{"id":"wa-local:victoria-plains-shire-of-repeal-local-law","name":"Repeal Local Law","slug":"victoria-plains-shire-of-repeal-local-law","collection":"local_law","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442041,"registerId":"wa-local:victoria-plains-shire-of-repeal-local-law-1775957165918","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Repeal Local Law","content":"!2017171GG!\n4603\nISSN 1448-949X (print) ISSN 2204-4264 (online)\nPRINT POST APPROVED PP665002/00041\nPERTH, TUESDAY, 29 AUGUST 2017 No. 171 SPECIAL\nPUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 12.30 PM\n© STATE OF WESTERN AUSTRALIA\nWESTERN\nAUSTRALIAN\nGOVERNMENT\nSHIRE OF VICTORIA PLAINS\n_________\nBUSH FIRES ACT 1954\nLOCAL GOVERNMENT ACT 1995\nBUSH FIRE BRIGADES\nLOCAL LAW 2017\n———————————\nLOCAL GOVERNMENT ACT 1995\nREPEAL LOCAL LAW 2017\n\n\n\n29 August 2017 GOVERNMENT GAZETTE, WA 4605\nBUSH FIRES ACT 1954\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF VICTORIA PLAINS\nBUSH FIRE BRIGADES LOCAL LAW 2017\nCONTENTS\nPART 1—PRELIMINARY\n1.1 Citation\n1.2 Commencement\n1.3 Application\n1.4 Repeal\n1.5 Definitions\nPART 2—ESTABLISHMENT OF BUSH FIRE BRIGADES\n2.1 Establishment of a bush fire brigade\n2.2 Name and area of bush fire brigade\n2.3 Objects of bush fire brigades\n2.4 Chain of command during fire fighting activities\n2.5 Existing bush fire brigades\n2.6 Dissolution of bush fire brigade\n2.7 New arrangement after dissolution\nPART 3—ORGANISATION OF BUSH FIRE BRIGADES\n3.1 Local government responsible for structure\n3.2 Appointment of bush fire control officers\n3.3 Training of officers\n3.4 Managerial role of CBFCO\n3.5 Duties of Captain and bush fire brigade officers\nPART 4—MEMBERSHIP\n4.1 Types of membership of bush fire brigade\n4.2 Membership applications\n4.3 Membership—review, refusal, suspension or termination\n4.4 Member has right to review\n4.5 Existing liabilities to continue\n4.6 Disagreements\nPART 5—GENERAL\n5.1 Administration\n5.2 Finances\n5.3 Equipment\n5.4 Consideration in the local government budget\n\n\n\n29 August 2017 GOVERNMENT GAZETTE, WA 4607\nBUSH FIRES ACT 1954\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF VICTORIA PLAINS\nBUSH FIRE BRIGADES LOCAL LAW 2017\nUnder the powers conferred by the Bush Fires Act 1954, the Local Government Act 1995 and under all\nother powers enabling it, the Council of the Shire of Victoria Plains resolved on 19 July 2017 to make\nthe following local law.\nPART 1—PRELIMINARY\n1.1 Citation\nThis local law may be cited as the Shire of Victoria Plains Bush Fire Brigades Local Law 2017.\n1.2 Commencement\nThis local law will come into operation 14 days after its publication in the Government Gazette.\n1.3 Application\nThis local law applies throughout the district.\n1.4 Repeal\nThe Shire of Victoria Plains Fire Control Local Law as published in the Government Gazette on\n9 June 1998 is repealed.\n1.5 Definitions\nIn this local law unless the context otherwise requires—\nAct means the Bush Fires Act 1954;\nbrigade area has the meaning given to it in clause 2.2(b);\nbrigade member means a volunteer fire fighter having current membership of a bush fire\nbrigade;\nbrigade officer means a person holding a position referred to in clause 3.3(1), irrespective of\nmethod of appointment to the position;\nbush fire brigade has the meaning given to it in section 7 of the Act;\nbush fire control officer means a person appointed to that office by the local government;\nBush Fire Operating Procedures means the Bush Fire Operating Procedures as may be\nadopted by the local government and amended from time to time;\nCaptain means the person holding or acting in that position in a bush fire brigade;\nCBFCO means the Chief Bush Fire Control Officer;\nCEO means the Chief Executive Officer of the local government;\nCouncil means the Council of the local government;\ndistrict means the district of the local government;\nfire fighting activities means all normal brigade activities relating to a live bush fire which is\nactive in the district, and includes burning off, creating fire breaks and other methods for the\ncontrol of bush fires;\nLieutenant means the person holding that position in a bush fire brigade;\nlocal government means the Shire of Victoria Plains;\nnormal brigade activities has the meaning given to it in section 35A of the Act;\nPresident means President of the Council;\nRegulations means Bush Fires Regulations 1954 made under the Act; and\nvolunteer fire fighter has the meaning given to it in section 35A of the Act.\n\n4608 GOVERNMENT GAZETTE, WA 29 August 2017\nPART 2—ESTABLISHMENT OF BUSH FIRE BRIGADES\n2.1 Establishment of a bush fire brigade\n(1) The local government may establish a bush fire brigade for the purpose of carrying out normal\nbrigade activities.\n(2) A bush fire brigade is established on the date of the local government’s decision under\nsubclause (1).