NORTHERN TERRITORY OF AUSTRALIA
FIRE AND EMERGENCY REGULATIONS 1996
As in force at 16 July 2024
Table of provisions
Part 1 Preliminary matters
1 Citation ............................................................................................ 1
2 Definitions ........................................................................................ 1
Part 2 General requirements
3 Firebreaks........................................................................................ 2
4 Accumulation of flammable or combustible material........................ 2
5 Stacked containers .......................................................................... 3
6 Stacked timber and wood ................................................................ 3
7 Stacked flammable or combustible material .................................... 3
7A Stacked tyres ................................................................................... 4
8 Flues ................................................................................................ 5
9 Cutting, heating and welding equipment .......................................... 5
10 Oily waste ........................................................................................ 6
11 Emergency planning for certain buildings ........................................ 6
11A Evacuation of building ..................................................................... 8
12 Accommodation parks ..................................................................... 8
Part 2A Requirements relating to smoke alarms
13 Definitions ........................................................................................ 9
13A Requirement to install smoke alarms............................................. 11
13B Installation ..................................................................................... 12
13C Maintenance in residential premises and moveable dwellings
used by owner ............................................................................... 12
13D Maintenance in residential premises and moveable dwellings
used by tenant or hirer ................................................................... 13
13E Testing ........................................................................................... 15
13F Agent may act for owner ................................................................ 15
13G No interference with smoke alarms ............................................... 15
13H Part applies to all smoke alarms .................................................... 16
Part 3 Infringement notice offences
14 Definitions ...................................................................................... 16
15 Infringement notice offence and prescribed amount payable ........ 16
16 When infringement notice may be given ........................................ 17
17 Contents of infringement notice ..................................................... 17
18 Payment by cheque ....................................................................... 18
Fire and Emergency Regulations 1996 ii
18A Withdrawal of infringement notice.................................................. 18
18B Application of Part ......................................................................... 18
Part 4 Miscellaneous matters
19 Commissioned ranks ..................................................................... 19
20 Fees and charges .......................................................................... 19
Schedule 2 Prescribed buildings
Schedule 3 Infringement notice offences and
prescribed amounts
Schedule 4 Fees and charges
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 16 July 2024
FIRE AND EMERGENCY REGULATIONS 1996
Regulations under the Fire and Emergency Act 1996
Part 1 Preliminary matters
1 Citation
These Regulations may be cited as the Fire and Emergency
Regulations 1996.
2 Definitions
In these Regulations:
AS, followed by a designation, means the Australian Standard
having that designation.
Australian Standard means a standard published by Standards
Australia Limited ABN 85 087 326 690, as in force from time to
time.
Building Code means the Building Code of Australia published by
the Australian Building Codes Board, as in force from time to time.
caravan means a habitable structure designed to be towed or
carried by a motor vehicle (whether or not the structure has
wheels), and includes an annex attached to the structure.
manufactured home means a structure that:
(a) has the character of a dwelling house; and
(b) is designed to be able to be moved from one place to another;
and includes an annex attached to the structure.
moveable dwelling means:
(a) a manufactured home; or
(b) a caravan; or
Part 2 General requirements
Fire and Emergency Regulations 1996 2
(c) a permanently sited tent that:
(i) has a permanent floor structure; and
(ii) is used or offered for use for residential purposes.
Part 2 General requirements
3 Firebreaks
(1) The occupier or, if there is no occupier, the owner of land in an
emergency response area must ensure a firebreak that complies
with this regulation is created and maintained along the entire
boundary of the land.
Maximum penalty: 100 penalty units.
(2) The firebreak must:
(a) be at least 4 m wide; and
(b) consist of one or more of the following:
(i) bare earth;
(ii) grass not exceeding 50 mm high;
(iii) lawn or cultivated garden.
(3) However, the firebreak may contain trees if they do not:
(a) restrict fire-fighting vehicles being driven along the firebreak;
or
(b) otherwise pose a direct or indirect danger by fire or other
emergency to life or property.
4 Accumulation of flammable or combustible material
Subject to regulation 12, the occupier or, if there is no occupier, the
owner of land must ensure flammable or combustible material does
not accumulate on the land in a way that constitutes a danger by
fire.
Maximum penalty: 100 penalty units.
Part 2 General requirements
Fire and Emergency Regulations 1996 3
5 Stacked containers
The occupier of land on which empty cases, boxes, cartons or other
containers of a flammable or combustible nature are stacked in the
open air must ensure each stack:
(a) is not more than 2 m high; and
(b) is built on a base not more than 2 m wide; and
(c) is accessible on all sides by means of a passageway at least
1 m wide; and
(d) is not less than 4 m from any structure on the land or the
boundary of the land.
Maximum penalty: 100 penalty units.
6 Stacked timber and wood
The occupier of land on which sawn timber or wood is stacked in
the open air must ensure:
(a) each stack is not more than 3 m high; and
(b) each stack is built on a base not more than 2.5 m wide; and
(c) each stack is accessible on all sides by means of a
passageway at least 1.5 m wide; and
(d) the ground is so cleared that there is no flammable or
combustible matter within 4 m of each stack; and
(e) each stack is not less than 4 m from any structure on the land
or the boundary of the land.
