Fire Service Act 1979

Fire Service Act 1979

This Act may be cited as the Fire Service Act 1979.

This section and section 1 shall commence on the date of assent to this Act.

Except as provided in subsections (1), (3), and (4), this Act shall commence on a date to be fixed by proclamation.

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).

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.

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 – the escape or potential escape of a non-flammable gas, chemical or other potentially hazardous substance; and the flooding of a building or public place; and the stranding or entrapment of a person or an animal; and 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 – extinguishing a fire; or preventing the outbreak or spread of a fire; or protecting people or property from fire; or preventing or dealing with the spillage of petrol or other flammable liquids; or preventing or dealing with the escape of flammable gases; or rendering assistance in a civil emergency; or 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 carrying out fire safety or fire prevention activities; or 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 – an employee who is a member of a brigade; or an employee who is not a member of a brigade; or 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.

In relation to any land owned or occupied by the Crown, owner or occupier means such officer as may be prescribed.

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.

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 –

the lighting of a fire in a properly constructed fireplace in an enclosed building;

the igniting of any prescribed class of domestic appliance in an enclosed building; or any other prescribed class of fire or any fire lit for a prescribed purpose.

This Act binds the Crown.

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.

There is established by this Act a corporation with the corporate name of "State Fire Commission".

The Commission – has perpetual succession; shall have an official seal; may take proceedings, and be proceeded against, in its corporate name; may, subject to this Act, acquire, hold, and dispose of real and personal property; 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 has the functions imposed, and the powers conferred, on it by or under this or any other Act.

The Commission consists of – the Chief Officer; and a chairperson appointed in accordance with section 7A; and a person nominated by the United Firefighters Union (Tasmanian Branch); and a person nominated by the Tasmanian Retained Firefighters Association; and a person nominated by the Tasmanian Volunteer Fire Brigades Association; and a person nominated by the Secretary of the responsible Department in relation to the Financial Management Act 2016; and 2 persons nominated by the Local Government Association of Tasmania.

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.

The members of the Commission referred to in paragraphs (b), (c), (d), (e) and (f) of subsection (3) are appointed by the Governor.

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.

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.

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.

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.

Schedule 1 has effect with respect to the membership and meetings of the Commission.

The Governor, on the recommendation of the Minister, is to appoint a person as chairperson of the Commission.

The chairperson is to be a person who the Minister considers will carry out the duties of chairperson in an independent and fair manner.

The chairperson holds office for the term, and on the conditions, specified in his or her instrument of appointment.

Subject to any directions given to it by the Minister pursuant to section 11, the functions of the Commission are – to formulate the policy in respect of the administration and operation of the Fire Service; to co-ordinate and direct the development of all fire services throughout the State; to develop effective fire prevention and protection measures throughout the State; to develop and promulgate a State fire protection plan; to standardize, as far as is practicable, fire brigade equipment throughout the State; to establish and maintain training facilities for brigades; to conduct such investigations into fires as it considers necessary, and to prepare reports and recommendations to the Minister arising from those investigations; 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; 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 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.

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.

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.

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.

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.

Subsection (1) does not apply in relation to services provided by a brigade at a fire.

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.

A charge imposed under this section is payable to the Commission.

The Commission, by resolution, may delegate to the Chief Officer any of its functions or powers other than this power of delegation.