Tasmania: 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 alarm, direct or cause members of his brigade to proceed with all possible speed to the place where the fire or potential fire is and take all necessary action to extinguish the fire or prevent an occurrence of fire and to save all property. (3) A brigade chief – (a) may, either alone or with other persons under his command, enter and, if necessary, force open any outer or inner doors of any premises which are on fire or in the vicinity of a fire for the purpose of taking any action which he considers necessary for extinguishing, or for preventing the extension of, the fire, and may take, or give directions for taking, any equipment onto or over any land or premises which he considers convenient for the purpose; (b) may take any measures which appear to him necessary or expedient for the protection of life and property, and may cause – (i) any premises to be entered, taken possession of, or pulled down; (ii) any ship to be entered, taken possession of, or sunk; or (iii) any premises or ship to be otherwise damaged, destroyed, or removed – for the purpose of extinguishing or preventing the spread of fire; (c) may cause water to be shut off from any main or pipe in order to obtain a greater pressure and supply of water for the purpose of extinguishing any fire; (d) may give such directions or take such other action as he considers necessary – (i) for the closure of any street, road, lane, or other thoroughfare in the vicinity of a fire; and (ii) for regulating the use by persons or vehicles of any street, road, lane, or other thoroughfare in the vicinity of a fire; (e) may, at any time, pull down or shore up any wall or premises damaged by fire which may be, or may be likely to become, dangerous to life or property; (f) shall have the control and direction of any industry fire brigade present at any fire, and of any persons who voluntarily place their services at his disposal; (g) may remove or cause to be removed any person, vehicle, or thing whose presence at or in the vicinity of any fire in his opinion interferes with the operations of the brigade, and may take any measures which appear to him expedient for the protection of life and property; (h) may cause the debris resulting from a fire and any premises or ship where a fire has occurred to be searched, and may remove and keep possession of anything which may prove the cause of a fire; (i) may cause the supply of gas, electricity or other form of energy to any premises in the vicinity of a fire to be shut off or disconnected; (j) may cause any vegetation or flammable materials in the vicinity of a fire to be removed or destroyed; (k) may cause fire breaks to be made to prevent the outbreak or spread of fire; (l) may cause the access to any place threatened or likely to be threatened by fire to be made or improved; and (m) may exercise such other powers and perform such other functions as may be prescribed. (4) A brigade chief shall not exercise the powers conferred on him under – (a) subsection (3) (d) where a police officer is present at the fire; or (b) subsection (3) (h) where an investigation to ascertain whether a crime has been committed is being held by one or more police officers, without the approval of that officer or the most or more senior of those officers. (5) Every person supplying gas, electricity, or other form of energy to any premises which are on fire or any premises in the vicinity of any fire shall, on being directed by a brigade chief to do so, immediately send some competent person to shut off or disconnect the supply of the gas, electricity, or other form of energy to those premises. (6) A person supplying gas, electricity, or other form of energy to any premises shall not be liable for any damage by reason of any interruption of the supply of the gas, electricity, or other form of energy resulting from the carrying out of any direction given under subsection (5) . (7) Where a fire or a potential fire occurs on or in any land or premises, and a brigade chief of a brigade in attendance at the fire is satisfied that, by reason of the nature of the fire or potential fire on or in the land or premises, it is necessary or desirable to do so for the purpose of preventing outbreaks of fire, or the entry of persons on areas of danger, or damage to, or interference with, any property or goods, the brigade chief may, when the fire has been extinguished, place in charge of the land or premises at, or in the vicinity of, the fire such members of the brigade or other persons as the brigade chief directs. (8) Where members of a brigade or any other persons have been placed in charge of any land or premises in accordance with subsection (7) , the brigade chief may give to those members or persons such directions as he considers necessary for the purpose of this section, and shall, as soon as practicable after giving the directions, provide