{"id":"fire-and-emergency-services-regulations-2021","name":"Fire and Emergency Services Regulations 2021","slug":"fire-and-emergency-services-regulations-2021","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235518,"registerId":"sa-fire-and-emergency-services-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThese regulations may be cited as the Fire and Emergency Services Regulations 2021.\n3—Interpretation\n\t(1)\tIn these regulations, unless the contrary intention appears—\nAct means the Fire and Emergency Services Act 2005;\nAustralian Standard means a standard of Standards Australia;\nincident management system (being a system that relates to SACFS)—see regulation 5;\noperation, in relation to the activities of SACFS, includes a practice or training session for members of an SACFS organisation;\nrecognised emergency service means—\n\t(a)\tan emergency services organisation; or\n\t(b)\tSouth Australia Police; or\n\t(c)\tSt John Ambulance Australia South Australia Incorporated; or\n\t(d)\tSA Ambulance Service Inc;\nSA Water means the South Australian Water Corporation;\nwelding means all forms of welding, including gas, electrical and chemical welding.\n\t(2)\tA reference in these regulations to the Chief Officer is a reference to the Chief Officer of the emergency services organisation to which the relevant provision relates.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Constitution of Board","content":"Part 2—Constitution of Board\n4—Constitution of Board\nFor the purposes of section 11(1)(e)(iii) of the Act, a person will be taken to have suitable volunteer experience if the person has undertaken voluntary effort for any common or community good within South Australia.\n","sortOrder":1},{"sectionNumber":"Part 3","sectionType":"part","heading":"SACFS","content":"Part 3—SACFS\n","sortOrder":2},{"sectionNumber":"Div 1","sectionType":"division","heading":"Incident management system","content":"Division 1—Incident management system\n5—Incident management system\n\t(1)\tSACFS will prepare and maintain an overall plan for fighting fires and dealing with other emergencies in the country (the incident management system).\n\t(2)\tThe objectives of the incident management system will be to achieve—\n\t(a)\tthe greatest possible protection of life, property and the environment in the case of a fire or other emergency; and\n\t(b)\tthe greatest possible effectiveness and efficiency in the operations of SACFS in the case of a fire or other emergency.\n","sortOrder":3},{"sectionNumber":"Div 2","sectionType":"division","heading":"SACFS organisations","content":"Division 2—SACFS organisations\n","sortOrder":4},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"SACFS brigades","content":"Subdivision 1—SACFS brigades\n6—Constitution of SACFS brigade\n\t(1)\tA group of interested persons may apply to the Chief Officer for the constitution of an SACFS brigade in relation to a particular area of the State.\n\t(2)\tAn application under subregulation (1) may propose that the SACFS brigade be established for a particular purpose associated with SACFS operations in a particular area of the State.\n\t(3)\tAn application under subregulation (1) must—\n\t(a)\tbe made in a manner and form approved by the Chief Officer; and\n\t(b)\tdefine the area in relation to which it is proposed that the brigade be established; and\n\t(c)\tlist the full name, residential address, occupation and date of birth of each person who is applying to be a foundation member of the brigade; and\n\t(d)\tspecify the location of any proposed fire station for the brigade; and\n\t(e)\tif the application falls within the ambit of subregulation (2)—specify the proposed purpose of the brigade; and\n\t(f)\tpropose a constitution for the brigade; and\n\t(g)\tcontain such other information as the Chief Officer may require.\n\t(4)\tIf the Chief Officer establishes an SACFS brigade, the Chief Officer must furnish the brigade with a certificate in the form of Schedule 1.\n7—Registration of members of SACFS brigades\n\t(1)\tA person will not be recognised as a member of an SACFS brigade unless the person is registered as a member of that brigade by the Chief Officer.\n\t(2)\tThe Chief Officer may refuse to register a person as a member of an SACFS brigade if—\n\t(a)\tthe Chief Officer requires the person to undergo a medical examination determined by the Chief Officer and the person fails to pass that examination; or\n\t(b)\tthe Chief Officer considers that the person is not a fit and proper person to be a member of an SACFS brigade; or\n\t(c)\tin the case of a person who is applying to be registered as a firefighter—the Chief Officer considers that the person would not be reasonably available to respond to fires or other emergencies, or otherwise to carry out functions and responsibilities as such a member of the brigade; or\n\t(d)\tthe Chief Officer is satisfied that some other reasonable ground exists on which to refuse registration.\n\t(3)\tAn application to register a person as a member of an SACFS brigade must be in a form approved by the Chief Officer.\n\t(4)\tUnless the Chief Officer otherwise determines, the registration of a person as a member of an SACFS brigade will at first be on probation for a period of 6 months.\n\t(5)\tSubregulation (4) does not apply in relation to a person—\n\t(a)\twho has transferred from one brigade to another brigade; and\n\t(b)\tif so determined by the Chief Officer—whose period between being a member of one brigade and becoming a member of the other brigade does not exceed a period specified by the Chief Officer for the purposes of this provision; and\n\t(c)\twho was not on probation as a member of the brigade from which they have transferred.\n\t(6)\tIf a person successfully completes the period of probation, the registration of that person as a member of an SACFS brigade will be taken to have been confirmed by the Chief Officer.\n\t(7)\tIf a person fails to adequately complete probation the person's registration as a member of an SACFS brigade will, unless the Chief Officer otherwise determines, lapse.\n\t(8)\tSubject to section 70 of the Act, the Chief Officer may terminate the registration of a person as a member of an SACFS brigade on any reasonable ground.\n8—Categories of membership\n\t(1)\tThere will be the following categories of membership in an SACFS brigade:\n\t(a)\tcadet;\n\t(b)\tfirefighter;\n\t(c)\toperational support member;\n\t(d)\thonorary member.\n\t(2)\tA person is eligible to be a cadet if the person is of or above the age of 11 years and under the age of 18 years.\n\t(3)\tThe following provisions apply in relation to cadets:\n\t(a)\ta cadet must not be permitted to attend a fire or other emergency;\n\t(b)\tsubject to the operation of paragraph (a), a cadet may, under the supervision of another member of the brigade, operate pumps and hoses, and travel on fire appliances;\n\t(c)\tcadets may hold their own meetings under the supervision of the brigade captain, or another member of the brigade nominated by the brigade captain;\n\t(d)\ta cadet may attend an ordinary meeting of the brigade, but—\n\t(i)\ta cadet is not eligible to vote on a matter arising for determination at a meeting of the brigade; and\n\t(ii)\ta cadet will not be counted for the purpose of determining a quorum, or any other question relating to the attendance of members of the brigade at a meeting;\n\t(e)\ta cadet may, after attaining the age of 16 years, apply to become a firefighter or operational support member.\n\t(4)\tA person is eligible to be a firefighter or operational support member if the person—\n\t(a)\tis of or above the age of 16 years and has made an application under subregulation (3)(e); or\n\t(b)\tis of or above the age of 18 years.\n\t(5)\tThe brigade must determine the extent (if any) to which an operational support member may engage in fire‑fighting activities as a member of the brigade.\n\t(6)\tThe brigade must, in acting under subregulation (5), comply with any relevant policy issued by the Chief Officer.\n\t(7)\tA person is eligible to be an honorary member of an SACFS brigade if—\n\t(a)\tthe person is a member of the brigade and the nomination is based on the person's service to the brigade, or SACFS more generally, over a significant period of time; or\n\t(b)\tthe person is a member of the community and the nomination is based on the person's service to the brigade, SACFS more generally, or the community.\n\t(8)\tAn application to become a member of an SACFS brigade must be made to the brigade in a manner and form approved by the Chief Officer and, in the case of an application by a person under the age of 18 years, must be accompanied by the written consent of a parent or guardian of the applicant.\n\t(9)\tAn application for membership must be considered at a meeting of the brigade.\n\t(10)\tIf—\n\t(a)\tan SACFS brigade accepts an application; or\n\t(b)\tthe membership category of a person who is a member of an SACFS brigade changes,\nthe brigade must apply to the Chief Officer for registration of that person as a member, or as a member in the person's new category (as the case may be).\n\t(11)\tAn application under subregulation (10) must be made by the end of the month immediately following the month during which the application for membership is accepted, or the category of membership changes.\n\t(12)\tA person may not, without the approval of the Chief Officer, be a member of 2 or more brigades at the same time.\n\t(13)\tA person who becomes an honorary member of an SACFS brigade under subregulation (7) will not be eligible to be elected to any position under these regulations by virtue of the honorary membership or vote at any meeting of the brigade.\n9—Brigade officers\n\t(1)\tPursuant to section 70 of the Act, each SACFS brigade will have the following officers:\n\t(a)\ta brigade captain;\n\t(b)\tunless the Chief Officer otherwise determines—at least 2, but not more than 4, lieutenants (with the order of seniority of the lieutenants being decided in a manner determined by the brigade);\n\t(c)\twith the approval of the Chief Officer—1 or more senior firefighters (with the number of senior firefighters not exceeding the number of lieutenants and the order of seniority of the senior firefighters being decided in a manner determined by the brigade).\n\t(2)\tUnless the Chief Officer otherwise determines, each position referred to in subregulation (1)(b) or (c) will be filled by election.\n\t(3)\tThe specific functions of each officer are set out in Schedule 2.\n10—Prescribed positions\n\t(1)\tSubject to this regulation, each SACFS brigade must have, in addition to its officers—\n\t(a)\ta communications co‑ordinator; and\n\t(b)\ta training co‑ordinator; and\n\t(c)\tan equipment co‑ordinator; and\n\t(d)\ta logistics support co‑ordinator; and\n\t(e)\tan administrative co‑ordinator.\n\t(2)\tUnless the Chief Officer otherwise determines (and subject to subregulation (4)), each position referred to in subregulation (1) will be filled by election.\n\t(3)\tThe specific functions that attach to each position are as determined by the Chief Officer.\n\t(4)\tDespite a preceding subregulation, a brigade captain may decide to assume personally the functions of any position under subregulation (1) and, in that event, the position need not be filled.\n\t(5)\tAn SACFS brigade may, with the approval of the Chief Officer, create such other positions within the brigade as the brigade thinks fit.\n\t(6)\tUnless the Chief Officer otherwise determines, a position under subregulation (5) will be filled in a manner determined by the brigade.\n\t(7)\tA member of an SACFS brigade holding a position under this regulation is responsible to the brigade captain for the performance of the functions that attach to the position.\n11—Brigade elections\n\t(1)\tFor the purposes of this regulation, the Chief Officer will determine whether an SACFS brigade will hold its elections in each year designated by an even number or in each year designated by an odd number.\n\t(2)\tSubject to subregulation (3), brigade elections must be held in July or August of an election year for that brigade.\n\t(3)\tThe Chief Officer may, in special circumstances, allow a brigade to hold its elections at some other time.\n\t(4)\tNominations of candidates for brigade elections will be called by the administrative co‑ordinator of the brigade in accordance with the brigade's constitution.\n\t(5)\tSubject to these regulations, a person is eligible to be nominated for election to a position if the person is a registered member of the brigade.\n\t(6)\tA person is not eligible to be nominated for election to an officer rank if the person—\n\t(a)\twould, if elected, hold the rank of group officer or deputy group officer at the same time; or\n\t(b)\tholds a command or operational rank in another recognised emergency service; or\n\t(c)\thas been disqualified from holding the rank by the Chief Officer.\n\t(7)\tIn addition to subregulation (6), a person is not eligible to be nominated for election as brigade captain unless the person has satisfied the criteria determined by the Chief Officer.\n\t(8)\tThe Chief Officer may, on the application of an SACFS brigade—\n\t(a)\tdetermine that subregulation (6)(a) or (b) will not apply to a particular person; or\n\t(b)\tdispense with a requirement under subregulation (7) if the Chief Officer is satisfied that there is no member of the brigade who satisfies the particular requirement, or that no member of the brigade who satisfies the particular requirement is willing to stand for election as brigade captain.\n\t(9)\tAn election will be held by secret ballot using a method determined by the Chief Officer (unless the election is uncontested).