Part 1 Preliminary

Part 1 Preliminary

1 Name of Act

1 Name of Act

This Act may be cited as the Fire and Rescue NSW Act 1989.

s 1: Am 2018 No 59, Sch 3 [2].

2 Commencement

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

3 Definitions

3 Definitions

(1) In this Act—

Commissioner means the person employed in the Public Service as the Commissioner of Fire and Rescue NSW.

community fire unit means a community fire unit established under section 74B.

Council means the New South Wales Fire Brigades Advisory Council constituted by this Act.

fire brigade means a permanent fire brigade or a retained fire brigade, but does not include a rural fire brigade.

fire district means an area constituted as a fire district under section 5.

flammable matter includes—

(a) any substance capable of ignition or combustion by the application of heat, by means of sparks or spontaneously, and

(b) any substance prescribed as flammable for the purposes of this definition.

hazardous material means anything that, when produced, stored, moved, used or otherwise dealt with without adequate safeguards to prevent it from escaping, may cause injury or death or damage to property.

hazardous material incident means an actual or impending land-based spillage or other escape of hazardous material that causes or threatens to cause injury or death or damage to property.

local government area has the same meaning as area has in the Local Government Act 1993.

officer in charge, in relation to a place at which a fire brigade is present, means the Commissioner or, if the Commissioner is absent—

(a) the person for the time being in charge of any members of a permanent fire brigade present at that place, or

(b) if no members of a permanent fire brigade are present, the person for the time being in charge of any members of a retained fire brigade present at that place.

owner, in relation to land or a building, means—

(a) any person for the time being in actual receipt of, or entitled to receive, the rents and profits of the land or building, or

(b) any person who, if the land or building were let to a tenant, would be entitled to receive the rents and profits of it,

whether as beneficial owner, trustee, executor, mortgagee in possession, or as agent or attorney for any other person, or otherwise.

permanent fire brigade means a permanent fire brigade established and maintained by the Commissioner, the services of whose members are wholly at the disposal of the Commissioner.

policy of insurance includes—

(a) any certificate or declaration as to the existence of, and any agreement for, any insurance, or

(b) any instrument in writing by which any contract of insurance is made or agreed to be made or is evidenced,

but does not include a policy of reinsurance.

prescribed waters means—

(a) coastal waters of the State, within the meaning of Part 10 of the Interpretation Act 1987, and

(b) waters within the limits of the State prescribed as the boundaries of a port under section 105 of the Ports and Maritime Administration Act 1995, and

(c) other waters within the limits of the State prescribed by the regulations for the purposes of this definition.

retained fire brigade means an association of persons for which an approval as a retained fire brigade is in force under section 9, but does not include a rural fire brigade.

vessel means any ship, barge, punt, boat or other floating vessel used wholly or partly for storing or carrying goods or for carrying passengers.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) In this Act—

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

(3) Notes included in this Act (Schedule 1 excepted) do not form part of this Act.

s 3: Am 1993 No 99, Sch 1 (1); 1993 No 110, Sch 1 (2); 1994 No 36, Sch 1 (1); 1995 No 11, Sch 1; 1997 No 65, Sch 4.10 [1]; 2005 No 33, Sch 1 [1] [2]; 2005 No 64, Sch 2.15 [1]; 2011 No 27, Sch 1.5 [1] [2]; 2014 No 33, Sch 3.6 [1] [2]; 2018 No 59, Sch 3 [3] [4]; 2021 No 8, Sch 2.1[1].

4 Application of Act

4 Application of Act

(1) This Act applies to all fire districts.

(2) This Act applies to land-based hazardous material incidents (and to any fires that may result from them) that occur anywhere in the State except on prescribed waters.

(3) A hazardous material incident that occurs in or on a building, bridge or other structure or on any body of water (not being part of prescribed waters) is taken to be land-based.

(4) This section has effect subject to sections 20 and 20A.

s 4: Am 1993 No 110, Sch 1 (3); 1998 No 120, Sch 1.17 [1]; 2012 No 5, Sch 1.1 [1]; 2021 No 8, Sch 2.1[2] [3].

5 Fire districts

5 Fire districts

(1) In this section—

reserved area means land within a national park, historic site or state conservation area within the meaning of the National Parks and Wildlife Act 1974 or any other land reserved or dedicated under that Act.

(2) The Governor may, by order published in the Gazette, constitute an area as a fire district, the area so constituted being described by reference to a local government area or reserved area or in any other manner.

Editorial note.

For orders constituting fire districts, see the Historical notes at the end of this Act.

(3) An area constituted as a fire district must not include any area that is within neither a local government area nor a reserved area.

(4) A reference in an order under this section to a local government area or a reserved area is to be construed as a reference to that area with boundaries as at the date of publication of the order in the Gazette.

s 5: Am 2006 No 120, Sch 2.30.

5A General functions of Commissioner

5A General functions of Commissioner

(1) It is the duty of the Commissioner to take all practicable measures for preventing and extinguishing fires and protecting and saving life and property in case of fire in any fire district.

(2) It is the duty of the Commissioner to take all practicable measures—

(a) for protecting and saving life and property endangered by hazardous material incidents, and

(b) for confining or ending such an incident, and

(c) for rendering the site of such an incident safe.

(3) The Commissioner is authorised to take measures anywhere in the State for protecting persons from injury or death and property from damage, whether or not fire or a hazardous material incident is involved and, in the case of a fire, it does not matter whether or not the persons are, or the property is, within a fire district.

(4) The Commissioner is also authorised to—

(a) as directed by the State Emergency Operations Controller, deal with an emergency where no other agency has lawful authority to assume command of the emergency operation, and

(b) carry out, by accredited brigades, rescue operations allocated by the State Rescue Board, and

(c) assist the State Emergency Operations Controller to carry out emergency management functions relating to the prevention of, preparation for and response to, and to assist the State Emergency Recovery Controller to carry out emergency management functions relating to the recovery from, emergencies, in accordance with the State Emergency and Rescue Management Act 1989, and

(d) assist, at their request, members of the NSW Police Force, the NSW Rural Fire Service, the NSW State Emergency Service or the Ambulance Service of NSW in dealing with any incident or emergency, and

(e) maintain effective liaison with all emergency services organisations, and

(f) carry out such other functions as may be assigned to the Commissioner by or under this or any other Act, or by the State Emergency Operations Controller or the Minister.

s 5A: Ins 2018 No 59, Sch 3 [5].