those members or persons with a written authority specifying the time for which, and the conditions under which, they have been so placed in charge of the land or premises. (9) A member of a brigade or other person placed in charge of any land or premises in accordance with subsection (7) shall, while remaining in charge of the land or premises, give effect to all directions given to him in relation to the land or premises by the brigade chief. (10) The brigade chief of a brigade, in addition to the functions and powers imposed and conferred on him under subsections (1) , (2) , (3) , (7) , and (8) , shall – (a) cause a register to be kept containing the names, ages, occupations, and places of residence of all members of the brigade; (b) summon at least once a month all or as many members of the brigade as may be required for practice in order to render the members fit and efficient for service; (c) have at all times the immediate charge and control of all equipment, premises, and other property of the Commission allocated to his brigade, and shall cause that equipment, those premises, and that property to be kept in a fit state at all times for efficient service; (d) at all times have free access to any land, ship, or premises for the purpose of ascertaining and reporting to the Chief Officer on any infringement of the laws relating to the storage of hazardous materials or flammable liquid, or on any matters relating to the storage, in or on that land, ship, or premises, of any packages, sawdust, shavings, hay, or straw, or other flammable substance or matter; (e) at all times have free access to any – (i) premises specified in a licence granted under the Liquor Licensing Act 1990 ; or (ia) premises set up for the purpose of providing overnight lodging facilities for tourists or travellers for a consideration; or (ii) place of assembly within the meaning of the Public Health Act 1997 ; or (iii) place of public entertainment within the meaning of Division 8 of Part 5 of the Local Government (Building and Miscellaneous Provisions) Act 1993 – and shall report to the Chief Officer any case where the provisions of this Act are not being observed in any of the premises specified in subparagraphs (i) , (ii) and (iii) , and may in respect of any of those provisions, exercise all the powers and authorities that are conferred on inspectors by or under any of the Acts specified in those subparagraphs; (f) make such investigations and render such reports to the Chief Officer as the Chief Officer may require; and (g) furnish a Committee with such advice, assistance, and information as the Committee requires to enable it to carry out its functions under this Act. (11) The powers and functions of a brigade chief under this section may, on the brigade chief's instructions or in the case of the brigade chief's absence or incapacity, be exercised or performed by the most senior fire officer of the brigade or, in the absence of a fire officer, the most senior fire-fighter of the brigade. (12) In relation to an emergency involving the escape of a dangerous substance or a situation that involves imminent danger of such an escape, a brigade chief has the same powers and functions as the brigade chief has under this section in relation to a fire or potential fire. (13) In this section – ASCC means the Australian Safety and Compensation Council, being the tripartite (government, employer and employee) body of that name that was established under the executive power of the Commonwealth to – (a) lead and coordinate national efforts to improve occupational health and safety and workers compensation arrangements; and (b) declare national standards and codes of practice in relation to occupational health and safety matters; and (c) provide government with policy advice on those matters; dangerous substance is a substance that – (a) has the potential to cause harm to persons, property or the environment because of one or more of the following: (i) the chemical properties of the substance; (ii) the physical properties of the substance; (iii) the biological properties of the substance; and (b) is, but is not limited to, the following: (i) a dangerous good, within the meaning of the Dangerous Goods (Road and Rail Transport) Act 2010 ; (ii) a combustible liquid under the Australian Standard AS 1940 The Storage and Handling of Flammable and Combustible Liquids made by Standards Australia, as amended from time to time; (iii) a substance that is, or is capable of being, classified as a hazardous substance according to the Approved Criteria for Classifying Hazardous Substances published by the ASCC; (iv) an agricultural chemical product within the meaning of the Agvet Code of Tasmania; (v) a veterinary chemical product within the meaning of the Agvet Code of Tasmania; Standards Australia means Standards Australia International Ltd ACN 087 326 690. 30. . . . . . . . . 31. . . . . . . . . 