\n\t(10)\tEach member of the brigade attending the meeting at which the elections are held is entitled to vote at the elections.\n\t(11)\tFor the purposes of subregulation (10), a person will be taken to be in attendance at a meeting if the person is in communication with the meeting remotely in a manner approved by the Chief Officer.\n\t(12)\tVoting for a position if only 1 person is to be elected will be conducted as follows:\n\t(a)\teach member will vote for a candidate;\n\t(b)\tafter the votes under paragraph (a) are counted, the candidate with the most votes will be elected.\n\t(13)\tVoting for a position if 2 or more persons are to be elected will be conducted as follows:\n\t(a)\teach member will vote for candidates up to the number required to be elected;\n\t(b)\tafter the votes under paragraph (a) are counted, the candidates with the most votes will be elected to fill the positions up to the number required to be elected.\n\t(14)\tFor the purposes of subregulations (12) and (13), if 2 candidates for a position have an equal number of votes, the person presiding at the election will determine the election by lot with the name drawn being the elected person.\n\t(15)\tA person elected to a position in an SACFS brigade holds that position from 1 September of the year of their election (except if a person is elected after 1 September of a particular election year, in which case the person will hold the position to which they are elected from the date of the election).\n\t(16)\tA person holds a particular position in an SACFS brigade until 31 August in the next election year of the brigade.\n\t(17)\tSubregulation (16) is subject to the following qualifications:\n\t(a)\ta person ceases to hold a position in an SACFS brigade if the person ceases to be a member of that brigade;\n\t(b)\tunless otherwise determined by the Chief Officer in relation to the particular person, a person ceases to hold an officer rank in an SACFS brigade if the person—\n\t(i)\tassumes the rank of group officer or deputy group officer; or\n\t(ii)\tassumes a command or operational rank in another recognised emergency service;\n\t(c)\ta person has resigned from a position in an SACFS brigade by written notice to the brigade;\n\t(d)\ta person has been demoted or disqualified from a particular position by the Chief Officer;\n\t(e)\ta person elected to a position in an SACFS brigade at a supplementary election on account of a casual vacancy holds the position for the balance of the term of the person's predecessor;\n\t(f)\tif a person's successor is not elected by 31 August of an election year, the person may continue to hold the position until a successor is elected.\n\t(18)\tIf—\n\t(a)\ta brigade election fails; or\n\t(b)\ta casual vacancy occurs in a position in a brigade,\nthe brigade must hold a supplementary election in accordance with the brigade's constitution.\n\t(19)\tPending the election of a person to fill a vacant position under subregulation (18)(b) (other than brigade captain), the brigade captain may appoint a member of the brigade to the position on an acting basis.\n\t(20)\tIf the vacant position under subregulation (18)(b) is that of brigade captain—\n\t(a)\tif the brigade is a member of an SACFS group—the group officer; and\n\t(b)\tif the brigade is not a member of an SACFS group—the regional officer,\nmay appoint a member of the brigade to the rank of brigade captain on an acting basis.\n\t(21)\tA person may be re‑elected to a position in an SACFS brigade.\n12—Transfer of membership and resignation\n\t(1)\tA member of an SACFS brigade may, on written application to another brigade, apply to transfer their membership to that other brigade.\n\t(2)\tIf a member of an SACFS brigade transfers to another brigade, a rank that the member holds at brigade level is not transferred.\n\t(3)\tA member of an SACFS brigade may resign by written notice to the brigade.\n13—Suspension of operations\n\t(1)\tThe Chief Officer may suspend the operations of an SACFS brigade for a specified period if—\n\t(a)\tthe membership of the brigade has fallen to a level where, in the opinion of the Chief Officer, the brigade can no longer function effectively; or\n\t(b)\tthe brigade fails to carry out a function under the Act; or\n\t(c)\tthe brigade fails to comply with these regulations.\n\t(2)\tThe Chief Officer must, in determining whether or not to act under subregulation (1), consult with the members of the brigade.\n\t(3)\tThe Chief Officer may—\n\t(a)\textend a period of suspension under this regulation; or\n\t(b)\trevoke a period of suspension under this regulation.\n\t(4)\tThis regulation does not derogate from the power of the Chief Officer to dissolve an SACFS brigade under section 68 of the Act.\n","sortOrder":5},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"SACFS groups","content":"Subdivision 2—SACFS groups\n14—Constitution of an SACFS group\n\t(1)\tTwo or more SACFS brigades may apply to the Chief Officer for the constitution of an SACFS group.\n\t(2)\tAn application under subregulation (1) must—\n\t(a)\tbe made in a manner and form approved by the Chief Officer; and\n\t(b)\tpropose a constitution for the group; and\n\t(c)\tcontain such information as the Chief Officer may require.\n\t(3)\tIf the Chief Officer establishes an SACFS group, the Chief Officer must furnish the group with a certificate in the form of Schedule 3.\n15—Membership of an SACFS group\nAll the members of the SACFS brigades that make up a particular SACFS group will be members of the group.\n16—Group officers\n\t(1)\tPursuant to section 70 of the Act, each SACFS group will have the following officers:\n\t(a)\ta group officer;\n\t(b)\tunless the Chief Officer otherwise determines—at least 1, but not more than 3, deputy group officers.\n\t(2)\tUnless the Chief Officer otherwise determines, each position referred to in subregulation (1)(b) will be filled by election.\n\t(3)\tThe specific functions of each officer are set out in Schedule 4.\n17—Prescribed group positions\n\t(1)\tUnless the Chief Officer otherwise determines, each SACFS group must, in addition to its officers, have—\n\t(a)\ta group communications co‑ordinator; and\n\t(b)\ta group training co‑ordinator; and\n\t(c)\ta group equipment co‑ordinator; and\n\t(d)\ta group finance co‑ordinator; and\n\t(e)\ta group health and safety representative; and\n\t(f)\ta group administrative co‑ordinator.\n\t(2)\tUnless the Chief Officer otherwise determines, each position referred to in subregulation (1) will be filled by election.\n\t(3)\tThe specific functions that attach to each position will be as determined by the Chief Officer.\n\t(4)\tA member of an SACFS group holding a position under this regulation is responsible to the group officer for the performance of the functions that attach to the position.\n18—Group elections\n\t(1)\tFor the purposes of this regulation, the Chief Officer will determine whether an SACFS group will hold its elections in each year designated by an even number or in each year designated by an odd number.\n\t(2)\tSubject to subregulation (3), group elections must be held in July or August of an election year for that group.\n\t(3)\tThe Chief Officer may, in special circumstances, allow a group to hold its elections at some other time.\n\t(4)\tNominations of candidates for group elections will be called by the group administrative co‑ordinator in accordance with the group's constitution.\n\t(5)\tSubject to these regulations, a person is eligible to be nominated for election to a position if the person is a registered member of a brigade in the group.\n\t(6)\tSubject to subregulation (7), a person is not eligible to be nominated for election to an officer rank if the person—\n\t(a)\twould, if elected, hold the rank and an officer rank in a brigade at the same time; or\n\t(b)\tholds a command or operational rank in another recognised emergency service; or\n\t(c)\thas been disqualified from holding the rank by the Chief Officer.\n\t(7)\tThe Chief Officer may, on the application of an SACFS group, determine that subregulation (6)(a) or (b) will not apply to a particular person.\n\t(8)\tIn addition to subregulation (6), a person is not eligible to be nominated for election as group officer unless the person has successfully completed appropriate courses of training approved by the Chief Officer.\n\t(9)\tThe Chief Officer may, on the application of an SACFS group, dispense with the requirement under subregulation (8) if the Chief Officer is satisfied that it is appropriate in the circumstances of the particular case.\n\t(10)\tAn election will be held by secret ballot using a method determined by the Chief Officer (unless the election is uncontested).\n\t(11)\tOne representative from each brigade within the group who is in attendance at the meeting at which the elections are held is entitled to vote at the elections.\n\t(12)\tFor the purposes of subregulation (11), a person will be taken to be in attendance at a meeting if the person is in communication with the meeting remotely in a manner approved by the Chief Officer.\n\t(13)\tVoting for a position if only 1 person is to be elected will be conducted as follows:\n\t(a)\teach brigade representative will vote for a candidate;\n\t(b)\tafter the votes under paragraph (a) are counted, the candidate with the most votes will be elected.\n\t(14)\tVoting for a position if 2 or more persons are to be elected will be conducted as follows:\n\t(a)\teach brigade representative will vote for candidates up to the number required to be elected;\n\t(b)\tafter the votes under paragraph (a) are counted, the candidates with the most votes will be elected to fill the positions up to the number required to be elected.\n\t(15)\tFor the purposes of subregulations (13) and (14), if 2 candidates for a position have an equal number of votes, the person presiding at the election will determine the election by lot with the name drawn being the elected person.\n\t(16)\tA person elected to a position in an SACFS group holds that position from 1 September of the year of the person's election (unless a person is elected after 1 September of a particular election year, in which case the person will hold the position to which the person is elected from the date of the election).\n\t(17)\tA person holds a particular position in an SACFS group until 31 August in the next election year of the group.\n\t(18)\tSubregulation (17) is subject to the following qualifications:\n\t(a)\ta person ceases to hold a position in an SACFS group if the person ceases to be a member of a brigade in the group;\n\t(b)\tunless otherwise determined by the Chief Officer in relation to the particular person, a person ceases to hold an officer rank in an SACFS group if the person—\n\t(i)\tassumes a rank in a brigade; or\n\t(ii)\tassumes a command or operational rank in another recognised emergency service;\n\t(c)\ta person has resigned from a position in an SACFS group by written notice to the administrative co‑ordinator of the group;\n\t(d)\ta person has been demoted or disqualified from a particular position by the Chief Officer;\n\t(e)\ta person elected to a position in an SACFS group at a supplementary election on account of a casual vacancy holds the position for the balance of the term of their predecessor;\n\t(f)\tif a person's successor is not elected by 31 August of an election year, the person may continue to hold their position until a successor is elected.\n\t(19)\tIf—\n\t(a)\ta group election fails; or\n\t(b)\ta casual vacancy occurs in a position in a group,\nthe representatives of the brigades in the group must hold a supplementary election in accordance with the group's constitution.\n\t(20)\tPending the election of a person to fill a vacant position under subregulation (19)(b) (other than group officer), the group officer may appoint a member of a brigade in the group to the position on an acting basis.\n\t(21)\tIf the vacant position under subregulation (19)(b) is that of group officer—\n\t(a)\tthe regional officer may appoint a deputy group officer in the group to the rank of group officer on an acting basis; or\n\t(b)\tif, despite reasonable efforts, the regional officer has not been successful in making an appointment under paragraph (a), the regional officer may, after consultation with the brigades in the group, appoint an SACFS member of a brigade in the group to the rank of group officer on an acting basis; or\n\t(c)\tif, despite reasonable efforts, the regional officer has not been successful in making an appointment under paragraph (a) or (b), the regional officer may, after consultation with the brigades in the group, appoint an SACFS member of a brigade outside the group (but within the SACFS region of the regional officer) to the rank of group officer on an acting basis; or\n\t(d)\tif, despite reasonable efforts, the regional officer has not been successful in making an appointment under paragraph (a), (b) or (c), the Chief Officer may, after consultation with the brigades in the group, appoint an SACFS member of a brigade outside the group to the rank of group officer on an acting basis.\n\t(22)\tA person may be re‑elected to a position in an SACFS group.\n\t(23)\tWhile a person holds the rank of group officer or deputy group officer, the person will be regarded as being on leave of absence from their brigade without loss of continuity of service.\n","sortOrder":6},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Accounts, audits and reporting","content":"Subdivision 3—Accounts, audits and reporting\n19—Accounts and audits\n\t(1)\tEach SACFS organisation that holds any money must open and maintain an operating account at an ADI.