Western Australia: Fire and Emergency Services Authority of Western Australia Act 1998 (WA)

Western Australia Fire and Emergency Services Act 1998 Western Australia Fire and Emergency Services Act 1998 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 3A. Term used: owner 1 3B. Act binds Crown 1 Part 2 — Administration Division 1 — The Minister 4. Term used: FES Ministerial Body 1 5. FES Ministerial Body, nature of etc. 1 6. FES Ministerial Body, purpose and effect of acts of etc. 1 7. FES Ministerial Body, execution of documents by 1 8. Minister's powers to acquire etc. property 1 9. Minister's power to borrow money 1 Division 2 — The FES Commissioner 11. Functions 1 12. Powers 1 13. Department, use of operational names by 1 Division 3 — Delegation 15. Delegation by Minister and FES Commissioner 1 16. Subdelegation 1 Part 3A — State Emergency Service 18A. FES Commissioner's functions under this Part 1 18B. FES Commissioner's powers for this Part 1 18C. SES Units, approval of etc. by FES Commissioner 1 18D. SES Unit to keep register of its members etc. 1 18E. SES Unit, functions of 1 Part 3B — Volunteer Marine Rescue Services 18F. FES Commissioner's functions under this Part 1 18G. FES Commissioner's powers for this Part 1 18H. VMRS Groups, approval of etc. by FES Commissioner 1 18I. VMRS Group to keep register of its members etc. 1 18J. VMRS Group, functions of 1 Part 3 — FES Units 18K. FES Commissioner's functions under this Part 1 18L. FES Commissioner's powers for this Part 1 18M. FES Units, approval of etc. by FES Commissioner 1 18N. FES Unit to keep register of its members etc. 1 18O. FES Unit, functions of 1 Part 4A — Bush fire prone areas 18P. FES Commissioner may designate bush fire prone areas 1 Part 4 — Staff 19. Terms used 1 20. Classes of staff 1 21. Operational staff and wages staff, engagement and remuneration etc. of 1 22. Operational staff, transfer of to another class 1 Part 5 — Advisory committees 23. Terms used 1 24. Advisory committees, establishing etc. 1 25. Volunteer advisory committees, establishing etc. 1 Part 6A — Emergency services levy Division 1 — Annual estimates of expenditure 36A. Annual estimate, local government to submit and FES Commissioner to pay etc. 1 Division 2 — Emergency services levy and ESL category areas 36B. Annual levy on land in ESL category area 1 36C. Leviable land, FES to compile records of annually 1 36D. Exemptions from levy, regulations as to 1 36E. Exemptions in other enactments do not apply 1 36F. ESL category areas, declaration of etc. 1 Division 3 — Determination and assessment of levy 36G. Minister to determine levy each year; method to be used 1 36H. Levy to be determined by reference to gross rental value etc. 1 36I. Minimum and maximum levy, Minister may determine 1 36J. Assessment of levy and assessment notices, local government's duties as to 1 36K. FES Commissioner to ensure local governments have information 1 36L. Levy on land owned by State etc., local governments and other persons, assessment of 1 36M. When levy is due and payable 1 36N. Levy on land owned by State etc., notice of etc. 1 Division 4 — Payment of emergency services levy 36O. Levy is a charge on land 1 36P. Who is liable to pay levy; payment of levy 1 36Q. Levy to be paid by one payment; Minister may approve instalments etc. 1 36R. Discounts, concessions etc., granting 1 36S. Unpaid levy, interest on 1 36T. Levy, apportioning etc. 1 36UA. Levy etc. paid to FES Commissioner, how to be dealt with 1 Division 5 — Local governments 36U. Levy etc. paid to local government, how to be dealt with 1 36V. Local government to pay levy etc. to FES Commissioner 1 36W. Local governments to be paid certain fees 1 36X. Amounts unpaid under s. 36V, interest on 1 36Y. Ministerial guidelines for this Part, issue of etc. 1 Division 6 — Recovery of unpaid levy 36Z. Unpaid levy etc., recovering etc. 1 36ZA. Question of title to land not to affect jurisdiction 1 Division 7 — Sale of land if levy is unpaid 36ZB. Term used: levy 1 36ZC. Land for which levy unpaid for 3 years, sale of 1 36ZD. Land for which levy unpaid, caveats on etc. 1 Division 8 — Objections and review 36ZE. Purpose for which land used, objecting to determination of 1 36ZF. Application to SAT for review 1 36ZH. Objection does not affect liability to pay levy 1 Division 9 — ESL agreements 36ZI. Terms used 1 36ZJ. ESL agreement, nature of etc. 1 36ZK. Part 6A modified for ESL agreement (Sch. 1A) 1 Division 10 — Fees and charges 36ZL. Emergency services, fees and charges payable for 1 Part 6B — Compensation for injury, loss or damage Division 1 — Preliminary 36ZM. Terms used 1 36ZN. When firefighter disease taken to be injury caused while engaged in volunteer activities 1 36ZO. Application of provisions of WCIM Act under this Part 1 36ZP. Appropriate changes to WCIM Act 1 Division 2 — Insured compensation 36ZQ. Duty to insure 1 36ZR. Amount of insured compensation 1 36ZS. Terms of insurance 1 Division 3 — Uninsured compensation 36ZT. Uninsured compensation for specified diseases 1 36ZU. Additional compensation for specified injuries 1 36ZV. Source of compensation under this Division 1 Division 4 — General 36ZW. Payment of compensation 1 36ZX. Firefighter disease disputes 1 Part 7 — Miscellaneous 37. Protection from personal and vicarious liability 1 38. Department's operating accounts, application of 1 38A. Offences in relation to SES, VMRS and FES operations 1 38B. Unauthorised use etc. of operational names etc., offence 1 38C. Impersonating member of staff etc., offence 1 39. Disclosure etc. of information obtained in course of duty restricted 1 40. Regulations 1 41. Review of Act 1 Part 8 — Savings and transitional provisions relating to the Fire and Emergency Services Legislation Amendment Act 2012 Division 1 — Interpretation 42. Terms used 1 Division 2 — Transfer of Authority's assets, liabilities, etc. 43. Authority (FESA) abolished 1 44. Transfer of assets etc., Minister may order 1 45. Transfer order under s. 44, effect of 1 46. Fire and Emergency Services Authority Account 1 47. Reserve funds 1 48. Authority to complete necessary transactions 1 49. Registration of documents 1 50. Exemption from State tax 1 51. Error in transfer order, correcting 1 Division 3 — Chief executive officer and certain other persons 52. CEO of Authority (FESA) becomes FES Commissioner 1 53. Bush fire liaison officers and Chief Bush Fire Control Officers continue in office 1 54. Fire and Emergency Services Superannuation Board, certain members of continue 1 Division 4 — Consultative committees 55. Committees cease 1 56. Records of committees, transfer of 1 Division 5 — Continuing effect of things done 57. Completion of things commenced 1 58. Continuing effect of things done 1 59. Agreements and instruments generally 1 Division 6 — Other transitional provisions 60. Continuing duty of confidentiality 1 61. Investments 1 62. Transitional regulations 1 63. Saving 1 Schedule 1A — Modification of operation of Part 6A Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Fire and Emergency Services Act 1998 An Act to provide for functions relating to the provision and management of emergency services, and for related purposes. [Long title amended: No. 22 of 2012 s. 4.] Part 1 — Preliminary 1. Short title This Act may be cited as the Fire and Emergency Services Act 1998. [Section 1 amended: No. 22 of 2012 s. 5.] 2. Commencement This Act comes into operation on such day as is fixed by proclamation. 