32. . . . . . . . . 32A. . . . . . . . . 33. Groups of brigades (1) For the purpose of preventing or extinguishing fires or dealing with civil emergencies, 2 or more brigades may combine to form a group of brigades. (2) On being notified of the formation of a group of brigades, the Commission may approve or refuse to approve the formation of the group. (2A) If 2 or more brigades combine to form a group of brigades, the Commission may appoint a volunteer brigade chief as group officer of that group of brigades. (3) The Commission may disband a group of brigades. (4) . . . . . . . . 34. . . . . . . . . 35. Powers and functions of group officers Where a group officer is controlling a fire-fighting operation or an operation in respect of a civil emergency, the powers and functions imposed by this Act on a brigade chief may be performed and exercised by the group officer. Division 2 - Miscellaneous provisions 36. . . . . . . . . 37. Salvage corps or fire brigade may not be constituted unless authorized A person shall not, without the authority of the Commission, constitute or maintain – (a) any salvage corps for the purpose of salvaging property at fires; or (b) any fire brigade for the purpose of extinguishing fires, elsewhere than on the premises or land owned or occupied by that person or at which that person is employed. Penalty: Fine not exceeding 26 penalty units. 38. . . . . . . . . 39. Attendance at fires (1) On receiving a call to attend a fire or potential fire which is out of the area of operation of a brigade, the brigade chief shall – (a) cause that brigade to attend the fire or potential fire; or (b) attempt to arrange for another brigade to attend that fire or potential fire. (2) . . . . . . . . (3) The functions conferred on a brigade chief under subsection (1) shall, on his instructions or in the case of his absence or incapacity, be performed by the most senior fire officer of the brigade. (4) . . . . . . . . 40. Assistance in relation to civil emergencies (1) A brigade chief, at the request of any person, may cause the brigade under his or her control to render assistance in respect of a civil emergency. (2) The power conferred on a brigade chief under subsection (1) shall, on his instructions or in the case of his absence or incapacity, be exercised by the most senior fire officer of the brigade. (3) Where a brigade renders assistance pursuant to subsection (1) , any member of the brigade who participates in the rendering of that assistance is taken to be engaged in fire-fighting operations for the purposes of section 5 of the Workers Rehabilitation and Compensation Act 1988 and section 19 of the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 . (4) . . . . . . . . 41. Services outside fire-fighting (1) Subject to the directions, or with the approval, of the Chief Officer, a brigade chief may, if he thinks fit – (a) employ any brigade under his command, or allow that brigade to be employed, in the performance of services other than fire-fighting, and use any equipment of the Commission, or allow any such equipment to be used, in the provision of those services; and (b) hire out or lend to, or make available for the use of, any person, any equipment of the Commission. (2) The Commission may fix scales of charges in respect of the hiring out, lending, or making available of any equipment under that subsection. (3) Where any equipment is hired out, lent, or made available under subsection (1) , a charge determined in accordance with the scale of charges referred to in subsection (2) is payable to the Commission. (4) Where it appears to the Commission that the collection of a charge that has been imposed under this section would cause undue hardship on the person on whom it is imposed, the Commission may waive the whole or any part of the charge. (5) Where a brigade is engaged in the performance of services pursuant to subsection (1) , a member of the brigade who participates in the rendering of those services is taken to be engaged in fire-fighting operations for the purposes of section 5 of the Workers Rehabilitation and Compensation Act 1988 and section 19 of the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 . 42. Chain of command The Commission shall determine the chain of command and order of seniority of members of the Fire Service and members of brigades that applies during fire-fighting operations, and such a determination is binding on the persons to whom it relates. 