Maximum penalty: 100 penalty units.
7 Stacked flammable or combustible material
The occupier of land on which bulk flammable or combustible
material is stored, whether loose or packed in cases, bags, bales,
cartons or boxes, must ensure:
(a) the flammable or combustible material is not stored in a way
that constitutes a danger by fire; and
Part 2 General requirements
Fire and Emergency Regulations 1996 4
(b) if the flammable or combustible material is stored in an
enclosed building:
(i) it is stored in bays the dimensions of which do not
exceed 3 m in length or width; and
(ii) the top of the stack of material in each bay is at least
75 cm below the ceiling of the building; and
(iii) there is a clear passageway at least 1.5 m wide between
each bay; and
(c) the flammable or combustible material is stored not less than
4m from the boundary of the land.
Maximum penalty: 100 penalty units.
7A Stacked tyres
(1) The occupier of land on which tyres (whether new or used) are
stacked must ensure that:
(a) the height of any stack does not exceed 3 m; and
(b) the base layer of tyres in any stack does not exceed 45 m in
length and 5 m in width; and
(c) the slope of any side of any stack is not steeper than 1:1.
Maximum penalty: 100 penalty units.
(2) The occupier must ensure that stacks are separated from each
other, and from the boundary of the land:
(a) by not less than 10 m at any point; or
(b) by walls that have a fire rating of not less than 4 hours.
Maximum penalty: 100 penalty units.
(3) The occupier must ensure that, if stacks are separated by walls:
(a) the walls exceed the height of the stacks by not less than
1.5 m and protrude not less than 1.5 m past the stack at either
end; and
(b) the stacks are not grouped more than 2 stacks in either
direction; and
(c) the aggregate width of the group does not exceed 10 m; and
Part 2 General requirements
Fire and Emergency Regulations 1996 5
(d) the aggregate length of the group does not exceed 90 m; and
(e) a group of stacks is separated from any other flammable or
combustible material (including any other group of stacks, any
individual stacks and grass or weeds) by not less than 10 m at
any point.
Maximum penalty: 100 penalty units.
8 Flues
The occupier of a building in which a fume or exhaust flue has been
constructed must ensure the flue is:
(a) fitted with inspection ports; and
(b) inspected at least twice annually; and
(c) cleaned at least annually.
Maximum penalty: 100 penalty units.
9 Cutting, heating and welding equipment
(1) The occupier of land on which cutting, heating or welding
equipment, as defined in AS 1674 (Safety in welding and allied
processes), is used as part of a business conducted on the land
must ensure, while the equipment is being used:
(a) a fire extinguisher of a type that is appropriate in accordance
with AS 2444 (Portable fire extinguishers and fire blankets –
Selection and location), having regard to the equipment being
used, is readily accessible to the person using the equipment;
and
(b) where there is a possibility of danger by fire to life or property,
a protective screen surrounds the area in which the equipment
is being used.
Maximum penalty: 100 penalty units.
(2) A person using cutting, heating or welding equipment, as defined in
AS 1674 (Safety in welding and allied processes), whether in the
open air or in an enclosed space, must ensure all welding dross or
residue that may be a source of ignition for flammable or
combustible material or that may cause a fire is contained within the
immediate vicinity of the equipment and properly extinguished.
Maximum penalty: 100 penalty units.
Part 2 General requirements
Fire and Emergency Regulations 1996 6
10 Oily waste
The occupier of land on which a factory, workshop, service station,
engine-room, power station or shipyard is situated must ensure:
(a) adequate steel containers are provided for all polishing cloths,
oil-soaked rags and oily waste; and
(b) the containers are fitted with secure tightly fitting lids.
Maximum penalty: 100 penalty units.
11 Emergency planning for certain buildings
(1AA) The classes of buildings (prescribed buildings) specified in
Schedule 2 are prescribed for section 27A(1) of the Act.
(1) The owner of a prescribed building must ensure all persons who
work in the building are given instruction in accordance with
subregulation (2) on measures for the protection of persons in the
building from fire and fire related emergencies:
(a) not later than 30 days after commencing work in the building;
and
(b) at intervals of not more than 12 months while they continue to
work in the building.
Maximum penalty: 100 penalty units.
(2) The instruction must include information relating to the following:
(a) the means of access to and egress from the building;
(b) the location of fire-fighting equipment available in the building
and the method of use of the equipment;
(c) the location of warning apparatus in the building and the
method of use of the apparatus;
(d) for persons nominated as fire wardens for areas of the
building:
(i) conducting other persons to the means of egress
mentioned in paragraph (a) or a place of safety; and
(ii) the methods of accounting for persons and reporting to
the person for the time being in charge of the building.
Part 2 General requirements
Fire and Emergency Regulations 1996 7
(3) The owner of a prescribed building must keep a register containing
details of the following:
(a) the information to be given to persons working in the building;
(b) the name of the person responsible for giving the instruction
required by this regulation and the date on which such
instruction was given;
(c) the names of the persons or the groups of persons to whom
instruction was given and a description of the kind of
instruction given.
Maximum penalty: 20 penalty units.
(4) The owner must produce the register for inspection on demand by a
member.
Maximum penalty: 100 penalty units.
