioner to give a notice under subsection (1) to an occupier of adjoining land. (3) The request must be made in the way, and include the information, prescribed by regulation. (4) The commissioner must consider the request unless the commissioner believes the request is frivolous or vexatious. (5) In this section— occupier of adjoining land means the occupier of land that— (a) touches some part of the land in question; or (b) would touch some part of that land but for the existence of a watercourse, road or firebreak, that is 10m or less in width or, although wider than 10m, is not clear of vegetation or other flammable material for at least 10m in every direction. 145C Granting of permits (1) A person may apply to the commissioner for a permit to light a fire on any land. (2) The application— (a) may be made orally or in writing; and (b) must include the information prescribed by regulation. (3) The commissioner may grant or refuse to grant an application. (4) Subject to subsection (5), the commissioner must refuse to grant a permit to light a fire on any land unless satisfied that— (a) reasonable steps have been taken to notify each occupier of adjoining land of the making of the application; and (b) each occupier of adjoining land notified under paragraph (a) has been given a reasonable opportunity to object, orally or in writing, to the granting of the permit. (5) The commissioner may grant a permit without complying with subsection (4) if satisfied that extraordinary circumstances exist for so doing. (6) In this section— occupier of adjoining land see section 145B(5). 145D Fires in State forests etc. (1) The provisions of this part do not apply to the lighting of a fire— (a) in a protected area by a person acting in the performance of duties under the Nature Conservation Act 1992; or (b) in a State forest, timber reserve or forest entitlement area by a person acting in the performance of duties under the Forestry Act 1959. (2) The commissioner must not authorise the lighting of fires— (a) in a protected area without the approval of the chief executive of the department that deals with matters arising under the Nature Conservation Act 1992; or (b) in a State forest (other than a licence area), timber reserve or forest entitlement area without the approval of the chief executive of the department that deals with matters arising under the Forestry Act 1959. (3) For subsection (1)(b), a person acting in the performance of duties under the Forestry Act 1959 does not include— (a) a plantation operator; or (b) a plantation officer. 145E Occupier to extinguish fire Where a fire is burning on any land and the lighting of the fire is not authorised by or under this or any other Act, the occupier of the land, immediately upon becoming aware of the fire (regardless of who lit it)— (a) must take all reasonable steps to extinguish or control the fire; and (b) must, as soon as is practicable, report the existence and location of the fire to a fire officer, an officer of a rural fire brigade, a member of an emergency service unit, a chief fire warden or fire warden, a forest officer (within the meaning of the Forestry Act 1959), a conservation officer within the meaning of the Nature Conservation Act 1992 or a police officer. Maximum penalty—50 penalty units or 6 months imprisonment. 145F Powers of occupier of entry etc. (1) Subject to subsections (2) and (3), an occupier of land, who believes on reasonable grounds that a grass fire (that is, a fire that predominantly consumes vegetation) burning within 1.6km of that land constitutes a fire risk to that land may, together with persons acting at the direction of the occupier— (a) enter the land on which the fire is burning and any other land in order to gain access to the land on which the fire is burning; and (b) take on to that land equipment for extinguishing or controlling the fire; and (c) take all reasonable measures to extinguish or control the fire. (2) An occupier of land must not do or direct the doing of any act referred to in subsection (1) if prior notice (oral or written) of the intention to light the fire has been given to the occupier by the person lighting it or by a prescribed person unless the occupier believes on reasonable grounds that the fire has been unlawfully lit or is out of control. (3) If it is practicable to contact a prescribed person, an occupier of land— (a) must not do or direct the doing of any act referred to in subsection (1) unless the prescribed person has been notified of the situation; and (b) must comply with any direction given by the prescribed person in respect of the doing of any act. (4) If the occupier of land, or an employee, agent or contractor of the occupier of land, is also a prescribed person, the references to a prescribed person in subsections (2) and (3) do not include the occupier of land, or an employee, agent or contractor of the occupier of land. (5) In this section— prescribed person means a fire officer, an officer of a rural fire brigade, a fire coordinator, a chief fire warden or fire warden, a forest officer (within the meaning of the Forestry Act 1959), a conservation officer within the meaning of the Nature Conservation Act 1992 or a police officer. 