Div 6AFire and emergency safeguards

Division 6A—Fire and emergency safeguards 70A—Interpretation (1) In this Division— authorised officer means a person authorised by the Chief Officer to exercise the powers of an authorised officer under this Division; emergency refers only to an emergency constituted of or arising from the escape of any hazardous material, or a situation that involves imminent danger of such escape; occupier in respect of a public building, includes any person apparently in charge of, or having the control and management of, the building; public building includes any structure or place (whether permanent or temporary or fixed or moveable) that is enclosed or partly enclosed— (a) to which admission is open to members of the public or restricted to persons who are members of a club or who possess any other qualification or characteristic and whether admission is or is not procured by the payment of money or on any other condition; or (b) in which persons work under a contract of service. (2) This Division applies only to a building, vehicle or place in the country. 70B—Power to enter and inspect a public building (1) The Chief Officer or an authorised officer may enter and inspect a public building for the purpose of determining whether there are adequate safeguards against, or in the event of, fire or other emergency. (2) The Chief Officer or authorised officer— (a) may exercise the powers conferred by subsection (1) at any reasonable time including any time when the building is open to the public; and (b) may, if there is reason to believe that urgent action is required, use such force as is reasonable in the circumstances to enter and inspect the public building. 70C—Rectification where safeguards inadequate (1) If, after having inspected a public building, the Chief Officer or authorised officer is of the opinion that there are not adequate safeguards against, or in the event of, fire or other emergency as a result of— (a) obstruction, closing or locking of an aisle, corridor, door, gangway, lobby, passage, exit, escape or any other means of egress from the building; or (b) overcrowding of the building; or (c) noncompliance with the requirements of this or any other Act, the Chief Officer or authorised officer may do 1 or more of the following: (d) using such force as is reasonably necessary, cause the aisle, corridor, door, gangway, lobby, passage, exit, escape or other means of egress from the building to be cleared, opened or unlocked (as the case requires); (e) in the event of overcrowding, cause persons to be removed from the building; (f) order the occupier to take specified action to rectify the situation within a specified period. (2) A rectification order may be given orally or by notice in writing served on the occupier of the building. (3) If a rectification order is given orally, the Chief Officer or authorised officer must as soon as practicable cause a written notice containing the order to be served on the occupier of the building. (4) If a notice containing a rectification order is served on the occupier of the building, the Chief Officer or authorised officer must as soon as practicable cause a copy of the notice to be served on any authority established under section 71(18) of the Development Act 1993 or section 157(16) of the Planning, Development and Infrastructure Act 2016 for the area in which the building is situated. (5) If any matter or thing with respect to fire safety is regulated or required to be done under the Development Act 1993 or the Planning, Development and Infrastructure Act 2016, a person may not be ordered under this section to do anything in relation to that matter or thing beyond what is necessary to achieve compliance with the requirements under the relevant Act. 70D—Closure orders etc (1) If, after having inspected a public building, the Chief Officer or authorised officer is satisfied that the safety of persons in the public building cannot reasonably be ensured by other means, the Chief Officer or authorised officer— (a) may issue a closure order requiring the occupier of the building to close the building immediately; or (b) may, if a closure order cannot for any reason be given to the occupier, or if a closure order, having been given to the occupier, is not immediately obeyed, close the building by giving all people present in the building an order to leave the building and, on being satisfied that all such persons have left the building, securing the building to prevent entry by any persons (other than persons authorised to enter the building by the Chief Officer or an authorised officer). (2) A closure order under subsection (1)(a)— (a) may be given orally or by notice in writing served on the occupier of the building; and (b) ceases to be in force on the expiration of 2 full business days after the day on which the order was given (or such shorter period as the Chief Officer or authorised officer may specify in the order). (3) An order given to people present in the building under subsection (1)(b)— (a) may be given by affixing a written notice containing the order in a prominent place near the main entrance to the building; and (b) ceases to be in force on the expiration of 2 full business days after the day on which the order was given (or such shorter period as the Chief Officer or authorised officer may specify in the order). (4) If a closure order is given orally, the Chief Officer or authorised officer must as soon as practicable cause a written notice containing the order to be served on the occupier of the building. (5) If a closure order cannot for any reason be given to the occupier of the building, the Chief Officer or authorised officer must cause a written notice containing the order to be affixed in a prominent place near the main entrance to the building (whether or not an order is also given to people present in the building in accordance with subsection (1)(b)). (6) The written notice