(5) The owner of a prescribed building must ensure the requirements of
AS 3745 (Planning for emergencies in facilities) are applied to
safety systems that are installed in the building.
Maximum penalty: 100 penalty units.
(6) The owner of a prescribed building must ensure:
(a) fire alarms and other warning apparatus, exit lights,
emergency lighting and fire-fighting equipment are maintained
in accordance with relevant standards; and
(b) there is no obstruction of designated fire exits or the path of
travel to those exits; and
(c) flammable or combustible material is not stored in, or in the
vicinity of, stairways or exits; and
(d) designated fire exits are:
(i) fitted with locking devices that comply with the relevant
Australian Standard and any legislative requirements;
and
(ii) not fitted with any non-compliant locking devices; and
(e) if any law provides for a maximum permissible number of
persons that may be in the building at any time – the number
of persons in the building does not exceed the maximum.
Maximum penalty: 100 penalty units.
Part 2 General requirements
Fire and Emergency Regulations 1996 8
11A Evacuation of building
A person must evacuate a building if:
(a) a fire alarm or other warning apparatus in the building has
been activated; and
(b) the person is directed to evacuate by the person who is, for
the time being, in charge of the building or a person
nominated as a fire warden for the building.
Maximum penalty: 100 penalty units.
12 Accommodation parks
(1) An accommodation park owner commits an offence if the owner
fails to do any of the following in relation to the accommodation
park:
(a) ensure all moveable dwellings in the park are separated from
each other, buildings, internal roadways and the boundary of
the park by at least 3 m at every point;
(b) ensure access into and within the park is sufficient to enable
fire-fighting vehicles to enter and access all areas of the park;
(c) comply with AS 2441 (Installation of fire hose reels) in relation
to the installation of fire hose reels in the park;
(d) ensure flammable or combustible material does not
accumulate in the park in a way that constitutes a danger by
fire;
(e) prepare an emergency management plan for the park showing
the number of each site and the location of fire-fighting
equipment and evacuation points in the park;
(f) ensure all staff employed at the park are trained in the
procedures contained in the plan;
(g) ensure a copy of the plan is:
(i) given to each person who occupies a site in the park;
and
Part 2A Requirements relating to smoke alarms
Fire and Emergency Regulations 1996 9
(ii) displayed in at least one prominent location within the
park.
Maximum penalty: 100 penalty units.
Note for subregulation (1)
Requirements relating to the installation and maintenance of smoke alarms are
contained in Part 2A.
(2) In this regulation:
accommodation park means an area of land used or intended to
be used (whether seasonally or not) as a complex of sites or
moveable dwellings or both, for which rights of occupancy are
conferred under site agreements (whether with or without common
areas that may include bathroom, toilet and laundry facilities).
accommodation park owner, for an accommodation park, means
any person who is (either wholly or partly) the owner of the
business that operates the park.
site agreement means an agreement under which an
accommodation park owner grants another person, for valuable
consideration, a right to:
(a) occupy a site in the owner's accommodation park, and place a
caravan on the site, for residential purposes; or
(b) occupy a site in the owner's accommodation park, and a
moveable dwelling made available on the site by the
accommodation park owner, for residential purposes.
Part 2A Requirements relating to smoke alarms
13 Definitions
In this Part:
class 1 building means a building that, under the Building Code, is
classified as a class 1 building.
class 2 building means a building that, under the Building Code, is
classified as a class 2 building.
class 3 building means a building that, under the Building Code, is
classified as a class 3 building.
class 4 part of a building means a part of a building that, under
the Building Code, is classified as a class 4 building.
Part 2A Requirements relating to smoke alarms
Fire and Emergency Regulations 1996 10
hire agreement means an agreement under which the owner of a
moveable dwelling grants to another person (whether or not for
valuable consideration):
(a) a right which may be (but need not be) an exclusive right to
occupy the dwelling for residential purposes; or
(b) a right to otherwise use the dwelling.
hirer, for a moveable dwelling, means:
(a) any person who has a right to occupy or use the dwelling
under a hire agreement; or
(b) if the right to occupy or use the dwelling has been transferred
in any way to another person – the other person.
Example
A right to occupy or use a moveable dwelling may be transferred by a hirer
entering into a sub-hire agreement or an assignment of a hire agreement.
information statement means the information given to the tenant
or hirer under regulation 13D(1)(e).
residential premises means:
(a) a class 1 building; or
(b) a sole occupancy unit in a class 2 building; or
(c) a class 3 building; or
(d) a class 4 part of a building.
tenancy agreement means an agreement under which the owner
of residential premises grants to another person (whether or not for
valuable consideration) a right which may be (but need not be) an
exclusive right to occupy the premises for residential purposes.
tenant, for residential premises, means:
(a) any person who has a right to occupy the premises under a
tenancy agreement; or
(b) if the right to occupy the premises has been transferred in any
way to another person – the other person.
Example
A right to occupy residential premises may be transferred by a tenant entering
into a sub-tenancy agreement or an assignment of a tenancy agreement.
Part 2A Requirements relating to smoke alarms
Fire and Emergency Regulations 1996 11
wired, in relation to a smoke alarm, means the smoke alarm:
(a) is hard wired to mains electricity; and
(b) has an internal stand-by battery designed to be replaced by
the user.