43. Powers of forest officers (1) Subject to this Part, a forest officer may take such steps as he considers necessary to ascertain whether any fire is burning on any of the land specified in subsection (2) and to control or extinguish any fires so burning, and, for that purpose, he may enter upon that land taking with him such persons to assist him as he may require. (2) For the purposes of subsection (1) , the following land is specified: (a) any land within a fire protected area where that area includes the whole or any part of a State forest, or any Crown land; and (b) any land in, or within 3 kilometres of the boundaries of, any State forest. (3) Notwithstanding anything in section 42 , but subject to section 44 , a forest officer who is present at a fire burning within a fire protected area where that area includes the whole or any part of a State forest, or any Crown land, shall have supreme charge of the operation of extinguishing the fire. (4) Where a forest officer is present at a fire (not being a fire referred to in subsection (3) ) he may assist the person having supreme charge of the operation of extinguishing the fire, and, if he so assists that person, any employees of the Forestry corporation under his control shall assist that person in carrying out that operation in accordance with his directions. (5) Where a forest officer is present at a fire at which there is not present a person who has supreme charge of the operation of extinguishing the fire, he may, if he considers the fire constitutes a danger to any State forest, or any Crown land, assume supreme charge of extinguishing or controlling the fire. 44. Powers of officers of Hydro-Electric Corporation Notwithstanding any other provision of this Act, where a fire is burning on any land that is a fire protected area by virtue of section 53 (2) , any authorized officer of the Hydro-Electric Corporation who is present at the fire and who is authorized by the Hydro-Electric Corporation to do so shall have supreme charge of the operation of extinguishing the fire. 45. Powers of authorized national park officers (1) Notwithstanding anything in section 42 , but subject to sections 43 and 44 , where reserved land in the class of national park, State reserve, nature reserve or historic site under the Nature Conservation Act 2002 is within a fire protected area and a fire occurs in that reserved land, an authorized national parks officer who is present at the fire shall have supreme charge of the operation of extinguishing the fire. (2) For the purposes of subsection (1) , authorized national parks officer means a person authorized by the Director of National Parks and Wildlife to exercise the powers of an authorized national parks officer under that subsection. 46. . . . . . . . . 47. Police officers at fires (1) A police officer who is present at a fire shall aid the appropriate fire officer in maintaining the fire officer's authority and in enforcing compliance with the orders and directions of the fire officer in the performance of his functions under this Act. (2) A police officer who is present at a fire shall aid a brigade or group of brigades in the performance of its functions under this Act. (3) A police officer of his own motion may, or, at the request of the appropriate fire officer, shall – (a) close any street, road, lane, or other thoroughfare in the vicinity of a fire; (b) regulate the use of any street, road, lane, or other thoroughfare in the vicinity of the fire; and (c) order to withdraw or, in the event of a refusal to withdraw, remove – (i) any person who, by his presence or otherwise, interferes with any fire-fighting operations; or (ii) any person, other than a member of the Fire Service, who is in or on any land or premises that is burning or is threatened by fire. (4) For the purpose of removing a person from any land or premises as provided in subsection (3) (c) , a police officer may use such force as may be reasonably necessary. (5) In this section fire officer means the person who, under this Act, is in charge of a fire-fighting operation. PART IV - Preventing, controlling, and extinguishing fires 48. Inspection of land and premises (1) In this section, authorised person means an officer of the Fire Service who is authorised in writing by the Commission to enter and inspect land and premises. (2) An authorised person may enter and inspect any land or premises to which this section applies, together with such other persons as he considers necessary, and shall make such recommendations in respect of that land or premises as he considers necessary or desirable for the purpose of – (a) preventing fire; (b) minimizing fire risk; or (c) protecting life and property. (3) On receipt of a recommendation under subsection (2) , the Commission may, if it considers it desirable in the public interest to do so, by notice in an approved form given to the owner or occupier of the land or premises in respect of which the recommendation is made, or the agent of the owner, require the owner, occupier, or agent, as the case may be, to take such steps as it may require and as may be specified in the notice for – (a) preventing fire; (b) minimizing fire risk; or (c) providing precautions for protecting life and property – in respect of that land or premises. (4) A notice referred to in subsection (3) is given for the purpose of that subsection if – (a) it is delivered to the owner or occupier of the land or premises to which it relates or to the agent of the owner; or (b) it is sent by certified mail to the owner, occupier, or agent referred to in paragraph (a) . (5) A person to whom a notice is given under subsection (3) who fails, within such time as may be specified in the notice, to comply with the notice is guilty of an offence and liable to a fine not exceeding 26 penalty units. (6) This section applies to such classes of land and premises as may be prescribed. 