Div 5AIndustry brigades

Division 5A—Industry brigades 69A—Preliminary In this Division— designated area means an area of land designated by the Chief Officer in accordance with section 69B(1); District Court means the Administrative and Disciplinary Division of the District Court; prescribed person means— (a) an owner of land in a designated area; or (b) an occupier of land in a designated area; or (c) a person who holds a right to harvest forest vegetation (within the meaning of the Forest Property Act 2000) in a designated area; or (d) any other person or body with an interest in a designated area; responsible person—the responsible person for an industry brigade is— (a) if the Chief Officer designates a person as the responsible person under this paragraph—that person; or (b) if no designation is made under paragraph (a)—the prescribed person required to establish the industry brigade under section 69C. 69B—Designated areas for industry brigades (1) The Chief Officer may, in accordance with the regulations, by notice in the Gazette, designate an area of land that is not within a fire district as an area of land in relation to which the Chief Officer considers an industry brigade should be established. (2) The Chief Officer may, by further notice in the Gazette, vary or revoke a notice under subsection (1). 69C—Establishment of industry brigades (1) The Chief Officer may, in accordance with the regulations, give a prescribed person a written notice relating to a designated area requiring the prescribed person, within a time specified in the notice— (a) to establish an industry brigade for the designated area; and (b) to apply to the Chief Officer for registration of the industry brigade; and (c) to— (i) appoint members of the industry brigade; and (ii) supply such plant, equipment, apparatus and devices as are specified in the notice for use in the prevention or suppression of fires, in accordance with any requirements specified in the notice. (2) The Chief Officer may, by written notice given to a prescribed person to whom a notice under this section has been given by the Chief Officer, vary or revoke the notice. (3) A prescribed person to whom a notice under this section has been given may, within 14 days after the notice was given to the person, appeal against the notice to the District Court. (4) If a prescribed person to whom a notice under this section has been given fails to comply with the notice, the Chief Officer may— (a) establish an industry brigade for the designated area; and (b) recover the costs of supplying and maintaining the plant, equipment, apparatus and devices specified in the notice from the prescribed person as a debt due to SACFS. (5) The costs incurred in complying with a notice under this section will be borne by the responsible person. 69D—Registration of industry brigades (1) The Chief Officer may register an industry brigade. (2) The Chief Officer may designate a member of an industry brigade as an officer of the brigade. (3) The Chief Officer may revoke the registration of an industry brigade by written notice to the responsible person if the Chief Officer is satisfied that there is no longer a need for the industry brigade. 69E—Chief Officer may give directions (1) The Chief Officer may give directions to the responsible person for an industry brigade relating to— (a) the supply of members of the industry brigade; and (b) the provision, operation, maintenance and inspection of any plant, equipment, apparatus or device of the industry brigade for use in the prevention or suppression of fires; and (c) the responsibilities of the industry brigade in relation to fire prevention and suppression in the designated area, including directions— (i) requiring immediate reporting of a fire or other emergency; and (ii) requiring ongoing reporting of a fire or other emergency, in accordance with any procedures determined by the Chief Officer; and (d) the requirements applying to the industry brigade in attending a fire; and (e) the functions and duties of the industry brigade in relation to the prevention or mitigation of, or the means of dealing with, other emergencies; and (f) the operations of the industry brigade, and any related organisational or administrative matters, including directions relating to the relationship between the industry brigade and SACFS organisations; and (g) the training requirements that are appropriate for members of the industry brigade and the provision of reports on training provided; and (h) the submission to the Chief Officer on an annual basis (before the commencement of the fire danger season) of a fire management plan; and (i) any other matter the Chief Officer thinks fit. (2) The Chief Officer may give directions to a member of an industry brigade in connection with the member's performance of the member's functions and duties as a member of the industry brigade. (3) A person to whom a direction has been given under this section must not contravene or fail to comply with the direction. (a) if the offender is a body corporate—$75 000; (b) if the offender is a natural person—$20 000. 69F—Exclusion of certain claims A person cannot claim compensation from the Crown or SACFS in respect of a notice, direction or requirement given under this Division, or on account of any act or omission undertaken or made in good faith in the exercise (or purported exercise) of a power under this Division. Division 6—Command structure 70—Command structure (1) There will be the following officers: (a) for each SACFS region there will be a regional officer; (b) for each SACFS group there will be a group officer; (c) for each SACFS brigade there will be a brigade captain. (2) A regional officer will be appointed by the Chief Officer. (3) A group officer will be elected, in accordance with procedures prescribed by the regulations, by representatives of the various SACFS brigades that make up the group. (4) A brigade captain will be elected, in accordance with procedures prescribed by the regulations, by the members of the brigade. (5) A person is not eligible to be elected as a group officer or brigade captain if he or she is an employee of SACFS. (6) Subject to subsection (7), there will be such other officers within the SACFS command structure as the regulations may prescribe or as the Chief Officer thinks fit to appoint. (7) The Chief Officer, or the regulations, may provide for the election of persons to fill certain ranks in SACFS. (7a) The regulations may make any provision with respect to the eligibility of employees of SACFS to be elected to an office. (8) An election to a rank in SACFS cannot take effect until approved by the Chief Officer. (9) The relative authority of each officer and member of SACFS will be in accordance with a command structure determined by the Chief Officer. (10) Each officer or member of SACFS must recognise the authority and obey the directions of an officer to whom that officer or member is subordinate. (11) The Chief Officer may, on reasonable grounds— (a) demote a person who holds a particular rank in SACFS; (b) disqualify a person from holding a rank in SACFS; (c) disqualify a person from membership of SACFS; (d) exercise any other disciplinary power in accordance with the regulations. (12) Before taking action against a person under subsection (11), the Chief Officer must give the person a reasonable opportunity to appear before the Chief Officer (either personally or through his or her representative) and to make submissions in relation to the proposed course of action.