13A Requirement to install smoke alarms
(1) The owner of residential premises or a moveable dwelling must
ensure approved smoke alarms are installed in the premises or
dwelling in accordance with the requirements of regulation 13B.
Maximum penalty: 10 penalty units.
(2) However, if on the commencement of this regulation one or more
ionisation smoke alarms have been installed in the residential
premises or moveable dwelling in accordance with the
requirements of regulation 13B, subregulation (1) does not apply in
relation to the premises or dwelling until the earlier of the following:
(a) if an ionisation smoke alarm installed in the premises or
dwelling ceases to function – the day of the cessation;
(b) if the owner enters into a contract to sell the premises or
dwelling – the day before the date of settlement of the
contract;
(c) if the owner agrees to enter into a tenancy agreement, or
renew or extend a tenancy agreement, in relation to the
premises – the day before the tenancy agreement or renewal
or extension takes effect;
(d) if the owner agrees to enter into a hire agreement, or renew or
extend a hire agreement, in relation to the dwelling – the day
before the hire agreement or renewal or extension takes
effect.
(3) In this regulation:
approved smoke alarm means a photo-electric type smoke alarm
that:
(a) complies with AS 3786 (Smoke alarms); and
(b) is wired or is a sealed 10 year lithium battery unit.
ionisation smoke alarm means an ionisation type smoke alarm
that complies with AS 3786 (Smoke alarms).
Part 2A Requirements relating to smoke alarms
Fire and Emergency Regulations 1996 12
13B Installation
(1) For residential premises, smoke alarms must be installed in
accordance with the following:
(a) for a class 1a building – specification 3.7.2.3 of the Building
Code;
(b) for a class 1b building – specification 3.7.2.4 of the Building
Code;
(c) for a sole-occupancy unit in a class 2 building or a class 4 part
of a building – specification E 2.2a, clause 3(c)(i) of the
Building Code;
(d) for a class 3 building – specification E 2.2a of the Building
Code.
(2) For a manufactured home to which subregulation (1) does not apply
and for a tent, smoke alarms must be installed on or near the
ceiling:
(a) in every corridor or hallway associated with a bedroom; or
(b) if there is no corridor or hallway associated with a bedroom –
between the part of the dwelling containing the bedroom and
the remainder of the dwelling.
(3) For a caravan, one smoke alarm must be installed on the ceiling of
the caravan.
(4) If it is not practicable for a smoke alarm to be installed at the
location required under this regulation, the smoke alarm may be
installed at another location that will provide a warning to occupants
of the residential premises or moveable dwelling.
Example for subregulation (4)
A smoke alarm that is regularly activated by steam from a bathroom or smoke or
fumes from a kitchen may be moved to another appropriate location.
13C Maintenance in residential premises and moveable dwellings
used by owner
(1) This regulation applies to:
(a) residential premises that are occupied for residential purposes
by the owner of the premises; and
(b) a moveable dwelling that is occupied for residential purposes,
or used for sleeping, by the owner of the dwelling.
Part 2A Requirements relating to smoke alarms
Fire and Emergency Regulations 1996 13
(2) The owner of the residential premises or moveable dwelling must
do the following:
(a) test each smoke alarm in the premises or dwelling, in
accordance with regulation 13E, at intervals of not more than
12 months;
(b) immediately replace a smoke alarm that does not function
when tested;
(c) immediately replace a stand-by battery in a wired smoke
alarm in the premises or dwelling, in accordance with the
manufacturer's instructions, if:
(i) the battery is spent; or
(ii) the owner is aware the battery is almost spent;
(d) clean each smoke alarm in the premises or dwelling in
accordance with the manufacturer's instructions at intervals of
not more than 12 months.
Maximum penalty: 5 penalty units.
Note for paragraph (c)
A smoke alarm may emit a warning signal (for example, a beeping sound) when
its battery is almost spent.
Note for paragraph (d)
The manufacturer's instructions may require that the smoke alarm be cleaned
with a vacuum cleaner to remove dust and other materials that may hinder its
performance.
13D Maintenance in residential premises and moveable dwellings
used by tenant or hirer
(1) Within 30 days before the start of a tenancy agreement in relation
to residential premises, or a hire agreement in relation to a
moveable dwelling, the owner of the premises or dwelling must do
the following:
(a) test each smoke alarm in the premises or dwelling in
accordance with regulation 13E;
(b) replace a smoke alarm that does not function when tested;
Part 2A Requirements relating to smoke alarms
Fire and Emergency Regulations 1996 14
(c) replace a stand-by battery in a wired smoke alarm in the
premises or dwelling, in accordance with the manufacturer's
instructions, if:
(i) the battery is spent; or
(ii) the owner is aware the battery is almost spent;
(d) clean each smoke alarm in the premises or dwelling in
accordance with the manufacturer's instructions;
(e) give the tenant or hirer written information about testing and
maintaining the smoke alarms.
Maximum penalty: 5 penalty units.
Note for paragraph (c)
A smoke alarm may emit a warning signal (for example, a beeping sound) when
its battery is almost spent.