3. Terms used In this Act, unless the contrary intention appears — annual estimate, in relation to expenditure, means an estimate of expenditure for a financial year; assessment notice means a notice served under section 36J(1) or 36L(2); assistance operation means an operation to provide assistance to — (a) the FES Commissioner; or (b) a brigade (as defined in the Fire Brigades Act 1942); or (c) a bush fire brigade (as defined in the Bush Fires Act 1954); or (d) an SES Unit; or (e) a VMRS Group; or (f) the Police Service; or (g) any other agency, organisation or body that provides emergency services, in performing functions relating to emergency services; consultative committee means a committee appointed by the Minister under section 22; Crown land has the same meaning as it has in the Land Administration Act 1997; Department means the department of the Public Service principally assisting in the administration of this Act; emergency services Acts means this Act, the Bush Fires Act 1954 and the Fire Brigades Act 1942; employed in the Department means employed or engaged in the Department in accordance with section 20(1); ESL category area means an area of Western Australia that is declared under section 36F(2); FES activities means — (a) the prevention, control and extinguishment of fires; (b) the prevention and control of other incidents; (c) the provision of emergency services in relation to incidents; (d) the protection and saving of life and property endangered by incidents; (e) the promotion of the safety of life and property from incidents; (f) the rendering safe of the sites of incidents; (g) the carrying out of — (i) rescue operations; (ii) search and rescue operations; (iii) marine search and rescue operations; (iv) assistance operations; (v) monitoring activities; FES Commissioner means the Fire and Emergency Services Commissioner; FES Unit means a group of persons approved by the FES Commissioner under section 18M; Fire and Emergency Services Commissioner means the chief executive officer of the Department; gross rental value, in relation to land, has the same meaning as it has in the Valuation of Land Act 1978; hazardous material incident means an actual or impending spillage or other escape of anything the spillage or escape of which causes or threatens to cause injury or death, or damage to property or to the environment; incident means — (a) a fire; or (b) a hazardous material incident; or (c) a natural disaster; or (d) an accident or other event that may require the carrying out of — (i) a rescue operation; (ii) a search and rescue operation; (iii) a marine search and rescue operation; (iv) an assistance operation; (v) a monitoring activity; leviable land means land on which the levy is payable; levy means the emergency services levy determined under Part 6A and imposed under the Emergency Services Levy Act 2002; levy interest means interest that has accrued on the levy under section 36S; levy year, in relation to the payment of the levy, means the financial year for which the levy is payable; marine search and rescue operation means a search and rescue operation that is carried out at sea or in, on or around any body of water; member of staff means the FES Commissioner or a public service officer or other person employed in the Department; monitoring activity means an activity carried out for the purpose of finding out about the occurrence of events that might result in a marine search and rescue operation being required (such as monitoring marine radio frequencies or keeping watch for distress flares or signals); natural disaster means a flood, cyclone or other storm, earthquake, tsunami or other prescribed event; operating account of the Department means an agency special purpose account established for the purposes of the operations of the Department under the Financial Management Act 2006 section 16(1)(a); owner, in relation to land, has the meaning given in section 3A; rescue operation means an operation to rescue or recover a person or property endangered as a result of an accident, explosion or other similar event; search and rescue operation means an operation to search for, and if necessary rescue or recover, a person or property who or which is lost or endangered as a result of a natural disaster, accident or other event; SES Unit means a group of persons approved by the FES Commissioner under section 18C; VMRS Group means a group of persons approved by the FES Commissioner under section 18H. [Section 3 amended: No. 38 of 2002 s. 4; No. 42 of 2002 s. 4; No. 22 of 2012 s. 6 and 43.] 3A. Term used: owner In this Act — owner — (a) in relation to Crown land, means — (i) a lessee of the land or another person with a right to occupy the land otherwise than as an owner according to paragraph (b) or (c); or (ii) a person with a right to acquire by purchase or otherwise the fee simple of the land; or (b) in relation to Crown land that does not have an owner according to paragraph (a) and that — (i) is vested in a person; or (ii) is dedicated to a purpose of a person; or (iii) is placed under the control of a person, means that person or, if applicable, the management body within the meaning of the Land Administration Act 1997 for the land; or (c) in relation to Crown land that does not have an owner according to paragraph (a) or (b), means the State; or (d) in relation to freehold land that is under the operation of the Transfer of Land Act 1893, means a proprietor within the meaning of that Act, except a mortgagee who is not a mortgagee in possession of the land; or (e) in relation to land that is subject to the Registration of Deeds Act 1856, means the holder of an interest registered by memorial under that Act, except a mortgagee who is not a mortgagee in possession of the land; or (f) means a person who — (i) under the Mining Act 1978, holds in respect of the land a mining tenement within the meaning of that Act; or (ii) in accordance with the Mining Act 1978, holds, occupies, uses, or enjoys in respect of the land a mining tenement within the meaning of the Mining Act 1904 1; or (iii) under the Petroleum and Geothermal Energy Resources Act 1967, holds in respect of the land a permit, drilling reservation, lease or licence within the meaning of that Act. [Section 3A inserted: No. 42 of 2002 s. 5; amended: No. 35 of 2007 s. 93.] 3B. Act binds Crown This Act binds the Crown. [Section 3B inserted: No. 42 of 2002 s. 5.] Part 2 — Administration [Heading inserted: No. 22 of 2012 s. 7.] Division 1 — The Minister [Heading inserted: No. 22 of 2012 s. 7.] 4. Term used: FES Ministerial Body In this Division — FES Ministerial Body means the body corporate of that name established by section 5. [Section 4 inserted: No. 22 of 2012 s. 7.] 5. FES Ministerial Body, nature of etc. (1) The FES Ministerial Body is established. (2) The FES Ministerial Body is a body corporate with perpetual succession. (3) Proceedings may be taken by or against the FES Ministerial Body in its corporate name. (4) The FES Ministerial Body is to be governed by the Minister. (5) The FES Ministerial Body has the status, immunities and privileges of the Crown. [Section 5 inserted: No. 22 of 2012 s. 7.] 6. FES Ministerial Body, purpose and effect of acts of etc. (1) The FES Ministerial Body is established to provide a body corporate through which the Minister can perform any of the Minister's functions under the emergency services Acts that can more conveniently be performed by a body corporate than an individual. (2) Any acts or things done through the FES Ministerial Body as described in subsection (1) are to be regarded as — (a) services under the control of the Department for the purposes of the Financial Management Act 2006 section 52; and (b) operations of the Department for the purposes of Part 5 of that Act. (3) Despite the employment under the Public Sector Management Act 1994 of ministerial officers for the purpose of assisting the Minister to perform functions that the Minister performs through the FES Ministerial Body, the FES Ministerial Body and those officers are not an organisation for the purposes of that Act. [Section 6 inserted: No. 22 of 2012 s. 7.] 