Part 8NOTICES AND PROXIES

PART 8—NOTICES AND PROXIES 8.1 Notices 8.2 Proxies

5 March 2021 GOVERNMENT GAZETTE, WA 891 BUSH FIRES ACT 1954 Under the powers conferred by the Bush Fires Act 1954, the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Broomehill-Tambellup resolved on 11 February 2021 to make the following local law. This local law may be cited as the Shire of Broomehill-Tambellup Bush Fire Brigades Local Law 2020. 1.2. Definitions (1) In this local law unless the context otherwise requires— Act means the Bush Fires Act 1954; brigade area is defined in clause 2.2(1)(b); brigade member means a fire fighting member, associate member or a cadet member of a bush fire brigade; brigade officer means a person holding a position referred to in clause 2.2 (1)(c), whether or not he or she was appointed by the local government or elected at an annual general meeting of a bush fire brigade or otherwise appointed to the position; bush fire brigade is defined in section 7 of the Act; Bush Fire Operating Procedures means the Bush Fire Operating Procedures adopted by the local government as amended from time to time; CEO means the Chief Executive Officer of the Shire of Broomehill-Tambellup; Council means the Council of the local government; Department means the Department of Fire and Emergency Services of Western Australia; District means the district of the local government fire fighting member is defined in clause 4.2; Regulations means Regulations made under the Act; and Rules means the Rules Governing the Operation of Bush Fire Brigades set out in the Schedule 1. (2) In this local law, unless the context otherwise requires, a reference to— (a) a Captain; (b) a First Lieutenant; (c) a Second Lieutenant; (d) any additional Lieutenants; (e) an Equipment Officer; (f) a Secretary; (g) a Treasurer; or (h) a Secretary / Treasurer combined, means a person holding that position in a bush fire brigade. 1.3. Commencement 1.4. Application

892 GOVERNMENT GAZETTE, WA 5 March 2021 PART 2—ESTABLISHMENT OF BUSH FIRE BRIGADES Division 1—Establishment of a bush fire brigade 2.1. Establishment of a bush fire brigade (1) The local government may establish a bush fire brigade for the purpose of carrying out normal brigade activities. (2) A bush fire brigade is established on the date of the local government’s decision under 2.2. Name and officers of bush fire brigade (1) On establishing a bush fire brigade under clause 2.1(1) the local government is to— (a) give a name to the bush fire brigade; (b) specify the area in which the bush fire brigade is primarily responsible for carrying out the normal brigade activities (the “brigade area”); and (c) appoint— (i) a Captain; (ii) a First Lieutenant; (iii) a Second Lieutenant; (iv) additional Lieutenants if the local government considers it necessary; (v) an Equipment Officer; (vi) a Secretary; and (vii) a Treasurer; or (viii) a Secretary/Treasurer combined. (2) When considering the appointment of persons to the positions in subclause (1)(c), the local government is to have regard to the qualifications and experience which may be required to fill each position. (3) A person appointed to a position in subclause (1)(c) is to be taken to be a brigade member. (4) The appointments referred to in subclause (1)(c) expire at the completion of the first annual general meeting of the bush fire brigade. (5) If a position referred to in subclause (1)(c) becomes vacant prior to the completion of the first annual general meeting, then the local government is to appoint a person to fill the vacancy in accordance with subclause (2). Division 2—Command at a fire 2.3. Ranks within the bush fire brigade (1) Where under the Act and Bush Fire Operating Procedures members of the bush fire brigade have command of a fire, unless a bushfire control officer is in attendance at the fire, the Captain has full control over other persons fighting the fire, and is to issue instructions as to the methods to be adopted by the firefighters. In the absence of the Captain, the first Lieutenant, and in the absence of the first, the second Lieutenant and so on, in the order of seniority determined, is to exercise all the powers and duties of the Captain. (2) Where a bushfire control officer is in attendance at a fire which the members of the bush fire brigade have command of under the Act and the Bush Fire Operating Procedures, the most senior bushfire control officer has full control over other persons fighting the fire and is to issue instructions as to the methods to be adopted by the fire fighters. Division 3—Application of Rules to a bush fire brigade 2.4. Rules (1) The Rules govern the operation of a bush fire brigade. (2) A bush fire brigade and each brigade member is to comply with the Rules. Division 4—Transitional 2.5. Existing Bush Fire Brigades (1) Where a local government has established a bush fire brigade prior to the commencement date, then on and from the commencement day— (a) the bush fire brigade is to be taken to be a bush fire brigade established under and in accordance with this local law; (b) the provisions of this local law apply to the bush fire brigade save for clause 2.2; and (c) any rules governing the operation of the bush fire brigade are to be taken to have been repealed and substituted with the Rules. commencement day means the day on which this local law comes into operation.