Note for paragraph (d)
The manufacturer's instructions may require that the smoke alarm be cleaned
with a vacuum cleaner to remove dust and other materials that may hinder its
performance.
(2) During the term of a tenancy agreement or hire agreement, the
tenant of the residential premises or hirer of the moveable dwelling
must do the following:
(a) test each smoke alarm in the premises or dwelling, in
accordance with regulation 13E, at intervals of not more than
12 months;
(b) if a smoke alarm does not function when tested – advise the
owner of the premises or dwelling as soon as practicable;
(c) replace each stand-by battery in a wired smoke alarm in the
premises or dwelling, in accordance with the information
statement, if:
(i) the battery is spent; or
(ii) the tenant or hirer is aware the battery is almost spent;
Part 2A Requirements relating to smoke alarms
Fire and Emergency Regulations 1996 15
(d) clean each smoke alarm in the premises or dwelling, in
accordance with the information statement, at intervals of not
more than 12 months.
Maximum penalty: 5 penalty units.
Note for paragraph (c)
A smoke alarm may emit a warning signal (for example, a beeping sound) when
its battery is almost spent.
Note for paragraph (d)
The manufacturer's instructions may require that the smoke alarm be cleaned
with a vacuum cleaner to remove dust and other materials that may hinder its
performance.
(3) As soon as practicable after receiving advice under
subregulation (2)(b) about a smoke alarm, the owner of the
residential premises or moveable dwelling must:
(a) test the smoke alarm; and
(b) replace the smoke alarm if it does not function when tested.
Maximum penalty: 5 penalty units.
13E Testing
A smoke alarm must be tested in the following way:
(a) for an alarm that can be tested by pressing a button or other
device to indicate whether the alarm is capable of detecting
smoke – by pressing the button or other device;
(b) otherwise – by testing the alarm in the way stated in the
manufacturer's instructions.
13F Agent may act for owner
(1) A requirement imposed on an owner to comply with this Part in
relation to a smoke alarm at residential premises or a moveable
dwelling may be complied with for the owner by the owner's agent.
(2) However, if the residential premises or moveable dwelling is subject
to a tenancy agreement or hire agreement, the tenant or hirer
cannot be the owner's agent for complying with this Part.
13G No interference with smoke alarms
(1) This regulation applies to a smoke alarm installed in residential
premises or a moveable dwelling.
Part 3 Infringement notice offences
Fire and Emergency Regulations 1996 16
(2) A person must not:
(a) subject to regulation 13H(2), remove the smoke alarm; or
(b) remove a battery from the smoke alarm; or
(c) do anything that would reduce the effectiveness of the warning
provided by the smoke alarm.
Maximum penalty: 10 penalty units.
(3) However, this regulation does not prevent a person from:
(a) removing the smoke alarm to comply with regulation 13A; or
(b) removing a battery from the smoke alarm to comply with
regulation 13C or 13D.
13H Part applies to all smoke alarms
(1) To avoid doubt, this Part (other than regulations 13A and 13B)
applies in relation to a smoke alarm installed in residential premises
or a moveable dwelling even though the smoke alarm is not
required to be installed under regulation 13A.
(2) However, this Part does not prevent the owner of residential
premises or a moveable dwelling from removing a smoke alarm that
is not required to be installed under regulation 13A.
Part 3 Infringement notice offences
14 Definitions
In this Part:
infringement notice, see regulation 16.
infringement notice offence, see regulation 15(1).
prescribed amount, see regulation 15(2).
15 Infringement notice offence and prescribed amount payable
(1) An infringement notice offence is an offence against a provision
specified in Schedule 3.
(2) The prescribed amount for an infringement notice offence is the
amount equal to the monetary value of the number of penalty units
specified opposite the offence in Schedule 3.
Part 3 Infringement notice offences
Fire and Emergency Regulations 1996 17
16 When infringement notice may be given
If a police officer or authorised person reasonably believes a person
has committed an infringement notice offence, the officer or person
may give a notice (an infringement notice) to the person.
17 Contents of infringement notice
(1) The infringement notice must specify the following:
(a) the name and address of the person, if known;
(b) the date the infringement notice is given to the person;
(c) the date, time and place of the infringement notice offence;
(d) a description of the offence;
(e) the prescribed amount payable for the offence;
(f) the enforcement agency, as defined in the Fines and Penalties
(Recovery) Act 2001, to whom the prescribed amount is
payable.
(2) The infringement notice must include a statement to the effect of
the following:
(a) the person may expiate the infringement notice offence and
avoid any further action in relation to the offence by paying the
prescribed amount to the specified enforcement agency within
28 days after the notice is given;
(b) the person may elect under section 21 of the Fines and
Penalties (Recovery) Act 2001 to have the matter dealt with by
a court instead of under that Act by completing a statement of
election and giving it to the specified enforcement agency;
(c) if the person does nothing in response to the notice,
enforcement action may be taken under the Fines and
Penalties (Recovery) Act 2001, including (but not limited to)
action for the following:
(i) suspending the person's licence to drive;
(ii) seizing personal property of the person;
(iii) deducting an amount from the person's wages or salary;
(iv) registering a statutory charge on land owned by the
person;
Part 3 Infringement notice offences
Fire and Emergency Regulations 1996 18
(v) making a community work order for the person and
imprisonment of the person if the person breaches the
order.