5B Commissioner subject to control and direction of Minister

5B Commissioner subject to control and direction of Minister

The Commissioner is, in exercising the Commissioner’s functions, subject to the control and direction of the Minister.

s 5B: Ins 2023 No 42, Sch 1.

Part 2 Provision of fire brigades etc

Part 2 Provision of fire brigades etc

6

6, 7 (Repealed)

8 Establishment, maintenance etc of fire brigades

8 Establishment, maintenance etc of fire brigades

For the purpose of exercising the Commissioner’s functions under this Part, the Commissioner may—

(a) with the approval of the Minister, establish permanent fire brigades and form or assist in the formation of retained fire brigades, and

(b) provide permanent and retained fire brigades with suitable premises and requisite equipment, and

(c) maintain permanent fire brigades, and

(d) pay subsidies to volunteer fire brigades and make payments to the members of retained fire brigades.

s 8: Am 2018 No 59, Sch 3 [7].

9 Retained fire brigades

9 Retained fire brigades

(1) The Minister may approve an association of persons as a retained fire brigade if satisfied that—

(a) the association is formed for the purpose of extinguishing fires and of taking measures referred to in section 5A (2) in relation to hazardous material incidents, and

(b) the carrying out of that purpose is not the sole or principal occupation or means of livelihood of those persons or a majority of them (whether or not they receive any payment for their services as members of the association).

(2) The Minister may revoke such an approval at any time by notice in writing given to the captain of the retained fire brigade or published in the Gazette.

(3) The trustees of any real or personal property of a retained fire brigade may vest that property in the Crown, to be held by the Crown subject to the provisions of this Act but free from any other trust.

s 9: Am 1993 No 110, Sch 1 (6); 2018 No 59, Sch 3 [4] [8].

10 Exercise of functions by officers and agents

10 Exercise of functions by officers and agents

The Commissioner may exercise the Commissioner’s functions under this Act by his or her officers or agents (including the members of any permanent fire brigade) or by the members of any retained fire brigade.

s 10: Am 2018 No 59, Sch 3 [4].

10A Protection of environment

10A Protection of environment

The Commissioner is to have regard to the principles of ecologically sustainable development described in section 6 (2) of the Protection of the Environment Administration Act 1991 in carrying out any function that affects the environment.

s 10A: Ins 1998 No 19, Sch 1.

Part 3 Fighting and preventing fires and dealing with hazardous material incidents

Part 3 Fighting and preventing fires and dealing with hazardous material incidents

pt 3, hdg: Subst 1993 No 110, Sch 1 (7).

Division 1 Powers at fires and hazardous material incidents

Division 1 Powers at fires and hazardous material incidents

pt 3, div 1, hdg: Subst 1993 No 110, Sch 1 (7).

11 Brigades to proceed with speed to suspected fires or hazardous material incidents

11 Brigades to proceed with speed to suspected fires or hazardous material incidents

(1) When there is an alarm of fire, a fire brigade must, despite anything to the contrary in any Act, proceed with all speed to the fire and try by all possible means to extinguish it and save any lives and property that are in danger.

(2) When there is a report of a hazardous material incident, a fire brigade must, despite anything to the contrary in any Act—

(a) proceed with all speed to the site of the incident, and

(b) try by all possible means to render the site of the incident safe and save any lives and property that are in danger.

s 11: Am 1993 No 110, Sch 1 (8).

12 Investigation of reported fires and hazardous material incidents

12 Investigation of reported fires and hazardous material incidents

(1) The officer in charge may, with or without members of a fire brigade, enter any place—

(a) in respect of which an alarm of fire is raised to ascertain whether there is a fire at the place, or

(b) in respect of which a report of a hazardous material incident has been made to ascertain whether there is any hazardous material at the place that is, or is about to be, the subject of a hazardous material incident.

(2) Reasonable force, whether by breaking down gates or fences or breaking open doors or otherwise, may be used to gain entry.

s 12: Am 1993 No 110, Sch 1 (9).

13 General powers of officers at fires and hazardous material incidents

13 General powers of officers at fires and hazardous material incidents

(1) At a fire, the officer in charge—

(a) may take such measures as the officer thinks proper for the protection and saving of life and property and for the control and extinguishing of the fire, and

(b) is to control and direct the operations of any fire brigade.

(1A) At the site of a hazardous material incident, the officer in charge—

(a) may take such measures as the officer thinks proper for the protection and saving of life and property, for confining and ending the incident and for rendering the site safe, and

(b) is to control and direct the operations of any fire brigade.

The site is taken to be such area in the vicinity of the incident as is for the time being determined by the officer in charge.

(2) If the fire is a bush fire (including a grass fire), the officer in charge is, as far as practicable, to carry into effect any plan of operations in force under section 52 of the Rural Fires Act 1997 in relation to the place where the fire occurs.

(3) The following provisions of this Division are intended to be particular examples of the way in which functions under this section can be exercised and are not intended to limit the generality of this section.

s 13: Am 1993 No 110, Sch 1 (10); 1997 No 65, Sch 4.10 [2].

14 Closure of streets and public places

14 Closure of streets and public places

(1) The officer in charge at a fire may cause any street or public place in the vicinity of a fire to be closed to traffic during the fire.

(2) The officer in charge at a hazardous material incident may cause any street or public place in the vicinity of the site of the incident to be closed to traffic until the site has been rendered safe.

s 14: Am 1993 No 110, Sch 1 (11).

