Fire Services Regulation 2011

This regulation may be cited as the Fire Services Regulation 2011.

This regulation commences on 1 September 2011.

The dictionary in schedule 5 defines particular words used in this regulation.

A request under section 145B(2) of the Act, must be made to the commissioner in writing and include the following—

the name and address of the person making the request;

the address or location of the adjoining land;

Example of paragraph (b)—

attaching a map or plan showing the location of the adjoining land

the reasons for the request.

The person making the request must give a copy of the request to the occupier of adjoining land.

An application under section 145C(1) of the Act, to the commissioner for a permit to light a fire on any land must include the following—

the applicant’s name and address;

the real property description of the land on which the fire is to be lit (the subject land);

the address or location of the subject land;

the location of the part of the subject land on which the fire is to be lit;

Example of paragraph (d)—

giving a map or plan showing the part of the subject land concerned

the name and address of every occupier of adjoining land known by the applicant;

the steps taken by the applicant to notify every occupier of adjoining land about the application and when the steps were taken;

if the applicant knows an occupier of adjoining land objects to the lighting of the fire—

a statement that the occupier objects; and

any reasons for the objection given to the applicant by the occupier.

For sections 148N(3)(a) and 148O(3)(a) of the Act, the place where a smoke alarm must be installed is on the ceiling of a caravan or motorised caravan.

For sections 148N(3)(c) and 148O(3)(c) of the Act, a smoke alarm must—

comply with AS 3786–2014; and

contain a photoelectric sensor; and

contain a mechanism for silencing the alarm; and

be powered by a battery that is—

built into the smoke alarm in a way that prevents the battery being removed; and

manufactured to power the smoke alarm for at least 10 years without being recharged.

In this section—

AS 3786–2014 means AS 3786–2014 (Australian standard for smoke alarms using scattered light, transmitted light or ionization).

For section 152B(1)(a)(ii) of the Act, this section prescribes persons and purposes for the use of an unregistered vehicle on a road under section 152B of the Act.

Each of the following persons is prescribed for the purpose stated for the person—

a fire service officer assigned to QFR—for a purpose mentioned in section 152B(1)(a)(i)(A), (B) or (C) of the Act;

a member of a fire brigade, or another entity that provides an emergency service, from outside Queensland—for a purpose mentioned in section 152B(1)(a)(i)(A), (B) or (C) of the Act;

a person, including, for example, a mechanic, maintaining or repairing the vehicle—for the purpose of carrying out the maintenance or repair or another purpose incidental to that purpose.

In this section—

fire brigade includes an entity similar to a fire brigade that has the function of extinguishing fire.

For section 152R(4) of the Act, the administration fee to which a local government is entitled for a financial year must be calculated in the following way—

if N is not more than 40,000—the amount worked out using the following formula—

if N is more than 40,000—the amount worked out using the following formula—

In this section—

N means the number of prescribed properties for which the local government gives levy notices for the financial year.

For section 152G(1)(a) of the Act, a part of the State shown on a levy district map is constituted a levy district.

For section 152G(1)(b) of the Act, a levy district shown on a levy district map is assigned the name stated on the levy district map.

In this section—

levy district map means a map held by the commissioner immediately before 1 July 2024—

showing a part of the State as a levy district; and

stating a name for the levy district.

Note—

A copy of a levy district map is available for inspection, without charge, at the head office or a regional office of the department during normal business hours.

For section 152E of the Act, definition prescribed property, each of the following classes of property is prescribed not to be prescribed property—

indigenous land;

property to which any of the following categories apply, if the levy class for the property is class E—

cemetery;

club that is not licensed premises;

church, church hall or community hall;

community protection centre;

library, museum, art gallery or zoo;

tourist attraction (less than 4050m²);

airfield;

showground or racecourse, other than a major Brisbane venue.

In this section—

indigenous land means land held under a following Act by, or on behalf of or for the benefit of, Aboriginal or Torres Strait Islander inhabitants or purposes—

Aboriginal and Torres Strait Islander Land Holding Act 2013;

Aboriginal Land Act 1991;

Land Act 1994;

Torres Strait Islander Land Act 1991.

For each relevant financial year, this section applies in relation to the levy class of a levy district subject to section 8A.

Despite subsection (1AA), the application of this section is not subject to section 8A if the application of section 8A means the levy class of a levy district for a financial year is a higher levy class than the levy class would otherwise be under this section.

Note—

Class A is the highest levy class and class E is the lowest levy class.

The levy class of a levy district for a financial year is class A if, immediately before the financial year, there was in the district a fire station with at least 16 full-time fire officers.

The levy class of a levy district for a financial year is class B if, immediately before the financial year, there was in the district—

a fire station with at least 6 full-time fire officers; and

no fire station with more than 15 full-time fire officers.

The levy class of a levy district for a financial year is class C if, immediately before the financial year, there was in the district—

a fire station with at least 1 full-time fire officer; and

no fire station with more than 5 full-time fire officers.

The levy class of a levy district for a financial year is class D if, immediately before the financial year, there was in the district—

a fire station with at least 1 part-time fire officer; and

no fire station with a full-time fire officer.

The levy class of a levy district for a financial year is class E if the district is not part of a levy class under subsection (1), (2), (3) or (4).

To help users of this regulation, for a levy district mentioned in subsections (1) to (4), the levy class of the district is stated in schedule 1 opposite the district.

If there is an inconsistency between subsections (1) to (4) and schedule 1, the subsection prevails to the extent of the inconsistency.

In this section—

full-time fire officer means a fire officer employed in a fire service on a full-time basis.

part-time fire officer means a fire officer employed in a fire service on a part-time basis.

relevant financial year means each of the following—

the financial year starting on 1 July 2026;

the financial year starting on 1 July 2027;

the financial year starting on 1 July 2028.