\n2.2 Name and area of bush fire brigade\nOn establishing a bush fire brigade under clause 2.1(1) the local government is to—\n(a) give a name to the bush fire brigade;\n(b) specify the area within the district in which the bush fire brigade is primarily responsible for\ncarrying out the normal brigade activities.\n2.3 Objects of bush fire brigades\nThe objects of the bush fire brigade are to carry out—\n(a) the normal brigade activities; and\n(b) the functions of the bush fire brigade which are specified in the Act, the Regulations and the\nlocal law.\n2.4 Chain of command during fire fighting activities\n(1) Subject to the Act, the chain of command to apply during fire fighting activities is—\n(a) bush fire control officers in order of seniority;\n(b) brigade officers in order of seniority; and\n(c) all other volunteer fire fighters.\n(2) The person in command has full control over other persons fighting the fire, and is to issue\ninstructions as to the methods to be adopted by the volunteer fire fighters, and may exercise all the\npowers and duties provided for by the Act.\n2.5 Existing bush fire brigades\nA bush fire brigade established prior to the day on which this local law comes into operation—\n(a) is to be taken to be a bush fire brigade established under and in accordance with this local\nlaw;\n(b) the provisions of this local law apply to the bush fire brigade save for clause 2.1; and\n(c) any rules governing the operation of the bush fire brigade are repealed and substituted with\nthe provisions of this local law.\n2.6 Dissolution of bush fire brigade\nIn accordance with section 41(3) of the Act, the local government may cancel the registration of a bush\nfire brigade if it is of the opinion that the bush fire brigade is not complying with the Act, this local\nlaw, or is not achieving the objectives for which it was established.\n2.7 New arrangement after dissolution\nIf the local government cancels the registration of a bush fire brigade, alternative fire control\narrangements are to be made in respect of the brigade area.\nPART 3—ORGANISATION OF BUSH FIRE BRIGADES\n3.1 Local government responsible for structure\nThe local government is to ensure that there is an appropriate structure through which the\norganisation of bush fire brigades is maintained.\n3.2 Appointment of bush fire control officers\n(1) The local government may appoint bush fire control officers in their absolute discretion, and apply\nconditions as considered appropriate.\n(2) Where only one person is appointed as a bush fire control officer, that person is the CBFCO for the\npurposes of this local law.\n(3) Where more than one person is appointed as a bush fire control officer, the local government shall\ndetermine seniority as CBFCO, Deputy CBFCO, and further seniority as is considered appropriate.\n(4) When considering the appointment of a person as a bush fire control officer, the local government\nis to have regard to the qualifications, training and experience which may be advisable to fill the\nposition.\n3.3 Training of officers\n(1) The local government is to supply each bush fire control officer and brigade captain with a copy of\nthe Act, the Regulations, any Bush Fire Operating Procedures adopted, this local law and any other\nwritten laws which may be relevant to the performance of the brigade officers’ functions, and any\namendments made from time to time.\n\n29 August 2017 GOVERNMENT GAZETTE, WA 4609\n(2) Bush fire control officers are to complete a Bush Fire Control Officers course conducted by an\norganisation approved by the CEO, within 12 months of appointment, unless a course has been\ncompleted within the 4 years prior to appointment as a bush fire control officer.\n(3) Bush fire control officers are required to complete a bush fire control officers course or a bush fire\ncontrol officers refresher course at least once every 5 years.\n3.4 Managerial role of CBFCO\nSubject to any directions by the local government the CBFCO has primary managerial responsibility\nfor the organisation and maintenance of bush fire brigades.\n3.5 Duties of Captain and bush fire brigade officers\nThe duties of the CBFCO and Captain include—\n(a) to provide leadership to bush fire brigades;\n(b) to monitor bush fire brigades’ resourcing, equipment and training levels;\n(c) to liaise with the local government concerning fire prevention or fire suppression matters\ngenerally and directions to be issued by the local government to bush fire control officers\n(including those who issue permits to burn), bush fire brigades or brigade officers;\n(d) to ensure that lists of brigade members are maintained in accordance with clause 4.3;\n(e) to report annually to the local government the office bearers of the bush fire brigade in the\nform of Form 12 of the Regulations; and\n(f) to report to the local government prior to the local government’s annual budget each year, for\nconsideration and appropriate provision being made in the next budget, the status of a bush\nfire brigade’s—\n(i) training and readiness;\n(ii) protective clothing;\n(iii) equipment; and\n(iv) vehicles and appliances.