15 Use of water etc

15 Use of water etc

The officer in charge at a fire or hazardous material incident may, for the purpose of extinguishing or controlling a fire or confining or ending the incident or rendering the site of the incident safe, without payment—

(a) take and use any water from any source on any land, and

(b) cause water to flow into or be shut off from any main or pipe.

s 15: Am 1993 No 110, Sch 1 (12); 2018 No 59, Sch 3 [9].

16 Taking possession etc of buildings and vessels during fires or hazardous material incidents

16 Taking possession etc of buildings and vessels during fires or hazardous material incidents

(1) During a fire, the officer in charge may take possession of any building, vehicle or vessel, and any property in it or on it, if it is so situated that a fire in it would endanger any structure or any property in a structure.

(2) The officer in charge may, to control, extinguish or prevent the spread of the fire, cause such a building to be pulled down or destroyed and cause such a vehicle to be removed or destroyed and such a vessel to be removed or sunk, and may remove any such property and keep it in safe custody.

(2A) For the purpose of confining or ending a hazardous material incident or rendering the site of such an incident safe, the officer in charge may—

(a) take possession of any building, vehicle or vessel in the vicinity of that site and any property (whether or not the property consists of a hazardous material) in it or on it, and

(b) cause such a vehicle or vessel to be removed or remove any such property and keep it in safe custody.

(3) Whenever practicable, the consent of the Harbour Master, or other officer having the control of the removal of vessels in the port, is to be obtained before any vessel is removed or sunk.

s 16: Am 1993 No 110, Sch 1 (13).

17 Making walls and buildings safe

17 Making walls and buildings safe

(1) The officer in charge at a fire may during the fire or immediately after it, pull down, destroy, or shore up any wall or building damaged or rendered insecure by the fire or which, in the officer’s opinion, may be dangerous to life or property.

(1A) The officer in charge at a hazardous material incident may, during the incident or immediately after it, pull down, destroy or shore up any wall or building damaged or rendered insecure by the incident or which, in the officer’s opinion, may be dangerous to life or property.

(2) The cost of doing so is to be borne by the owner of the wall or building and is to be paid to the Commissioner.

s 17: Am 1993 No 110, Sch 1 (14).

18 Disconnection etc of gas and electricity

18 Disconnection etc of gas and electricity

(1) The officer in charge at a fire may cause the supply of gas or electricity to any premises on fire, or to adjacent premises, to be shut off or disconnected.

(1A) The officer in charge at a hazardous material incident may cause the supply of gas or electricity to any premises in the vicinity of the site of the incident to be shut off or disconnected.

(2) In exercising a power under this section, the officer in charge may require the person who supplies the gas or electricity concerned to immediately send some competent person to the scene for the purpose of shutting it off or disconnecting it in accordance with the officer’s directions.

(3) A person must comply with any such requirement and directions.

(4) A person who supplies gas or electricity is not liable for any damages because of any interruption of that supply under this section.

s 18: Am 1993 No 110, Sch 1 (15).

19 General power to remove persons or obstacles

19 General power to remove persons or obstacles

The officer in charge at a fire or hazardous material incident may cause to be removed any person, vehicle, vessel or thing the presence of whom or which at or near a fire or hazardous material incident might, in the officer’s opinion, interfere with the work of any fire brigade or the exercise of any of the officer’s functions.

s 19: Am 1993 No 110, Sch 1 (16).

Division 2 Special powers

Division 2 Special powers

20 Fires outside areas to which Act applies

20 Fires outside areas to which Act applies

(1) The Commissioner may permit any members of a fire brigade, with engines and appliances, to go beyond the limits of any fire district for the purpose of extinguishing any fire.

(2) In such a case the provisions of this Act apply to the fire and to anything done at the fire as if the fire were within a fire district.

20A Hazardous material incidents outside area to which Act applies

20A Hazardous material incidents outside area to which Act applies

(1) The Commissioner may, at the request of a port authority, permit any members of a fire brigade to attend the site of a hazardous material incident (whether land-based or otherwise) on that part of prescribed waters in relation to which the port authority exercises functions.

(2) At the site of such a hazardous material incident the members of the fire brigade may take such measures as the officer in charge of the members thinks proper for the protection and saving of life and property, for confining and ending such an incident and for rendering the site of such an incident safe.

(3) In such a case the provisions of this Act apply to the hazardous material incident and to anything done at the site of the incident as if the incident were not on prescribed waters.

(4) In this section—

port authority means—

(a) the Minister administering the Ports and Maritime Administration Act 1995, or

(b) the Port Corporation (within the meaning of the Ports and Maritime Administration Act 1995) exercising port safety functions (within the meaning of that Act), or

(c) the port operator of a private port under the Ports and Maritime Administration Act 1995.

site includes any area in the vicinity of the incident as is for the time being determined by the officer in charge.

s 20A: Ins 1998 No 120, Sch 1.17 [2]. Am 2006 No 84, Sch 2.3; 2012 No 5, Sch 1.1 [2]; 2012 No 101, Sch 6.1; 2021 No 8, Sch 2.1[4] [5]; 2024 No 67, Sch 5.1.

21 Power to clear fire breaks etc

21 Power to clear fire breaks etc

(1) The Commissioner is authorised to—

(a) plough, burn, clear or otherwise establish or maintain fire breaks on any land (whether or not within a fire district), and

(b) remove, burn or destroy any flammable matter or other material on any land (whether or not within a fire district) if satisfied that the action is necessary to prevent the outbreak, spread or extension of a bush fire or other fire.

(2) The power conferred by this section must not be exercised except—

(a) for the purpose of controlling or extinguishing a fire or protecting persons endangered by fire from injury or death or property endangered by fire from damage, or

(b) with the permission of the person apparently in occupation or control of the land.

22 Authority to enter land and buildings

22 Authority to enter land and buildings

(1) The Commissioner is authorised to enter, by his or her agents, any land, building or vessel where any fire or hazardous material incident has occurred and to retain possession of the land, building or vessel for a reasonable time or until an inquest or inquiry has been held relating to the fire or incident.

(2) Subsection (1) does not apply if entry is made only for the purpose of assisting in the prevention of fires by investigating the cause or origin of a fire.

s 22: Am 1993 No 110, Sch 1 (17); 2012 No 103, Sch 1 [1].

