Fire and Emergency Act 1996

This Act may be cited as the Fire and Emergency Act 1996.

This Act shall come into operation on a date to be fixed by the

Administrator by notice in the Gazette.

approved form means a form approved under section 8A.

authorised means authorised, in writing, by the Commissioner.

auxiliary member means a person appointed under section 13 to be an auxiliary member of the Fire and Rescue Service.

Chief Officer means the person holding or occupying the office of the Chief Officer of the Fire and Rescue Service mentioned in section 8.

Commissioner means the person holding or occupying the office of the Commissioner of Fire and Emergency Services mentioned in section 7(1).

emergency means an occurrence, where effective response is within the capacity and resources of the Fire and Rescue Service as determined by the Commissioner, that:

(b) in any way endangers the safety of the public of the Territory; or

(c) in any way causes or threatens to cause damage to the environment of the Territory.

emergency response area means an area declared under section 4 to be an emergency response area.

fire and emergency response group means a fire and emergency response group established under section 11.

Fire and Rescue Service means the Northern Territory Fire and Rescue Service established by section 5.

fire ban day means a day declared a fire ban day under section 31.

fire investigator means a person appointed as a fire investigator under section 22.

flammable or combustible material includes:

hazard reduction means taking precautionary action and conducting inspections, other than as part of the response to an existing incident, to eliminate or reduce danger by fire or other emergency to life or property.

hazardous material means any of the following:

(b) a hazardous chemical as defined in the Work Health and Safety (National Uniform Legislation) Regulations 2011;

(c) a product or substance that has the potential to harm life, health, property or the environment.

incident means a fire or other emergency.

incident commander means the member or person who, in accordance with section 19, is in command of a fire or other emergency, or the member to whom the powers and functions of the incident commander are transferred under that section.

in the open air means any place other than in a permanent structure.

member means:

(a) an employee, within the meaning of the Public Sector Employment and Management Act 1993, employed in the Fire and Rescue Service; or

occupier, in relation to land, includes:

(a) a person having, or being entitled to, the use or management of land; and

(b) where land is let in separate parts, a person receiving or entitled to receive the rent payable in respect of those separate parts, either on his or her own account or as agent for another person,

and includes a person in occupation of land belonging to the Territory, the Commonwealth or a State or another Territory of the Commonwealth, notwithstanding any want or defect of title to occupy the land.

owner, in relation to land, means the person in actual receipt of, or entitled to receive, the rents and profits of the land or who, if the land was let, would be entitled to receive the rents and profits whether as beneficiary, owner, trustee, executor or mortgagee in possession or as agent or attorney for another person.

permanent structure means a structure of a permanent kind consisting of a roof and fully or partly enclosed sides and includes a caravan but does not include a tent.

permit means a permit granted under section 30.

vehicle includes:

vessel means a ship, barge, boat or other vessel designed to float on water and includes:

(a) an air-cushioned craft capable of being used as a means of transportation on water; and

(b) a structure that floats or is designed to be floatable so as to allow the structure to be towed to a location offshore for oil or gas exploration or production or another industrial application.

volunteer member means a person appointed under section 14 to be a volunteer member of the Fire and Rescue Service.

Note for subsection (1)

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

(2) For the purposes of this Act, a person is taken to light a fire if the person:

(b) aids, procures or counsels another to light, maintain or use the fire; or

(c) being the owner or occupier of the land on which the fire is lit, permits another to light, maintain or use the fire.

The Northern Territory Fire and Rescue Service is established.

The role of the Fire and Rescue Service is, subject to any other Act:

(b) to respond to all hazardous material incidents and transport accident rescues, wherever occurring, in the Territory; and

(c) to respond to incidents, other than those mentioned in paragraph (b), outside an emergency response area when requested by a police officer or a member of an organisation having responsibilities to respond to such incidents and where:

(i) sufficient resources of the Fire and Rescue Service remain available to respond to incidents referred to in paragraph (a); and

(ii) a response is within the resources and capabilities of the Fire and Rescue Service; and

(iii) a response will materially contribute to extinguishing or controlling the fire or dealing with the emergency; and

(ca) to investigate the cause of a fire anywhere in the Territory; and

(i) to eliminate or reduce danger to life or property by fires (other than bushfires) and other emergencies anywhere in the Territory; and

(ii) to eliminate or reduce danger to life or property by bushfires in an emergency response area; and

(cc) to conduct training courses (with or without charge) in relation to any aspect of fire safety; and

(d) to conduct community education and awareness programs relating to fires and other emergencies and, in particular, relating to fire safety and prevention; and

(e) to develop and administer programs designed to promote safety in building structures; and

(f) to exercise those powers and perform those functions that are imposed on it or a member by any other law in force in the Territory.

Commissioner of Fire and Emergency Services.

Administrator from time to time.

Commissioner are to do the following:

Service;

Rescue Service, the Bushfires Council established by section 21 of the Bushfires Management Act 2016 and the Northern

Territory Emergency Service as defined in section 8 of the

Emergency Management Act 2013;

Commissioner's functions.

(1) The Minister may, in writing, appoint a person to act as the Commissioner:

(b) during any period, or during all periods, when the Commissioner is absent or unable to perform the duties of the office.

(2) A person appointed to act as the Commissioner during a vacancy in the office must not continue to act for more than 12 months after the vacancy occurred.

(3) If a person is appointed under subsection (1)(b) and that office becomes vacant while the person is acting, the person may continue to act in that office until:

(4) A person may resign an appointment under subsection (1) by written notice given to the Minister.

(5) A notice of resignation under subsection (4) has effect when accepted by the Minister.

(6) The validity of anything done by a person acting as Commissioner under subsection (1) must not be called in question by reason of the following:

(a) any defect or irregularity in or in connection with the appointment;

The Commissioner may approve forms for this Act.

Officer's functions.

The Minister and Commissioner may, in writing, delegate to a person any of their powers and functions under this Act.