containing a closure order— (a) must describe the danger that, in the opinion of the Chief Officer or authorised officer, necessitates closure of the building; and (b) ceases to be in force on the expiration of 2 full business days after the day on which the order was given (or such shorter period as the Chief Officer or authorised officer may specify in the order). (7) If a notice containing a closure order is served on the occupier of the building, the Chief Officer or authorised officer must as soon as practicable cause a copy of the notice to be served on any authority established under section 71(18) of the Development Act 1993 or section 157(16) of the Planning, Development and Infrastructure Act 2016 for the area in which the building is situated. (8) When the Chief Officer or authorised officer is satisfied that the danger has been alleviated, the Chief Officer or authorised officer may rescind the order (not being an order granted by the Magistrates Court under subsection (10)). (9) If the Chief Officer or authorised officer is of the opinion that the danger cannot be, or has not been, alleviated within the period for which the order applies, the Chief Officer or authorised officer may, after having given prior notice of the intention to do so to the occupier of the building, apply to the Magistrates Court for an order directing the occupier to close or keep closed, as the case requires, the building for such period as the Court considers necessary for the alleviation of the danger. (10) The Magistrates Court may, on an application made under subsection (9)— (a) grant the order, subject to such conditions as the Court sees fit to impose; or (b) refuse to grant the order, and make such other orders as it thinks fit. (11) If an application is made under subsection (9) while a building is closed pursuant to this section, the closure of the building continues until the application is determined or withdrawn. (12) The Chief Officer or authorised officer, or the occupier or owner of a building to which an order under subsection (10) applies, may apply to the Magistrates Court, at any time, for the order to be rescinded. (13) The Magistrates Court may, on an application made under subsection (12), rescind or refuse to rescind the order to which that application relates and make such other orders as it thinks fit. 70E—Powers in relation to places at which danger of fire may exist (1) The Chief Officer or an authorised officer may, at any time and using such force as is reasonably required in the circumstances, enter and inspect any building, vehicle or place at or in which the Chief Officer or authorised officer has reason to believe explosives or any hazardous, combustible or flammable materials or substances are being kept or any conditions exist that are likely to be a source of danger to life or property in the event of fire, or are likely to cause an outbreak of fire. (2) If the Chief Officer or authorised officer finds explosives or any hazardous, combustible or flammable materials or substances that are being kept in an unsafe manner or finds any conditions that are likely to be a source of danger to life or property in the event of fire, or likely to cause an outbreak of fire, the Chief Officer or authorised officer may— (a) take action to alleviate the danger; (b) order the occupier or person apparently in charge of the building, vehicle or place to take specified action within a specified period to alleviate the danger. (3) An order under this section may be given orally or by notice in writing served on the occupier or person apparently in charge of the building, vehicle or place. (4) If an order under this section is given orally, the Chief Officer or authorised officer must as soon as practicable cause a written notice containing the order to be served on the occupier or person apparently in charge of the building, vehicle or place. 70F—Related matters (1) The Chief Officer or an authorised officer may, when exercising powers conferred by this Division, be accompanied by 1 or more members of SACFS or police officers as the Chief Officer or authorised officer thinks fit. (2) A person must not fail to comply with— (a) an order given by the Chief Officer or an authorised officer under this Division; or (b) an order of the Magistrates Court under this Division. Division 7—Fire prevention authorities—country areas and urban bushfire risk areas Subdivision 1—State Bushfire Coordination Committee 71—State Bushfire Coordination Committee (1) The State Bushfire Coordination Committee is established. (2) The State Bushfire Coordination Committee consists of— (a) the Chief Officer of SACFS (ex officio) (who will be the presiding member of the committee); and (b) the following members, appointed by the Governor: (i1) 1 person, not being from the emergency services sector; (i) 1 officer of SAMFS, nominated by SAMFS; (ii) 1 officer of SACFS (not being an officer who holds office as a volunteer member of SACFS), nominated by SACFS; (iii) 1 volunteer member of SACFS, nominated by the Country Fire Service Volunteers Association; (iv) 1 police officer, nominated by South Australia Police; (v) 1 officer of the administrative unit of the Public Service primarily responsible for assisting the relevant Minister in the administration of the National Parks and Wildlife Act 1972, nominated by the Chief Executive of that administrative unit; (vi) 1 officer of the South Australian Forestry Corporation, nominated by the South Australian Forestry Corporation; (vii) 1 officer of the administrative unit of the Public Service primarily responsible for assisting the relevant Minister in the administration of the Highways Act 1926, nominated by the Chief Executive of that administrative unit; (viii) 1 officer of the administrative unit of the Public Service primarily responsible for assisting the relevant Minister in the administration of the Electricity Act 1996, nominated by the Chief Executive of