\nPART 4—MEMBERSHIP\n4.1 Types of membership of bush fire brigade\n(1) The membership of a bush fire brigade consists of volunteer fire fighters.\n(2) Registration as a volunteer fire fighter does not commit the person to participating in all normal\nbrigade activities.\n4.2 Membership applications\nThe decision on an application for admission of member, with or without conditions or restrictions,\nmay be made by—\n(a) either the Captain or CBFCO; jointly with\n(b) either the CEO or President.\n4.3 Membership—review, refusal, suspension or termination\n(1) The Captain is to review the membership and report to the CEO and CBFCO the name and\ncontact details of each brigade member.\n(2) If circumstances warrant, membership of the bush fire brigade may be refused or suspended at\nany time for a period considered appropriate in the opinion of—\n(a) either the Captain or CBFCO; jointly with\n(b) either the CEO or President.\n(3) Membership of the bush fire brigade terminates if the member—\n(a) dies;\n(b) gives written notice of resignation to the Captain or CEO;\n(c) is permanently incapacitated by mental or physical ill-health in the opinion of—\n(i) either the Captain or CBFCO; jointly with\n(ii) either the CEO or President; or\n(d) has been removed from the membership list for other sufficient reason in the opinion of—\n(i) either the Captain or CBFCO; jointly with\n(ii) either the CEO or President.\n(4) Where a decision under subclause (2), (3)(c) or (3)(d) is unable to be agreed, the matter is to be\nreferred to Council, whose decision shall be final.\n(5) Members are eligible to reapply where membership has ceased for any reason.\n4.4 Member has right to review\nA brigade member may appeal to the Council, whose decision shall be final, any—\n(a) refusal of membership;\n(b) suspension of membership; or\n(c) termination of membership.\n\n4610 GOVERNMENT GAZETTE, WA 29 August 2017\n4.5 Existing liabilities to continue\nThe resignation, suspension or termination of a member under clause 4.3 does not affect any liability\nof the brigade member arising prior to the date of resignation, suspension or termination of\nmembership.\n4.6 Disagreements\n(1) Any disagreement between brigade members regarding normal brigade activities may be referred\nto the Captain.\n(2) Where a disagreement in subclause (1) is considered by the Captain to be of importance to the\ninterests of the bush fire brigade, then the Captain is to refer the disagreement to the CEO.\n(3) The local government is the final authority on matters affecting the bush fire brigade, and may\nresolve any disagreement which is not resolved under subclause (1) or (2).\nPART 5—GENERAL\n5.1 Administration\nAll administrative matters of a bush fire brigade are to be managed by the local government, other\nthan brigade specific internal arrangements.\n5.2 Finances\nAll financial matters of a bush fire brigade are to be managed by the local government, other than\nbrigade specific internal arrangements.\n5.3 Equipment\nAll equipment purchased by the local government is the property of, and shall be insured by, the local\ngovernment.\n5.4 Consideration in the local government budget\nIn addition to funding made available through emergency services grants, the local government may\nprovide further funding depending upon the assessment of budget priorities for the year in question.\n————\nDated: 19 July 2017.\nThe Common Seal of the Shire of Victoria Plains was affixed by authority of a resolution of Council in\nthe presence of—\nD. S. LOVELOCK, President.\nG. M. TEEDE, Chief Executive Officer.\n———————————\n\n29 August 2017 GOVERNMENT GAZETTE, WA 4611\nLOCAL GOVERNMENT ACT 1995\nSHIRE OF VICTORIA PLAINS\nREPEAL LOCAL LAW 2017\nUnder the powers conferred by the Local Government Act 1995 and under all other powers enabling\nit, the Council of the Shire of Victoria Plains resolved on 19 July 2017 to make the following local law.\n1. Citation\nThis local law may be cited as the Shire of Victoria Plains Repeal Local Law 2017.\n2. Commencement\nThis local law will come into operation 14 days after publication in the Government Gazette.\n3. Repeal\nThe following local laws are repealed—\n(a) By-laws Governing Long Service Leave to be Granted to Employees of the Victoria Plains Road\nBoard, published in the Government Gazette on 20 July 1951;\n(b) By-laws for Regulating the Construction, Establishment, Operation and Maintenance of\nMotels, published in the Government Gazette on 6 October 1960;\n(c) By-laws Relating to the Keeping of Bees, published in the Government Gazette on 8 May 1962;\nand\n(d) By-law relating to Speed of Vehicles Driven on Land which is Vested in or Under the Care,\nControl or Management of the Shire of Victoria Plain, published in the Government Gazette on\n12 November 1968.