49. Fire hazards (1) Where, in the opinion of the Commission or an authorized officer any hedge, vegetation, rubbish, or similar matter in or on any land or premises is in such a condition, or, if permitted to remain in or on the land or premises, would become in such a condition as to constitute a fire danger, the Commission or authorized officer may, by notice in an approved form given to the occupier of the land or premises, require the occupier to take such steps as the Commission or authorized officer may require, and as may be specified in the notice for the – (a) trimming, cutting back, or removal of the hedge; or (b) burning off, or removal of, the vegetation, rubbish, or matter. (2) A notice referred to in subsection (1) is given for the purpose of that subsection if – (a) it is delivered to the occupier of the land or premises to which it relates; or (b) it is sent by certified mail to the occupier, referred to in paragraph (a) . (3) An occupier to whom a notice is given under subsection (1) who fails, within such time as may be specified in the notice, to comply with the notice, is guilty of an offence and liable to a fine not exceeding 26 penalty units. (4) The owner of any land or premises which is unoccupied shall be deemed to be the occupier for the purpose of this section. (5) Where the Commission or an authorized officer reasonably considers that there is on any land – (a) a building or structure that – (i) by reason of its defective construction or condition, inadequate insulation or proximity to inflammable materials – is likely to catch fire and endanger the life of any person; or (ii) by reason of its age, condition or the combustible nature of its materials – is likely in the event of a fire to endanger the life or property of any person; or (iii) by reason of the absence of means of escape or adequate means of escape – is likely in the event of a fire to endanger the life of any person; or (iv) by reason of neglect or damage – is in a structural condition likely to endanger the life or property of any person; or (b) an accumulation of inflammable material or material liable to spontaneous combustion constituting a fire danger to the life or property of any person; or (c) an escape of an inflammable liquid or vapour constituting a fire danger to the life or property of any person; or (d) a hedge, scrub, bush, grass, weeds or other growth that is likely, then or after drying off, to constitute a fire danger to the life or property of any person – the Commission or authorized officer may, by notice in writing given to the council of the municipal area in which that land is situated, require that local council to deal with the fire danger, within such reasonable period of not less than 30 days as is specified in the notice, as if that fire danger were a nuisance under the Local Government Act 1993 . (6) If the occupier or local council refuses or fails to comply with a requirement of the Commission or an authorized officer under subsection (1) or (5) , members of the Fire Service authorised by the Commission for the purpose may enter on the land in question and do all such acts as are reasonably necessary to eliminate the fire danger. (7) The expenses incurred by the Commission in exercising the powers referred to in subsection (6) are a debt due from the occupier or the local council, as the case may be, to the Commission and are recoverable in a court of competent jurisdiction. (8) Where there is on any land any structure, material, or thing that, in the opinion of the Commission, constitutes a fire danger, members of the Fire Service may enter on that land and do all such acts as the Commission considers necessary to remove that risk. (9) The expenses incurred by the Commission in the exercise of the powers conferred on it by subsection (8) are a debt due from the occupier of the land to the Commission and are recoverable in a court of competent jurisdiction. (10) Where – (a) pursuant to subsection (5) , a notice has been served by a local council under section 200 of the Local Government Act 1993 in respect of land; and (b) services have been rendered by a brigade at a fire on that land; and (c) the notice had not been complied with immediately before the rendering of those services by the brigade at that fire – proceedings may be brought in a court of competent jurisdiction by the Commission against the occupier of that