Fire and Emergency Services Regulations 2021
Div 3Industry Brigades
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Division 3—Industry Brigades 26—Designation of area (1) For the purposes of section 69B of the Act, in preparing a written notice to designate an area of land for the establishment of an industry brigade, the Chief Officer must— (a) in the case of an industry brigade being established in respect of a forestry plantation— (i) identify the designated area, within a radius of 25 km of a central point determined by the Chief Officer, with 1 or more plantation holdings amounting to an aggregate of not less than 500 ha— (A) located wholly or partially within the area; or (B) contiguous with plantation holdings located wholly or partially within the area; and (ii) consider the following matters: (A) the size, location, topography, number and dispersion of the plantation holdings that will form the designated area; (B) the characteristics of the area, including— • the location of roads; and • the existing capacity for the suppression of fires; and • the past incidence of fire; and • the risk posed by fire to plantation holdings and the community; and (iii) be satisfied that— (A) there is no other industry brigade in another designated area that is able and willing to provide adequate services for the suppression of fires and the saving of life at fires in the designated area; and (B) there is sufficient availability of competent persons to become members of the brigade; or (b) in the case of an industry brigade established for any other purpose— (i) identify the designated area, within a radius specified in the notice of a central point determined by the Chief Officer located wholly or partially within the area; and (ii) consider the following matters: (A) the size, location, topography, amount and dispersion of vegetation within the designated area; (B) the assets and infrastructure within the designated area; (C) the characteristics of the area, including— • the location of roads; and • the existing capacity for the suppression of fires or other emergencies; and • the past incidence of fire or other emergencies; and • the risk posed by fire to vegetation, assets, infrastructure and the community; and (D) any other risk factors identified within the designated area, including the use or presence of chemicals, explosives or flammable materials; and (iii) be satisfied that— (A) there is no other industry brigade in another designated area that is able and willing to provide adequate services for the suppression of fires and the saving of life at fires or other emergencies in the designated area; and (B) there is sufficient availability of competent persons to become members of the brigade. (2) Before designating an area for the establishment of an industry brigade, the Chief Officer must— (a) consult all owners and occupiers of land in the area by— (i) specifying the reasons for the decision to designate the area; and (ii) providing a map of the area to be designated; and (b) at least 28 days before designating the area, give notice of the proposed designated area— (ii) in a newspaper circulating throughout the local area in which the proposed designated area is located. (3) The Chief Officer must keep a register of designated areas for industry brigades available on a website determined by the Chief Officer. 27—Formation of industry brigade A notice under section 69C(1) of the Act must— (a) state the reasons why the requirement to form the brigade has been made; and (b) identify the officers and members which the Chief Officer has determined are to be provided for the brigade at the expense of the prescribed person; and (c) identify the equipment or apparatus for undertaking the responsibilities of the industry brigade, which the Chief Officer has determined is to be provided for the brigade at the expense of the prescribed person; and (d) state the Chief Officer's training, operational and administrative requirements of the prescribed person; and (e) state that the prescribed person must apply to the Chief Officer for registration of the industry brigade.