\n————\nDated: 19 July 2017.\nThe Common Seal of the Shire of Victoria Plains was affixed by authority of a resolution of Council in\nthe presence of—\nD. S. LOVELOCK, President.\nG. M. TEEDE, Chief Executive Officer.\n———————————","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This local law replaces the Shire of Victoria Plains Fire Control Local Law 1998 (cl. 1.4) and repeals several historical by‑laws (listed in the Repeal Local Law). It narrows and updates local governance of bush fire brigades by centralising administrative, financial and equipment control with the local government, formalising command and training requirements, and removing outdated unrelated by‑laws, thus changing the practical scope and administrative responsibilities compared with the prior instruments."},"complexity_factors":["Cross-references to higher legislation and regulations (Bush Fires Act 1954 and Bush Fires Regulations) create dependency on external law for meaning and application (cl. 1.5 definitions, Preamble).","Local government has broad discretionary powers to appoint bush fire control officers and set conditions, creating administrative discretion (cl. 3.2).","Mixed decision-making arrangements require joint approval for membership matters (captain/CBFCO together with CEO/President), adding procedural steps and potential coordination costs (cls. 4.2–4.3).","Mandatory training regimes and recurrence intervals impose compliance obligations on officers (cl. 3.3).","Appeal path vests final authority in Council for membership disputes, concentrating decision risk at elected body (cl. 4.4).","Budgetary and property controls centralised to the local government (financial management and ownership of equipment), affecting who bears costs and liability (cls. 5.1–5.3).","Dissolution and transition rules require the Shire to arrange alternative fire control, creating implementation and continuity obligations (cls. 2.6–2.7)."],"plain_english_summary":"This instrument replaces the Shire’s 1998 fire-control rules and sets a fresh framework for bush fire brigades: how they are formed, led, staffed, trained, funded and dissolved, and makes the local government responsible for administration, equipment ownership and budgeting. It also repeals several obsolete by‑laws (long service leave, motels, bees, and vehicle speed on Shire land). It affects volunteer firefighters, the Shire’s officers and ratepayers by clarifying who decides, who pays, what training and recordkeeping are required, and how disputes or removals are handled."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purposes. The Bush Fire Brigades Local Law replaces a 1998 predecessor with updated but equivalent provisions for managing volunteer fire services. The Repeal Local Law performs a narrow housekeeping function to remove obsolete by-laws. Neither instrument has expanded beyond their intended administrative scope."},"complexity_factors":["Straightforward structure with 5 clear parts covering establishment, organisation, membership, and general administration","Only 16 defined terms in the interpretation section (clause 1.5), all standard for local government instruments","Minimal cross-referencing - primarily references to the parent Bush Fires Act 1954 and Regulations","Simple conditional logic (e.g., 'if only one person appointed, they are CBFCO; if more than one, determine seniority')","No nested exceptions or complex provisos","Second instrument (Repeal Local Law) is extremely simple - just a list of four repealed laws with no operative provisions","Total length is modest - approximately 6 pages of Gazette content with generous white space and formatting"],"plain_english_summary":"The Shire of Victoria Plains made two local laws in 2017. The Bush Fire Brigades Local Law establishes how volunteer brigades are formed, managed and commanded, sets membership, training and reporting responsibilities, and clarifies equipment and finance ownership—formalising brigade operations and accountability for local fire response. The Repeal Local Law simply abolishes four obsolete mid‑20th century Shire rules (on long service leave, motels, bees and speed limits), removing them from force."}},"importantCases":[],"_links":{"self":"/api/acts/victoria-plains-shire-of-repeal-local-law","history":"/api/acts/victoria-plains-shire-of-repeal-local-law/history","analysis":"/api/acts/victoria-plains-shire-of-repeal-local-law/analysis","conflicts":"/api/acts/victoria-plains-shire-of-repeal-local-law/conflicts","importantCases":"/api/acts/victoria-plains-shire-of-repeal-local-law/important-cases","documents":"/api/acts/victoria-plains-shire-of-repeal-local-law/documents"}}