Div 9Powers and duties relating to fires and emergencies

Division 9—Powers and duties relating to fires and emergencies 96—Exercise of control at scene of fire or other emergency (a) the situation— (i) involves or arises from— (A) a fire or a situation that involves imminent danger of fire; or (B) the escape of any hazardous material or a situation that involves imminent danger of such an escape, that occurs— (C) in the country; or (D) at any other place in a situation where no member of SAMFS has assumed control under Part 3; or (ii) involves or arises from any other emergency or the imminent danger of any other emergency, wherever occurring, at which a person with lawful authority to assume control has not done so; and (b) an SACFS brigade has attended, then an incident controller or, if an incident controller has not been appointed, the most senior member of SACFS in attendance, may assume control (and all members of SACFS, and all other persons present at the scene, will be subject to his or her control). (a) derogates from the powers of the Chief Officer of SACFS to assume control of any operations; or (b) prevents a member of SACFS who has taken control of any operations surrendering control of those operations to any other person or body; or (c) prevents another person or body with lawful authority to do so assuming control at the scene of any emergency. incident controller for a fire or other emergency means the person for the time being appointed to be the incident controller for the fire or other emergency in accordance with procedures determined by the Chief Officer. 97—Powers (1) An officer of SACFS may take, or cause to be taken, any action that appears necessary or desirable for the purpose of protecting the life, health or safety of any person or animal, or protecting property, relevant services or the environment, or for any other purpose associated with dealing with a fire or other emergency or the threat of a fire or other emergency (despite the fact that the action may result in damage to, or destruction of, property or any aspect of the environment or cause pecuniary loss to any person). (2) Without limiting or derogating from the operation of subsection (1), an officer under subsection (1), or any person acting under the command of an officer, may (to such extent as appears necessary or desirable in the circumstances)— (a) enter and, if necessary break into any land, building, structure or vehicle (using such force as is necessary); (b) take possession of, protect or assume control over any land, body of water, building, structure, vehicle or other thing; (c) remove or destroy, or order the removal or destruction of, any building, structure, vehicle, vegetation, animal or other thing; (d) direct the owner of, or the person for the time being in charge of, any real or personal property to place it under the control or at the disposition of a specified person; (e) remove, or cause to be removed, to such place as the officer or other person thinks fit, any person or animal, or direct the evacuation or removal of any person or animal; (g) remove flammable material or any other hazardous material, or cause flammable material or any other hazardous material to be removed, from any place, building or structure; (h) cause any supply of fuel or other flammable liquid, any gas or electricity, or any other hazardous material to be connected, reconnected, disconnected or shut off; (iii) to contain the escape of any hazardous material, or to nullify the effects of the escape of any hazardous material; or (iv) to shut off or remove any plant, equipment, apparatus or device or to perform any operation in relation to any plant, equipment, apparatus or device; (j) take and use water or any other fire extinguishing material from any place; (k) shut off, or cut off, the supply of water or any drainage facility; (l) cause firebreaks to be ploughed or cleared on any land; (m) make use of the gratuitous services of any person; (n) direct, insofar as may be reasonably necessary in the circumstances, any person to assist in the exercise of any power under this section; (o) exercise any prescribed power. (3) In the absence of an officer, the powers of an officer under subsections (1) and (2) may be exercised by any member of SACFS. (4) A person must not, without reasonable excuse, refuse or fail to comply with a requirement or direction of an officer of SACFS or of any other person given in accordance with subsection (1) or (2). (5) An officer of SACFS may, for the purpose of controlling a fire, light another fire, or cause another fire to be lit (despite any other provision of this Act). (6) A member of SACFS must, before taking any prescribed action with respect to private land or a government reserve, or property on private land or a government reserve— (a) consult with the owner or person in charge of the land or reserve if that person is in the presence of, or may be immediately contacted by, the member of SACFS; and (b) if the prescribed action would affect a government reserve, take into account any relevant provisions of a management plan for the reserve that have been brought to the attention of the member. (7) The Chief Officer must take steps to have any relevant provisions of a management plan for a government reserve brought to the attention of members of SACFS who might exercise powers under this section with respect to the reserve. (10) If an officer of SACFS, acting in relation to a fire or other emergency, engages a contractor to demolish, contain, neutralise, dispose of or remove any dangerous or hazardous structure, object, substance or materials, the costs of engaging the contractor are recoverable by SACFS as a debt from the owner of the dangerous structure, object, substance or materials in a court of competent jurisdiction. (11) In any proceedings under subsection (10), a certificate apparently signed by the Chief Officer certifying the costs of engaging the contractor is, in the absence of proof to the contrary, to be accepted as proof of the costs so certified. (12) In this section— government reserve means— (a) a forest reserve; or (b) a reserve administered under the National Parks and Wildlife Act 1972; or (c) any other prescribed land; prescribed action means the exercise of a power under this section that would result in damage to, or destruction of, property or cause pecuniary loss to any person. (13) This section operates subject to the provisions of the Emergency Management Act 2004. 98—Provision of water (1) A water authority for an area in which a fire or other emergency has occurred, or is in imminent danger of occurring, must, at the direction of a person who is lawfully dealing with the situation under this Division, send a competent person to assist in the provision of water. water authority means a body brought within the ambit of this definition by the regulations. 99—Supply of gas or electricity A person or company supplying gas or electricity to any premises or other place where a fire or other emergency has occurred, or is in imminent danger of occurring, must, at the direction of a person who is lawfully dealing with the situation under this Division, send a competent person to connect, reconnect, disconnect or shut off the supply of gas or electricity to the premises or other place, or to any adjacent premises or place (and the person so attending must then comply with any direction that may be given in the exercise of powers under this Division).