\n\t(2)\tAn SACFS organisation must ensure that proper accounting records are kept of the financial affairs of the organisation.\n\t(3)\tAn SACFS organisation must, as soon as practicable after the end of each financial year (but in any event before 31 August immediately following the financial year), prepare an annual financial report for the organisation in a form determined by the Chief Officer.\n\t(4)\tA copy of the annual financial report of an SACFS organisation for a financial year must be presented to the members of the organisation by 31 August immediately following that financial year.\n\t(5)\tAn SACFS organisation must, at the request of the Chief Officer, cause the annual financial report for the organisation and the accounts and accounting records of the organisation to be audited by a person, or person of a class, specified by the Chief Officer.\n\t(6)\tA member of an SACFS organisation must, at the request of the Chief Officer—\n\t(a)\tproduce accounts or other financial records of the organisation in the member's possession for the Chief Officer's inspection; and\n\t(b)\tprovide the Chief Officer with explanations or information relating to the financial affairs of the organisation that the Chief Officer requires.\n\t(7)\tA person who fails to comply with subregulation (6)(a) commits an offence.\nMaximum penalty: $2 000.\n20—Annual returns\nEach SACFS organisation must, on or before 31 August in each year, deliver to the Chief Officer a return (in a form determined by the Chief Officer) containing—\n\t(a)\tthe following information for each member of the organisation at the date of the return:\n\t(i)\tfull name and date of birth;\n\t(ii)\tresidential address and contact telephone number;\n\t(iii)\trank and any position held in the organisation, including a position that the member has been elected to hold commencing on 1 September of that year;\n\t(iv)\tany other information reasonably required by the Chief Officer; and\n\t(b)\ta copy of the financial report of the organisation for the preceding financial year; and\n\t(c)\tsuch other information as the Chief Officer may require.\n","sortOrder":7},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Conduct and discipline of members","content":"Subdivision 4—Conduct and discipline of members\n21—Discipline of members\n\t(1)\tA member of an SACFS organisation who, in the performance of official duties or otherwise—\n\t(a)\tcontravenes or fails to comply with—\n\t(i)\ta provision of the Act or these regulations; or\n\t(ii)\ta provision of a code of conduct for SACFS published by the Chief Officer; or\n\t(iii)\ta direction or order given to the person as a member of SACFS by a person with authority to give that direction or order; or\n\t(iv)\ta provision of the SACFS organisation's constitution; or\n\t(b)\tbehaves in a manner that—\n\t(i)\treflects or is likely to reflect adversely on SACFS; or\n\t(ii)\tis prejudicial to good order and discipline in SACFS; or\n\t(c)\twithout sufficient cause, disobeys a lawful direction to carry out official duties promptly and diligently; or\n\t(d)\tis negligent in carrying out a lawful duty or direction; or\n\t(e)\timproperly obtains or seeks to obtain a benefit or advantage for themself or another person from their position or rank as a SACFS member; or\n\t(f)\tmakes improper use of SACFS property or equipment,\nis liable to disciplinary action.\n\t(2)\tIf the Deputy Chief Officer, suspects on reasonable grounds that a member of an SACFS organisation may be liable to disciplinary action, the Deputy Chief Officer may carry out an investigation in relation to the matter.\n\t(3)\tThe Chief Officer may, pending the outcome of any process under this regulation and if the Chief Officer thinks fit, suspend the member from service with SACFS.\n\t(4)\tIf, after an investigation, the Deputy Chief Officer recommends to the Chief Officer that there are grounds for disciplinary action against the member, the Chief Officer—\n\t(a)\tmust give notice in writing of that fact to the member; and\n\t(b)\tmay—\n\t(i)\tafter observing the requirements of section 70(12) of the Act, determine to take action under section 70(11) of the Act (on reasonable grounds); or\n\t(ii)\tdetermine not to take action in relation to the matter.\n\t(5)\tThe Chief Officer may, on the basis of a determination under subregulation (4)(b)(i)—\n\t(a)\treprimand the member;\n\t(b)\tsuspend the member for a specified period.\nThe disciplinary powers prescribed are in addition to the powers set out in section 70(11) of the Act.\n\t(6)\tThe Chief Officer may appoint another officer to exercise and perform the powers and functions of the Deputy Chief Officer under this regulation.\n","sortOrder":8},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"Miscellaneous matters","content":"Subdivision 5—Miscellaneous matters\n22—Incident reports\n\t(1)\tWhen an SACFS organisation attends a fire or other emergency, the commanding officer of that organisation must ensure that the Chief Officer is furnished with a report on the incident and its handling by the SACFS organisation.\n\t(2)\tWhen an entity other than an SACFS organisation attends and assumes control at a fire or other emergency in the country, the highest ranking officer with responsibility for that other entity at the fire or other emergency must ensure that the Chief Officer is furnished with a report on the incident and its handling by the entity.\n\t(3)\tA report under this regulation must—\n\t(a)\tbe furnished to the Chief Officer within a period determined by the Chief Officer; and\n\t(b)\tbe in a form determined by the Chief Officer; and\n\t(c)\tcontain the name of each member of the SACFS organisation or other entity who attended the fire or other emergency.\n23—Absence from SACFS duties\n\t(1)\tA member of an SACFS organisation may apply to their commanding officer for leave of absence.\n\t(2)\tA commanding officer may grant up to 3 months leave of absence.\n\t(3)\tIf an applicant requires more than 3 months leave of absence, the application must be forwarded to the regional officer for the member's SACFS organisation, together with a recommendation on the application from the commanding officer.\n\t(4)\tThe regional officer may, on receipt of an application under subregulation (3), grant such leave of absence as the regional officer thinks fit.\n\t(5)\tIn deciding whether or not to grant leave of absence (or to recommend such leave), a commanding officer must take into account the effect (if any) that the granting of the leave would have on the ability of the relevant SACFS organisation to perform its functions under the Act effectively and efficiently.\n\t(6)\tIf a member of an SACFS organisation, without reasonable excuse, fails to regularly attend as required without leave of absence, the organisation may cancel the member's membership.\n\t(7)\tBefore taking action in respect of a person under subregulation (6), the SACFS organisation must—\n\t(a)\tgive the person a reasonable opportunity to make submissions in relation to the proposed course of action; and\n\t(b)\ttake a vote of the members of the organisation on the proposed cancellation.\n24—Dissolution of SACFS organisation—consultation requirements\n\t(1)\tThis regulation sets out the requirements contemplated by section 68(8) of the Act.\n\t(2)\tThe Chief Officer must, before determining to dissolve an SACFS organisation—\n\t(a)\tconsult in relation to the matter with—\n\t(i)\tthe members of the organisation; and\n\t(ii)\tthe Country Fire Service Volunteers Association; and\n\t(b)\tgive notice of the proposed dissolution—\n\t(ii)\tin a newspaper circulating throughout the local area in relation to which the SACFS organisation is constituted; and\n\t(iii)\tto any member of the House of Assembly whose electoral district includes any part of the area in relation to which the SACFS organisation is constituted.\n\t(3)\tFor the purposes of subregulation (2)(a), the Chief Officer must—\n\t(a)\torganise a meeting at which the Chief Officer, or a representative or representatives of the Chief Officer, can meet with the members of the organisation (or their representative or representatives); and\n\t(b)\tinvite the Country Fire Service Volunteers Association to—\n\t(i)\tmake written submissions to the Chief Officer in relation to the matter; or\n\t(ii)\thave a representative, or representatives, attend a meeting with the Chief Officer or a representative or representatives of the Chief Officer,\nas the Association sees fit.\n25—Brigades formed by various government agencies\nExcept to such extent as the Chief Officer may otherwise determine, this Part may extend to a brigade formed or operated by a government department, or another agency or instrumentality of the Crown, for the purpose of fighting fires in the country.\n","sortOrder":9},{"sectionNumber":"Div 3","sectionType":"division","heading":"Industry Brigades","content":"Division 3—Industry Brigades\n26—Designation of area\n\t(1)\tFor the purposes of section 69B of the Act, in preparing a written notice to designate an area of land for the establishment of an industry brigade, the Chief Officer must—\n\t(a)\tin the case of an industry brigade being established in respect of a forestry plantation—\n\t(i)\tidentify the designated area, within a radius of 25 km of a central point determined by the Chief Officer, with 1 or more plantation holdings amounting to an aggregate of not less than 500 ha—\n\t(A)\tlocated wholly or partially within the area; or\n\t(B)\tcontiguous with plantation holdings located wholly or partially within the area; and\n\t(ii)\tconsider the following matters:\n\t(A)\tthe size, location, topography, number and dispersion of the plantation holdings that will form the designated area;\n\t(B)\tthe characteristics of the area, including—\n\t•\tthe location of roads; and\n\t•\tthe existing capacity for the suppression of fires; and\n\t•\tthe past incidence of fire; and\n\t•\tthe risk posed by fire to plantation holdings and the community; and\n\t(iii)\tbe satisfied that—\n\t(A)\tthere is no other industry brigade in another designated area that is able and willing to provide adequate services for the suppression of fires and the saving of life at fires in the designated area; and\n\t(B)\tthere is sufficient availability of competent persons to become members of the brigade; or\n\t(b)\tin the case of an industry brigade established for any other purpose—\n\t(i)\tidentify the designated area, within a radius specified in the notice of a central point determined by the Chief Officer located wholly or partially within the area; and\n\t(ii)\tconsider the following matters:\n\t(A)\tthe size, location, topography, amount and dispersion of vegetation within the designated area;\n\t(B)\tthe assets and infrastructure within the designated area;\n\t(C)\tthe characteristics of the area, including—\n\t•\tthe location of roads; and\n\t•\tthe existing capacity for the suppression of fires or other emergencies; and\n\t•\tthe past incidence of fire or other emergencies; and\n\t•\tthe risk posed by fire to vegetation, assets, infrastructure and the community; and\n\t(D)\tany other risk factors identified within the designated area, including the use or presence of chemicals, explosives or flammable materials; and\n\t(iii)\tbe satisfied that—\n\t(A)\tthere is no other industry brigade in another designated area that is able and willing to provide adequate services for the suppression of fires and the saving of life at fires or other emergencies in the designated area; and\n\t(B)\tthere is sufficient availability of competent persons to become members of the brigade.\n\t(2)\tBefore designating an area for the establishment of an industry brigade, the Chief Officer must—\n\t(a)\tconsult all owners and occupiers of land in the area by—\n\t(i)\tspecifying the reasons for the decision to designate the area; and\n\t(ii)\tproviding a map of the area to be designated; and\n\t(b)\tat least 28 days before designating the area, give notice of the proposed designated area—\n\t(ii)\tin a newspaper circulating throughout the local area in which the proposed designated area is located.\n\t(3)\tThe Chief Officer must keep a register of designated areas for industry brigades available on a website determined by the Chief Officer.\n27—Formation of industry brigade\nA notice under section 69C(1) of the Act must—\n\t(a)\tstate the reasons why the requirement to form the brigade has been made; and\n\t(b)\tidentify the officers and members which the Chief Officer has determined are to be provided for the brigade at the expense of the prescribed person; and\n\t(c)\tidentify the equipment or apparatus for undertaking the responsibilities of the industry brigade, which the Chief Officer has determined is to be provided for the brigade at the expense of the prescribed person; and\n\t(d)\tstate the Chief Officer's training, operational and administrative requirements of the prescribed person; and\n\t(e)\tstate that the prescribed person must apply to the Chief Officer for registration of the industry brigade.\n","sortOrder":10},{"sectionNumber":"Div 4","sectionType":"division","heading":"Fire prevention authorities and plans—country areas and urban bushfire risk areas","content":"Division 4—Fire prevention authorities and plans—country areas and urban bushfire risk areas\n28—Bushfire Management Area Plans\nFor the purposes of section 73A(7)(c) of the Act, a period of 6 weeks is prescribed.