Division 2A Special powers to enter land to investigate fires

Division 2A Special powers to enter land to investigate fires

pt 3, div 2A (ss 22A–22D): Ins 2012 No 103, Sch 1 [2].

22A Object of Division

22A Object of Division

The object of this Division is to assist in the prevention of fires by expressly authorising entry onto land to investigate the cause or origin of a fire.

pt 3, div 2A (ss 22A–22D): Ins 2012 No 103, Sch 1 [2].

22B Meaning of “land”

22B Meaning of “land”

In this Division, land includes any building on the land and any vessel.

pt 3, div 2A (ss 22A–22D): Ins 2012 No 103, Sch 1 [2].

22C Power to enter land up to 24 hours after fire

22C Power to enter land up to 24 hours after fire

(1) The Commissioner may enter and inspect any land for the purposes of investigating the cause or origin of any fire that has occurred on that land or any adjacent land, but only for a period of up to 24 hours after the fire has been put out and the land is safe to enter.

(2) The power conferred on the Commissioner under subsection (1) may be exercised with or without the consent of the owner or occupier of the land concerned.

(3) This section does not authorise the Commissioner to enter any part of land used only for residential purposes without the authority of a search warrant under section 22D or the consent of the owner or occupier of the land concerned.

pt 3, div 2A (ss 22A–22D): Ins 2012 No 103, Sch 1 [2].

22D Search warrants

22D Search warrants

(1) The Commissioner may apply to an authorised officer for a search warrant for any land if the Commissioner reasonably believes that entry onto the land is necessary for the purposes of the investigation of the cause or origin of any fire that has occurred on that land or any adjacent land.

(2) An authorised officer to whom an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising the Commissioner or any other person named in the warrant to enter land for the purposes of the investigation of the cause or origin of any fire that has occurred on that land or any adjacent land.

(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.

(4) In this section—

authorised officer has the same meaning as in the Law Enforcement (Powers and Responsibilities) Act 2002.

pt 3, div 2A (ss 22A–22D): Ins 2012 No 103, Sch 1 [2].

Division 3 Command structure

Division 3 Command structure

23 Commissioner may authorise others to exercise functions

23 Commissioner may authorise others to exercise functions

(1) Any function conferred or imposed on the Commissioner by this Part may be exercised by any officer or member of a fire brigade authorised for the purpose by the Commissioner.

(2) Such an authorisation need not be in writing and operates to authorise the exercise of functions accordingly.

s 23: Am 1994 No 36, Sch 1 (4).

24 Officer in charge may authorise others to exercise functions

24 Officer in charge may authorise others to exercise functions

(1) The officer in charge at a fire or hazardous material incident may authorise any officer or member of a fire brigade to exercise all or specified functions under this Part of the officer in charge.

(2) Such an authorisation need not be in writing and operates to authorise the exercise of functions accordingly.

s 24: Am 1993 No 110, Sch 1 (18).

25 Duty to recognise authority of officers

25 Duty to recognise authority of officers

(1) Every member of the NSW Police Force and all other persons are to recognise—

(a) the authority of the Commissioner and any member of a fire brigade acting under the Commissioner’s orders, and

(b) the authority of the officer in charge at a place at which a fire brigade is present.

(2) It is the duty of every member of the NSW Police Force to support the authority of such a person and to assist him or her in enforcing compliance with any orders given under this Act or the regulations.

(3) This section applies only in respect of the protection of persons from injury or death, or of property from damage, when the persons are or the property is endangered by fire or a hazardous material incident.

s 25: Am 1993 No 110, Sch 1 (19); 1994 No 36, Sch 1 (4) (5); 2011 No 62, Sch 3.11.

26 Interstate assistance

26 Interstate assistance

(1) A person who is a member of an interstate fire brigade and present at a fire in a fire district for the purpose of trying to extinguish it or to save any lives or property in danger there must—

(a) obey any orders given to the person by the officer in charge at the fire, and

(b) place any gear or equipment in the person’s charge at the disposal of the officer in charge at the fire.

(1A) A person who is a member of an interstate fire brigade and present at a hazardous material incident in the State for the purpose of trying to confine or end the incident, to render the site of the incident safe or to save any lives or property in danger there must—

(a) obey any orders given to the person by the officer in charge at the incident, and

(b) place any gear or equipment in the person’s charge at the disposal of the officer in charge at the incident.

(2) While there is no officer in charge at the fire or incident, the member of the interstate fire brigade who has charge of the members of that brigade present at the fire or incident is, for the purposes of this Act, to be considered to be the officer in charge at the fire or incident.

(3) In this section—

interstate fire brigade means a fire brigade, by whatever name called, established under a law of Queensland, Victoria, South Australia or the Australian Capital Territory.

s 26: Am 1993 No 110, Sch 1 (20).

Division 4 Inspection etc

Division 4 Inspection etc

27 Inspection etc of brigades

27 Inspection etc of brigades

The Commissioner may inspect fire brigades and their premises and equipment and enforce compliance with the regulations in respect of them.

ss 27–29: Am 1994 No 36, Sch 1 (4).

28 Inspection of theatres etc

28 Inspection of theatres etc

The Commissioner may at any time enter any theatre, hall, building or place used for public entertainment or public assembly to ascertain whether provisions made by or under any Act for the prevention of fire or for the safety of the public are being or have been contravened.

ss 27–29: Am 1994 No 36, Sch 1 (4).

29 Inspection—dangerous goods, lighting of fires

29 Inspection—dangerous goods, lighting of fires

(1) The Commissioner may at any time enter any land, building or vessel for the purpose of ascertaining whether provisions made by or under any Act relating to the storage or keeping of explosives or flammable matter, or relating to the lighting of fires, are being or have been contravened.

(2) If satisfied that such a provision is being contravened, the Commissioner may serve on the occupier of the land or building concerned or on the master, owner or agent of the vessel concerned, a notice requiring the contravention to be remedied within a specified time.