7. FES Ministerial Body, execution of documents by (1) The FES Ministerial Body is to have a common seal. (2) A document is duly executed by the FES Ministerial Body if — (a) the common seal of the FES Ministerial Body is affixed to it in accordance with subsections (3) and (4); or (b) it is signed on behalf of the FES Ministerial Body by the Minister; or (c) it is signed on behalf of the FES Ministerial Body, as authorised under subsection (5), by the FES Commissioner or another person. (3) The common seal of the FES Ministerial Body is not to be affixed to a document except as authorised by the FES Ministerial Body. (4) The common seal of the FES Ministerial Body is to be affixed to a document in the presence of the Minister, and the Minister is to sign the document to attest that the common seal was so affixed. (5) The FES Ministerial Body may, by writing under its seal, authorise the FES Commissioner or another person to execute deeds or other documents on behalf of the FES Ministerial Body, either generally or subject to any conditions or restrictions specified in the authorisation. (6) A document purporting to be executed in accordance with this section is to be presumed to be duly executed until the contrary is shown. (7) A document executed by the FES Commissioner or another person under this section without the common seal of the FES Ministerial Body is not to be regarded as a deed unless it is executed as a deed as authorised under subsection (5). (8) When a document is produced bearing a seal purporting to be the common seal of the FES Ministerial Body, it is to be presumed that the seal is the common seal of the FES Ministerial Body until the contrary is shown. (9) For the purposes of this Act, a facsimile of — (a) the FES Ministerial Body's seal; or (b) the signature of the Minister or a person authorised under subsection (5) to execute deeds or other documents, may be used, and a deed or other document purporting to be endorsed with such a facsimile is, until the contrary is shown, to be regarded as bearing the facsimile under this subsection. [Section 7 inserted: No. 22 of 2012 s. 7.] 8. Minister's powers to acquire etc. property (1) In this section — acquire includes taking on lease or licence or in any other manner in which property may be acquired; dispose of includes disposing of by way of lease or licence or in any other manner in which property may be disposed of. (2) For the purposes of the emergency services Acts the Minister may — (a) acquire, hold, manage, improve, develop, dispose of, and otherwise deal in, real and personal property; and (b) develop and turn to account any technology, software or other intellectual property that relates to the purposes of the emergency services Acts and, for those purposes, apply for, hold, exploit and dispose of any patent, patent rights, copyright or similar rights. (3) The proceeds of — (a) the disposal of any real or personal property; or (b) anything else done by the Minister under subsection (2), are to be credited to an operating account of the Department. [Section 8 inserted: No. 22 of 2012 s. 7.] 9. Minister's power to borrow money (1) The Minister may, if the Treasurer approves, borrow sums of money from the Western Australian Treasury Corporation, or as otherwise approved by the Treasurer, for the purposes of the emergency services Acts. (2) All sums borrowed under subsection (1) are to be credited to an operating account of the Department. [Section 9 inserted: No. 22 of 2012 s. 7.] [10. Deleted: No. 22 of 2012 s. 7.] Division 2 — The FES Commissioner [Heading inserted: No. 22 of 2012 s. 8.] 11. Functions (1) Subject to the control of the Minister, the FES Commissioner is responsible for the provision and management of emergency services in accordance with the functions given to the FES Commissioner by or under the emergency services Acts. (2) The FES Commissioner has the functions of — (a) advising the Minister on all aspects of policy in relation to emergency services; (b) developing plans for, and providing advice on, the management and use of emergency services; (c) undertaking, coordinating, managing and providing practical and financial assistance to activities and projects relating to emergency services. (3) Nothing in this section or another provision of the emergency services Acts limits the functions of the FES Commissioner as a chief executive officer under the Public Sector Management Act 1994. [Section 11 amended: No. 38 of 2002 s. 7; No. 22 of 2012 s. 9.] 12. Powers (1) The FES Commissioner may do all things necessary or convenient to be done for or in connection with the performance of the FES Commissioner's functions. (2) Without limiting subsection (1) or any other power conferred on the FES Commissioner by the emergency services Acts, the FES Commissioner may — [(a) deleted] (b) produce and publish information on matters related to the FES Commissioner's functions; and (c) require payment of rent, fees or other charges for the use of any of the Department's facilities or services; and (ca) make such charges as the FES Commissioner determines for anything done by the FES Commissioner in the performance of the FES Commissioner's functions under section 26A of the Fire Brigades Act 1942; and (d) fix the amount of rent, fees or other charges referred to in paragraph (c) or (ca) and may reduce or refund the amount payable in particular cases; and (e) enter into a contract or arrangement on behalf of the State with a person or body (including a local government, or a department of the Public Service or other agency or instrumentality of the State or the Commonwealth) — (i) for the performance by that person or body of any work or the supply of equipment or services; or (ii) to provide consultancy or advisory services to that person or body; and (f) act in conjunction with a person, a firm or a local government, or a department of the Public Service or other agency or instrumentality of the State or the Commonwealth. (2a) Subsection (2)(c) and (ca) do not apply in relation to any facility, service or other thing in respect of which rent, fees or charges may be prescribed under an emergency services Act. [(3) deleted] [Section 12 amended: No. 38 of 2002 s. 8; No. 42 of 2002 s. 6; No. 22 of 2012 s. 10 and 43.] 13. Department, use of operational names by (1) For the purposes of the functions performed under the emergency services Acts, the Department may use, and operate under, a name (an operational name) — (a) set out in subsection (2); or (b) approved or amended under subsection (3). (2) The following names are operational names — (a) Bush Fire Service of Western Australia; and (b) FES Fire and Emergency Services; and (c) FES Fire Services; and (d) Western Australia Fire and Rescue Service; and (e) State Emergency Service; and (f) Volunteer Marine Rescue Services. (3) The Minister may by order published in the Gazette — (a) approve other operational names; or (b) amend, or cancel the use of, an operational name. (4) If a group of persons (a brigade) is both a bush fire brigade under the Bush Fires Act 1954 and a volunteer brigade under the Fire Brigades Act 1942, the brigade may, with the approval of the FES Commissioner, operate under the name FES Fire Services Brigade or any other name approved by the FES Commissioner. [Section 13 amended: No. 38 of 2002 s. 9; No. 22 of 2012 s. 11, 43 and 44.] [14. Deleted: No. 22 of 2012 s. 12.] Division 3 — Delegation [Heading inserted: No. 22 of 2012 s. 13.] 15. Delegation by Minister and FES Commissioner (1) The Minister may, in writing, delegate to the FES Commissioner the performance of any of the Minister's functions under the emergency services Acts, except the Minister's functions under Part 6A. (2A) Without limiting the things that may be delegated under subsection (1), they include things that are to be done in the course of governing the affairs of the FES Ministerial Body under section 5(4). (2) The FES Commissioner may, in writing, delegate — (a) to another member of staff, an advisory committee established under section 24(1) or a public service officer not employed in the Department — the performance of any of the FES Commissioner's functions under the emergency services Acts; and (b) to a member of an SES Unit — any of the FES Commissioner's powers under section 18B; and (c) to a member of a VMRS Group — any of the FES Commissioner's powers under section 18G; and (d) to a member of a FES Unit — any of the FES Commissioner's powers under section 18L. (3) Performance by a delegate of a function delegated under subsection (1) or (2) — (a) is taken to be in accordance with the terms of a delegation under this section, unless the contrary is shown; and (b) is to be treated as performance by the delegator. (4) Except as provided in section 16 a delegation under this section does not include the power to subdelegate. (5) Nothing in this section is to be read as limiting the ability of the FES Commissioner to act through members of staff or agents in the normal course of business. [Section 15 inserted: No. 38 of 2002 s. 10; amended: No. 42 of 2002 s. 7; No. 22 of 2012 s. 14, 43 and 44.] 