that administrative unit; (ix) 1 officer of the administrative unit of the Public Service primarily responsible for assisting the relevant Minister in the administration of the Planning, Development and Infrastructure Act 2016 with experience in development in bushfire prone areas, nominated by the Chief Executive of that administrative unit; (ixa) 1 officer of the administrative unit of the Public Service primarily responsible for assisting the relevant Minister in the administration of the Landscape South Australia Act 2019, nominated by the Chief Executive of that administrative unit; (x) 1 officer of the administrative unit of the Public Service primarily responsible for assisting the relevant Minister in the administration of primary industry in the State, nominated by the Chief Executive of that administrative unit; (xi) 1 officer of the South Australian Water Corporation, nominated by the South Australian Water Corporation; (xii) 1 person nominated by the Bureau of Meteorology; (xiii) 1 person nominated by the LGA; (xiv) 1 person nominated by the Native Vegetation Council; (xv) 1 person nominated by the Outback Areas Community Development Trust; (xvii) 1 person nominated by Primary Producers SA Incorporated; (xviii) 1 person nominated by the Conservation Council of South Australia Incorporated. (3) Each member of the State Bushfire Coordination Committee must have experience in an area that is relevant to bushfire prevention or management. (4) An appointed member of the State Bushfire Coordination Committee will be appointed for a term not exceeding 3 years and on such conditions as the Governor determines and, at the expiration of a term of appointment, is eligible for reappointment. (5) The Governor may remove an appointed member from office— (a) for a breach of, or non‑compliance with, a condition of appointment; or (b) for mental or physical incapacity to carry out official duties satisfactorily; or (c) for neglect of duty; or (d) for misconduct. (6) The office of an appointed member becomes vacant if the member— (c) resigns by written notice to the Minister; or (d) is removed from office under subsection (5). (7) On the office of a member becoming vacant, a person must be appointed in accordance with this Act to the vacant office. (8) The Governor may appoint a suitable person to be a deputy of a member of the State Bushfire Coordination Committee. (9) Eleven members constitute a quorum of the State Bushfire Coordination Committee. (10) The State Bushfire Coordination Committee must comply with any requirement of the Minister relating to the conduct of its business but otherwise may determine its own procedures. 71A—Functions of State Bushfire Coordination Committee (1) The State Bushfire Coordination Committee has the following functions: (a) to advise the Minister on bushfire prevention in the country and in designated urban bushfire risk areas; (b) to advise the Minister on matters related to bushfire management; (c) as far as is reasonably practicable—to promote the State‑wide coordination and integration of policies, practices and strategies relating to bushfire management activities; (d) to provide guidance, direction and advice to bushfire management committees and to resolve any issues that may arise between 2 or more bushfire management committees; (e) to prepare, and to keep under review, the State Bushfire Management Plan and to keep under review the extent to which— (i) Bushfire Management Area Plans; and (ii) policies, practices and strategies adopted or applied by bushfire management committees, are consistent with the State Bushfire Management Plan; (f) to oversee the implementation of the State Bushfire Management Plan and to report to the Minister on any failure or delay in relation to the implementation of the plan; (g) to prepare, or initiate the development of, other plans, policies, practices, codes of practice or strategies to promote effective bushfire management within the State; (h) to convene forums to discuss bushfire management issues, and to promote public awareness of the need to ensure proper bushfire management within the State; (i) at the request of the Minister, or on its own initiative, to provide a report on any matter relevant to bushfire management; (j) to carry out any other function assigned to the State Bushfire Coordination Committee under this or any other Act or by the Minister. (2) SACFS is responsible for providing an officer of SACFS to undertake the role of Executive Officer of the State Bushfire Coordination Committee. (3) The State Bushfire Coordination Committee is, in the performance of its functions, subject to the general direction and control of the Minister (but the Minister cannot give a direction with respect to any advice or recommendation that the State Bushfire Coordination Committee might give or make or with respect to the contents of any report). 71B—Power of delegation (1) The State Bushfire Coordination Committee may delegate a function or power of the State Bushfire Coordination Committee under this or any other Act— (a) to a person for the time being performing particular duties or holding or acting in a particular office or position; or (b) to any other person or body. (c) does not derogate from the ability of the State Bushfire Coordination Committee to act in any matter; and (3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. 71C—Use of facilities The State Bushfire Coordination Committee may, by arrangement with the relevant body, make use of the services of the staff, equipment or facilities of— (a) SACFS; or (b) SAMFS; or (c) a council; or (d) another public authority or entity. 71D—Validity of acts An act or proceeding of the State Bushfire Coordination Committee is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. 