(3) A person must comply with such a notice within the time specified.

Maximum penalty—50 penalty units.

ss 27–29: Am 1994 No 36, Sch 1 (4).

30 Information may be requested from owner

30 Information may be requested from owner

(1) The following persons are authorised to make a request under this section—

(a) the Commissioner,

(b) (Repealed)

(c) any member of a fire brigade.

(2) On request made by a person authorised by this section, the owner of premises where a fire or hazardous material incident occurs, the owner or driver of a vehicle conveying personal property and involved in a hazardous material incident, or the owner of any personal property on any such premises or vehicle or which has been destroyed or damaged by fire or such an incident, must—

(a) inform the authorised person whether the premises or property were or was insured at the time or during the period specified by the person, and

(b) give the authorised person full particulars of any such insurance, including the name of the insurer and the amount of the insurance.

Personal property includes any hazardous material.

(3) A person who contravenes subsection (2), or in purported compliance with that subsection gives any information knowing it to be false or misleading in a material particular, is guilty of an offence.

Maximum penalty—5 penalty units.

s 30: Am 1993 No 110, Sch 1 (21); 1994 No 36, Sch 1 (6).

Division 5 Offences

Division 5 Offences

31 Fire brigade not to be constituted unless authorised

31 Fire brigade not to be constituted unless authorised

(1) It is unlawful for any persons to constitute or maintain a fire brigade for the purpose of extinguishing fire within any fire district except—

(a) as a permanent or retained fire brigade under the authority of this Act, or

(b) on premises or land owned or used by the persons or at which they are employed.

(1A) It is unlawful for any persons to constitute or maintain any body for the purpose of taking measures referred to in section 5A (2) in relation to hazardous material incidents except—

(a) as a permanent or retained fire brigade under the authority of this Act, or

(b) on premises or land owned or used by the persons or at which they are employed, or

(c) where the body consists of employees of the persons and the body is constituted to deal with incidents involving hazardous materials owned by or transported by vehicles or other means of transport owned by the persons, or

(d) with the approval of the Commissioner.

(2) A person who acts in contravention of this section is guilty of an offence.

Maximum penalty—20 penalty units.

s 31: Am 1993 No 110, Sch 1 (22); 2018 No 59, Sch 3 [4] [8].

32 Concealing fire hydrant

32 Concealing fire hydrant

It is an offence for a person to—

(a) wilfully cover up, enclose or conceal any fire hydrant so as to make it difficult to find, or

(b) obliterate or remove any mark, sign or letter used to indicate the position of or distinguish a fire hydrant.

Maximum penalty—20 penalty units.

33 Damaging fire brigade equipment etc

33 Damaging fire brigade equipment etc

A person who wilfully damages or destroys any building, engine, hose, ladder or other thing belonging to or in use by any fire brigade is guilty of an offence.

Maximum penalty—

(a) for a first offence—20 penalty units or imprisonment for 1 month, or both, or

(b) for a second or subsequent offence—50 penalty units or imprisonment for 12 months, or both.

34 False alarms

34 False alarms

A person who tampers with any fire alarm or signalling apparatus for giving notice of fire or who intentionally or recklessly gives any false alarm of fire is guilty of an offence.

Maximum penalty—

(a) for a first offence—20 penalty units or imprisonment for 1 month, or both, or

(b) for a second or subsequent offence—50 penalty units or imprisonment for 12 months, or both.

s 34: Am 2007 No 38, Sch 3.2.

35

35 (Repealed)

35A

35A (Repealed)

Division 6 Miscellaneous

Division 6 Miscellaneous

36 Commissioner may be represented at inquiry

36 Commissioner may be represented at inquiry

(1) The Commissioner may, at any inquest or inquiry relating to the cause or origin of any fire or hazardous material incident, be represented by a person appointed by the Commissioner for the purpose.

(2) The Commissioner’s representative may adduce evidence, examine witnesses and address the court at the inquest or inquiry.

s 36: Am 1993 No 110, Sch 1 (23).

37 Payments for voluntary services

37 Payments for voluntary services

The Commissioner may make payments for voluntary or special services rendered to the Commissioner or to any fire brigade.

s 37: Am 1994 No 36, Sch 1 (8).

38 Certain damage to be covered by insurance

38 Certain damage to be covered by insurance

(1) Any damage to property caused by the Commissioner, the officer in charge at a fire or a hazardous material incident, any member of a fire brigade (including an interstate fire brigade within the meaning of section 26) or any member of a community fire unit in the exercise in good faith of functions under this or any other Act is to be considered to be damage by fire for the purposes of any policy of insurance against fire covering the property.

(2) This section applies only in respect of damage to property caused in the exercise of a function to protect persons from injury or death or property from damage if those persons are or the property is endangered by fire or endangered by the escape or likely escape of hazardous material.

s 38: Am 1993 No 110, Sch 1 (24); 1994 No 36, Sch 1 (4); 2005 No 33, Sch 1 [3].

39 Use of water for training and demonstration

39 Use of water for training and demonstration

The Commissioner may, by arrangement with the owner or occupier or other person having control or management of land containing a water source, take and use, free of charge, water from that source for the purpose of training or demonstration by a fire brigade.

s 39: Am 1994 No 36, Sch 1 (4). Subst 2018 No 59, Sch 3 [10].

Part 4 Charges for attending fires and other services

Part 4 Charges for attending fires and other services

40 Charges for attending fires or hazardous material incidents

40 Charges for attending fires or hazardous material incidents

(1) Except as provided by this section, no charge is to be made for the attendance at a fire of any members of a fire brigade.

(2) If a fire occurs in any building, vehicle, vessel or property outside a fire district to which this Act applies, the Commissioner is entitled to recover, for services rendered by any members of a fire brigade in endeavouring to extinguish the fire or save life or property, charges not exceeding the prescribed charges.

(3) Those charges may be recovered from—

(a) the owner of the building, vehicle or property, or

(b) the master or owner of the vessel and the cargo and freight for the vessel.

