Rural Fires Regulation 2022

This Regulation is the Rural Fires Regulation 2022.

This Regulation commences on the day on which it is published on the NSW legislation website.

Note—

This Regulation repeals and replaces the Rural Fires Regulation 2013, which would otherwise be repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).

In this Regulation—

appropriate authority—see the Act, section 85.

appropriate disciplinary authority, in relation to disciplinary action under section 10, means—

a member of the Service appointed by the Commissioner in relation to the disciplinary action, or

if a member has not been appointed—a disciplinary panel constituted in accordance with the procedure set out in the Service Standards.

brigade register, for a rural fire brigade, means the register for a rural fire brigade required to be kept under the Act, section 20.

Department means the Department of Planning, Industry and Environment.

forestry land means—

land that is—

a State forest, flora reserve or timber reserve within the meaning of the Forestry Act 2012, or

acquired for the purposes of dedication or reservation as a State forest, flora reserve or timber reserve under that Act, or

land on which the Forestry Corporation has obtained the benefit of a forestry right within the meaning of the Conveyancing Act 1919, Part 6, Division 4.

light a fire—see the Act, section 85.

NPWS land means land reserved, or acquired for the purpose of reservation, under the National Parks and Wildlife Act 1974.

Planning for Bush Fire Protection means the document prescribed by the Environmental Planning and Assessment Regulation 2021, section 271.

relevant land means land that is within 8 kilometres, or another distance as may be specified in a bush fire management plan applying to the land, of NPWS land or forestry land.

responsible authority, in relation to a rural fire brigade, means—

if the brigade is formed by a local authority under the Act, section 15(1)—the local authority, or

if the brigade is jointly formed by two or more local authorities under the Act, section 15(2)—the local authority nominated as the responsible authority by a written agreement between the local authorities forming the brigade, or

if the brigade is formed by the Commissioner—the Commissioner.

Service Standard means a policy statement issued by the Commissioner under the Act, section 13.

steam-powered machine means a machine operated by an engine that burns wood, coal or coke.

the Act means the Rural Fires Act 1997.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

A rural fire brigade must have a constitution.

The constitution must—

be in a form approved by the responsible authority for the brigade, and

provide for the following matters—

the council or other governing body of the brigade and its office bearers,

the name of the brigade,

the classification of members of the brigade other than officers,

arrangements for meetings of the brigade,

the voting rights of members of the brigade,

the conduct of fundraising appeals by the brigade and the application of money or a benefit received in the course of an appeal.

The Commissioner may direct the responsible authority for a brigade to approve the form of the constitution of the brigade.

If the responsible authority fails to comply with the direction within 21 days—

the Commissioner may approve the form of the constitution, making provision for the matters referred to in subsection (2), and

the responsible authority may not amend, revoke or replace the constitution.

The Commissioner must review the constitution of the brigade annually to decide whether to amend the constitution.

In deciding whether to amend the constitution, the Commissioner must consider any relevant Service Standards.

For the purposes of the Act, section 18(2), the period of 21 days is prescribed as the period within which the body or person that forms a rural fire brigade must appoint officers for the brigade after being requested to do so by the Commissioner.

A person is eligible to be listed on the brigade register for a rural fire brigade if the person—

complies with the procedures for attaining membership set out in the constitution of the rural fire brigade, and

satisfies the requirements for membership of a rural fire brigade decided by the responsible authority for the brigade.

Note—

Under the Act, section 20, the persons listed on the register for a rural fire brigade required to be kept under that section are the members of the brigade.

However, the responsible authority may refuse to list a person’s name on the brigade register if, in the opinion of the responsible authority, the person is not a fit and proper person to be a member of the brigade.

The responsible authority must give notice of a refusal to the person concerned.

A person’s listing on the brigade register is subject to conditions imposed by the responsible authority.

A person’s membership of a rural fire brigade is initially for a probationary period of 6 months unless the responsible authority for the brigade decides otherwise.

The responsible authority may remove the person’s name from the brigade register for the brigade if, at the end of the probationary period, the person—

has not achieved a satisfactory level of competency required by the Service Standards, or

does not satisfy the requirements for the confirmation of membership set out in the constitution for the brigade, or

has not complied with the conditions of membership imposed by the responsible authority under section 6(4).