16. Subdelegation (1) The Minister may, in an instrument by which a function is delegated under section 15(1), authorise the FES Commissioner to subdelegate that function to another member of staff. (2) The FES Commissioner may, in an instrument by which a function is delegated under section 15(2)(a) to a member of staff, authorise the member of staff to subdelegate that function to another member of staff. (3) A subdelegation under this section must be made in writing. (4) Performance by a subdelegate of a function subdelegated under subsection (1) or (2) — (a) is taken to be in accordance with the terms of a subdelegation under this section, unless the contrary is shown; and (b) is to be treated as performance by the delegator who made the original delegation under section 15. (5) Sections 58 and 59 of the Interpretation Act 1984 apply to a subdelegation under this section in the same way as they apply to a delegation. [Section 16 inserted: No. 38 of 2002 s. 10; amended: No. 22 of 2012 s. 15.] [17, 18. Deleted: No. 22 of 2012 s. 16.] Part 3A — State Emergency Service [Heading inserted: No. 38 of 2002 s. 11.] 18A. FES Commissioner's functions under this Part The functions of the FES Commissioner under this Part are — (a) to manage the provision of emergency services in relation to natural disasters; and (b) to provide for the carrying out of search and rescue operations; and (c) to promote the safety of life and property from natural disasters, accidents and other events that may require search and rescue operations to be carried out; and (d) to provide for the carrying out of assistance operations; and (e) to have general responsibility for all SES Units. [Section 18A inserted: No. 38 of 2002 s. 11; amended: No. 22 of 2012 s. 43.] 18B. FES Commissioner's powers for this Part (1) The FES Commissioner may do all things necessary or convenient to be done for or in connection with the performance of the FES Commissioner's functions under this Part. (2) Without limiting subsection (1), for the purpose of performing the FES Commissioner's functions under this Part the FES Commissioner may — (a) provide equipment and training to SES Units; and (b) carry out the functions of an SES Unit. (3) Without limiting subsection (1), for the purpose of — (a) protecting and saving life and property endangered by a natural disaster; or (b) rendering safe the site of a natural disaster; or (c) carrying out a search and rescue operation; or (d) carrying out an assistance operation, the FES Commissioner may — (e) enter any land, building, area of water or other place; and (f) take control of or make use of any land, building, vehicle, vessel or other thing; and (g) damage or destroy any building, vehicle, vessel or other thing; and (h) move any vehicle, vessel or other movable thing; and (i) subject to the regulations, disconnect or shut off any electricity, gas, water or fuel supply, or any drainage facility, or any other service; and (j) restrict or prohibit the movement of persons and vehicles including, if necessary, by the closure of roads or any area of water. (4) In exercising a power under subsection (3) the FES Commissioner may use such force as is reasonably necessary. [Section 18B inserted: No. 38 of 2002 s. 11; amended: No. 42 of 2002 s. 8; No. 22 of 2012 s. 17 and 43.] 18C. SES Units, approval of etc. by FES Commissioner (1) The FES Commissioner may, by notice in the Gazette, approve as an SES Unit any group of persons, however constituted and whether incorporated or not, that the FES Commissioner considers to be appropriate for approval as an SES Unit. (2) The FES Commissioner may, by notice in the Gazette, cancel the approval of an SES Unit if the FES Commissioner considers that it is no longer appropriate for the Unit to be approved. (3) The FES Commissioner must keep a register of SES Units approved under subsection (1) and their members. [Section 18C inserted: No. 38 of 2002 s. 11; amended: No. 22 of 2012 s. 18 and 43.] 18D. SES Unit to keep register of its members etc. An SES Unit must — (a) maintain a register of its members in accordance with the regulations; and (b) notify the FES Commissioner as soon as practicable after any change occurs in any of the details required by the regulations to be recorded in that register. [Section 18D inserted: No. 38 of 2002 s. 11; amended: No. 22 of 2012 s. 43.] 18E. SES Unit, functions of (1) The functions of an SES Unit are — (a) to take all practicable measures — (i) for protecting and saving life and property endangered by natural disasters; and (ii) for rendering safe the site of natural disasters; and (b) to carry out search and rescue operations; and (c) to promote the safety of life and property from natural disasters, accidents and other events that may require search and rescue operations to be carried out; and (d) to carry out assistance operations. (2) For the purposes of performing its functions an SES Unit may — (a) acquire and maintain equipment; and (b) carry out training activities and exercises; and (c) carry out demonstrations and other public education activities; and (d) carry out fundraising and promotional activities; and (e) organise and participate in competitions; and (f) carry out any activities that are reasonably incidental to the performance of its functions (such as travelling, providing communications systems and providing meals); and (g) carry out any other activities that are, or are in a class of activities that is, prescribed. [Section 18E inserted: No. 38 of 2002 s. 11.] Part 3B — Volunteer Marine Rescue Services [Heading inserted: No. 38 of 2002 s. 11.] 18F. FES Commissioner's functions under this Part The functions of the FES Commissioner under this Part are — (a) to provide for the carrying out of monitoring activities and marine search and rescue operations; and (b) to promote the safety of life and property from natural disasters, accidents and other events that may require marine search and rescue operations to be carried out; and (c) to provide for the carrying out of assistance operations; and (d) to have general responsibility for all VMRS Groups. [Section 18F inserted: No. 38 of 2002 s. 11; amended: No. 22 of 2012 s. 43.] 18G. FES Commissioner's powers for this Part (1) The FES Commissioner may do all things necessary or convenient to be done for or in connection with the performance of its functions under this Part. (2) Without limiting subsection (1), for the purpose of performing the FES Commissioner's functions under this Part the FES Commissioner may — (a) provide equipment and training to VMRS Groups; and (b) carry out the functions of a VMRS Group. (3) Without limiting subsection (1), for the purpose of carrying out a marine search and rescue operation or an assistance operation the FES Commissioner may — (a) enter any land, building, area of water or other place; and (b) take control of or make use of any land, area of water, building, vehicle, vessel or other thing; and (c) damage or destroy any building, vehicle, vessel or other thing; and (d) move any vehicle, vessel or other movable thing; and (e) subject to the regulations, disconnect or shut off any electricity, gas, water or fuel supply, or any drainage facility, or any other service; and (f) restrict or prohibit the movement of persons, vehicles and vessels, including, if necessary, by the closure of roads or areas of water. (4) In exercising a power under subsection (3) the FES Commissioner may use such force as is reasonably necessary. [Section 18G inserted: No. 38 of 2002 s. 11; amended: No. 22 of 2012 s. 19 and 43.] 