71E—Annual reports (1) The State Bushfire Coordination Committee must, on or before 31 August in each year, provide to the Minister a report on the activities of the State Bushfire Coordination Committee and each bushfire management committee during the preceding financial year (and need not provide a report under the Public Sector Act 2009). (2) The Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament. 71F—Specific reports (1) The Minister or the Commission may, by written notice to the State Bushfire Coordination Committee, require the State Bushfire Coordination Committee to provide to the Minister or the Commission, within a period stated in the notice or at stated intervals, any report or reports relating to the performance, exercise or discharge of any aspect of its functions, powers or responsibilities, as the Minister or the Commission (as the case may be) thinks fit. (2) If a requirement is imposed under subsection (1), the State Bushfire Coordination Committee must cause a statement of the fact of the imposition of the requirement to be published in its next annual report. Subdivision 2—Bushfire management committees 72—Establishment of bushfire management areas (1) The Governor may, by proclamation made on the recommendation of the State Bushfire Coordination Committee, divide the State into bushfire management areas. (2) The State Bushfire Coordination Committee must, in formulating a recommendation for the purposes of subsection (1)— (a) give attention to the nature and form of the natural environment; and (b) take into account local government boundaries or areas and landscape management regions. (3) The Governor may, by subsequent proclamation made on the recommendation of the State Bushfire Coordination Committee— (a) vary the boundaries of any bushfire management area; (b) abolish a bushfire management area (on the basis that a new division is to occur). 72A—Establishment of bushfire management committees (1) The State Bushfire Coordination Committee must establish a bushfire management committee for each bushfire management area. (2) The composition of a bushfire management committee will be determined by the State Bushfire Coordination Committee after consultation with the Minister (and the State Coordination Bushfire Committee will then make appointments to the committee). (3) A member of a bushfire management committee will be appointed for a term determined by the State Bushfire Coordination Committee on conditions approved by the Minister and, at the expiration of a term of appointment, is eligible for reappointment. (4) The State Bushfire Coordination Committee may remove a member of a bushfire management committee from office for any reasonable cause. (5) The office of a member of a bushfire management committee becomes vacant if the member— (c) resigns by written notice to the State Bushfire Coordination Committee; or (d) is removed from office under subsection (4). (6) On the office of a member becoming vacant, a person must be appointed in accordance with this Act to the vacant office. (7) The State Bushfire Coordination Committee may appoint a suitable person to be a deputy of a member of a bushfire management committee. (8) The State Bushfire Coordination Committee will determine the quorum of a bushfire management committee. (9) A bushfire management committee must comply with any requirement of the State Bushfire Coordination Committee relating to the conduct of its business but otherwise may determine its own procedures. 72B—Functions of bushfire management committees (1) A bushfire management committee has the following functions: (a) to advise the State Bushfire Coordination Committee on bushfire prevention in its area; (b) to promote the coordination of policies, practices and strategies relating to bushfire management activities within its area; (c) to prepare, and to keep under review, a Bushfire Management Area Plan for its area, and to ensure that this plan is consistent with the State Bushfire Management Plan; (d) to oversee the implementation of its Bushfire Management Area Plan and to report to the State Bushfire Coordination Committee or, if it thinks fit, to the Minister, on any failure or delay in relation to the implementation of the plan; (e) to prepare, or initiate the development of, other plans, policies, practices or strategies to promote effective bushfire management within its area; (f) to convene local or regional forums to discuss issues associated with bushfire management within its area, and to work with local communities to promote and improve effective bushfire management; (g) at the request of the Minister or the State Bushfire Coordination Committee, or on its own initiative, to provide a report on any matter relevant to bushfire management within its area; (h) to carry out any other function assigned to the bushfire management committee under this or any other Act, by the Minister or by the State Bushfire Coordination Committee. (2) SACFS is responsible for providing an officer of SACFS to undertake the role of Executive Officer of a bushfire management committee. (3) A bushfire management committee is, in the performance of its functions, subject to the control and direction of the State Bushfire Coordination Committee. 72C—Power of delegation (1) A bushfire management committee may delegate a function or power of the bushfire management committee under this or any other Act— (a) to a person for the time being performing particular duties or holding or acting in a particular office or position; or (b) to any other person or body. (c) does not derogate from the ability of the regional bushfire management committee to act in any matter; and (3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated. 72D—Use of facilities A bushfire management committee may, by arrangement with the relevant body, make use of the services of the staff, equipment or facilities of— (a) SACFS; or (b) SAMFS; or (c) a council; or (d) another public authority or entity. 72E—Validity of acts An act or proceeding of a bushfire management committee is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.