\n","sortOrder":11},{"sectionNumber":"Div 5","sectionType":"division","heading":"Fire prevention","content":"Division 5—Fire prevention\nSubdivision 1—Preliminary\n29—Interpretation\n\t(1)\tIn this Division, unless the contrary intention appears—\naircraft does not include model aircraft (other than fuel powered model aircraft) or hot air balloons;\ncommercial premises means a building or other structure that is fixed to the ground and connected to a reticulated or stored water supply and that is used for retail or manufacturing;\ndomestic premises means a building or other structure that is fixed to the ground and connected to a reticulated or stored water supply and that is occupied as a place of residence but does not include a caravan;\nflammable gas means liquefied petroleum gas, reticulated gas, compressed natural gas or acetylene;\nforeshore means the foreshore of the sea along the coastline of the State and includes the area from low water mark to the nearest bush, standing grass or road (as the case may be);\ngas fire means an appliance that only uses flammable gas as a fuel and includes hot air balloons;\nland holding means a continuous area of land subject to the same occupation (and for the purposes of this definition, separate parcels of land subject to the same occupation divided by a road or railway will be regarded as being continuous);\nportable water spray means—\n\t(a)\ta knapsack spray pump that—\n\t(i)\tis fully charged; and\n\t(ii)\tcomplies with Australian Standard 1687-1991: Knapsack spray pumps for firefighting; or\n\t(b)\ta water fire extinguisher that—\n\t(i)\tis fully charged; and\n\t(ii)\thas a tank capacity of at least 9 L; and\n\t(iii)\tcomplies with Australian Standard 1841.2-2007: Portable fire extinguishers—Part 2: Specific requirements for water type extinguishers; and\n\t(iv)\tis maintained in accordance with Australian Standard 1851-2012: Routine service of fire protection systems and equipment;\nproperly constructed fire place means a fire place constructed so that the perimeter of a fire within the fire place is contained by nonflammable material such as stone, metal or concrete;\nspark arrester means a device fitted to a flue or exhaust system that is designed to prevent the escape of burning material.\n\t(2)\tFor the purposes of this Division, an engine or vehicle exhaust system complies with this Division if—\n\t(a)\tall engine exhaust emitted by the engine or vehicle exits through the system; and\n\t(b)\tthe system, or a device or devices forming part of the system, is designed to prevent the escape of burning material from the system; and\n\t(c)\tthe system, or a device or devices forming part of the system, is designed to prevent heated parts of the system from coming into contact with flammable vegetation; and\n\t(d)\tthe system is in good working order.\n\t(3)\tFor the purposes of subregulation (2)(a), engine exhaust emitted by a turbocharged engine, or a vehicle fitted with a turbocharged engine, by means of a device of a kind commonly known as a waste gate will be taken to exit through the exhaust system of the engine or vehicle.\n29A—Certain acts to constitute lighting and maintaining fire\n\t(1)\tPursuant to section 148(2) of the Act, the following acts will, for the purposes of the Act, be taken to constitute lighting and maintaining a fire:\n\t(a)\twelding, soldering with an exposed flame, metal cutting, metal grinding or metal abrasion;\n\t(b)\tthe use of fireworks;\n\t(c)\tthe use of an appliance used to generate smoke for the manipulation of bees;\n\t(d)\tthe use of a rabbit fumigator;\n\t(e)\tthe use of a bird scarer (within the meaning of regulation 42);\n\t(f)\tthe use of explosive materials,\nother than such an act carried out by a member of SACFS or another recognised emergency service in an emergency to protect life or property.\n\t(2)\tPursuant to section 148(2) of the Act, the operation of a gas fire or electric element for cooking purposes will, for the purposes of this Act, be taken to constitute lighting and maintaining a fire.\n\t(3)\tNothing in this regulation limits a provision of the Act, or any other provision of these regulations.\nSubdivision 2—Fires during the fire danger season\n30—Fires permitted under section 79(2) of Act\n\t(1)\tFor the purposes of section 79(2) of the Act, a fire may be lighted or maintained in the open air in the following circumstances:\n\t(a)\ta fire for cooking or personal comfort may be lighted or maintained provided that—\n\t(i)\tthe fire is contained in a properly constructed fire place, a portable cooking appliance or a trench at least 30 cm deep; and\n\t(ii)\tthe space immediately around and above the fire is cleared of all flammable vegetation to a distance of at least 4 m; and\n\t(iii)\tthe fire does not occupy an area in excess of 1 m2; and\n\t(iv)\ta person who is able to control the fire is present at the site of the fire from the time it is lighted to the time it is completely extinguished; and\n\t(v)\tan appropriate agent adequate to extinguish the fire is at hand;\n\t(b)\ta fire for heating bitumen or charring may be lighted or maintained provided that—\n\t(i)\ta shield or guard of fire‑resistant material is positioned around the fire to prevent the escape of sparks, hot metal or slag; and\n\t(ii)\tthe space immediately around and above the fire is cleared of all flammable vegetation to a distance of at least 4 m, or wetted sufficiently to prevent the spread of fire; and\n\t(iii)\ta supply of water adequate to extinguish the fire is at hand; and\n\t(iv)\tif any equipment is removed from the fire, the equipment is immediately placed in a fire‑proof receptacle; and\n\t(v)\ta person who is able to control the fire is present at the site of the fire from the time it is lighted to the time it is completely extinguished;\n\t(c)\ta fire may be lighted and maintained in accordance with the conditions of a permit;\n\t(d)\ta fire may be lighted and maintained if specifically authorised for the purposes of section 79(2) of the Act under another regulation.\n\t(2)\tThe Chief Officer may, by notice in the Gazette, prohibit or restrict the lighting and maintaining of fires under subregulation (1)(a) or (b) in the whole or a specified part of the State.\n\t(3)\tThe Chief Officer may, by further notice in the Gazette, vary or revoke a notice under subregulation (2).\n\t(4)\tThe Chief Officer must consult with any council for an area that would be affected by a notice under this regulation before the notice is made.\n31—Permits\n\t(1)\tIn this regulation—\ndesignated area means an area of the State in relation to which a fire control officer has been appointed under section 103 of the Act;\nrelevant land means land to be burnt off under a permit.\n\t(2)\tA permit authorising a person to light or maintain a fire in the open air during the fire danger season (but not contrary to the terms of a total fire ban) will be in the form set out in Schedule 9.\n\t(3)\tA permit authorising a person to light or maintain a fire in the open air—\n\t(a)\tcontrary to the terms of a total fire ban; or\n\t(b)\tduring the fire danger season and contrary to the terms of a total fire ban,\nwill be in the form set out in Schedule 10.\n\t(4)\tA permit issued under the Act for burning off land will include the following conditions:\n\t(a)\tthat the land immediately around the relevant land must be cleared of all flammable vegetation to a distance of at least 4 m;\n\t(b)\tthat at least 2 persons who are able to control the fire, or such greater number of persons as may be specified in the permit, must be present at the site of the fire from the time it is lighted to the time it is completely extinguished;\n\t(c)\tthat the fire must first be lighted from the leeward side of the relevant land to establish a protective break, and then may be lighted from the windward side of the land;\n\t(d)\tthat at least 400 L of water, or such greater amount of water as may be specified in the permit, must be kept at hand to extinguish the fire;\n\t(e)\ta water pump and hoses must be kept at hand in case water must be used to control or extinguish the fire;\n\t(f)\tthat the holder of the permit must, not more than 7 days, and not less than 2 hours, before the fire is lighted, give notice of their intention to light the fire—\n\t(i)\tto any person who owns, occupies or is in charge of land adjoining the land holding where the relevant land is situated; and\n\t(ii)\tif the relevant land is inside (or partially inside) a council area and the permit was issued by a person other than an officer of the council for that area—to an officer of the council for that area; and\n\t(iii)\tif the relevant land is within 2 km of a government reserve—to the person in charge of the reserve.\n\t(5)\tA permit issued under the Act other than for burning off land will include the following conditions:\n\t(a)\tthat the space immediately around and above the fire must be cleared of all flammable vegetation to a distance of at least 4 m;\n\t(b)\tthat an appropriate agent adequate to extinguish the fire must be kept at hand;\n\t(c)\tthat at least 1 person who is able to control the fire, or such greater number of persons as may be specified in the permit, must be present at the site of the fire from the time it is lighted to the time it is completely extinguished.\n\t(6)\tA notice under subregulation (4)(f)—\n\t(a)\tmay be given—\n\t(i)\tin person; or\n\t(ii)\tin writing; or\n\t(iii)\tby telephone or facsimile transmission; or\n\t(iv)\tby email (to a specified electronic address); or\n\t(v)\tby radio; and\n\t(b)\tmust include details of the place, date and time at which the fire will be lighted.\n\t(7)\tAn authorised officer may, at the officer's discretion, by endorsement on the permit, exempt the holder of a permit from the requirement to comply with a condition under subregulation (4) or (5).\n\t(8)\tAn application for a permit may be made—\n\t(a)\tin person; or\n\t(b)\tin writing; or\n\t(c)\tby telephone or facsimile transmission; or\n\t(d)\tby email (to a specified electronic address); or\n\t(e)\tby radio.\n\t(9)\tAn application for a permit must specify the location of the proposed fire with reasonable particularity and comply with any other requirement determined by the Chief Officer.\n\t(10)\tIf an authorised officer issues a permit—\n\t(a)\tpreliminary notice of the issue of the permit may be given to the permit holder by contacting the permit holder by telephone, facsimile transmission, email or radio and informing the permit holder of the permit number and the conditions included in the permit (and the permit holder may proceed to act under the permit on the basis of that notification); and\n\t(b)\tthe authorised officer must send a copy of the permit to the permit holder in such manner as is determined by the Chief Officer; and\n\t(c)\tif the permit authorises the permit holder to light or maintain a fire contrary to the terms of a total fire ban, the authorised officer must give notice of the issue of the permit to the regional officer in whose region the fire will be lighted, and send a copy of the permit to that regional officer, in such manner as is determined by the Chief Officer.\n\t(11)\tA person whose permit is revoked may appeal to the Commission against that revocation.\n\t(12)\tAn appeal must be instituted by written notice of appeal setting out in detail the grounds of appeal.\n\t(13)\tOn an appeal, the Commission may—\n\t(a)\tconfirm the revocation;\n\t(b)\tdirect that a new permit be issued.\n32—Special provisions relating to gas and electric cooking appliances\n\t(1)\tFor the purposes of section 79(2) of the Act, a person may operate a gas fire or electric element for cooking purposes in the open air during the fire danger season, provided that—\n\t(a)\tthe space immediately around and above the gas fire or electric element is cleared of all flammable vegetation to a distance of at least 4 m; and\n\t(b)\ta person who is able to control the gas fire or electric element is present at all times while it is lighted or charged; and\n\t(c)\tan appropriate agent adequate to extinguish a fire is at hand.\n\t(2)\tFor the purposes of section 80(4)(a) of the Act, a person may operate a gas fire or electric element for cooking purposes in the open air contrary to the terms of a total fire ban, provided that—\n\t(a)\tthe gas fire or electric element—\n\t(i)\tis used within 15 m of domestic premises, commercial premises or on the foreshore; or\n\t(ii)\thas been installed as a fixture to be used as a cooking facility in—\n\t(A)\ta park or reserve (each within the meaning of the Local Government Act 1999) under the control and management of a council; or\n\t(B)\ta caravan park or a residential park (within the meaning of the Residential Parks Act 2007; or\n\t(C)\ta park or reserve (within the meaning of the National Parks and Wildlife Act 1972); and\n\t(b)\tthe space immediately around and above the gas fire or electric element is cleared of all flammable vegetation to a distance of at least 4 m; and\n\t(c)\ta person who is able to control the gas fire or electric element is present at all times while it is lighted or charged; and\n\t(d)\tan appropriate agent adequate to extinguish a fire is at hand.\n\t(3)\tIn addition to subregulations (1) and (2)—\n\t(a)\ta council may in relation to a part of its area; and\n\t(b)\tthe Chief Officer may in relation to a part of the State outside the area of a council,\nby notice in the Gazette declare an area of the State to be an area where a person may, in accordance with the terms of the notice, operate a gas fire or electric element for cooking purposes in the open air contrary to the terms of a total fire ban.