(3) Also, the infringement notice must include an appropriate form for
making the statement of election mentioned in subregulation (2)(b).
18 Payment by cheque
If the person tenders a cheque in payment of the prescribed
amount, the amount is not taken to have been paid unless the
cheque is cleared on first presentation.
18A Withdrawal of infringement notice
(1) Any of the following persons may withdraw the infringement notice
by written notice given to the person:
(a) the person who gave the notice;
(b) a police officer authorised for the purpose by the
Commissioner of Police;
(c) a person authorised for the purpose by the Commissioner.
(2) The notice must be given:
(a) within 28 days after the infringement notice is given to the
person; and
(b) before payment of the prescribed amount.
18B Application of Part
(1) This Part does not prejudice or affect the start or continuation of
proceedings for an infringement notice offence for which an
infringement notice has been given unless the offence is expiated.
(2) Also, this Part does not:
(a) require an infringement notice to be given; or
(b) affect the liability of a person to be prosecuted in a court for an
offence for which an infringement notice has not been given;
or
(c) prevent more than one infringement notice for the same
offence being given to a person.
Part 4 Miscellaneous matters
Fire and Emergency Regulations 1996 19
(3) If more than one infringement notice for the same offence has been
given to a person, the person may expiate the offence by paying
the prescribed amount in accordance with any of the notices.
Part 4 Miscellaneous matters
19 Commissioned ranks
For section 44 of the Act, the rank of District Officer is prescribed.
20 Fees and charges
(1) For section 43 of the Act, the fees and charges specified in
Schedule 4 are prescribed.
(2) The Commissioner may, wholly or partly, waive a fee payable under
the Act if satisfied:
(a) payment of the fee would cause financial hardship to the
person required to pay the fee; or
(b) it is reasonable in all the circumstances to do so.
Schedule 2 Prescribed buildings
Fire and Emergency Regulations 1996 20
Schedule 2 Prescribed buildings
regulation 11
Buildings used for health care where the occupants undergo medical
treatment and generally would need physical assistance to evacuate the
building during an emergency, including:
(a) public or private hospitals;
(b) nursing homes or buildings used to accommodate sick or
disabled persons needing full-time nursing care; and
(c) medical clinics, day surgeries or procedure units where
patients may require medical care for some time after
treatment.
Buildings used as child care centres.
Buildings used as places of public entertainment.
Buildings used for educational purposes, including schools, educational
colleges and universities.
Buildings where people may assemble including for civic, theatrical, social,
political, religious, recreational or transit purposes.
Buildings used for long term or transient residential accommodation for
unrelated persons, including:
(a) boarding houses, guest houses, hostels, lodging-houses and
back packers accommodation;
(b) the residential parts of motels and hotels;
(c) the residential parts of schools;
(d) accommodation for the aged, disabled or children; and
(e) the residential parts of buildings used for health care that
accommodate medical staff.
Office buildings.
Shopping complexes, including super markets and large variety stores that
incorporate smaller variety stores in the complex.
Buildings used as factories or warehouses, including buildings in which goods
are manufactured, processed, produced, assembled, altered, packaged,
finished, cleaned, stored or displayed.
Schedule 2 Prescribed buildings
Fire and Emergency Regulations 1996 21
Buildings used as fuel depots in which bulk fuels in tanks or packages are
stored before distribution.
Buildings licensed under the Liquor Act 2019 for the sale of liquor for
consumption on the buildings and where entertainment is provided, including
bars, restaurants, discotheques and nightclubs.
Buildings used as laboratories, whether for commercial, industrial and
educational purposes.
Schedule 3 Infringement notice offences and prescribed amounts
Fire and Emergency Regulations 1996 22
Schedule 3 Infringement notice offences and prescribed
amounts
regulation 15
Provision Prescribed amount in penalty units
sections 21(1), 23(2), 25(4), 28,
30(6)(a), 32, 33, 35(1), 36(1), (3) and
(5) and 41(2) of Act
4
regulations 3(1) and (4), 4, 5, 6, 7,
7A(1) to (3), 8, 9(1) and (2), 10, 11(1)
and (3) to (6), 11A and 12(1)
4
regulation 13A(1) 1
regulations 13C(2) and 13D(1) to (3) 0.5
regulation 13G(2) 1
Schedule 4 Fees and charges
Fire and Emergency Regulations 1996 23
Schedule 4 Fees and charges
regulation 20
1 Definitions
In this Schedule:
alternative solution means a building solution to ensure a building
that does not satisfy the "deemed-to-satisfy" provisions under the
Building Code complies with the performance requirements
applicable to it under the Building Code.
alternative solution meeting means a meeting to consider and
decide on an alternative solution.
fire engineering design review, see clause 5.
item means an item of the Table in this Schedule.
NTFAST means the Northern Territory Fire Alarm System
Transmission.
NTFRS report means a report by the Fire and Rescue Service as a
reporting authority under the Building Act 1993.
2 Attendance at fire or other emergency
The following fees are payable if one or more members, with or
without equipment, attends a fire or other emergency:
(a) the fees specified in item 1.1 for each member who attends;
(b) if a vehicle mentioned in item 1.2 is taken to the emergency by
a member – the fees specified in the item;
(c) if an item of equipment mentioned in item 1.3 is used at the
emergency by a member – the fees specified in the item.