(4) The amount of those charges is not to exceed 20 per cent of the value before the fire of the building, vessel, cargo and freight or property.

(4A) If a hazardous material incident occurs anywhere in the State, the Commissioner is entitled to recover charges, not exceeding the prescribed charges, for services rendered by any members of a fire brigade in endeavouring—

(a) to confine or end the incident, or to render the site of the incident safe, or

(b) to save any lives or property in danger.

(4B) Those charges may be recovered from—

(a) the owner of, or the person having charge of, the hazardous material involved, or

(b) the owner or occupier of the premises on which, or the owner or person in charge of the vehicle or vessel on or in which, or arising out of the use of which, the incident occurred.

(4C) This section does not allow recovery of charges for a fire within a fire district even though the fire arose from a hazardous material incident.

(5) This section binds the Crown in right of the State and also, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.

s 40: Am 1993 No 110, Sch 1 (25).

41 Apportionment of charges

41 Apportionment of charges

(1) The charges payable under section 40 in respect of a fire are to be ratably apportioned between the owner of the building, vessel or vehicle and the owner of the property, cargo or freight, according to their respective values before the fire.

(2) If any dispute arises between the parties liable to pay such a charge as to the proportion payable by each or any of them, the Commissioner may determine and certify the amount payable by each person.

(3) The Commissioner’s certificate is conclusive evidence in any proceedings of the amount payable by each of the parties.

(4) The charges payable under section 40 otherwise than in respect of a fire are to be ratably apportioned in accordance with the regulations, if the regulations so provide.

s 41: Am 1993 No 110, Sch 1 (26).

42 Charges for other services

42 Charges for other services

(1) If the Commissioner or a member of a fire brigade, on request made by or on behalf of any person (whether or not made in compliance with any law) otherwise than under an automatic fire alarm network service arrangement referred to in section 79A—

(a) inspects any premises, or

(b) inspects, tests, services or repairs any equipment, or

(c) furnishes any advice or report concerning fire prevention or protection, fire fighting equipment or other matters, or

(d) conducts any training course, or

(e) responds to any alarm (if it is afterwards discovered that the alarm was false), or

(f) performs any other service specified in the regulations,

the Commissioner is entitled to payment by the person of the charge prescribed by the regulations in respect of the service performed or, if no amount is so prescribed, of such amount as the Commissioner thinks fit.

(1A) The Commissioner is entitled to payment of any charges that a person has agreed to pay under an automatic fire alarm network service arrangement referred to in section 79A, including charges of a kind referred to in subsection (1) (a)–(e).

(1B) Nothing in subsection (1A) affects the Commissioner’s entitlement to payment of any charges payable otherwise than as referred to in that subsection.

(2) If a charge is not prescribed in respect of the conduct of a training course, the Commissioner is entitled to payment of the charge that the Commissioner determines is the reasonable charge payable for the conducting of a training course.

(3) This section binds the Crown in right of the State and also, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.

s 42: Am 1997 No 27, Sch 1 [1] [2]; 2018 No 59, Sch 3 [11].

43 Waiver or reduction of charges

43 Waiver or reduction of charges

The Commissioner may, at his or her discretion, waive any charge payable under this Part or reduce any such charge by such proportion as the Commissioner thinks fit having regard to—

(a) a person’s contribution (whether by payment of local government rates or insurance premiums or otherwise) to the cost of fire brigade operations, and

(b) such other matters as the Commissioner considers relevant.

Part 5 Contribution to fire brigades costs

Part 5 Contribution to fire brigades costs

pt 5: Subst 2009 No 84, Sch 1.1 [1].

44 Definitions

44 Definitions

In this Part—

assessment notice means an assessment notice given to a local council under section 54.

financial year means the period of 12 months starting on 1 July in a year.

fire brigade contribution means an amount payable under this Part for a financial year by a local council.

fire brigade contribution instalment—see section 51A.

fire brigades expenditure, in relation to a financial year, means the total of—

(a) expenditure incurred for fire brigades during the year, and

(b) (Repealed)

(c) expenditure incurred during the year in respect of the administrative costs of Fire and Rescue NSW or the Minister under the authority of this Act.

fire brigades funding amount—see section 49.

fire brigades funding target—see section 45.

Fund means the New South Wales Fire Brigades Fund established under section 64A (1).

State Revenue Commissioner means the Chief Commissioner of State Revenue under the Taxation Administration Act 1996.

s 44: Am 1995 No 6, Sch 1 (1); 1997 No 27, Sch 1 [3] [4]; 2008 No 122, Sch 6.1 [1] [2]. Subst 2009 No 84, Sch 1.1 [1]. Am 2014 No 33, Sch 3.6 [3]; 2017 No 9, Sch 4.2 [1]–[4]; 2017 No 22, Sch 2.12.

45 Fire brigades funding target

45 Fire brigades funding target

(1) Before 31 March in each year or a later date agreed to by the Treasurer, the Minister must—

(a) prepare and, subject to the Treasurer’s agreement, adopt a funding target for Fire and Rescue NSW for the next financial year (the fire brigades funding target), and

(b) prepare and adopt an estimate of the amount of the fire brigades funding target for each fire district for the next financial year.

(2) The Minister is to calculate the fire brigades funding target for the financial year using the following formula—

where—

FTt is the fire brigades funding target for the financial year (represented by “t”).

EEt is the estimated fire brigades expenditure for the financial year.

AEt-2 is the actual fire brigades expenditure for the financial year that commenced 2 years before the period “t” (represented as “t-2”).

EEt-2 is the estimated fire brigades expenditure for the financial year that commenced 2 years before the period “t” (represented as “t-2”).

(3) To avoid doubt, if AEt-2−EEt-2 is a negative amount, that amount is subtracted from EEt.

(4) The estimate of fire brigades expenditure for a financial year is to be reduced, as necessary, by the amount it is estimated will be paid to the Fund for the financial year (other than from contributions made by the Treasurer).

(5) The actual fire brigades expenditure for a financial year is to be reduced, as necessary, by the amount paid to the Fund for the financial year (other than from contributions made by the Treasurer).