\n\t(4)\tA notice under subregulation (3)—\n\t(a)\tmust be in the form set out in Schedule 5; and\n\t(b)\tmay be limited in its operation to particular times of the day, and to particular days of the year; and\n\t(c)\twill operate subject to the following conditions:\n\t(i)\tthat the space immediately around and above the gas fire or electric element must be clear of all flammable vegetation to a distance of at least 4 m;\n\t(ii)\tthat a person who is able to control the gas fire or electric element must be present at all times while it is lighted or charged;\n\t(iii)\tthat an appropriate agent adequate to extinguish a fire must be at hand; and\n\t(d)\twill operate subject to such other conditions (if any) as may be specified by the council or the Chief Officer (as the case may be); and\n\t(e)\tmay be varied or revoked by further notice in the Gazette.\n\t(5)\tIf a council publishes a notice in the Gazette under this regulation, the council must immediately send a copy of the notice to the Chief Officer.\n33—Fires during fire danger season—orchards and vineyards\nFor the purposes of section 79(2) of the Act, a fire may be lighted or maintained in the open air during the fire danger season in an orchard or vineyard for the purpose of smudging for insect pests, or preventing damage by frost, provided that the space immediately around and above the fire is cleared of all flammable vegetation, other than growing fruit trees or vines, to a distance of at least 4 m.\n34—Fires in the open air on a total fire ban day\nFor the purposes of sections 79(2) and 80(4)(a) of the Act, a fire may be lighted or maintained in the open air during the fire danger season and contrary to the terms of a total fire ban—\n\t(a)\tby an Aboriginal person, provided that—\n\t(i)\tthe fire is lighted on land set aside for Aboriginal purposes; and\n\t(ii)\tthe fire is used for domestic or cultural purposes of Aboriginal origin; or\n\t(b)\tto charge explosive materials as part of mining operations under or pursuant to the Mines and Works Inspection Act 1920, provided that—\n\t(i)\tat least 400 L of water are at hand along with a water pump and hoses capable of being used to extinguish a fire; and\n\t(ii)\ta sufficient number of persons who would be able to control the escape and spread of fire are present at all times during the mining operations involving the use of those explosive materials and for a reasonable time after the use of explosive materials is complete; or\n\t(c)\tto light a flare containing flammable material in connection with a mercy flight or in a situation where an aircraft cannot use an electrically lit runway, provided that—\n\t(i)\teach flare is in a metal tray that is large enough to hold all the flammable material; and\n\t(ii)\tthe space immediately around the flare is cleared of all flammable vegetation to a distance of at least 4 m; and\n\t(iii)\tfire‑fighting equipment adequate to extinguish the flare and control the escape and spread of fire is at hand; and\n\t(iv)\ta sufficient number of persons to control the escape and spread of fire are present at the site of the flares from the time they are lighted to the time they are completely extinguished; or\n\t(d)\tby a member of SACFS or another recognised emergency service if the fire is connected with the use of equipment required in an emergency to protect life or property, provided that such steps as are reasonably practicable in the circumstances are taken to control the escape and spread of fire.\nSubdivision 3—Restrictions on the use of certain appliances etc\n35—Stationary engines\n\t(1)\tPursuant to section 89 of the Act, a stationary engine is prescribed.\n\t(2)\tA person must not, during the fire danger season, operate a stationary engine not enclosed by non‑flammable material in the open air unless—\n\t(a)\tthe space immediately around and above the engine is cleared of all flammable vegetation to a distance of at least 4 m, or a person who is able to control the engine is present at all times while the engine is in use; and\n\t(b)\ta shovel or rake, and an appropriate agent adequate to extinguish a fire, are at hand; and\n\t(c)\tthe engine is fitted with an exhaust system that complies with this Division.\n\t(3)\tA person must not, during the fire danger season, operate a stationary engine enclosed by non‑flammable material in the open air unless the engine is fitted with an exhaust system that complies with this Division.\n\t(4)\tIn this regulation—\nstationary engine means a steam engine, an internal combustion engine or a turbine engine that is operated in a stationary position.\n36—Internal combustion engines\n\t(1)\tPursuant to section 89 of the Act, an internal combustion engine is prescribed.\n\t(2)\tA person must not, during the fire danger season, operate an internal combustion engine in connection with—\n\t(a)\tharvesting a flammable crop; or\n\t(b)\tmoving a flammable crop on the land holding where it has been harvested; or\n\t(c)\tspreading lime or fertiliser,\nunless—\n\t(d)\ta shovel or rake, and an appropriate agent to extinguish a fire, are at hand; and\n\t(e)\tthe engine is fitted with an exhaust system that complies with this Division.\n\t(3)\tA person must not, during the fire danger season, operate an internal combustion engine, other than in connection with an activity referred to in subregulation (2), in circumstances where the internal combustion engine comes into contact with, or is operated in the vicinity of, any flammable bush, grass, pasture or stubble, unless—\n\t(a)\ta person who is able to control the engine is present at all times while the engine is in use; and\n\t(b)\ta shovel or rake, and an appropriate agent to extinguish a fire are at hand; and\n\t(c)\tthe engine is fitted with an exhaust system that complies with this division.\n37—Vehicles\n\t(1)\tPursuant to section 89 of the Act, a vehicle driven by an internal combustion engine (other than an aircraft) is prescribed.\n\t(2)\tA person must not, during the fire danger season, drive a vehicle referred to in subregulation (1) within 2 m of flammable bush or grass unless the vehicle is fitted with an exhaust system that complies with this Division.\n38—Aircraft\n\t(1)\tPursuant to section 89 of the Act, an aircraft is prescribed.\n\t(2)\tA person must not, during the fire danger season, land an aircraft on, or take off from, land in the country unless reasonable steps have been taken (on account of the use of the land by the aircraft)—\n\t(a)\tto prevent the outbreak of fire on the land; and\n\t(b)\tto be able to control and suppress a fire that might break out on the land (whether by the provision of fire‑fighting equipment, the clearing of a firebreak, or otherwise).\n\t(3)\tThis regulation does not apply in relation to—\n\t(a)\tan aircraft that is landing on, or taking off from, a government or licensed airfield; or\n\t(b)\tan aircraft that is on a mercy flight; or\n\t(c)\tan aircraft that is landing or taking off in any other emergency; or\n\t(d)\tan aircraft that is engaged in a fire‑fighting operation under the direction of an SACFS officer; or\n\t(e)\tan aircraft that is exempted from the operation of this regulation by the Chief Officer.\n39—Welding, soldering, metal cutting, grinding and abrasion\n\t(1)\tPursuant to section 89 of the Act, appliances used to carry out the following activities are prescribed:\n\t(a)\twelding or soldering with an exposed flame;\n\t(b)\tmetal cutting;\n\t(c)\tmetal grinding;\n\t(d)\tmetal abrasion.\n\t(2)\tA person must not, during the fire danger season, operate an appliance referred to in subregulation (1) in the open air unless—\n\t(a)\tthe space immediately around and above the appliance is cleared of all flammable vegetation to a distance of at least 10 m; and\n\t(b)\tan appropriate agent to extinguish a fire is at hand; and\n\t(c)\ta person who is able to control the appliance is present at all times while the appliance is in use or alight.\n\t(2a)\tSubregulation (2) does not apply to a person who operates an appliance referred to in subregulation (1) in the open air in accordance with a permit issued under section 81 of the Act.\n\t(3)\tDespite subregulations (1) and (2), a person must not operate an appliance referred to in subregulation (1) in the open air for any purpose on a day in relation to which a total fire ban under section 80 of the Act has been imposed in any part of the State to which the total fire ban applies.\n\t(4)\tThis regulation does not apply to a member of SACFS or another recognised emergency service who must use an appliance in an emergency to protect life or property.\n\t(5)\tFor the purposes of section 79(2) of the Act, a fire may be lighted or maintained in the open air as part of the operation of an appliance in accordance with subregulation (2).\n40—Bees\n\t(1)\tPursuant to section 89 of the Act, an appliance used to generate smoke for the manipulation of bees is prescribed.\n\t(2)\tA person must not, during the fire danger season, use an appliance referred to in subregulation (1) unless a portable water spray in good working order is at hand.\n41—Rabbit fumigators\n\t(1)\tPursuant to section 89 of the Act, an appliance used as a rabbit fumigator is prescribed.\n\t(2)\tA person must not, during the fire danger season, use an appliance as a rabbit fumigator unless—\n\t(a)\tthe space immediately around and above the appliance is cleared of all flammable vegetation to a distance of at least 4 m; and\n\t(b)\ta portable water spray in good working order is at hand; and\n\t(c)\ta sufficient number of persons who would be able to control the escape and spread of fire are present at all times while the appliance is in use.\n42—Bird scarers\n\t(1)\tPursuant to section 89 of the Act, a bird scarer is prescribed.\n\t(2)\tA person must not, during the fire danger season, use an appliance as a gas bird scarer unless—\n\t(a)\tthe space immediately around and above the appliance is cleared of all flammable vegetation to a distance of at least 4 m; and\n\t(b)\tthe bird scarer—\n\t(i)\tis constructed so as to prevent the escape of fire or burning material; and\n\t(ii)\tis in good working order and clean so as to avoid a malfunction that could cause a fire; and\n\t(c)\tthe person using the bird scarer takes all reasonable precautions to ensure that the bird scarer cannot fall over, or be knocked over or otherwise interfered with by animals.\n\t(3)\tA person must not, during the fire danger season, use an explosive agent bird scarer in the open air except in accordance with a permit issued under section 81 of the Act.\n\t(4)\tIn this regulation—\nbird scarer means—\n\t(a)\ta gas bird scarer; or\n\t(b)\tan explosive agent bird scarer;\nexplosive agent bird scarer means a device that detonates an explosive agent (other than a gas) to create a noise to scare birds;\ngas bird scarer means a device that detonates a flammable gas to create a noise to scare birds.\n43—Fireworks\n\t(1)\tPursuant to section 89 of the Act, fireworks are prescribed.\n\t(2)\tA person must not, during the fire danger season, use fireworks in the open air except in accordance with a permit issued under section 81 of the Act.\n44—Blasting\n\t(1)\tPursuant to section 89 of the Act, blasting any tree, wood or timber by the use of explosive materials is prescribed.\n\t(2)\tA person must not, during the fire danger season, carry out blasting referred to in subregulation (1) unless—\n\t(a)\ta shovel or rake are at hand; and\n\t(b)\tat least 400 L of water are at hand along with a water pump and hoses capable of being used to extinguish a fire; and\n\t(c)\ta sufficient number of persons who would be able to control a fire are present at all times while the blasting is carried out, and for a reasonable time after the blasting is completed.\nSubdivision 4—Burning objects and material\n45—Burning objects and material\n\t(1)\tA person must not smoke in the open air in the country within 2 m of flammable bush or grass (but this prohibition does not operate within a municipality or township).\n\t(2)\tA person must not, without lawful excuse, drop or throw a burning object or material from a vehicle.\n\t(3)\tA person must not, without lawful excuse, drop or throw a burning object or material in circumstances in which it may come into contact with flammable vegetation and cause a fire in the country.\n\t(4)\tA person must not, without lawful excuse, drop or throw any material capable of causing a fire in circumstances in which it may cause a fire in the country.\nSubdivision 5—Miscellaneous\n46—Fire safety at premises\nPursuant to section 86 of the Act, a building outside the area of a council that would, if it were inside the area of a council, be classified as a Class 2, 3, 4, 5, 6, 7, 8 or 9 building under the Building Code (within the meaning of the Planning, Development and Infrastructure Act 2016), is prescribed.\n47—Caravans\n\t(1)\tA person must not use a caravan in the country unless an efficient fire extinguisher that complies with subregulation (2) is carried in the caravan.\n\t(2)\tA fire extinguisher required under subregulation (1) must—\n\t(a)\tcomply with Australian Standard 1841.5:2007: Portable fire extinguishers—Part 5: Specific requirements for powder type extinguishers; and\n\t(b)\thave a minimum classification and rating of 10B, as defined by Australian Standard 1850:2009: Portable fire extinguishers—Classification, rating and performance testing; and\n\t(c)\tbe maintained in accordance with Australian Standard 1851-2012:  Routine service of fire protection systems and equipment.\n","sortOrder":12},{"sectionNumber":"Div 6","sectionType":"division","heading":"Other matters","content":"Division 6—Other matters\n48—Identity cards\n\t(1)\tThe Chief Officer will issue to each—\n\t(a)\tSACFS officer; and\n\t(b)\tfire control officer; and\n\t(c)\tauthorised officer appointed by the Chief Officer,\na certificate of identity in a form determined by the Chief Officer.