18H. VMRS Groups, approval of etc. by FES Commissioner (1) The FES Commissioner may, by notice in the Gazette, approve as a VMRS Group any group of persons, however constituted and whether incorporated or not, that the FES Commissioner considers to be appropriate for approval as a VMRS Group. (2) The FES Commissioner may, by notice in the Gazette, cancel the approval of a VMRS Group if the FES Commissioner considers that it is no longer appropriate for the Group to be approved. (3) The FES Commissioner must keep a register of VMRS Groups approved under subsection (1) and their members. [Section 18H inserted: No. 38 of 2002 s. 11; amended: No. 22 of 2012 s. 20 and 43.] 18I. VMRS Group to keep register of its members etc. A VMRS Group must — (a) maintain a register of its members in accordance with the regulations; and (b) notify the FES Commissioner as soon as practicable after any change occurs in any of the details required by the regulations to be recorded in that register. [Section 18I inserted: No. 38 of 2002 s. 11; amended: No. 22 of 2012 s. 43.] 18J. VMRS Group, functions of (1) The functions of a VMRS Group are — (a) to carry out monitoring activities and marine search and rescue operations; and (b) to promote the safety of life and property from natural disasters, accidents and other events that may require marine search and rescue operations to be carried out; and (c) to carry out assistance operations. (2) For the purposes of performing its functions a VMRS Group may — (a) acquire and maintain equipment; and (b) carry out training activities and exercises; and (c) carry out demonstrations and other public education activities; and (d) carry out fundraising and promotional activities; and (e) organise and participate in competitions; and (f) carry out any activities that are reasonably incidental to the performance of its functions (such as travelling, providing communications systems and providing meals); and (g) carry out any other activities that are, or are in a class of activities that is, prescribed. [Section 18J inserted: No. 38 of 2002 s. 11.] Part 3 — FES Units [Heading inserted: No. 22 of 2012 s. 21.] 18K. FES Commissioner's functions under this Part The functions of the FES Commissioner under this Part are — (a) to provide for the performance of FES activities; and (b) to have general responsibility for all FES Units. [Section 18K inserted: No. 38 of 2002 s. 11; amended: No. 22 of 2012 s. 43 and 44.] 18L. FES Commissioner's powers for this Part (1) The FES Commissioner may do all things necessary or convenient to be done for or in connection with the performance of the FES Commissioner's functions under this Part. (2) Without limiting subsection (1), for the purpose of performing the FES Commissioner's functions under this Part the FES Commissioner may — (a) perform FES activities; and (b) authorise a FES Unit to perform FES activities; and (c) provide equipment and training to FES Units. (3) Without limiting subsection (1), for the purpose of performing FES activities the FES Commissioner may — (a) enter any land, building, area of water or other place; and (b) take control of or make use of any land, area of water, building, vehicle, vessel or other thing; and (c) damage or destroy any building, vehicle, vessel or other thing; and (d) move any vehicle, vessel or other movable thing; and (e) subject to the regulations, disconnect or shut off any electricity, gas, water or fuel supply, or any drainage facility, or any other service; and (f) restrict or prohibit the movement of persons and vehicles including, if necessary, by the closure of roads or any area of water. (4) In exercising a power under subsection (3) the FES Commissioner may use such force as is reasonably necessary. (5) An authorisation under subsection (2)(b) may be made subject to any conditions, qualifications, limitations or exceptions the FES Commissioner considers appropriate. [Section 18L inserted: No. 38 of 2002 s. 11; amended: No. 22 of 2012 s. 22, 43 and 44.] 18M. FES Units, approval of etc. by FES Commissioner (1) The FES Commissioner may, by notice in the Gazette, approve as a FES Unit any group of persons, however constituted and whether incorporated or not, that the FES Commissioner considers to be appropriate for approval as a FES Unit. (2) The FES Commissioner may, by notice in the Gazette, cancel the approval of a FES Unit if the FES Commissioner considers that it is no longer appropriate for the Unit to be approved. (3) The FES Commissioner must keep a register of FES Units approved under subsection (1) and their members. [Section 18M inserted: No. 38 of 2002 s. 11; amended: No. 22 of 2012 s. 23, 43 and 44.] 18N. FES Unit to keep register of its members etc. A FES Unit must — (a) maintain a register of its members in accordance with the regulations; and (b) notify the FES Commissioner as soon as practicable after any change occurs in any of the details required by the regulations to be recorded in that register. [Section 18N inserted: No. 38 of 2002 s. 11; amended: No. 22 of 2012 s. 43 and 44.] 18O. FES Unit, functions of (1) The function of a FES Unit is to perform those FES activities that the FES Commissioner authorises the Unit to perform under section 18L(2)(b). (2) For the purposes of performing its functions a FES Unit may — (a) acquire and maintain equipment; and (b) carry out training activities and exercises; and (c) carry out demonstrations and other public education activities; and (d) carry out fundraising and promotional activities; and (e) organise and participate in competitions; and (f) carry out any activities that are reasonably incidental to the performance of its functions (such as travelling, providing communications systems and providing meals); and (g) carry out any other activities that are, or are in a class of activities that is, prescribed. [Section 18O inserted: No. 38 of 2002 s. 11; amended: No. 22 of 2012 s. 43 and 44.] Part 4A — Bush fire prone areas [Heading inserted: No. 20 of 2015 s. 4.] 18P. FES Commissioner may designate bush fire prone areas (1) The FES Commissioner may, by order published in the Gazette, designate an area of the State as a bush fire prone area if satisfied that the area is subject, or likely to be subject, to bush fires. (2) The FES Commissioner may, by order published in the Gazette, amend or revoke an order published under subsection (1). [Section 18P inserted: No. 20 of 2015 s. 4.] Part 4 — Staff [Heading inserted: No. 22 of 2012 s. 24.] 19. Terms used In this Part — operational staff means persons engaged under section 20(2); PSMA means the Public Sector Management Act 1994. [Section 19 inserted: No. 22 of 2012 s. 24.] 20. Classes of staff (1) For the purposes of the emergency services Acts, persons are to be employed or engaged in the Department — (a) as public service officers appointed or made available under the PSMA Part 3; or (b) as operational staff; or (c) as wages staff. (2) Operational staff may be engaged — (a) as members or officers of a permanent fire brigade as defined in the Fire Brigades Act 1942 section 4(1); or (b) to perform other functions under the emergency services Acts; or (c) for the purposes of both paragraphs (a) and (b). (3) The provisions of the PSMA prevail over the provisions of the emergency services Acts to the extent of any inconsistency in respect of a person who is engaged under subsection (2) and who is a member of the Senior Executive Service as defined in the PSMA section 3(1). [Section 20 inserted: No. 22 of 2012 s. 24.] 21. Operational staff and wages staff, engagement and remuneration etc. of (1) The PSMA Part 3 does not apply to operational staff or wages staff. (2) The powers to engage, transfer, promote and otherwise manage operational staff and wages staff are vested in the FES Commissioner. (3) The remuneration of, and other terms and conditions of service of, operational staff and wages staff are not to be less favourable than provided for in — (a) an applicable award, order or industrial agreement under the Industrial Relations Act 1979; or (b) the Minimum Conditions of Employment Act 1993. (4) Operational staff may be engaged — (a) on a full‑time or part‑time basis; and (b) for an indefinite period as permanent officers or for a period not exceeding 5 years. (5) Nothing in this section affects the operation of the Industrial Relations Act 1979 Part VID. [Section 21 inserted: No. 22 of 2012 s. 24.] 