(6) Without limiting subsections (4) and (5), the Minister may, with the Treasurer’s agreement, decide that adjustments are not to be made to the fire brigades funding target in respect of—

(a) certain money paid into the Fund, or

(b) certain amounts it is estimated will be paid to Fire and Rescue NSW for the financial year.

(7) In determining the amount of the fire brigades funding target for each fire district, the Minister may apportion the total estimated expenditure between fire districts in the way the Minister thinks fit.

s 45: Subst 1997 No 27, Sch 1 [5]; 2008 No 122, Sch 6.1 [3]; 2009 No 84, Sch 1.1 [1]; 2017 No 9, Sch 4.2 [5].

46 Commissioner to assist

46 Commissioner to assist

(1) To assist the Minister in preparing and adopting the fire brigades funding target for a financial year, the Commissioner must prepare and give to the Minister a written report and recommendations about fire brigades expenditure for the year and the estimated expenditure for each fire district and each local council.

(2) The Minister must consider the Commissioner’s report and recommendations in preparing the estimates.

s 46: Rep 1997 No 27, Sch 1 [5]. Ins 2008 No 122, Sch 6.1 [3]. Subst 2009 No 84, Sch 1.1 [1]. Am 2014 No 33, Sch 3.6 [3]. Subst 2017 No 9, Sch 4.2 [5].

47 Treasurer to pay contributions

47 Treasurer to pay contributions

(1) The Treasurer is to pay an annual contribution to the Fund for each financial year.

(2) The annual contribution payable is the fire brigades funding amount.

(3) The Treasurer may direct the payment of additional contributions to the Fund, subject to any terms and conditions approved by the Treasurer.

(4) The annual contribution, and any additional contributions, are to be paid out of money provided by Parliament.

s 47: Am 1995 No 6, Sch 1 (2) (3); 1997 No 27, Sch 1 [6]–[10]. Subst 2008 No 122, Sch 6.1 [3]; 2009 No 84, Sch 1.1 [1]. Am 2010 No 46, Sch 2.1 [1]. Subst 2017 No 9, Sch 4.2 [5].

48 Contribution payable in instalments

48 Contribution payable in instalments

The annual contribution is to be paid by the Treasurer in instalments on or before the following dates—

(a) 1 August,

(b) 1 October,

(c) 1 January,

(d) 1 April.

s 48: Rep 1995 No 6, Sch 1 (4). Ins 1997 No 27, Sch 1 [11]. Subst 2008 No 122, Sch 6.1 [3]; 2009 No 84, Sch 1.1 [1]; 2017 No 9, Sch 4.2 [5].

49 Fire brigades funding amount

49 Fire brigades funding amount

(1) As soon as practicable after the commencement of each financial year, the Minister must prepare and, subject to the Treasurer’s agreement, adopt an update of fire brigades funding for the financial year (the fire brigades funding amount).

(2) The fire brigades funding amount is the estimated fire brigades expenditure for the financial year (that is, EEt in the fire brigades funding target for the financial year), adjusted and updated in accordance with this section.

(3) Estimated fire brigades expenditure is to be adjusted for the purposes of the fire brigades funding amount so that the estimate—

(a) is reduced or increased, as appropriate, for any difference between the estimate of fire brigades expenditure for the financial year, as adopted in the fire brigades funding target, and an updated estimate of that amount, and

(b) is reduced or increased, as appropriate, for any difference between the fire brigades funding amount for the previous financial year and the actual amount of fire brigades expenditure for that financial year.

(4) Without limiting subsection (3), the Minister may, with the Treasurer’s agreement, decide that adjustments are not to be made to the fire brigades funding amount in respect of—

(a) any surplus in the Fund at the end of the previous financial year, or

(b) certain money paid into the Fund, or

(c) certain amounts it is estimated will be paid to Fire and Rescue NSW for the financial year.

(5) An adjustment to the estimated fire brigades expenditure that is made under this section has no effect on, and is not to be used in the calculation of, the fire brigades funding target for a financial year.

s 49: Am 1995 No 6, Sch 1 (5). Rep 2008 No 122, Sch 6.1 [3]. Ins 2009 No 84, Sch 1.1 [1]. Am 2010 No 46, Sch 2.1 [2]. Subst 2017 No 9, Sch 4.2 [5].

pt 5, div 1A (s 49A): Ins 2008 No 122, Sch 6.1 [4]. Rep 2009 No 84, Sch 1.1 [1].

50 Council to pay fire brigade contribution

50 Council to pay fire brigade contribution

A local council is to pay to the State Revenue Commissioner a fire brigade contribution for each financial year.

s 50: Am 2008 No 122, Sch 6.1 [5]. Subst 2009 No 84, Sch 1.1 [1]; 2017 No 9, Sch 4.2 [5].

s 50A: Ins 1995 No 6, Sch 1 (6). Rep 2009 No 84, Sch 1.1 [1].

51 Amount of contribution

51 Amount of contribution

(1) The amount of the fire brigade contribution is the amount determined by the Minister for each local council.

(2) The Minister is to determine the contribution payable by a local council on the basis of the fire brigades funding target for each fire district.

(3) The contribution payable by local councils for each fire district is 11.7% of the fire brigades funding target applicable to the fire district.

(4) The contribution to be paid for a fire district is to be paid by the local council or councils of a local government area the whole or part of which is included in the fire district.

(5) However, if a fire district comprises a reserved area (within the meaning of section 5) and no other area—

(a) a local council of an area within the fire district is not required to pay a fire brigade contribution for the fire district, and

(b) the fire brigade contribution for the fire district is to be paid from the National Parks and Wildlife Fund established under the National Parks and Wildlife Act 1974.

(6) If a fire district comprises more than one local government area, the amount of the fire brigade contribution payable by the local council of each local government area in the fire district is to be apportioned according to the current 5-year average of the total land values of all rateable land in the local government area or in the part of it in the fire district.

(7) A local council or an officer of a local council must, if asked by the Minister, give the Minister any document or information required by the Minister to determine the council’s fire brigade contribution.