3 Attendance if no fire or other emergency
The fee specified in item 2 is payable if:
(a) one or more members, with or without equipment, attends at a
place in response to an alarm or call to the Fire and Rescue
Service for attendance at a fire or other emergency; and
(b) there is in fact no fire or other emergency at the place.
Schedule 4 Fees and charges
Fire and Emergency Regulations 1996 24
4 NTFRS report
(1) The following fees and charges are payable for the preparation of
an NTFRS report in relation to a building:
(a) the preparation fee specified in item 3.1;
(b) if a member inspects the building:
(i) a charge for the time the inspection takes at the rate
specified in item 3.2; and
(ii) if the distance the member travels to inspect the building
exceeds 100 km (return trip) – a charge for the distance
travelled at the rate specified in item 3.3;
(c) if a member reinspects the building:
(i) a charge for the time the reinspection takes at the rate
specified in item 3.4; and
(ii) if the distance the member travels to reinspect the
building exceeds 100 km (return trip) – a charge for the
distance travelled at the rate specified in item 3.3;
(d) if a member attends an alternative solution meeting for the
purpose of preparing the report – the fee specified in item 5;
(e) if a fire engineering design review is undertaken for the
purpose of preparing the report – the fee specified in item 6;
(f) if a search is undertaken for the purpose of preparing the
report – the fee specified in item 7.
(2) The fee specified in item 4 is payable for a reassessment of an
NTFRS report by a member.
5 Fire engineering design review
(1) A fire engineering design review is a review of a building or a
structural plan for a building to determine whether implementation
of an alternative solution will result in the building complying with
the performance requirements applicable to it under the Building
Code.
(2) A fire engineering design review includes an assessment of one
or more of the following matters:
(a) fire initiation, development and control;
Schedule 4 Fees and charges
Fire and Emergency Regulations 1996 25
(b) smoke development, spread and control;
(c) fire spread, impact and control;
(d) fire detection, warning and suppression;
(e) occupant evacuation and control;
(f) fire brigade intervention.
(3) If a fire engineering design review includes an assessment of:
(a) only one of the matters mentioned in subclause (2) – it is a
level 1 review; or
(b) at least 2 but not more than 5 of the matters mentioned in
subclause (2) – it is a level 2 review; or
(c) all matters mentioned in subclause (2) – it is a level 3 review.
(4) The fees specified in item 6 are payable for a fire engineering
design review.
5A Fire alarm system monitoring fees
The fee specified in item 8 is payable for monitoring a fire alarm
system by NTFAST.
6 Other fees
For another matter mentioned in the Table, the prescribed fee is
specified opposite the matter.
TABLE
Item Particulars of fee or charge Fee or charge
(revenue units)
1 Attendance at fire or other emergency
1.1 For each hour or part hour the member attends the
emergency:
(a) incident commander
(b) member holding rank as station officer
(c) other member
61
50
45
Schedule 4 Fees and charges
Fire and Emergency Regulations 1996 26
Item Particulars of fee or charge Fee or charge
(revenue units)
1.2 For each hour or part hour the vehicle is at the
emergency:
(a) vehicle capable of pumping:
(i) up to 1 000 L per minute
(ii) between 1 001 L and 3 000 L per
minute
(iii) more than 3 000 L per minute
115
172
230
(b) vehicle with hydraulic ladder 287
(c) emergency rescue vehicle 172
(d) other vehicle 57
1.3 For each hour or part hour the equipment is used at
the emergency:
(a) portable pump 69
(b) breathing apparatus 51
(c) fully encapsulating chemical suit 34
(d) use of foam generator 23
(e) fire hose 5
(f) salvage sheet 5
2 Attendance if no fire or other emergency
For each attendance 924
3 Preparation of NTFRS report
3.1 Preparation fee for building with floor area of:
(a) up to 700 m2
(b) between 701 m2 and 1 100 m2
(c) between 1 101 m2 and 1 500 m2
406
730
893
Schedule 4 Fees and charges
Fire and Emergency Regulations 1996 27
Item Particulars of fee or charge Fee or charge
(revenue units)
(d) between 1 501 m2 and 2 000 m2