\n\t(2)\tA council will issue to each fire prevention officer or assistant fire prevention officer appointed by the council a certificate of identity in a form approved by the Chief Officer.\n\t(3)\tA certificate of identity ceases to be valid when the person ceases to hold the position in relation to which the certificate was issued.\n\t(4)\tA person must, on ceasing to hold the position in relation to which a certificate of identity has been issued, surrender the certificate to the Chief Officer or, in the case of a fire prevention officer or assistant fire prevention officer, to the relevant council.\n49—Roadside fire protection\n\t(1)\tSubject to subregulation (2), a responsible authority may, for the purpose of providing fire protection on a road, or the verge of a road—\n\t(a)\tlight a fire on the road, or on the verge of the road; and\n\t(b)\twhile the fire is burning, prohibit, direct or regulate the movement of persons, vehicles or animals along the road.\n\t(2)\tA responsible authority must obtain a permit to light and maintain a fire under this regulation during the fire danger season.\n\t(3)\tIn this regulation—\nresponsible authority means a council, or a Minister, agency or instrumentality of the Crown, that has the care, control or management of a road in the country, or roadside vegetation in the country.\n50—Maintenance and inspection of fire-fighting equipment\nEach SACFS organisation that has possession or control of fire‑fighting equipment that is available for use by SACFS under the Act—\n\t(a)\tmust maintain the equipment in good working order and test the equipment on a regular basis; and\n\t(b)\tmust keep the equipment in a place, and in a manner, that allows the equipment to be readily available in the event of a fire or other emergency, or for training purposes; and\n\t(c)\tmust, on the request of the Chief Officer, a Deputy Chief Officer or Assistant Chief Officer, a regional officer, or an authorised officer, make the equipment available for inspection by the officer.\n","sortOrder":13},{"sectionNumber":"Part 4","sectionType":"part","heading":"Fire prevention","content":"Part 4—Fire prevention\n51—Duties to prevent fires—private land\n\t(1)\tFor the purposes of section 105F(3) of the Act, a code of practice published from time to time by the State Bushfire Co‑ordination Committee is prescribed.\n\t(2)\tFor the purposes of section 105F(5) of the Act, the form set out in Schedule 6 is prescribed.\n\t(3)\tFor the purposes of section 105F(10) of the Act, the form set out in Schedule 7 is prescribed.\n52—Duties to prevent fires—council land\nFor the purposes of section 105G(3) of the Act, a code of practice published from time to time by the State Bushfire Co‑ordination Committee is prescribed.\n53—Duties to prevent fires—Crown land\nFor the purposes of section 105H(3) of the Act, a code of practice published from time to time by the State Bushfire Co‑ordination Committee is prescribed.\n54—Prescribed activity\nFor the purposes of section 105IA of the Act, the following activities are prescribed:\n\t(a)\tlighting or maintaining a fire;\n\t(b)\toperating a gas fire or electric element for cooking purposes in the open air;\n\t(c)\toperating a stationary engine not enclosed by non‑flammable material in the open air;\n\t(d)\toperating an internal combustion engine;\n\t(e)\toperating a vehicle driven by an internal combustion engine;\n\t(f)\tlanding an aircraft on, or taking off from, land;\n\t(g)\toperating an appliance used for welding or soldering with an exposed flame in the open air;\n\t(h)\toperating an appliance used for metal cutting in the open air;\n\t(i)\toperating an appliance used for metal grinding in the open air;\n\t(j)\toperating an appliance used for metal abrasion in the open air;\n\t(k)\toperating an appliance used as a rabbit fumigator;\n\t(l)\toperating a bird scarer (within the meaning of regulation 42);\n\t(m)\toperating an appliance used to generate smoke for manipulating bees;\n\t(n)\tlighting or maintaining a fire in the open air to protect against frost in an orchard or vineyard (smudging);\n\t(o)\tusing fireworks in the open air;\n\t(p)\tblasting any tree, wood or timber by the use of explosive materials;\n\t(q)\tblasting as part of mining operations by the use of explosive materials.\n55—Applications for warrants\n\t(1)\tThe grounds for an application for a warrant under section 105J of the Act made personally must be verified by affidavit.\n\t(2)\tIf an application for a warrant is made under section 105J of the Act by telephone—\n\t(a)\tthe applicant must inform the magistrate of the applicant's name and identify the position that the applicant holds for the purposes of the Act, and the magistrate, on receiving that information, is entitled to assume, without further inquiry, that the applicant holds that position; and\n\t(b)\tthe applicant must inform the magistrate of the purpose for which the warrant is required and the grounds on which it is sought; and\n\t(c)\tif it appears to the magistrate from the information given by the applicant that there are reasonable grounds to issue a warrant (taking into account the requirements of the Act), the magistrate must inform the applicant of the facts that justify, in the magistrate's opinion, the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts; and\n\t(d)\tif the applicant gives such an undertaking, the magistrate may then make out and sign a warrant, noting on the warrant the facts that justify, in the magistrate's opinion, the issue of the warrant; and\n\t(e)\tthe warrant is taken to have been issued, and comes into force, when signed by the magistrate; and\n\t(f)\tthe magistrate must inform the applicant of the terms of the warrant; and\n\t(g)\tthe applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c).\n\t(3)\tA magistrate by whom a warrant is issued must file the warrant, or a copy of the warrant, and the affidavit verifying the grounds on which the application for the warrant was made, in the Magistrates Court.\n56—Prescribed rate of interest\nFor the purposes of section 105J(9) of the Act, the prescribed rate of interest will be a rate of 5% above the cash rate published by the Reserve Bank of Australia applying at the time at which the period fixed by the Minister under subsection (9)(b)(i) of that section expires.\n","sortOrder":14},{"sectionNumber":"Part 5","sectionType":"part","heading":"SASES","content":"Part 5—SASES\nDivision 1—SASES units—Membership\n57—Database of members\n\t(1)\tSASES must maintain a database of its members that includes the following information:\n\t(a)\tthe member's name;\n\t(b)\tthe member's residential address;\n\t(c)\tthe member's date of birth;\n\t(d)\tthe member's certificate of identity number;\n\t(e)\tthe date on which the member joined the unit.\n\t(2)\tEach member of SASES must notify the Chief Officer of any change to the information that is required to be maintained under subregulation (1).\nDivision 2—Unit managers\n58—Unit managers\n\t(1)\tEach SASES unit will have a unit manager.\n\t(2)\tA unit manager will be appointed or elected in a manner determined or approved by the Chief Officer.\n\t(3)\tA member of an SASES unit (other than the unit manager) is, in the exercise of powers under the Act, subject to the control and direction of the unit manager of the unit.\nDivision 3—Accounts, audits and reporting\n59—Accounts and audits\n\t(1)\tEach SASES unit that holds any money must open and maintain an operating account at an ADI.\n\t(2)\tAn SASES unit must ensure that proper accounting records are kept of the financial affairs of the SASES unit.\n\t(3)\tAn SASES unit must present for inspection, in accordance with the requirements of the Chief Officer, a copy of all financial accounts of the SASES unit in respect of each accounting period.\n\t(4)\tA member of an SASES unit must, at the request of the Chief Officer, produce accounts or other financial records of the SASES unit in the member's possession for the Chief Officer's inspection.\nMaximum penalty: $2 000.\n\t(5)\tA member of an SASES unit must, at the request of the Chief Officer, provide the Chief Officer with explanations or information relating to the financial affairs of the SASES unit.\n\t(6)\tIn this regulation—\naccounting period means—\n\t(a)\tsubject to any determination under paragraph (b)—a financial year; or\n\t(b)\tany period determined by the Chief Officer to be an accounting period for the purposes of this regulation.\n60—Annual returns\nEach SASES unit must, on or before 31 August in each year, deliver to the Chief Officer a return (in a form determined by the Chief Officer) containing—\n\t(a)\ta report on the financial accounts of the SASES unit for the preceding financial year; and\n\t(b)\tsuch other information as the Chief Officer may require.\nDivision 4—Discipline of members\n61—Discipline of members\n\t(1)\tA member of an SASES unit who, in the performance of official duties or otherwise—\n\t(a)\tcontravenes or fails to comply with—\n\t(i)\ta provision of the Act or these regulations; or\n\t(ii)\ta provision of a code of conduct for SASES published by the Chief Officer; or\n\t(iii)\ta direction or order given to the person as a member of SASES by a person with authority to give that direction or order;\n\t(b)\tis negligent or indolent in the discharge of official duties as a member of SASES; or\n\t(c)\tleaves a place of duty without reasonable excuse; or\n\t(d)\tcommits a form of disgraceful or improper conduct in an official capacity; or\n\t(e)\tsubverts or disrupts the operations or activities of an SASES unit; or\n\t(f)\tmakes improper use of their SASES membership; or\n\t(g)\tmakes improper use of property or equipment; or\n\t(h)\tbehaves in any other manner that reflects seriously and adversely on SASES,\nis liable to disciplinary action.\n\t(2)\tIf the Deputy Chief Officer, suspects on reasonable grounds that a member of an SASES organisation may be liable to disciplinary action, the Deputy Chief Officer may carry out an investigation in relation to the matter.\n\t(3)\tThe Chief Officer may, pending the outcome of any process under this regulation and if the Chief Officer thinks fit, suspend the member from service with SASES.\n\t(4)\tIf, after an investigation, the Deputy Chief Officer recommends to the Chief Officer that there are grounds for disciplinary action against the member, the Chief Officer—\n\t(a)\tmust give notice in writing of that fact to the member; and\n\t(b)\tmay—\n\t(i)\tafter observing the requirements of section 116A(6) of the Act, determine to take action under section 116A(5) of the Act (on reasonable grounds); or\n\t(ii)\tdetermine not to take action in relation to the matter.\n\t(5)\tThe Chief Officer may, on the basis of a determination under subregulation (4)(b)(i)—\n\t(a)\treprimand the member;\n\t(b)\tsuspend the member for a specified period.\nThe disciplinary powers prescribed are in addition to the powers set out in section 116(5) of the Act.\n\t(6)\tThe Chief Officer may appoint another officer to exercise and perform the powers and functions of the Deputy Chief Officer under this regulation.\nDivision 5—Miscellaneous\n62—Identity cards\n\t(1)\tThe Chief Officer will issue to each—\n\t(a)\tofficer of SASES; and\n\t(b)\tmember of SASES,\na certificate of identity in a form determined by the Chief Officer.\n\t(2)\tA certificate of identity ceases to be valid when the person ceases to hold the position in relation to which the certificate was issued.\n\t(3)\tA person must, on ceasing to hold the position in relation to which a certificate of identity has been issued, surrender the certificate to the Chief Officer.\n\t(4)\tA person must, on ceasing to be a member of SASES, surrender all insignia, equipment or clothing issued to the person by SASES to the Chief Officer.\n63—Dissolution of organisation (section 116)\n\t(1)\tFor the purposes of section 116(2)(c) of the Act, a request to dissolve an organisation must be made in writing under the common seal of the organisation.\n\t(2)\tThe Chief Officer must, before determining to dissolve an SASES unit—\n\t(a)\tconsult in relation to the matter with—\n\t(i)\tthe members of the unit; and\n\t(ii)\tthe S.A.S.E.S. Volunteers' Association Incorporated; and\n\t(b)\tgive notice of the proposed dissolution—\n\t(ii)\tin a newspaper circulating throughout the local area in relation to which the SASES unit is constituted; and\n\t(iii)\tto any member of the House of Assembly whose electoral district includes any part of the area in relation to which the SASES unit is constituted.\n\t(3)\tFor the purposes of subregulation (2)(a), the Chief Officer must—\n\t(a)\torganise a meeting at which the Chief Officer, or a representative or representatives of the Chief Officer, can meet with the members of the SASES unit (or their representative or representatives); and\n\t(b)\tinvite the S.A.S.E.S. Volunteers' Association Incorporated to—\n\t(i)\tmake written submissions to the Chief Officer in relation to the matter; or\n\t(ii)\thave a representative, or representatives, attend a meeting with the Chief Officer or a representative or representatives of the Chief Officer,\nas the Association sees fit.