The responsible authority for a rural fire brigade must remove the name of a person from the brigade register for the brigade if the person—

dies, or

applies in writing to have the person’s name removed from the brigade register.

The responsible authority for a rural fire brigade may remove the name of a person from the brigade register for the brigade if the person—

is found to have committed a breach of discipline under section 10, or

becomes a mentally incapacitated person, or

is convicted—

in New South Wales of an offence punishable by imprisonment of 12 months or more, or

elsewhere than New South Wales of an offence that, if committed in New South Wales, would be punishable by imprisonment for 12 months or more, or

in the opinion of the responsible authority, is no longer a fit and proper person to be a member of the brigade.

Without limiting the generality of subsection (2)(d), the responsible authority may form an opinion that a person is no longer a fit and proper person to be a member of the rural fire brigade if—

the person is listed on the brigade register for the brigade but has ceased to be an active member of the brigade for a period of 12 months or more, or

the person has not paid the person’s annual subscription fee in accordance with the constitution of the brigade.

The responsible authority must give notice to the person before removing the person’s name from the brigade register under subsection (2)(b), (c) or (d).

Subject to section 9(4), the person’s name may only be removed 21 days after the notice is given.

A person may appeal the following decisions of the responsible authority for a rural fire brigade—

a decision under section 6(2) to refuse to list the person’s name on the brigade register for the brigade, or

a decision under section 8(2)(b), (c) or (d) to remove the person’s name from the brigade register for the brigade.

The appeal must be made to the appropriate appeal authority—

in writing, and

within 21 days of the person being notified of the decision.

After hearing the appeal, the appropriate appeal authority may—

confirm the decision, or

order the responsible authority to list, or to retain, the person’s name on the brigade register.

A person’s name must not be removed from a brigade register if the decision to remove the name is the subject of an appeal until the appeal is either—

withdrawn, or

finally determined by the appropriate appeal authority.

In this section—

appropriate appeal authority means—

if the responsible authority concerned is a local authority—the Commissioner, or

if the responsible authority concerned is the Commissioner—the Minister.

An officer or member of a rural fire brigade or group of rural fire brigades is guilty of a breach of discipline if the officer or member—

contravenes the Act or a provision of this Regulation, or

is negligent, careless, inefficient or incompetent in the discharge of the officer’s or member’s duties, or

fails to comply with the Service Standards.

The appropriate disciplinary authority may take disciplinary action against an officer or member of a rural fire brigade or group of rural fire brigades if—

an alleged breach of discipline is dealt with in accordance with the procedure set out in the Service Standards, and

notice has been given in accordance with section 11(1), and

the officer or member is found to have committed the breach.

The appropriate disciplinary authority may take the following disciplinary action—

reprimand the officer or member,

suspend the officer or member from service with the rural fire brigade or group of rural fire brigades for a specified period,

recommend to the responsible authority that the responsible authority do one or more of the following—

demote the officer or member,

disqualify the officer or member from holding rank in the rural fire brigade or group of rural fire brigades,

remove the officer’s or member’s name from the brigade register for the brigade or brigades,

impose conditions on the officer’s or member’s membership of a rural fire brigade or group of rural fire brigades.

Before taking disciplinary action under section 10, the appropriate disciplinary authority must—

investigate the alleged breach of discipline, and

give the officer or member at least 14 days’ written notice of the following—

the findings of the investigation,

the disciplinary action that the appropriate disciplinary authority proposes to take against the officer or member.

The officer or member may, within 14 days after receiving the notice, appeal to the responsible authority against—

the findings of the appropriate disciplinary authority, or

disciplinary action the appropriate disciplinary authority proposes to take.

On appeal, the responsible authority may—

confirm the decision of the appropriate disciplinary authority, or

recommend that no action be taken against the officer or member, or

recommend that other disciplinary action be taken against the officer or member.

When a rural fire brigade attends a fire or other incident or emergency, the officer in charge of the brigade must ensure the fire control officer and the Commissioner are provided with a report on the incident.

The report must—

be provided to the fire control officer and the Commissioner within the time required by the Service Standards, and

include matters required to be covered in the report by the Service Standards.