(e) over 2 000 m2
978
1 021 plus 8 for
each 100 m2
over 2 000 m2
3.2 Inspection fee:
(a) if inspection takes 2 hours or less
(b) if inspection takes more than 2 hours
264
264 for the first
2 hours plus
132 for each
additional hour
or part hour
3.3 For each kilometre travelled in excess of 100 km 1
3.4 For each hour or part hour of reinspection 312
4 Reassessment of NTFRS report
For each hour or part hour 156
5 Alternative solution meeting
For each meeting 406
6 Fire engineering design review
(a) level 1
(b) level 2
(c) level 3
397
652
1 304
7 Search of Integrated Land Information System
or Fire and Rescue Service database by
member
For each search undertaken 33
8 Fire alarm system monitoring fees
Annual fee 1 920
ENDNOTES
Fire and Emergency Regulations 1996 28
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Fire and Emergency Regulations (SL No. 19, 1996)
Notified 1 May 1996
Commenced 1 May 1996
Statute Law Revision Act (No. 2) 2001 (Act No. 62, 2001)
Assent date 11 December 2001
Commenced 11 December 2001 (s 2(1) and (4), s 2 Corporations Reform
(Consequential Amendments NT) Act 2001 (Act No. 17,
2001), s 2 Corporations Act 2001 (Cth Act No. 50, 2001) and
Cth Gaz S285, 13 July 2001)
Statute Law Revision Act (No. 2) 2003 (Act No. 44, 2003)
Assent date 7 July 2003
Commenced 7 July 2003
Fire and Emergency Amendment Regulations 2005 (SL No. 47, 2005)
Notified 9 November 2005
Commenced 9 November 2005
Statute Law Revision Act 2007 (Act No. 4, 2007)
Assent date 8 March 2007
Commenced 8 March 2007
Statute Law Revision Act 2008 (Act No. 6, 2008)
Assent date 11 March 2008
Commenced 11 March 2008
Fire and Emergency Legislation Amendment Act 2009 (Act No. 39, 2009)
Assent date 15 December 2010
Commenced 24 February 2010 (Gaz G8, 24 February 2010, p 11)
ENDNOTES
Fire and Emergency Regulations 1996 29
Fire and Emergency Amendment Regulations 2011 (SL No. 29, 2011)
Notified 29 June 2011
Commenced 1 July 2011 (r 2, s 2 Fire and Emergency Amendment Act
2010 (Act No. 49, 2010) and Gaz G26, 29 June 2011, p 8)
Fire and Emergency Amendment (Smoke Alarm) Regulations 2011 (SL No. 43, 2011)
Notified 31 August 2011
Commenced 1 November 2011 (r 2)
Fire and Emergency Amendment Regulations 2017 (SL No. 14, 2017)
Notified 29 June 2017
Commenced 1 July 2017 (r 2)
Liquor Act 2019 (Act No. 29, 2019)
Assent date 3 September 2019
Commenced 1 October 2019 (Gaz G39, 25 September 2019, p 2)
Fire and Emergency Legislation Amendment Act 2024 (Act No. 5, 2024)
Assent date 14 March 2024
Commenced 16 July 2024 (Gaz S67, 15 July 2024)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: rr 1 and 17 and Sch 2 and 4.
4 LIST OF AMENDMENTS
pt 1 hdg amd No. 29, 2011, r 11
r 2 amd No. 47, 2005, r 14; Act No. 4, 2007, s 7
sub No. 29, 2011, r 4
amd No. 43, 2011, r 4
r 3 rep No. 29, 2011, r 4
ins No. 29, 2011, r 5
pt 2 hdg amd No. 29, 2011, r 11
r 4 amd No. 47, 2005, r 14
sub No. 29, 2011, r 5
r 5 amd No. 47, 2005, r 3; No. 29, 2011, r 11
r 6 amd No. 47, 2005, r 4; No. 29, 2011, r 11
r 7 amd No. 47, 2005, r 5; No. 29, 2011, r 11
r 7A ins No. 47, 2005, r 6
amd No. 29, 2011, r 11
r 8 amd No. 47, 2005, r 7; No. 29, 2011, r 11
r 9 amd No. 47, 2005, r 8; No. 29, 2011, r 11
r 10 amd No. 47, 2005, r 9; No. 29, 2011, r 11
r 11 sub No. 47, 2005, r 10
amd Act No. 39, 2009, s 10; No. 29, 2011, r 11
r 11A ins No. 29, 2011, r 6
r 12 amd Act No. 44, 2003, s 6
sub No. 47, 2005, r 10; No. 43, 2011, r 5
pt 2A hdg ins No. 43, 2011, r 5
ins No. 43, 2011, r 5
rr 13 – 13H ins No. 43, 2011, r 5
pt 3 hdg sub No. 29, 2011, r 7
ENDNOTES
Fire and Emergency Regulations 1996 30
r 13 sub No. 47, 2005, r 10
rep No. 29, 2011, r 7
rr 14 – 17 amd No. 47, 2005, r 14
sub No. 29, 2011, r 7
r 18 sub No. 29, 2011, r 7
r 18A ins No. 47, 2005, r 11
sub No. 29, 2011, r 7
amd Act No. 5, 2024, s 28
r 18B ins No. 47, 2005, r 11
amd Act No. 6, 2008, s 4
sub No. 29, 2011, r 7
pt 4 hdg amd No. 29, 2011, r 11
r 19 amd Act No. 62, 2001, s 7; No. 47, 2005, r 14; No. 29, 2011, r 11
r 20 rep No. 47, 2005, r 12
ins No. 29, 2011, r 8
amd No. 43, 2011, r 6; Act No. 5, 2024, s 29
r 21 rep No. 47, 2005, r 12
sch 1 rep No. 29, 2011, r 9
sch 2 amd No. 29, 2011, r 11; Act No. 29, 2019, s 350
sch 3 amd No. 47, 2005, r 13
sub No. 29, 2011, r 10
sub No. 43, 2011, r 7
sch 4 ins No. 29, 2011, r 10
amd No. 14, 2017, r 4