\n","sortOrder":15},{"sectionNumber":"Part 6","sectionType":"part","heading":"Miscellaneous","content":"Part 6—Miscellaneous\n64—Coronial inquests\nA coronial inquest may be requested by the Commission or an emergency services organisation if the Commission or organisation (as the case may be) is of the opinion that such an inquest should be held—\n\t(a)\ton account of—\n\t(i)\tthe circumstances surrounding the lighting or spread of a fire, or the occurrence of an emergency of another kind; or\n\t(ii)\tthe intensity or seriousness of a fire, or the seriousness of an emergency of another kind; or\n\t(iii)\tthe circumstances surrounding the involvement of a person or organisation in a fire or other emergency; or\n\t(b)\ton account of representations made by a council in relation to a fire or other emergency.\n65—Prescribed water authority\nSA Water is brought within the definition of water authority under sections 43 and 98 of the Act.\n66—Use of water\n\t(1)\tAn officer of SAMFS or SACFS may, for the purpose of any operation conducted by the officer's emergency services organisation (including, for the avoidance of doubt, emergency incident related purposes other than fire‑fighting purposes), take water from a hydrant, fire‑plug or stand pipe approved by SA Water for fire‑fighting purposes.\n\t(2)\tFor training purposes, water may only be taken under subregulation (1) as directed by a responsible officer of SA Water.\n\t(3)\tAn emergency services organisation is not liable for the cost of water taken under this regulation.\n\t(4)\tThis regulation does not apply in relation to the operation of section 42 or 97 of the Act.\n67—Insignia\n\t(1)\tA person must not, without the consent of the Commission (which consent may be given unconditionally or subject to conditions determined by the Commission)—\n\t(a)\tuse or display any prescribed insignia; or\n\t(b)\tsell, hire, lend or otherwise surrender possession of a prescribed logo to a person who is not a member of the relevant emergency services organisation or, if relevant, who is not otherwise a person authorised to act in an official capacity under the Act or these regulations.\nMaximum penalty: $2 500.\n\t(2)\tIn this regulation—\nprescribed insignia means any logo declared by the Commission to be a logo for the purposes of section 131 of the Act.\n68—Service insignia\n\t(1)\tA prescribed person is, in recognition of the person's service with an emergency services organisation, or any other organisation recognised by the Commission for the purposes of this regulation, entitled to wear, on the person's uniform or fire‑fighting or emergency services clothing, service insignia determined or approved by the Commission.\n\t(2)\tIn this regulation—\nprescribed person means—\n\t(a)\ta member of an emergency services organisation; or\n\t(b)\ta fire control officer.\n69—Fees\n\t(1)\tFees prescribed for the purposes of the Act do not include any GST that may be payable in respect of a particular fee.\n\t(2)\tThe relevant emergency services organisation may, in its discretion, waive payment of the whole or a part of a prescribed fee, or refund a prescribed fee (in whole or in part).\n70—Expiation of offences\n\t(1)\tPursuant to Schedule 5 clause 14 of the Act, the following expiation fees are fixed for alleged offences against the following sections of the Act:\n\nSection\nExpiation fee\nSection 79(1) if—\n$473\n\t(a)\tthe offence falls within the ambit of 1 of the following subparagraphs:\n\n\t(i)\tif the fire is for cooking or personal comfort—the offence consists of a failure to comply with a requirement imposed under regulation 30(1)(a);\n\n\t(ii)\tif the fire is for heating bitumen or charring—the offence consists of a failure to comply with a requirement imposed under regulation 30(1)(b);\n\n\t(iii)\tif the fire is lighted or maintained pursuant to a permit issued under section 81 of the Act for burning off land—the offence consists of a failure to comply with a condition of the permit prescribed by regulation 31(4)(a), (b), (d), (e) or (f);\n\n\t(iv)\tif the fire is lighted or maintained pursuant to a permit issued under section 81 of the Act other than for burning off land—the offence consists of a failure to comply with a condition of the permit prescribed by regulation 31(5)(a), (b) or (c);\n\n\t(v)\tif the fire is lighted or maintained for a gas fire or electric element for cooking purposes under regulation 32(1)—the offence consists of a failure to comply with a requirement imposed under regulation 32(1); and\n\n\t(b)\tthe fire does not contravene a prohibition or restriction under regulation 30(2).\n\nSection 89 if the offence consists of a breach of, or failure to comply with, 1 or more of the following:\n$473\n\t(a)\tin the case of an offence involving the operation, during the fire danger season, of a stationary engine not enclosed by non‑flammable material in the open air—regulation 35(2);\n\n\t(b)\tin the case of an offence involving the operation, during the fire danger season, of an internal combustion engine in connection with harvesting a flammable crop, moving a flammable crop on the land holding where it has been harvested or spreading lime or fertilizer—regulation 36(2)(d) or (e);\n\n\t(c)\tin the case of an offence involving the operation, during the fire danger season, of an internal combustion engine in connection with cutting flammable bush, grass, pasture or stubble—regulation 36(3);\n\n\t(d)\tin the case of an offence involving the use of an appliance, during the fire danger season, to carry out welding or soldering with an exposed flame, metal cutting, metal grinding or metal abrasion—regulation 39(2);\n\n\t(e)\tin the case of an offence involving the use, during the fire danger season, of an appliance to generate smoke for the manipulation of bees—regulation 40(2);\n\n\t(f)\tin the case of an offence involving the use, during the fire danger season, of an appliance as a rabbit fumigator—regulation 41(2)(a), (b) or (c);\n\n\t(g)\tin the case of an offence involving the use, during the fire danger season, of an appliance as a bird scarer—regulation 42(2) or (3);\n\n\t(h)\tin the case of an offence involving the blasting of any tree, wood or timber by the use of explosive materials—regulation 44(2).\n\nSection 105F(1)\n$473\nSection 105F(8)\n$473\n$473\n$473\n\t(2)\tPursuant to Schedule 5, clause 14 of the Act, the following expiation fees are fixed for alleged offences against the following regulations:\n\nRegulation\nExpiation fee\nRegulation 45(1)\n$473\nRegulation 45(2), (3) or (4)\n$500\nRegulation 47\n$473\n71—Prescribed persons and bodies\nFor the purposes of section 148(3)(c) of the Act, the following are prescribed:\n\t(a)\teach Chief Officer;\n\t(b)\tthe State Bushfire Co‑ordination Committee.\n","sortOrder":16},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Certificate of registration of an SACFS brigade","content":"Schedule 1—Certificate of registration of an SACFS brigade\nThis is to certify that [insert name of brigade] is constituted as an SACFS brigade under the Fire and Emergency Services Act 2005.\nThe registered code of the brigade as an SACFS organisation is [insert code of brigade].\n[Insert seal of the SACFS]\nSignature of the Chief Officer:\n","sortOrder":17},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Officers of an SACFS brigade","content":"Schedule 2—Officers of an SACFS brigade\n1—Brigade captain\nA brigade captain has the following specific functions:\n\t(a)\tto assist in bushfire prevention planning within the area of the brigade;\n\t(b)\tto undertake responsibility for the proper management and maintenance of brigade property and equipment;\n\t(c)\tto ensure that members of the brigade are properly trained to carry out their functions;\n\t(d)\tsubject to the Act and the direction of a superior officer—to take command at a fire or other emergency in the country at which they attend as a member of SACFS and to ensure that the chain of command within the brigade operates effectively and efficiently;\n\t(e)\tto liaise with other brigade captains in adjacent areas, and other relevant officers;\n\t(f)\tto ensure (so far as may be practicable) the health and safety of all members of the brigade during an SACFS operation and to ensure that the brigade complies with any other relevant occupational health, safety and welfare policies or procedures;\n\t(g)\totherwise to manage the operations of the brigade in accordance with a determination of the Chief Officer.\n2—Lieutenant\nA lieutenant must assist the brigade captain in the performance of the brigade captain's functions (and, in the absence of the brigade captain, the most senior lieutenant may assume the functions and responsibilities of the brigade captain).\n3—Senior firefighter\nA senior firefighter must assist the brigade captain in the performance of the brigade captain's functions (and in the absence of the brigade captain and lieutenants, the most senior officer may assume the functions and responsibilities of the brigade captain).\n","sortOrder":18},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Certificate of registration of an SACFS group","content":"Schedule 3—Certificate of registration of an SACFS group\nThis is to certify that [insert name of group] is constituted as an SACFS group under the Fire and Emergency Services Act 2005.\nThe brigades that make up the group are:\nThe registered code of the group as an SACFS organisation is [insert code of group].\n[Insert seal of the SACFS]\nSignature of the Chief Officer:\n","sortOrder":19},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Officers of an SACFS group","content":"Schedule 4—Officers of an SACFS group\n1—Group officer\nA group officer has the following specific functions:\n\t(a)\tin the event of a fire or other emergency requiring a group response—\n\t(i)\tto establish forward command in the field; and\n\t(ii)\tsubject to the Act and the direction of a superior officer, to co‑ordinate and control the operations of the brigades in the group; and\n\t(iii)\tto organise persons who volunteer to assist the group or a brigade in fighting the fire or dealing with the emergency; and\n\t(iv)\tto liaise with other group officers in adjacent areas, and other relevant officers;\n\t(b)\tto oversee the operations, activities and training of the brigades in the group;\n\t(c)\totherwise to undertake functions determined by the Chief Officer.\n2—Deputy group officer\nA deputy group officer must assist the group officer in the performance of the group officer's functions (and in the absence of the group officer, the most senior deputy group officer may assume the functions and responsibilities of the group officer).\n","sortOrder":20},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"Regulation 32 declaration","content":"Schedule 5—Regulation 32 declaration\nDeclaration of an area of the State in which a person may operate a gas fire or electric element for cooking purposes in the open air contrary to the terms of a total fire ban.\nPursuant to regulations under the Fire and Emergency Services Act 2005 [insert council name or the Chief Officer of SACFS] declares that persons may operate gas fires or electric elements for cooking purposes in the open air contrary to the terms of a total fire ban at the following places: [insert locations]\nThis notice operates [strike out unwanted item]:\n\t—\tduring the following times: [specify times];\n\t—\tat all times until revoked.\nThe operation of a gas fire or electric element under this notice is subject to the following conditions:\n\t(a)\tthe space immediately around and above the gas fire or electric element must be cleared of all flammable vegetation to a distance of at least 4 metres;\n\t(b)\ta person who is able to control the gas fire or electric element must be present at all times while it is lighted or charged;\n\t(c)\tan appropriate agent adequate to extinguish any fire must be at hand;\n\t(d)\t[such other conditions as the council or the Chief Officer may specify]\nSignature of Chief Executive Officer of council/Chief Officer:\nCouncil name/Chief Officer of SACFS:\n","sortOrder":21},{"sectionNumber":"Sch 6","sectionType":"schedule","heading":"Section 105F notice","content":"Schedule 6—Section 105F notice\nPursuant to section 105F of the Fire and Emergency Services Act 2005, [insert name of owner], who is the owner of land at [insert location] is required to take the following action to comply with the requirements of that section [insert specified action].\nNotes—\n","sortOrder":22},{"sectionNumber":"1","sectionType":"section","heading":"Section 105F requires that an owner of private land must take reasonable steps—","content":"\t1\tSection 105F requires that an owner of private land must take reasonable steps—\n\t(a)\tto prevent or inhibit the outbreak of fire on the land; and\n\t(b)\tto prevent or inhibit the spread of fire through the land; and\n\t(c)\tto protect property on the land from fire; and\n\t(d)\tto minimise the threat to human life from a fire on the land.\n","sortOrder":23},{"sectionNumber":"2","sectionType":"section","heading":"The following matters may be considered relevant to determining whether a breach of these requirements has occurred:","content":"\t2\tThe following matters may be considered relevant to determining whether a breach of these requirements has occurred:\n\t(a)\tthe nature of the land;\n\t(b)\twhether the land is in a country, metropolitan, township or other setting;\n\t(c)\tthe activities carried out on the land (including whether flammable or combustible materials or substances are used or stored on the land);\n\t(d)\tother statutory standards or requirements that apply to or in relation to the land.\nOther matters may also be taken into account.\n","sortOrder":24},{"sectionNumber":"3","sectionType":"section","heading":"A code of practice prescribed under the Act may also be relevant to your circumstances.","content":"\t3\tA code of practice prescribed under the Act may also be relevant to your circumstances.