Fire and Emergency Services Regulations 1998

For the purposes of section 36D(a) of the Act, land is exempt from the levy if it is —

land owned by a local government that is determined by the Minister, having regard to the advice of the Valuer‑General, not to be improved land; or

land in respect of which a mining tenement, other than a mining lease, is granted or acquired under the Mining Act 1978 or by virtue of the Mining Act 1904 ²; or

land in respect of which a permit for petroleum, a regulated substance, geothermal energy resources, a potential GHG storage formation or a potential GHG injection site is granted under the Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967; or

land —

that is determined by the Minister, having regard to the advice of the FES Commissioner, to be contaminated; and

that is in an area in which, because of that contamination, no services under the emergency services Acts are provided.

In subregulation (1)(d) —

For the purposes of section 36F(1) of the Act, the prescribed emergency services categories are —

ESL category 1; and

ESL category 2; and

ESL category 3; and

ESL category 4; and

ESL category 5.

ESL category 1 applies to an area of Western Australia in which are provided the services of permanent fire brigades and SES Units.

ESL category 2 applies to an area of Western Australia in which are provided the services of a permanent fire brigade, a volunteer fire brigade and SES Units.

ESL category 3 applies to an area of Western Australia in which are provided —

the services of —

a private fire brigade, or a bush fire brigade, supported by permanent fire brigades; or

a volunteer fire brigade supported by permanent fire brigades or by members of staff;

the services of SES Units.

ESL category 4 applies to an area of Western Australia in which are provided —

the services of —

a volunteer fire brigade; or

a private fire brigade; or

a bush fire brigade equipped with breathing apparatus; or

a FES Unit equipped with breathing apparatus;

the services of SES Units.

ESL category 5 applies to an area of Western Australia in which are provided the services of —

a bush fire brigade, a FES Unit or members of staff; and

SES Units.

In this regulation —

For the purposes of section 36J(2)(b) of the Act, the matters that an assessment notice is to include are —

a description of the leviable land; and

if the levy has been determined by reference to the gross rental value of the leviable land, the gross rental value of that land; and

the emergency services category that applies to the leviable land; and

if applicable, the rate in the dollar by reference to which the levy on leviable land in that emergency services category is determined; and

if applicable, details of how the rate referred to in paragraph (d) varies according to the purpose for which the leviable land is used; and

the amount of levy payable and the date on which payment is due; and

if arrangements have been approved under section 36Q(2)(a) of the Act for the levy to be paid by instalments —

the amount of those instalments and the dates on which payment is due; and

any charges approved under section 36Q(2)(b) of the Act that apply to the payment of the levy by instalments;

any discount or other incentive for the early payment of the levy granted under section 36R(1) of the Act; and

any rebate that applies to the levy under the Rates and Charges (Rebates and Deferments) Act 1992; and

any amount of unpaid levy and any interest that has accrued on that amount.

For the purposes of section 36J(2)(b) of the Act, the matters that an assessment notice for the levy year that ends on 30 June 2004 is to be accompanied by are —

a summary of the scheme for which the levy is to provide funds and how that scheme operates and the name of the Act under which it operates; and

a brief description of the emergency services categories; and

a brief description of the transitional arrangements provided for in Schedule 1 to the Fire and Emergency Services Legislation (Emergency Services Levy) Amendment Act 2002 that apply to that levy year; and

the rate of levy determined under section 36G of the Act for that levy year for each of the emergency services categories and any variations to that rate that apply according to the purpose for which the leviable land is used; and

any minimum amount or maximum amount of levy determined for that levy year under section 36I of the Act; and

any rate of interest declared under section 36S of the Act that applies for that levy year to unpaid levy on land in the relevant local government district; and

a reference to the provision in Part 6A Division 8 of the Act for an objection and review in respect of the determination for section 36G(4)(b) or 36I(2)(b) of the Act of the purpose for which the leviable land is used.

For the purposes of section 36J(2)(b) of the Act, the matters that an assessment notice for the levy year that ends on 30 June 2005 is to be accompanied by are the matters referred to in subregulation (2), except for the matters referred to in paragraph (c) of that subregulation.

For the purposes of section 36L(1)(a) of the Act, a local government is to assess the amount of levy payable for a levy year on leviable land owned by a State agency or instrumentality and in the local government’s district if, for that year, the local government is required to give to the agency or instrumentality a rate notice under the Local Government Act 1995 in respect of that land.

Subregulation (1) does not apply to leviable land owned by a State agency or instrumentality in a local government district if, for the relevant levy year, the FES Commissioner gives to the local government a notice that —

states that it is given for the purposes of this subregulation; and

identifies the land and the State agency or instrumentality.

an amount by which the levy was overpaid that is to be refunded; or

an amount by which the levy was underpaid that is to be recovered,

the rate of interest that applies under subsection (2) of section 36X of the Act at the time the relevant objection or review is determined; or

if no rate of interest applies under that subsection at that time, the rate of interest that most recently applied under that subsection before that time.

the rate of interest that applies under subsection (2) of section 36X of the Act at the time the amount becomes due and payable; or

if no rate of interest applies under that subsection at that time, the rate of interest that most recently applied under that subsection before that time.

The FES Commissioner must not under section 18B(3)(i), 18G(3)(e) or 18L(3)(e) of the Act shut off the gas supply to premises unless those premises are residential premises and the gas supply is shut off by closing a valve located above ground on the premises.

If practicable, before shutting off the gas supply under subregulation (1), the FES Commissioner must liaise with the network operator supplying the gas to the premises.

If the FES Commissioner closes a valve under subregulation (1), the FES Commissioner must not re‑open that valve.

The FES Commissioner must not under section 18B(3)(i), 18G(3)(e) or 18L(3)(e) of the Act shut off the gas supply to premises that are not residential premises unless the FES Commissioner has been authorised to do so by the network operator supplying gas to the premises.

If the gas supply to premises is shut off by the FES Commissioner, the FES Commissioner must as soon as practicable after doing so and in any event within 2 hours of doing so give the network operator supplying gas to the premises a notice containing the following information —

the gas supply has been shut off; and

the address of the premises; and

the time at which the gas supply was shut off.

The FES Commissioner must not under section 18B(3)(i), 18G(3)(e) or 18L(3)(e) of the Act disconnect or shut off the electricity supply to premises unless —

the FES Commissioner has been authorised to do so by the network operator supplying the electricity to the premises; and

the person who disconnects or shuts off the electricity supply is, in the opinion of the FES Commissioner, competent to do so and is familiar with the electrical installations on the premises; and

the premises are residential premises; and

electrical installations on the premises are metered by a single, direct connected electricity meter; and

any installation on the premises has a voltage of not more than 415 volts.

If the FES Commissioner disconnects or shuts off the electricity supply to premises under subregulation (6), the FES Commissioner must not reconnect or switch on the electricity supply to those premises.

The FES Commissioner must not under section 18B(3)(i), 18G(3)(e) or 18L(3)(e) of the Act shut off the water supply to premises unless —

the water supply is shut off by a valve located on or immediately adjacent to the premises; and

shutting off the water supply by that valve will not shut off water to any other premises.

If practicable, before shutting off the water supply under subregulation (8), the FES Commissioner must liaise with the person supplying the water to the premises.