33Determination of sole responsibility for fire suppression in certain areas

33 Determination of sole responsibility for fire suppression in certain areas S. 33(1)(a) amended by Nos 41/1987 s. 103(Sch. 4 item 8.3), 76/1998 s. 30(c), 5/2012 s. 20(1), 20/2019 s. 155(1). (1) (a) The Authority and the Secretary may jointly determine that either the Authority or the Secretary shall be solely responsible for the suppression of fires in any part of Victoria which lies outside the Fire Rescue Victoria fire district. S. 33(1)(b) amended by Nos 41/1987 s. 103(Sch. 4 item 8.3), 76/1998 s. 30(c). (b) Notice of every such determination describing by plan or otherwise the boundaries of the part of Victoria affected by the determination shall be published in the Government Gazette and a newspaper circulating generally in that part of Victoria and thereupon the Authority or the Secretary (as the case may be) shall be solely responsible accordingly for the suppression of fires in that part of Victoria. S. 33(2) amended by Nos 10004 s. 7, 41/1987 s. 103(Sch. 4 item 8.3), substituted by No. 50/1989 s. 11. (2) The powers and authorities conferred by this Act on the Chief Officer in respect of any district are exercisable as follows: S. 33(2)(a) amended by Nos 5/2012 s. 20(2), 35/2012 s. 7, 20/2019 s. 155(2). (a) If there is danger of a fire occurring or a fire is burning or has been recently extinguished at a place— S. 33(2)(a)(i) amended by No. 76/1998 s. 30(c). (i) in any part of the country area of Victoria (not being a part of Victoria in which by reason of a determination made under subsection (1), the Secretary is solely responsible for the suppression of fires); or (ii) in any part of Victoria in which by reason of a determination made under subsection (1), the Authority is solely responsible for the suppression of fires— by the Chief Officer or any officer in charge of any brigade or group of brigades who is present at that place or, if the Chief Officer or other officer is not present at that place or is unable to exercise those powers and authorities, by any person to whom section 30A applies or any officer of Fire Rescue Victoria who is present at that place; S. 33(2)(b) amended by No. 5/2012 s. 20(3). (b) If there is danger of a fire occurring or a fire is burning or has been recently extinguished at a place— (i) on any land within any forest, national park or protected public land (not being land in a part of Victoria in which by reason of a determination made under subsection (1), the Authority is solely responsible for the suppression of fires); or S. 33(2)(b)(ii) amended by No. 76/1998 s. 30(c). (ii) in any part of Victoria in which by reason of a determination under subsection (1), the Secretary is solely responsible for the suppression of fires— by any person to whom section 30A applies present at that place or, if such a person is not present at that place or is unable to exercise those powers and authorities, by the Chief Officer or any officer in charge of any brigade or group of brigades who is present at that place; S. 33(2)(c) amended by Nos 5/2012 s. 20(4), 20/2019 s. 155(3). (c) If there is danger of fire occurring or a fire is burning or has recently been extinguished at a place in any part of the Fire Rescue Victoria fire district, by an officer of Fire Rescue Victoria who is present at that place or, if an officer of Fire Rescue Victoria is not present at that place or is unable to exercise those powers and authorities, by the Chief Officer or any officer in charge of any brigade or brigades who is present at that place. S. 34 amended by Nos 6956 s. 9(1)(2), 7877 s. 2(1)(c), substituted by No. 8257 s. 8.