22. Operational staff, transfer of to another class (1) The FES Commissioner may, if he or she considers that it is in the interests of the Department to do so, determine that — (a) a person who is a member of the operational staff is to become an officer of the class mentioned in section 20(1)(a); or (b) a person who has been the subject of a determination under paragraph (a) is again to become a member of the operational staff. (2) A determination under subsection (1) is only to be made with the consent of the person concerned. (3) Regulations may be made in respect of the entitlement of persons who are the subject of a determination under subsection (1) to rights and benefits that had accrued or were accruing at the time when the determination took effect. [Section 22 inserted: No. 22 of 2012 s. 24.] Part 5 — Advisory committees [Heading inserted: No. 22 of 2012 s. 24.] 23. Terms used In this Part — advisory committee means a committee established under section 24(1); prescribed association means the association or other body of persons that is prescribed as a body that represents — (a) the bush fire brigades under the Bush Fires Act 1954; or (b) the volunteer brigades under the Fire Brigades Act 1942; or (c) the SES Units; or (d) the VMRS Groups; or (e) the FES Units. [Section 23 inserted: No. 22 of 2012 s. 24.] 24. Advisory committees, establishing etc. (1) The Minister may establish committees to provide advice or assistance to the Minister or the FES Commissioner or both of them on matters relevant to the operation or administration of the emergency services Acts. (2) Subsection (1) does not authorise the Minister to establish a body corporate. (3) An advisory committee is to consist of the people the Minister thinks fit to appoint but, except as stated in section 25(4), at least one member is to be appointed from people nominated by the relevant prescribed association. (4) In subsection (3) — relevant prescribed association means the prescribed association the Minister considers has functions relevant to the particular duties and responsibilities of the advisory committee concerned. (5) An advisory committee is to be established by an instrument signed by the Minister that — (a) identifies the members of the committee and the length and conditions of each of their appointments; and (b) sets out the duties and responsibilities of the committee, including whether the committee is established to provide advice or assistance only to the Minister or only to the FES Commissioner or to both of them; and (c) sets out any other matters in relation to the operation and procedures of the committee the Minister considers appropriate. (6) The Minister may, by instrument signed by the Minister, amend or cancel an instrument made under subsection (5). (7) Except to the extent that its procedures are set out in the instrument made under subsection (5), an advisory committee may determine its own procedures. (8) The members of an advisory committee are entitled to any remuneration and allowances the Minister may from time to time determine on the recommendation of the Public Sector Commissioner. [Section 24 inserted: No. 22 of 2012 s. 24.] 25. Volunteer advisory committees, establishing etc. (1) In this section — relevant prescribed association means the prescribed association that has functions relevant to the particular duties and responsibilities of the volunteer advisory committee concerned; volunteer advisory committee means an advisory committee established in accordance with subsection (2). (2) Without limiting section 24(1), the Minister must establish at least one advisory committee under that provision in respect of each kind of brigade, unit or group referred to in a paragraph of subsection (3). (3) A volunteer advisory committee is to provide advice or assistance to the Minister or the FES Commissioner or both of them on matters relevant to the operation or administration of — (a) the bush fire brigades under the Bush Fires Act 1954; or (b) the volunteer brigades under the Fire Brigades Act 1942; or (c) the SES Units; or (d) the VMRS Groups; or (e) the FES Units, according to the kind of brigade, unit or group in respect of which the volunteer advisory committee is established. (4) A volunteer advisory committee is to consist of the people the Minister thinks fit to appoint, but the majority of the members are to be appointed from people nominated by the relevant prescribed association. [Section 25 inserted: No. 22 of 2012 s. 24.] [26-28. Deleted: No. 22 of 2012 s. 24.] [Part 6 (s. 29-36) deleted: No. 22 of 2012 s. 25.] Part 6A — Emergency services levy [Heading inserted: No. 42 of 2002 s. 15.] Division 1 — Annual estimates of expenditure [Heading inserted: No. 42 of 2002 s. 15.] 36A. Annual estimate, local government to submit and FES Commissioner to pay etc. (1) Subject to subsection (2), a local government is to cause an annual estimate of its expenditure in relation to fire and emergency services to be — (a) prepared in the manner and form approved by the Minister; and (b) submitted for the approval of the FES Commissioner by the time determined by the Minister. (2) Subsection (1) does not apply to a local government in relation to a particular year if the Minister gives to the local government written notice that an estimate of its expenditure is not required for that year. (3) The FES Commissioner may give the approval referred to in subsection (1)(b) or may reject the estimate and require the local government to prepare and submit an amended estimate for the approval of the FES Commissioner by the time determined by the Minister. (4) A local government is to comply with a requirement under subsection (3). (5) The FES Commissioner is to pay to a local government, by the time, and in accordance with the procedures, determined by the Minister, an amount equal to the expenditure of the local government approved by the FES Commissioner under this section. [Section 36A inserted: No. 42 of 2002 s. 15; amended: No. 22 of 2012 s. 43.] Division 2 — Emergency services levy and ESL category areas [Heading inserted: No. 42 of 2002 s. 15.] 36B. Annual levy on land in ESL category area Except as otherwise provided in this Part, the levy is payable each year to the FES Commissioner on all land that is located in an ESL category area. [Section 36B inserted: No. 42 of 2002 s. 15; amended: No. 22 of 2012 s. 43.] 36C. Leviable land, FES to compile records of annually The FES Commissioner is to ensure that, for each levy year, a record is compiled, at the time and in the manner approved by the Minister, of all leviable land. [Section 36C inserted: No. 42 of 2002 s. 15; amended: No. 22 of 2012 s. 43.] 36D. Exemptions from levy, regulations as to The regulations may — (a) provide for kinds of land that are exempt or partially exempt from the levy; and (b) specify conditions to which an exemption, or partial exemption, from the levy is subject. [Section 36D inserted: No. 42 of 2002 s. 15.] 36E. Exemptions in other enactments do not apply (1) An enactment passed before the commencement of this section that purports to exempt a person from liability to pay any rate, tax or imposition that could be taken to include the levy does not exempt the person from liability to pay the levy. (2) An enactment passed after the commencement of this section that purports to exempt a person from liability to pay — (a) all rates, taxes or impositions under the laws of Western Australia; or (b) certain rates, taxes or impositions that could be taken to include the levy, does not exempt the person from liability to pay the levy. (3) Subsection (2) does not apply to an enactment that expressly exempts a person from liability to pay the levy. [Section 36E inserted: No. 42 of 2002 s. 15.] 