145G Requisition by commissioner to reduce fire risk (1) The commissioner may require any occupier of premises to take measures for the purpose of reducing the risk of a fire occurring on the premises or reducing potential danger to persons, property or the environment in the event of a fire occurring on the premises. (2) A requisition may be given— (a) in a particular case—by giving a notice to the occupier concerned; or (b) by notification published in the gazette in which case each occupier of land to whom the notification applies must comply with the requisition. (3) A person to whom a requisition is given must comply with the requisition. Maximum penalty—50 penalty units or 6 months imprisonment. Note— This provision is an executive liability provision—see section 150J. (4) Without limiting the measures that may be required to be taken, an occupier may be required to do any of the following— (a) make and maintain firebreaks in accordance with any directions contained in the notification or notice; (b) remove, dispose of or otherwise deal with any vegetation or other flammable material in accordance with any directions contained in the notification or notice; (c) obtain equipment and keep it available for use for fire fighting purposes; (d) take measures to ensure an adequate supply of water or any other substance for fire fighting purposes; (e) ensure that the means of escape from the premises in the event of fire can be safely and effectively used at all material times; (f) suspend such operations as may be specified for the period specified. (5) A notice under subsection (2)(a) must comply with the QCAT Act, section 157(2). (6) Where an occupier of premises fails to comply with a notification or notice an authorised fire officer and any assistant may enter the premises and take any of the measures directed by the notification or notice to be taken and any expenses incurred in taking those measures may be recovered by the commissioner in a court of competent jurisdiction from the occupier. (7) An authorised fire officer or an assistant who takes the measure of removing vegetation or other flammable material from premises, may take possession of and retain the material until it is disposed of pursuant to subsection (8) or until the person entitled to possession of it is determined. (8) Where the commissioner is satisfied that anything retained pursuant to subsection (7) is the property of the occupier who failed to comply with the notification or notice the commissioner may sell or otherwise dispose of the material and the proceeds of the disposal may be applied by the commissioner in payment of expenses incurred in consequence of the failure to comply. (9) Where the proceeds of the disposal of any material— (a) are insufficient to cover the expenses incurred—the amount of the expenses that may be recovered under subsection (6) must be reduced by the amount of those proceeds; (b) exceed the expenses incurred—the proceeds of the disposal must be applied in the following order— (i) if there is an amount owing to an entity under a security interest registered against the property under the Personal Property Securities Act 2009 (Cwlth)—in payment of the amount owing under the security interest; (ii) in payment of any balance to the person whose property the commissioner believes the material to have been. 145H Restriction on sale of notified articles The commissioner may, by notification published in the gazette, prohibit or regulate the sale, use or possession of any article or substance that the commissioner believes may constitute a fire risk. 145I Notifications, notices and permits (1) Any notification published in the gazette pursuant to this part— (a) may be expressed so as to have effect either generally throughout the State or in part of the State only; (b) may be expressed so as to apply differently in different circumstances; (c) may, where it authorises or requires the doing of any act, specify conditions to be observed in respect of the doing of the act; (d) may be expressed so as to be of unlimited duration or so as to have effect for a specified period or until the occurrence of a specified event; (e) may be amended or revoked at any time by the commissioner by notification published in the gazette. (2) Any permit granted or notice given pursuant to this part to a person— (a) may, where it authorises or requires the doing of any act, specify conditions to be observed in respect of the doing of the act; (b) may be expressed so as to be of unlimited duration or so as to have effect for a specified period or until the occurrence of a specified event; (c) may, by the commissioner giving a notice to the person— (i) for a permit—be amended, suspended or revoked at any time; or (ii) for a notice—be amended or revoked at any time. 145J Offences re lighting fires (1) A person commits an offence against this Act if the person does or, as the case may be, fails to do any of the following acts— (a) fails to comply with any condition or direction contained in a notification, notice or permit given under this part in respect of the lighting of any fire; (b) leaves unattended or fails to take reasonable measures to extinguish a fire in such circumstances as to cause or be likely to cause danger from fire to any person or property or to the environment; (c) not acting in accordance with a notification, notice or permit given under this part, discards, propels or places any burning article or substance (or anything otherwise capable of causing fire)— (i) thereby causing a fire that endangers or is likely to endanger any person or property or the environment; or (ii) in such circumstances as to be likely to cause a fire that would be likely to endanger any person or property or the environment; (d) wilfully and unlawfully destroys, damages, removes, covers or otherwise interferes with a notice relating to the lighting of fires displayed by the commissioner or by a rural fire brigade for the purposes of this Act; (e) knowingly provides any false or misleading information in respect of an application for a permit under section 145C; (f) without the consent of the commissioner, alters any particular shown in a permit granted under section 145C. Maximum penalty— (a) if the offence is committed during a state of fire emergency at a place to which the declaration of emergency applies—250 penalty units or 1 year's imprisonment; or (b) otherwise—50 penalty units or 6 months imprisonment. (2) In subsection (1)— property does not include property of the person alleged to have committed the offence in question. 