Part 6—Miscellaneous
64—Coronial inquests
A coronial inquest may be requested by the Commission or an emergency services organisation if the Commission or organisation (as the case may be) is of the opinion that such an inquest should be held—
(a) on account of—
(i) the circumstances surrounding the lighting or spread of a fire, or the occurrence of an emergency of another kind; or
(ii) the intensity or seriousness of a fire, or the seriousness of an emergency of another kind; or
(iii) the circumstances surrounding the involvement of a person or organisation in a fire or other emergency; or
(b) on account of representations made by a council in relation to a fire or other emergency.
65—Prescribed water authority
SA Water is brought within the definition of water authority under sections 43 and 98 of the Act.
66—Use of water
(1) An officer of SAMFS or SACFS may, for the purpose of any operation conducted by the officer's emergency services organisation (including, for the avoidance of doubt, emergency incident related purposes other than fire‑fighting purposes), take water from a hydrant, fire‑plug or stand pipe approved by SA Water for fire‑fighting purposes.
(2) For training purposes, water may only be taken under subregulation (1) as directed by a responsible officer of SA Water.
(3) An emergency services organisation is not liable for the cost of water taken under this regulation.
(4) This regulation does not apply in relation to the operation of section 42 or 97 of the Act.
67—Insignia
(1) A person must not, without the consent of the Commission (which consent may be given unconditionally or subject to conditions determined by the Commission)—
(a) use or display any prescribed insignia; or
(b) sell, hire, lend or otherwise surrender possession of a prescribed logo to a person who is not a member of the relevant emergency services organisation or, if relevant, who is not otherwise a person authorised to act in an official capacity under the Act or these regulations.
Maximum penalty: $2 500.
(2) In this regulation—
prescribed insignia means any logo declared by the Commission to be a logo for the purposes of section 131 of the Act.
68—Service insignia
(1) A prescribed person is, in recognition of the person's service with an emergency services organisation, or any other organisation recognised by the Commission for the purposes of this regulation, entitled to wear, on the person's uniform or fire‑fighting or emergency services clothing, service insignia determined or approved by the Commission.
(2) In this regulation—
prescribed person means—
(a) a member of an emergency services organisation; or
(b) a fire control officer.
69—Fees
(1) Fees prescribed for the purposes of the Act do not include any GST that may be payable in respect of a particular fee.
(2) The relevant emergency services organisation may, in its discretion, waive payment of the whole or a part of a prescribed fee, or refund a prescribed fee (in whole or in part).
70—Expiation of offences
(1) Pursuant to Schedule 5 clause 14 of the Act, the following expiation fees are fixed for alleged offences against the following sections of the Act:
Section
Expiation fee
Section 79(1) if—
$473
(a) the offence falls within the ambit of 1 of the following subparagraphs:
(i) if the fire is for cooking or personal comfort—the offence consists of a failure to comply with a requirement imposed under regulation 30(1)(a);
(ii) if the fire is for heating bitumen or charring—the offence consists of a failure to comply with a requirement imposed under regulation 30(1)(b);
(iii) if the fire is lighted or maintained pursuant to a permit issued under section 81 of the Act for burning off land—the offence consists of a failure to comply with a condition of the permit prescribed by regulation 31(4)(a), (b), (d), (e) or (f);
(iv) if the fire is lighted or maintained pursuant to a permit issued under section 81 of the Act other than for burning off land—the offence consists of a failure to comply with a condition of the permit prescribed by regulation 31(5)(a), (b) or (c);
(v) if the fire is lighted or maintained for a gas fire or electric element for cooking purposes under regulation 32(1)—the offence consists of a failure to comply with a requirement imposed under regulation 32(1); and
(b) the fire does not contravene a prohibition or restriction under regulation 30(2).
Section 89 if the offence consists of a breach of, or failure to comply with, 1 or more of the following:
$473
(a) in the case of an offence involving the operation, during the fire danger season, of a stationary engine not enclosed by non‑flammable material in the open air—regulation 35(2);
(b) in the case of an offence involving the operation, during the fire danger season, of an internal combustion engine in connection with harvesting a flammable crop, moving a flammable crop on the land holding where it has been harvested or spreading lime or fertilizer—regulation 36(2)(d) or (e);
(c) in the case of an offence involving the operation, during the fire danger season, of an internal combustion engine in connection with cutting flammable bush, grass, pasture or stubble—regulation 36(3);
(d) in the case of an offence involving the use of an appliance, during the fire danger season, to carry out welding or soldering with an exposed flame, metal cutting, metal grinding or metal abrasion—regulation 39(2);
(e) in the case of an offence involving the use, during the fire danger season, of an appliance to generate smoke for the manipulation of bees—regulation 40(2);
(f) in the case of an offence involving the use, during the fire danger season, of an appliance as a rabbit fumigator—regulation 41(2)(a), (b) or (c);
(g) in the case of an offence involving the use, during the fire danger season, of an appliance as a bird scarer—regulation 42(2) or (3);
(h) in the case of an offence involving the blasting of any tree, wood or timber by the use of explosive materials—regulation 44(2).
Section 105F(1)
$473
Section 105F(8)
$473
$473
$473
(2) Pursuant to Schedule 5, clause 14 of the Act, the following expiation fees are fixed for alleged offences against the following regulations:
Regulation
Expiation fee
Regulation 45(1)
$473
Regulation 45(2), (3) or (4)
$500
Regulation 47
$473
71—Prescribed persons and bodies
For the purposes of section 148(3)(c) of the Act, the following are prescribed:
(a) each Chief Officer;
(b) the State Bushfire Co‑ordination Committee.