36F. ESL category areas, declaration of etc. (1) For the purposes of subsection (2), the regulations may prescribe different emergency services categories for different kinds of services that are provided under the emergency services Acts. (2) Having regard to the services that are provided under the emergency services Acts in an area of Western Australia, the Minister may, by notice published in the Gazette — (a) declare that the area is in a prescribed emergency services category; or (b) declare that the area to which a declaration under paragraph (a) applies is in a different prescribed emergency services category; or (c) revoke a declaration under this subsection. (3) A notice under subsection (2) cannot have effect in respect of the levy year in which the notice is published. (4) Before a notice is published under subsection (2) in relation to an area of Western Australia, the Minister is to consult with each local government whose local government district is, or is proposed to be, located in that area. [Section 36F inserted: No. 42 of 2002 s. 15.] Division 3 — Determination and assessment of levy [Heading inserted: No. 42 of 2002 s. 15.] 36G. Minister to determine levy each year; method to be used (1) Before the relevant day each year, the Minister, by notice published in the Gazette, is to determine the emergency services levy that is payable for the next levy year on all land that is located in an ESL category area. (2) In subsection (1) — relevant day means — (a) a day declared by the Minister by notice published in the Gazette after consultation with persons who the Minister believes effectively represent the interests of local governments; or (b) if no day is declared under paragraph (a), 31 May. (3) The Minister is to determine the levy that is payable for a levy year on land by reference to — (a) the estimate of expenditure for the levy year approved by the Minister under section 35B, from which is to be deducted for the purposes of the determination — (i) the amount of that expenditure identified under section 35B(2)(a); and (ii) moneys appropriated by Parliament for the levy year for the purposes of the services provided under the emergency services Acts; and (b) any other matter the Minister considers relevant to a proper determination of the levy. (4) Different rates of levy may be determined under subsection (3) according to either or both of the following — (a) the ESL category area in which the land is located; (b) the purpose for which the land is used. (5) In determining the purpose for which any land is used for subsection (4)(b) or section 36I(2)(b), the Minister is to have regard to the advice of the Valuer‑General and to any matters prescribed by the regulations. [Section 36G inserted: No. 42 of 2002 s. 15.] 36H. Levy to be determined by reference to gross rental value etc. (1) Except as otherwise provided in this section and section 36I, the levy payable for a levy year on land is to be determined as a rate in the dollar of the gross rental value of the land in force under the Valuation of Land Act 1978 as at 1 July in the levy year. (2) If during a levy year the gross rental value of land in force under the Valuation of Land Act 1978 as at 1 July in that year is amended as at that date as a result of — (a) an interim valuation made under that Act; or (b) a valuation coming into force under that Act as a result of the amendment of a valuation under that Act; or (c) a new valuation made under that Act in the course of completing a general valuation that has previously come into force, the gross rental value, as so amended and in force as at 1 July, is the gross rental value of the land for the purposes of subsection (1). (3) If, after the required consultation, the Minister considers that it is impracticable or otherwise inappropriate for the levy to be determined as a rate in the dollar of the gross rental value of any land, the Minister may determine the levy — (a) as a rate in the dollar of the gross rental value of a portion of the land; or (b) on any other basis that, after the required consultation, the Minister considers appropriate. (4) In subsection (3) — required consultation, in relation to land, means consultation with the Valuer‑General and with the local government for the district in which the land is located. [Section 36H inserted: No. 42 of 2002 s. 15.] 36I. Minimum and maximum levy, Minister may determine (1) Despite any other provision of this Part, the Minister may determine — (a) the minimum amount of levy payable on land; and (b) the maximum amount of levy payable on land. (2) Different amounts may be determined under subsection (1) according to either or both of the following — (a) the ESL category area in which the land is located; (b) the purpose for which the land is used. [Section 36I inserted: No. 42 of 2002 s. 15.] 36J. Assessment of levy and assessment notices, local government's duties as to (1) Subject to sections 36L and 36N, a local government is to — (a) assess the amount of levy payable for a levy year by each person who owns leviable land in its local government district; and (b) serve written notice of the assessment on the person. (2) The assessment notice is to — (a) state the date the notice was issued and, if section 36G(4)(b) or 36I(2)(b) applies to the determination of the levy payable on the land, the purpose for which the land is used as determined under section 36G(5); and (b) include or be accompanied by any matters prescribed by the regulations. (3) If leviable land is owned by 2 or more persons, service of the assessment notice on one of those persons is taken to be service of the notice on each of them. (4) The assessment notice is to be given by a local government — (a) as part of the rate notice given under section 6.41 of the Local Government Act 1995; or (b) if no rate notice is to be given — as a separate notice. (5) Without limiting sections 75 and 76 of the Interpretation Act 1984, an assessment notice is taken to have been served on the owner of land if it is posted to the address shown for the owner, at the time of posting, in the rate record kept by the local government under section 6.39 of the Local Government Act 1995. [Section 36J inserted: No. 42 of 2002 s. 15.] 36K. FES Commissioner to ensure local governments have information The FES Commissioner is to ensure that a local government is given any information relating to the levy and leviable land that the local government reasonably needs to perform its functions under section 36J. [Section 36K inserted: No. 42 of 2002 s. 15; amended: No. 22 of 2012 s. 43.] 36L. Levy on land owned by State etc., local governments and other persons, assessment of (1) The FES Commissioner — (a) except as provided in the regulations, is to assess the amount of levy payable for a levy year on land owned by the State, a State agency or instrumentality or a local government; and (b) may assess the amount of levy payable for a levy year on land owned by any other person. (2) The FES Commissioner is to serve written notice of the assessment on — (a) in the case of levy payable by the State — the Treasurer; or (b) in the case of levy payable by a State agency or instrumentality — the Treasurer or the agency or instrumentality, as the FES Commissioner considers appropriate; or (c) in the case of levy payable by a local government or another person — the local government or other person. (3) Subsections (2), (3) and (5) of section 36J apply to an assessment notice under this section in the same way as they apply to an assessment notice under that section. [Section 36L inserted: No. 42 of 2002 s. 15; amended: No. 22 of 2012 s. 43.] 36M. When levy is due and payable (1) The levy becomes due and payable on the date determined by the Minister and stated in the assessment notice subject to — (a) subsection (2); and (b) any concession granted under section 36R(1)(b); and (c) any agreement made under section 36R(2); and (d) the Rates and Charges (Rebates and Deferments) Act 1992. (2) The date determined under subsection (1) must not be earlier than 35 days after the date stated in the assessment notice as the date the assessment notice was issued. [Section 36M inserted: No. 42 of 2002 s. 15.] 