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This Act may be cited as the Fire and Emergency Services Act 1998.
[Section 1 amended: No. 22 of 2012 s. 5.]
This Act comes into operation on such day as is fixed by proclamation.
In this Act, unless the contrary intention appears —
annual estimate, in relation to expenditure, means an estimate of expenditure for a financial year;
assessment notice means a notice served under section 36J(1) or 36L(2);
assistance operation means an operation to provide assistance to —
the FES Commissioner; or
a brigade (as defined in the Fire Brigades Act 1942); or
a bush fire brigade (as defined in the Bush Fires Act 1954); or
an SES Unit; or
a VMRS Group; or
the Police Service; or
any other agency, organisation or body that provides emergency services,
in performing functions relating to emergency services;
consultative committee means a committee appointed by the Minister under section 22;
Crown land has the same meaning as it has in the Land Administration Act 1997;
Department means the department of the Public Service principally assisting in the administration of this Act;
emergency services Acts means this Act, the Bush Fires Act 1954 and the Fire Brigades Act 1942;
employed in the Department means employed or engaged in the Department in accordance with section 20(1);
ESL category area means an area of Western Australia that is declared under section 36F(2);
FES activities means —
the prevention, control and extinguishment of fires;
the prevention and control of other incidents;
the provision of emergency services in relation to incidents;
the protection and saving of life and property endangered by incidents;
the promotion of the safety of life and property from incidents;
the rendering safe of the sites of incidents;
the carrying out of —
rescue operations;
search and rescue operations;
marine search and rescue operations;
assistance operations;
monitoring activities;
FES Commissioner means the Fire and Emergency Services Commissioner;
FES Unit means a group of persons approved by the FES Commissioner under section 18M;
Fire and Emergency Services Commissioner means the chief executive officer of the Department;
gross rental value, in relation to land, has the same meaning as it has in the Valuation of Land Act 1978;
hazardous material incident means an actual or impending spillage or other escape of anything the spillage or escape of which causes or threatens to cause injury or death, or damage to property or to the environment;
incident means —
a fire; or
a hazardous material incident; or
a natural disaster; or
an accident or other event that may require the carrying out of —
a rescue operation;
a search and rescue operation;
a marine search and rescue operation;
an assistance operation;
a monitoring activity;
leviable land means land on which the levy is payable;
levy means the emergency services levy determined under Part 6A and imposed under the Emergency Services Levy Act 2002;
levy interest means interest that has accrued on the levy under section 36S;
levy year, in relation to the payment of the levy, means the financial year for which the levy is payable;
marine search and rescue operation means a search and rescue operation that is carried out at sea or in, on or around any body of water;
member of staff means the FES Commissioner or a public service officer or other person employed in the Department;
monitoring activity means an activity carried out for the purpose of finding out about the occurrence of events that might result in a marine search and rescue operation being required (such as monitoring marine radio frequencies or keeping watch for distress flares or signals);
natural disaster means a flood, cyclone or other storm, earthquake, tsunami or other prescribed event;
operating account of the Department means an agency special purpose account established for the purposes of the operations of the Department under the Financial Management Act 2006 section 16(1)(a);
owner, in relation to land, has the meaning given in section 3A;
rescue operation means an operation to rescue or recover a person or property endangered as a result of an accident, explosion or other similar event;
search and rescue operation means an operation to search for, and if necessary rescue or recover, a person or property who or which is lost or endangered as a result of a natural disaster, accident or other event;
SES Unit means a group of persons approved by the FES Commissioner under section 18C;
VMRS Group means a group of persons approved by the FES Commissioner under section 18H.
[Section 3 amended: No. 38 of 2002 s. 4; No. 42 of 2002 s. 4; No. 22 of 2012 s. 6 and 43.]