145K Liability of person for fire lit by agent or employee (1) Notwithstanding the Criminal Code, sections 7 and 23 where any person commits an offence against this part in respect of the lighting of a fire as an agent or employee, the principal or employer of that person is taken to have committed the offence and may be prosecuted and punished for the offence unless it is proved that the agent or employee was acting contrary to instructions and that the principal or employer could not have prevented the commission of the offence by exercising reasonable supervision. (2) Subsection (1) applies without prejudicing any liability imposed under this part upon the person by whom an offence is actually committed. 145L Liability for damage caused by certain fires (1) A person who lights a fire— (a) authorised to be lit by notification given under section 145A or by a permit granted under section 145C; or (b) in order to comply with a notification or notice given under section 145G; and who, in lighting the fire, complies with any condition or direction contained in the notification, notice or permit and does not contravene any provision of this Act does not incur any liability at common law for any loss, injury or damage caused by the fire unless it is shown that the person acted recklessly or maliciously caused the loss, injury or damage. (2) Subsection (1) applies only in respect of a fire lit for the purpose of or likely to have the effect of burning off vegetation. Part 2 Fire emergency Division 1 Local fire bans 145M Imposing local fire ban (1) If the commissioner considers a fire emergency exists in a local government's area, the commissioner may, by notice published under section 145N, impose a ban on the lighting of fires (a local fire ban) in the area. (2) A local fire ban— (a) must not be imposed for a period of more than 14 days; and (b) may— (i) be imposed for an entire local government area or part of a local government area; and (ii) prohibit the lighting of all, or only particular, types of fires. (3) The area to which a local fire ban applies is called the fire ban area. 145N Notifying local fire ban (1) Notice of the imposition of a local fire ban must be published on the department's website (normal publication). (2) However, if notice of the imposition of a local fire ban can not for technical or other reasons be conveniently published by normal publication, notice of the imposition may be published (alternative publication)— (a) in another way decided by the commissioner; and (b) by normal publication as soon as practicable. (3) Notice of the imposition of a local fire ban must— (a) state the local government area to which the ban applies; and (b) if appropriate, describe the part of the local government area to which the ban applies; and (c) state the types of fires the lighting of which are prohibited under the ban; and (d) state the period of the ban. (4) As well as publishing notice of the imposition of a local fire ban by normal publication or alternative publication, the commissioner may cause the imposition of the ban to be publicised in any other way the commissioner considers appropriate. (5) This section applies despite the Financial Accountability Act 2009, section 88F. 145O Cancelling local fire ban (1) If, while a local fire ban is in force, the commissioner considers the fire emergency for which the ban was imposed has ceased to exist, the commissioner must, by notice published under this section, cancel the ban. (2) Notice of the cancellation of a local fire ban must be published on the department's website (normal publication). (3) However, if notice of the cancellation of a local fire ban can not for technical or other reasons be conveniently published by normal publication, notice of the cancellation may be published (alternative publication)— (a) in another way decided by the commissioner; and (b) by normal publication as soon as practicable. (4) As well as publishing notice of the cancellation of a local fire ban by normal publication or alternative publication, the commissioner may cause the cancellation of the ban to be publicised in any other way the commissioner considers appropriate. (5) This section applies despite the Financial Accountability Act 2009, section 88F. 145P Period of local fire ban (1) A local fire ban takes effect on the day and at the time stated in the notice published under section 145N for imposing the ban. (2) The cancellation of a local fire ban takes effect on the day and at the time stated in the notice published under section 145O for cancelling the ban. (3) For subsections (1) and (2), the day and time stated in the notice must not be before the day and time the notice is published. (4) A local fire ban remains in force until the earlier of the following happens— (a) the period of the ban stated in the notice published for the ban ends; (b) the ban is cancelled. 