Barrister AI
All legislation
WARegulation
In force
This is the latest official compilation.Check the official source →
reg 24DA

Certain activities authorised by the Fire and Emergency Services Act 1998 excepted from s. 22B(2) of Act

In force
Part IVBurning during restricted times and prohibited times
Division 3Activities to prevent risk to health or safety

24DA Certain activities authorised by the Fire and Emergency Services Act 1998 excepted from s. 22B(2) of Act

(1)

In this regulation, each of the following terms has the meaning given in the Fire and Emergency Services Act 1998 section 3 —

assistance operation

incident

rescue operation

search and rescue operation

(2)

An activity is an activity for the purposes of section 22B(4) of the Act if —

(a)

the activity is hot work (other than rail grinding) or off‑road activity that in either case is carried out to —

(i)

protect and save life and property endangered by incidents; or

(ii)

render safe the sites of incidents; or

(iii)

carry out rescue operations, search and rescue operations, or assistance operations;

and

(b)

the person carrying out the activity —

(i)

is a police officer; or

(ii)

is a bush fire liaison officer designated under section 12(2) of the Act; or

(iii)

is an authorised person as defined in section 14B(1) of the Act; or

(iv)

is an authorised officer or hazard management officer as defined in the Emergency Management Act 2005 section 3; or

(v)

carries it out because of a direction from a person mentioned in subparagraph (ii) to (iv); or

(vi)

is operational staff engaged under the Fire and Emergency Services Act 1998 section 20(2); or

(vii)

is engaging in volunteer activities as defined in the Fire and Emergency Services Act 1998 section 36ZM;

and

(c)

the person carrying out the activity has taken all reasonable precautions to prevent the activity from creating a bush fire danger.

[Regulation 24DA inserted: SL 2021/10 r. 6.]

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.