\n","sortOrder":25},{"sectionNumber":"4","sectionType":"section","heading":"If you fail to comply with a requirement of this notice—","content":"\t4\tIf you fail to comply with a requirement of this notice—\n\t(a)\tyou may be liable to a significant fine; and\n\t(b)\tan authorised person may proceed to carry out the work required by the notice and recover the costs against you.\n\t5\tYou are entitled to appeal against a requirement of this notice. Your rights of appeal are set out in the Fire and Emergency Services Act 2005.\n\t6\tYour appeal should be instituted within 14 days of receiving this notice. A copy of the appeal notice must be sent to the authority that issued this notice.\n","sortOrder":26},{"sectionNumber":"7","sectionType":"section","heading":"You may wish to discuss the matter with the authority that issued this notice before you institute an appeal","content":"\t7\tYou may wish to discuss the matter with the authority that issued this notice before you institute an appeal\nAuthority issuing the notice:\n","sortOrder":27},{"sectionNumber":"Sch 7","sectionType":"schedule","heading":"Variation or revocation of section 105F notice","content":"Schedule 7—Variation or revocation of section 105F notice\nOn [insert date], [insert name of owner], the owner of land at [insert location] was required to take certain action by a notice issued under section 105F of the Fire and Emergency Services Act 2005.\nThat notice is now [strike out unwanted item]—\n\t—\tvaried as follows: [insert variation];\n\t—\trevoked.\nAuthority issuing the notice:\n","sortOrder":28},{"sectionNumber":"Sch 9","sectionType":"schedule","heading":"Permit authorising person to light or maintain fire during fire danger season","content":"Schedule 9—Permit authorising person to light or maintain fire during fire danger season\nPermit number:\nNote—This permit is not valid on a day of total fire ban.\nPursuant to section 81 of the Fire and Emergency Services Act 2005 this permit is issued for the purpose of: [specify the purpose]\nCertain acts constitute lighting and maintaining fire—see regulation 29A.\nThis permit is issued to [insert full name] of [insert address] and authorises the holder of the permit to light or maintain a fire at [specify location of proposed fire] during the fire danger season for the purpose indicated above.\nThe location of the proposed fire must be specified with reasonable particularity, indicating either lot, section and hundred numbers, or an appropriate grid reference.\nThis permit is valid from [insert time] on [insert date] to [insert time] on [insert date].\nSubject to any variation by an authorised officer (as noted below), this permit is subject to—\n\t(a)\tthe conditions prescribed by the Fire and Emergency Services Regulations 2021, as set out on the reverse side of this permit; and\n\t(b)\tthe following additional conditions: [insert conditions or variations]\nThis permit is liable to be revoked if the permit holder fails to comply with a condition of the permit.\nThis permit may be revoked in any other justifiable circumstance.\nThe fact that the holder of this permit has complied with the conditions of the permit does not of itself relive the holder from liability for any loss or damage caused by a fire lit under the authority of the permit (see Fire and Emergency Services Act 2005 section 81(13)).\nSignature of authorised officer:\nName of authorised officer:\nID number of authorised officer:\nDate and time of issue:\n","sortOrder":29},{"sectionNumber":"Sch 10","sectionType":"schedule","heading":"Permit authorising person to light or maintain fire in open air contrary to terms of total fire ban","content":"Schedule 10—Permit authorising person to light or maintain fire in open air contrary to terms of total fire ban\nPermit number:\nPursuant to section 81 of the Fire and Emergency Services Act 2005 this permit is issued for the purpose of [insert purpose].\nCertain acts constitute lighting and maintaining fire—see regulation 29A.\nThis permit is issued to [insert full name] of [insert address] and authorises the holder of the permit to light or maintain a fire at [specify location of proposed fire] contrary to the terms of a total fire ban for the purpose indicated above.\nThe location of the proposed fire must be specified with reasonable particularity, indicating either lot, section and hundred numbers, or an appropriate grid reference.\nThis permit is valid from [insert time] on [insert date] to [insert time] on [insert date].\nSubject to any variation by an authorised officer (as noted below), this permit is subject to—\n\t(a)\tthe conditions prescribed by the Fire and Emergency Services Regulations 2021, as set out on the reverse side of this permit; and\n\t(b)\tthe following additional conditions: [insert conditions or variations]\nThis permit is liable to be revoked if the permit holder fails to comply with a condition of the permit.\nThis permit may be revoked in any other justifiable circumstance.\nThe fact that the holder of this permit has complied with the conditions of the permit does not of itself relive the holder from liability for any loss or damage caused by a fire lit under the authority of the permit (see Fire and Emergency Services Act 2005 section 81(13)).\nSignature of authorised officer:\nName of authorised officer:\nID number of authorised officer:\nDate and time of issue:\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation revoked by principal regulations\nThe Fire and Emergency Services Regulations 2021 revoked the following:\nFire and Emergency Services Regulations 2005\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\nGazette 18.2.2021 p530 \n1.3.2021: r 2\nGazette 23.12.2021 p4641\n23.12.2021: r 2\nGazette 28.9.2023 p3293\n28.9.2023: r 2\nGazette 31.10.2024 p4040\n31.10.2024: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\nr 2\nomitted under Legislation Revision and Publication Act 2002\nr 3\n\nr 3(1)\n\nwelding\ninserted by 98/2023 r 3\nPt 3\n\nr 21\nsubstituted by 95/2024 r 3\nr 29A\ninserted by 198/2021 r 4\nr 29A(1)\namended by 98/2023 r 4\nr 31\n\nr 31(10)\namended by 98/2023 r 5\nr 39\n\nheading\namended by 98/2023 r 6(1)\nr 39(1)\namended by 98/2023 r 6(2)\nr 39(2a)\ninserted by 98/2023 r 6(3)\nPt 4\n\nr 54\namended by 98/2023 r 7\nPt 5\n\nPt 5 Div 1\n\nheading\namended by 95/2024 r 4\nr 57\nsubstituted by 95/2024 r 5\nPt 5 Div 3\n\nr 60\namended by 95/2024 r 6\nPt 5 Div 4\n\nr 61\nsubstituted by 95/2024 r 7\nPt 5 Div 5\n\nr 62\n\nr 62(1)\namended by 95/2024 r 8(1)\nr 62(4)\nsubstituted by 95/2024 r 8(2)\nPt 6\n\nr 70\n\nr 70(1)\namended by 98/2023 r 8\nSch 9\namended by 98/2023 r 9\nSch 10\namended by 98/2023 r 10\nSch 11\nomitted under Legislation Revision and Publication Act 2002\nHistorical versions\n\n","sortOrder":30}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be meaningfully assessed as the legislative text was not accessible. No comparison between original intent and enacted provisions is possible from the information provided."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Analysis is based solely on the document title and general knowledge of SA fire and emergency services law","Complexity of the actual regulations cannot be assessed without the text","Website migration (March 2026) appears to have broken the original hyperlink"],"plain_english_summary":"The Fire and Emergency Services Regulations 2021 are subordinate South Australian rules that set out practical details—licensing, operational standards, fees, equipment and property-owner responsibilities—under the State’s fire and emergency framework. They affect firefighters, emergency volunteers, property owners in bushfire areas, and emergency services.\n\nThe actual regulation text couldn’t be retrieved (page not found), so consult legislation.sa.gov.au or OPCWeb@sa.gov.au for the authoritative version."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulations' scope has been modified since initial enactment by several amendments. Notable changes include insertion and later amendment of regulation 29A (defining acts that constitute lighting/maintaining a fire) (inserted 23.12.2021; amended 28.9.2023), updates to prescribed activities (r 54 amended 28.9.2023), and substitutions/amendments to SASES membership, accounts and discipline provisions (r 57, r 60, r 61, r 62 varied 31.10.2024). Other technical and fee provisions were also revised (see legislative history entries for 2021, 2023 and 2024)."},"complexity_factors":["Broad executive discretion vested in the Chief Officer across registration, elections, permits, suspensions and exemptions (e.g. regs 7, 10, 11, 13, 31, 39).","Multiple overlapping governance regimes: SACFS brigades, SACFS groups, industry brigades and SASES units each with distinct membership, elections, reporting and disciplinary rules.","Extensive operational detail prescribing safe operation and exclusion zones for many activities during the fire danger season (regs 29A, 30–45) and technical requirements referencing Australian Standards.","Significant administrative burdens: member databases, annual returns, audited accounts and incident reporting obligations (regs 19, 20, 57, 59, 60, 22).","Enforcement toolkit includes permits, section 105F notices, warrants, expiation fees and monetary penalties with different rates for different breaches (regs 31, 54, 55, 56, 70, regs 45, 47).","Frequent cross‑references to the parent Act, external codes (State Bushfire Co‑ordination Committee codes), the Building Code and Australian Standards, increasing interpretive complexity.","Numerous prescribed forms and schedules for permits, notices and certificates (Schedules 1, 3, 6, 9, 10) requiring procedural compliance.","Recent amendments across multiple provisions (see legislative history), meaning practitioners must track changes to definitions and duties."],"plain_english_summary":"These regulations set out detailed rules for rural fire and emergency services in South Australia: how volunteer brigades, groups and S.A.S.E.S. units are formed and managed, what activities require permits, safety measures during the fire danger season, reporting and financial controls, and offences and fines. They affect volunteers, landowners, councils, industry operators and emergency organisations. The Chief Officer has broad decision‑making powers (registration, permits, suspensions) and certain prescribed persons may be required to meet costs for industry brigades (reg 27); compliance duties include registration, audits, permits, notices and possible penalties."},"kimi_summary":{"_metrics":{"completionTokens":475},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulations appear to maintain their original scope as operational rules supporting the 2005 Act. The 2021 version consolidates previous regulations without significant expansion beyond the established framework of fire service administration and fire prevention controls."},"complexity_factors":["Extensive cross-referencing to the parent Fire and Emergency Services Act 2005","Multiple nested subdivisions (Part 3 Division 5 Subdivision 2 etc.)","47+ defined terms including technical equipment specifications","Detailed conditional exceptions throughout fire prevention rules","Multiple prescribed forms in schedules with mandatory content","Overlapping jurisdictions between Chief Officer, councils, and regional officers","Technical Australian Standard references for equipment compliance","Extensive procedural requirements for elections, permits, and disciplinary actions"],"plain_english_summary":"These regulations set out the detailed rules for how South Australia's fire and emergency services operate day-to-day. They cover three main areas:\n\n**1. Running volunteer fire brigades and emergency units**\n- How the Country Fire Service (SACFS) brigades and groups are formed, with elections for officers like brigade captains and lieutenants\n- Membership categories including cadets (aged 11-17), firefighters, operational support, and honorary members\n- Financial reporting and audit requirements for volunteer organisations\n- Disciplinary processes for members who break rules\n\n**2. Fire prevention and restrictions**\n- Detailed rules about what fires are allowed during fire danger season (generally summer months)\n- When permits are needed to burn off land or use equipment that could start fires\n- Restrictions on machinery and activities that create sparks or heat — including welding, using internal combustion engines, aircraft operations, beekeeping smokers, bird scarers, and even rabbit fumigators\n- Special rules for total fire ban days, with some limited exceptions for cooking and cultural purposes\n- Requirements for fire safety equipment in caravans\n\n**3. State Emergency Service (SASES) operations**\n- Membership database requirements\n- Unit manager appointments\n- Financial accountability for units\n- Disciplinary procedures\n\n**Who it affects:** Anyone living in rural South Australia, volunteer firefighters, farmers, people using machinery in fire danger season, caravan owners, and local councils responsible for fire prevention."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/fire-and-emergency-services-regulations-2021","history":"/api/acts/fire-and-emergency-services-regulations-2021/history","analysis":"/api/acts/fire-and-emergency-services-regulations-2021/analysis","conflicts":"/api/acts/fire-and-emergency-services-regulations-2021/conflicts","importantCases":"/api/acts/fire-and-emergency-services-regulations-2021/important-cases","documents":"/api/acts/fire-and-emergency-services-regulations-2021/documents"}}