36N. Levy on land owned by State etc., notice of etc. Despite any other provision of this Part, the FES Commissioner may give notice of the assessment of, and may accept payment of, the levy payable on any land owned by the State, or a State agency or instrumentality, in accordance with arrangements agreed between the Treasurer and the FES Commissioner. [Section 36N inserted: No. 42 of 2002 s. 15; amended: No. 22 of 2012 s. 43.] Division 4 — Payment of emergency services levy [Heading inserted: No. 42 of 2002 s. 15.] 36O. Levy is a charge on land Subject to the Rates and Charges (Rebates and Deferments) Act 1992, the levy, together with any costs of proceedings for the recovery of the levy and any levy interest, is a charge on the leviable land. [Section 36O inserted: No. 42 of 2002 s. 15.] 36P. Who is liable to pay levy; payment of levy (1) A person who is the owner of leviable land is liable to pay the levy for a levy year. (2) The levy is payable — (a) if an assessment notice is served on the person by a local government under section 36J(1) — to the local government; or (b) if an assessment notice is served on the person by the FES Commissioner under section 36L(2) — to the FES Commissioner. (3) If leviable land is owned by 2 or more persons, they are jointly and severally liable to pay the levy. [Section 36P inserted: No. 42 of 2002 s. 15; amended: No. 22 of 2012 s. 43.] 36Q. Levy to be paid by one payment; Minister may approve instalments etc. (1) Subject to subsection (2), the levy is payable by a single payment. (2) The Minister may approve — (a) arrangements for the levy to be paid by instalments; and (b) the charges applicable to payment of the levy by instalments. [Section 36Q inserted: No. 42 of 2002 s. 15.] 36R. Discounts, concessions etc., granting (1) Without limiting the Rates and Charges (Rebates and Deferments) Act 1992, the Minister may — (a) when determining the levy, grant a discount or other incentive for the early payment of the levy; or (b) when determining the levy or at a later date, waive the levy or grant other concessions in relation to the levy. (2) A local government may accept payment of the levy that is due and payable by a person in accordance with an agreement made between the local government and the person. [Section 36R inserted: No. 42 of 2002 s. 15.] 36S. Unpaid levy, interest on (1) Subject to subsection (5), interest accrues on the levy, or an instalment of the levy, that is not paid to a local government or the FES Commissioner, as the case requires, from the time it becomes due and payable. (2) For the purposes of this section, the Minister may, by notice published in the Gazette — (a) declare a rate of interest that applies to any unpaid levy, or to any unpaid levy on land in one or more local government districts, as specified in the notice; or (b) change or revoke a rate of interest declared under paragraph (a). (3) Different rates of interest may be declared under subsection (2) in relation to different local government districts. (4) For the purpose of its recovery, levy interest is taken to be an amount of levy that is due and payable. (5) No interest is to accrue on the levy, or an instalment of the levy, payable by — (a) a person entitled under the Rates and Charges (Rebates and Deferments) Act 1992 to a rebate or deferment in respect of the levy; or (b) a person of a kind prescribed by the regulations. [Section 36S inserted: No. 42 of 2002 s. 15; amended: No. 22 of 2012 s. 43.] 36T. Levy, apportioning etc. (1) The levy payable for a levy year on land — (a) is apportionable between successive owners of the land in respect of time as if the levy accrued from day to day during the levy year; and (b) is apportionable between owners of several portions of the land according to the respective values of the portions. (2) If any part of the levy payable on any land has been paid by a person other than the owner of the land, whether during or after the levy year, the owner is liable, if there is no agreement between them to the contrary, to reimburse that person the amount paid. (3) This section does not affect the liability of a person to pay the levy to a local government or to the FES Commissioner. (4) An unsatisfied judgment or order of a court for the recovery of the levy from a person is not a bar to the recovery of the levy from another person liable under this Part to pay it. [Section 36T inserted: No. 42 of 2002 s. 15; amended: No. 22 of 2012 s. 43.] 36UA. Levy etc. paid to FES Commissioner, how to be dealt with Any levy or levy interest paid to the FES Commissioner under this Part is to be credited to an operating account of the Department. [Section 36UA inserted: No. 22 of 2012 s. 26.] Division 5 — Local governments [Heading inserted: No. 42 of 2002 s. 15.] 36U. Levy etc. paid to local government, how to be dealt with (1) A local government may credit to its municipal fund or trust fund amounts of levy and levy interest paid to the local government. (2) Despite section 6.9(3) of the Local Government Act 1995, a local government may retain interest earned from investing amounts of levy and levy interest credited to its trust fund. [Section 36U inserted: No. 42 of 2002 s. 15; amended: No. 8 of 2009 s. 57.] 36V. Local government to pay levy etc. to FES Commissioner A local government is to pay to the FES Commissioner at the times, and in accordance with the procedures, determined by the Minister after consultation with the local government — (a) the amounts of levy and levy interest paid to the local government; and (b) the amount of levy payable by the local government on any leviable land it owns. [Section 36V inserted: No. 42 of 2002 s. 15; amended: No. 22 of 2012 s. 43.] 36W. Local governments to be paid certain fees (1) The Minister is to determine — (a) the fees to be paid by the FES Commissioner to a local government for the local government's performance of functions under this Part in relation to the assessment, collection and recovery of the levy and levy interest; and (b) times and procedures for the payment of those fees. (2) In making a determination under subsection (1), the Minister may — (a) have regard to the costs reasonably incurred by the local government in making any administrative or other preparations necessary to perform the functions referred to in subsection (1)(a); and (b) consult with persons who the Minister believes effectively represent the interests of local governments. [Section 36W inserted: No. 42 of 2002 s. 15; amended: No. 22 of 2012 s. 43.] 36X. Amounts unpaid under s. 36V, interest on (1) Interest accrues on an amount of levy or levy interest that is received by a local government and not paid to the FES Commissioner from the time it becomes due and payable as determined under section 36V. (2) For the purposes of this section, the Minister may, by notice published in the Gazette — (a) declare a rate of interest that applies to any unpaid amount of levy or levy interest; or (b) change or revoke a rate of interest declared under paragraph (a). (3) An unpaid amount of levy or levy interest, and interest payable on that amount, may be recovered by the FES Commissioner from a local government in a court of competent jurisdiction as a debt due to the State. [Section 36X inserted: No. 42 of 2002 s. 15; amended: No. 22 of 2012 s. 27 and 43.] 36Y. Ministerial guidelines for this Part, issue of etc. (1) The Minister may, for the assistance of the FES Commissioner and local governments, issue guidelines, not inconsistent with this Part, setting out the times and procedures that are determined by the Minister for the purposes of this Part. (2) The Minister may amend the guidelines or revoke them and issue new guidelines. (3) Before the Minister issues or amends guidelines that apply to functions performed by local governments, the Minister is to consult with persons who th