land for the recovery of an amount, being a charge for the services rendered by the brigade at the fire determined in accordance with the scale of charges fixed by the Commission under section 109 (1) . (11) In any proceedings brought by the Commission under subsection (10) , the court may decline to make an order for the recovery of the amount referred to in that subsection if the person against whom the proceedings are brought satisfies the court that he took all reasonable steps to comply with the notice or that it was reasonable in all the circumstances that he did not comply with the notice. (12) In this section, authorized officer means an officer of the Fire Service authorized in writing by the Commission to give notices under this section. 50. Protection of public premises (1) On a request made to it by the appropriate authorized officer or a local council, the Commission shall provide such information or advice as may be required in relation to the protection from fire of – (a) a place of assembly within the meaning of the Public Health Act 1997 ; (b) a place of public entertainment within the meaning of Division 8 of Part 5 of the Local Government (Building and Miscellaneous Provisions) Act 1993 ; and (c) premises specified in a licence or permit granted under the Liquor Licensing Act 1990 . (d) . . . . . . . . (2) For the purposes of subsection (1) , authorized officer means – (a) the Secretary of the responsible Department in relation to the following enactments: (i) Public Health Act 1997 ; (ii) Local Government Act 1993 ; (iii) Liquor Licensing Act 1990 ; (iv) . . . . . . . . (v) Education Act 2016 ; (vi) . . . . . . . . (vii) Crown Lands Act 1976 ; or (b) such other persons as may be prescribed. 51. Storage of hazardous and flammable material (1) Where the Commission is satisfied that any hazardous or flammable material is stored or about to be stored or transported or used in such a place or under such conditions as to constitute a danger to life or property, the Commission may – (a) by notice in writing, require the owner or person in charge of the material to take such measures as may be necessary to ensure the safe storage, transportation, or use of the material; or (b) prohibit the storage, transportation, or use of the material. (2) An owner or a person in charge of any material referred to in subsection (1) who fails to comply with any requirement or prohibition imposed by the Commission under subsection (1) is guilty of an offence and liable to a fine not exceeding 26 penalty units. (3) Nothing contained in this section affects any provision of the Explosives Act 2012 , Work Health and Safety Act 2012 or Dangerous Goods (Road and Rail Transport) Act 2010 . 52. Fire alarms (1) The Commission may install and maintain in any public place such fire alarms as the Commission thinks necessary for the protection of life and property from fire, and, for that purpose, may carry out such works as may be necessary for that purpose. (2) Before exercising the power conferred on it by this section, the Commission shall notify any authority having control of the public place in which it proposes to install the fire alarm of its intention to do so, and shall have regard to any reasonable objections made by or on behalf of the authority. (3) If the Commission and any authority having control of a public place fail to agree as to whether or not any fire alarm shall be installed, or as to the location of any fire alarm, the decision of the Commission in respect of the installation or location is final. (4) Before exercising the power conferred on it by this section, the Commission shall consult with the Director, Environment Protection Authority. 53. Fire protected areas (1) The Commission may, by notice published in the Gazette, declare a specified locality to be a fire protected area for the purposes of this Act. (2) The Commission, after consultation with the Hydro-Electric Corporation and by notice published in the Gazette, may declare an area of land vested in or occupied by the Hydro-Electric Corporation for hydro-electric works or purposes to be a fire protected area for the purposes of this Act. (3) An area of land declared under subsection (2) to be a fire protected area continues to be a fire protected area so long as it remains vested in or occupied by the Hydro-Electric Corporation or is required for hydro-electric works or purposes. (4) Any land that immediately before the commencement of the Fire Service Amendment (Miscellaneous) Act 1994 was deemed to be a fire protected area ceases to be a fire protected area on the commencement of that Act. 54. . . . . . . . . 55. . . . . . . . . 56. Formation of firebreaks (1) In this section, a reference to a firebreak authority is a reference to the Commission or the local council exercising on behalf of the Commission any powers conferred by this section. (2) The Commission may, in accordance with this