In this Act —
owner —
in relation to Crown land, means —
a lessee of the land or another person with a right to occupy the land otherwise than as an owner according to paragraph (b) or (c); or
a person with a right to acquire by purchase or otherwise the fee simple of the land;
or
in relation to Crown land that does not have an owner according to paragraph (a) and that —
is vested in a person; or
is dedicated to a purpose of a person; or
is placed under the control of a person,
means that person or, if applicable, the management body within the meaning of the Land Administration Act 1997 for the land; or
in relation to Crown land that does not have an owner according to paragraph (a) or (b), means the State; or
in relation to freehold land that is under the operation of the Transfer of Land Act 1893, means a proprietor within the meaning of that Act, except a mortgagee who is not a mortgagee in possession of the land; or
in relation to land that is subject to the Registration of Deeds Act 1856, means the holder of an interest registered by memorial under that Act, except a mortgagee who is not a mortgagee in possession of the land; or
means a person who —
under the Mining Act 1978, holds in respect of the land a mining tenement within the meaning of that Act; or
in accordance with the Mining Act 1978, holds, occupies, uses, or enjoys in respect of the land a mining tenement within the meaning of the Mining Act 1904 1; or
under the Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967, holds in respect of the land a permit, drilling reservation, lease or licence within the meaning of that Act.
[Section 3A inserted: No. 42 of 2002 s. 5; amended: No. 35 of 2007 s. 93; No. 17 of 2024 s. 433.]
This Act binds the Crown.
[Section 3B inserted: No. 42 of 2002 s. 5.]
In this Division —
FES Ministerial Body means the body corporate of that name established by section 5.
[Section 4 inserted: No. 22 of 2012 s. 7.]
5. FES Ministerial Body, nature of etc.
The FES Ministerial Body is established.
The FES Ministerial Body is a body corporate with perpetual succession.
Proceedings may be taken by or against the FES Ministerial Body in its corporate name.
The FES Ministerial Body is to be governed by the Minister.
The FES Ministerial Body has the status, immunities and privileges of the Crown.
[Section 5 inserted: No. 22 of 2012 s. 7.]
6. FES Ministerial Body, purpose and effect of acts of etc.
The FES Ministerial Body is established to provide a body corporate through which the Minister can perform any of the Minister’s functions under the emergency services Acts that can more conveniently be performed by a body corporate than an individual.
Any acts or things done through the FES Ministerial Body as described in subsection (1) are to be regarded as —
services under the control of the Department for the purposes of the Financial Management Act 2006 section 52; and
operations of the Department for the purposes of Part 5 of that Act.
Despite the employment under the Public Sector Management Act 1994 of ministerial officers for the purpose of assisting the Minister to perform functions that the Minister performs through the FES Ministerial Body, the FES Ministerial Body and those officers are not an organisation for the purposes of that Act.
[Section 6 inserted: No. 22 of 2012 s. 7.]
The FES Ministerial Body is to have a common seal.
A document is duly executed by the FES Ministerial Body if —
the common seal of the FES Ministerial Body is affixed to it in accordance with subsections (3) and (4); or
it is signed on behalf of the FES Ministerial Body by the Minister; or
it is signed on behalf of the FES Ministerial Body, as authorised under subsection (5), by the FES Commissioner or another person.
The common seal of the FES Ministerial Body is not to be affixed to a document except as authorised by the FES Ministerial Body.
The common seal of the FES Ministerial Body is to be affixed to a document in the presence of the Minister, and the Minister is to sign the document to attest that the common seal was so affixed.
The FES Ministerial Body may, by writing under its seal, authorise the FES Commissioner or another person to execute deeds or other documents on behalf of the FES Ministerial Body, either generally or subject to any conditions or restrictions specified in the authorisation.
A document purporting to be executed in accordance with this section is to be presumed to be duly executed until the contrary is shown.
A document executed by the FES Commissioner or another person under this section without the common seal of the FES Ministerial Body is not to be regarded as a deed unless it is executed as a deed as authorised under subsection (5).
When a document is produced bearing a seal purporting to be the common seal of the FES Ministerial Body, it is to be presumed that the seal is the common seal of the FES Ministerial Body until the contrary is shown.
For the purposes of this Act, a facsimile of —
the FES Ministerial Body’s seal; or
the signature of the Minister or a person authorised under subsection (5) to execute deeds or other documents,
may be used, and a deed or other document purporting to be endorsed with such a facsimile is, until the contrary is shown, to be regarded as bearing the facsimile under this subsection.
[Section 7 inserted: No. 22 of 2012 s. 7.]