145Q Effect of local fire ban on other authorisations to light fires While a local fire ban remains in force, any authority given under this or another Act to light a fire in the fire ban area ceases to have effect, to the extent to which the authority applies to fires the lighting of which is prohibited under the ban. 145R Contravening local fire ban While a local fire ban is in force, a person must not light a fire in the fire ban area if the lighting of the fire is prohibited under the ban. Maximum penalty—50 penalty units or 6 months imprisonment. 145S Evidentiary aid about local fire ban In a proceeding for an offence against section 145R, a certificate purporting to be signed by the commissioner stating the following matters is evidence of the matters— (a) on a stated day, or during a stated period, a local fire ban was in force at a stated place; (b) the types of fire the lighting of which was prohibited under the ban. Division 2 Declarations of state of fire emergency 145T Declaration of state of fire emergency (1) The commissioner may, with the approval of the Minister, declare that a state of fire emergency exists within Queensland. (2) A declaration of a state of fire emergency— (a) may have effect throughout the State or in part of the State, as specified in the declaration; (b) may apply differently according to factors specified in the declaration; (c) may, if it does not prohibit the lighting of all types of fires, prescribe conditions to be observed in lighting fires of any type not prohibited; (d) may order that the lighting of any fire of a type not prohibited be subject to the granting of a permit under section 145C by the commissioner or by a person belonging to a class of person specified in the declaration; (e) may order that any person finding a fire burning in the open air take all possible steps to extinguish it and, as soon as is practicable, report the existence and locality of the fire to any person belonging to a class of person specified in the declaration; (f) may prohibit the use of any appliance, material or substance specified in the declaration that, in the opinion of the commissioner, is or is likely to cause a fire risk; (g) may order the suspension of such operations as may be specified for the period specified; (h) may, with the approval of the Minister, be amended or revoked at any time. 145U Notification of declaration (1) Every declaration of a state of fire emergency or amendment or revocation of a declaration— (a) must be notified in the gazette; and (b) may, in addition to the notification under paragraph (a), be notified in the following ways— (i) on the department's website; (ii) by radio or television in the area to which it applies. (2) A declaration of a state of fire emergency or an amendment or revocation of a declaration takes effect from— (a) the date on which it is notified in the gazette; or (b) if it is sooner notified under subsection (1)(b)—the date on which it is notified under subsection (1)(b). (3) To ensure public knowledge of a declaration of a state of fire emergency or an amendment or revocation of a declaration in the area to which it applies, the commissioner must take measures to give widespread publicity of the declaration or the amendment or revocation of the declaration. (4) However, any alleged failure to take measures under subsection (3) in relation to a declaration of a state of fire emergency or an amendment of a declaration is not an excuse for failure to comply with the declaration. (5) This section applies despite the Financial Accountability Act 2009, section 88F. 145V Period of state of fire emergency A state of fire emergency declared by the commissioner remains in force— (a) where a period for which it is to remain in force is specified in the declaration, until that period expires unless the declaration is sooner amended by extending that period or revoked; or (b) where no period is specified, until the declaration is revoked. 145W Effect of emergency on existing authorities to light fires (1) Upon the declaration of a state of fire emergency, any authority given under this or any other Act to light a fire, whether given before or during the state of emergency, ceases to have effect while the state of emergency remains in force. (2) Subsection (1) applies subject to any authority to light a fire specified in the declaration or any permit granted after the commencement of the state of emergency in accordance with the declaration. 145X Commissioner's power during fire emergency (1) While a state of fire emergency remains in force, the commissioner may take any reasonable measure to abate the fire emergency. (2) Without limiting those measures, they include requisitioning any premises, plant, equipment, materials or substance for fire fighting or fire prevention. 145Y Failure to comply with declaration Any person who fails to comply with a declaration of a state of fire emergency or with any requisition made under section 145X(2) commits an offence against this Act. Maximum penalty—250 penalty units or 2 years imprisonment. 145Z Certificate about declaration In any proceeding for— (a) an offence defined in section 145Y; or (b) any other offence against this Act where it is alleged as a circumstance of aggravation that the offence