In this section —
acquire includes taking on lease or licence or in any other manner in which property may be acquired;
dispose of includes disposing of by way of lease or licence or in any other manner in which property may be disposed of.
For the purposes of the emergency services Acts the Minister may —
acquire, hold, manage, improve, develop, dispose of, and otherwise deal in, real and personal property; and
develop and turn to account any technology, software or other intellectual property that relates to the purposes of the emergency services Acts and, for those purposes, apply for, hold, exploit and dispose of any patent, patent rights, copyright or similar rights.
The proceeds of —
the disposal of any real or personal property; or
anything else done by the Minister under subsection (2),
are to be credited to an operating account of the Department.
[Section 8 inserted: No. 22 of 2012 s. 7.]
The Minister may, if the Treasurer approves, borrow sums of money from the Western Australian Treasury Corporation, or as otherwise approved by the Treasurer, for the purposes of the emergency services Acts.
All sums borrowed under subsection (1) are to be credited to an operating account of the Department.
[Section 9 inserted: No. 22 of 2012 s. 7.]
[10. Deleted: No. 22 of 2012 s. 7.]
Subject to the control of the Minister, the FES Commissioner is responsible for the provision and management of emergency services in accordance with the functions given to the FES Commissioner by or under the emergency services Acts.
The FES Commissioner has the functions of —
advising the Minister on all aspects of policy in relation to emergency services;
developing plans for, and providing advice on, the management and use of emergency services;
undertaking, coordinating, managing and providing practical and financial assistance to activities and projects relating to emergency services.
Nothing in this section or another provision of the emergency services Acts limits the functions of the FES Commissioner as a chief executive officer under the Public Sector Management Act 1994.
[Section 11 amended: No. 38 of 2002 s. 7; No. 22 of 2012 s. 9.]
The FES Commissioner may do all things necessary or convenient to be done for or in connection with the performance of the FES Commissioner’s functions.
Without limiting subsection (1) or any other power conferred on the FES Commissioner by the emergency services Acts, the FES Commissioner may —
[(a) deleted]
produce and publish information on matters related to the FES Commissioner’s functions; and
require payment of rent, fees or other charges for the use of any of the Department’s facilities or services; and
make such charges as the FES Commissioner determines for anything done by the FES Commissioner in the performance of the FES Commissioner’s functions under section 26A of the Fire Brigades Act 1942; and
fix the amount of rent, fees or other charges referred to in paragraph (c) or (ca) and may reduce or refund the amount payable in particular cases; and
enter into a contract or arrangement on behalf of the State with a person or body (including a local government, or a department of the Public Service or other agency or instrumentality of the State or the Commonwealth) —
for the performance by that person or body of any work or the supply of equipment or services; or
to provide consultancy or advisory services to that person or body;
and
act in conjunction with a person, a firm or a local government, or a department of the Public Service or other agency or instrumentality of the State or the Commonwealth.
Subsection (2)(c) and (ca) do not apply in relation to any facility, service or other thing in respect of which rent, fees or charges may be prescribed under an emergency services Act.
[(3) deleted]
[Section 12 amended: No. 38 of 2002 s. 8; No. 42 of 2002 s. 6; No. 22 of 2012 s. 10 and 43.]
For the purposes of the functions performed under the emergency services Acts, the Department may use, and operate under, a name (an operational name) —
set out in subsection (2); or
approved or amended under subsection (3).
The following names are operational names —
Bush Fire Service of Western Australia; and
FES Fire and Emergency Services; and
FES Fire Services; and
Western Australia Fire and Rescue Service; and
State Emergency Service; and
Volunteer Marine Rescue Services.
The Minister may by order published in the Gazette —
approve other operational names; or
amend, or cancel the use of, an operational name.
If a group of persons (a brigade) is both a bush fire brigade under the Bush Fires Act 1954 and a volunteer brigade under the Fire Brigades Act 1942, the brigade may, with the approval of the FES Commissioner, operate under the name FES Fire Services Brigade or any other name approved by the FES Commissioner.
[Section 13 amended: No. 38 of 2002 s. 9; No. 22 of 2012 s. 11, 43 and 44.]
[14. Deleted: No. 22 of 2012 s. 12.]