(8) In this section—

current 5-year average, in relation to the total land values of land, means the arithmetic mean of the total land values of the land (estimated in accordance with section 67 of the Valuation of Land Act 1916) as at 1 July in each of the 5 financial years before the date on which the average is being calculated.

s 51: Am 1997 No 27, Sch 1 [12] [13]. Subst 2009 No 84, Sch 1.1 [1]; 2017 No 9, Sch 4.2 [5].

51A Contribution payable in instalments

51A Contribution payable in instalments

A fire brigade contribution payable by a local council for a financial year is payable in 4 instalments (each of which is a fire brigade contribution instalment).

s 51A: Ins 2017 No 9, Sch 4.2 [5].

51B Minister to advise State Revenue Commissioner

51B Minister to advise State Revenue Commissioner

The Minister is to advise the State Revenue Commissioner, by the date of 15 April that occurs immediately before the commencement of a financial year, of—

(a) the amount of the fire brigade contribution payable by each local council for the financial year, and

(b) the amount of the fire brigade contribution instalments payable by each local council.

s 51B: Ins 2017 No 9, Sch 4.2 [5].

52 When instalments are to be paid

52 When instalments are to be paid

A local council must, in accordance with an instalment notice given to the council by the State Revenue Commissioner, pay to the State Revenue Commissioner a fire brigade contribution instalment on or before each of the following days in a financial year—

(a) 30 September,

(b) 31 December,

(c) 31 March,

(d) 30 June.

s 52: Am 1995 No 11, Sch 1. Subst 2009 No 84, Sch 1.1 [1]; 2017 No 9, Sch 4.2 [7].

53

53 (Repealed)

54 Annual assessment notice

54 Annual assessment notice

(1) The State Revenue Commissioner must give to each local council that is required to pay a fire brigade contribution for a financial year an assessment notice that sets out the amount of the fire brigade contribution payable by the local council for that year.

(2) The assessment notice must be given to the local council by 30 April in the year before the financial year for which the fire brigade contribution is payable.

s 54: Am 1995 No 6, Sch 1 (9). Subst 2009 No 84, Sch 1.1 [1]; 2017 No 9, Sch 4.2 [8].

55 Instalment notices

55 Instalment notices

The State Revenue Commissioner must give to each local council that is required to pay a fire brigade contribution instalment a written notice (an instalment notice) that specifies—

(a) the amount of the fire brigade contribution instalment payable under the instalment notice, and

(b) the date by which the fire brigade contribution instalment is payable.

s 55: Am 1993 No 99, Sch 1 (2); 1995 No 6, Sch 1 (10) (11); 2008 No 122, Sch 6.1 [6]; 2009 No 56, Sch 4.19. Subst 2009 No 84, Sch 1.1 [1]; 2017 No 9, Sch 4.2 [8].

55A Fire brigade contribution is debt payable to State Revenue Commissioner

55A Fire brigade contribution is debt payable to State Revenue Commissioner

(1) If the whole or part of a fire brigade contribution payable by a local council is not paid to the State Revenue Commissioner as required, the unpaid amount is recoverable by the State Revenue Commissioner as a debt in a court of competent jurisdiction.

(2) The applied provisions of the Taxation Administration Act 1996 apply in relation to the fire brigade contribution payable by a local council under this Act as if Part 5 of this Act were a taxation law and the contribution were a tax payable by a council under a taxation law.

(3) The applied provisions of the Taxation Administration Act 1996 are the following provisions of that Act—

(a) Division 1 (Interest) of Part 5,

(b) sections 50 and 55 (which prohibit the giving of false and misleading information),

(c) Division 1 (Tax officers), Division 2 (Investigation) and Division 3 (Secrecy) of Part 9,

(d) sections 114, 115, 116, 118, 119 and 120,

(e) any provisions that are relevant to the interpretation of the above provisions.

(4) The applied provisions apply to an assessment made by the State Revenue Commissioner under this Act in the same way as they apply to an assessment under that Act.

(5) To avoid doubt, Part 10 of the Taxation Administration Act 1996 does not apply to a fire brigade contribution or to the exercise of any of the State Revenue Commissioner’s functions in respect of fire brigade contributions (including under the applied provisions of the Taxation Administration Act 1996).

s 55A: Ins 2017 No 9, Sch 4.2 [8].

56 How contribution is to be funded

56 How contribution is to be funded

(1) The fire brigade contribution payable by a local council is to be paid out of the council’s consolidated fund.

(2) Funds of a local council derived from donations and other voluntary contributions made for the purposes of this Act may not be used towards the payment of fire brigade contributions by the local council unless approved by the Minister.

s 56: Am 1993 No 99, Sch 1 (3); 1995 No 6, Sch 1 (12)–(14). Subst 2009 No 84, Sch 1.1 [1]. Am 2017 No 9, Sch 4.2 [9].

Division 7 Miscellaneous

Division 7 Miscellaneous

pt 5, div 7: Ins 2009 No 84, Sch 1.1 [1].

pt 5, div 7, hdg: Subst 2017 No 9, Sch 4.2 [11].

64A New South Wales Fire Brigades Fund

64A New South Wales Fire Brigades Fund

(1) There is to be established in the Special Deposits Account in the Treasury a New South Wales Fire Brigades Fund.

(2) There is to be paid into the Fund—

(a) all contributions payable by the Treasurer under this Part, and

(b) any other money appropriated by Parliament for payment into the Fund, and

(c) the proceeds of investment of money in the Fund, and

(d) any other money required by law to be paid into the Fund.

(3), (4) (Repealed)

(5) Payments may be made from the Fund—

(a) to assist in meeting the costs of fire brigades expenditure, and

(b) as otherwise directed or permitted by or under this Act or another Act.

(6) Payments may be made from the Fund, with the Treasurer’s agreement, as directed or permitted by or under this Act or another Act.

s 64A: Ins 2009 No 84, Sch 1.1 [1]. Am 2014 No 33, Sch 3.6 [3]; 2017 No 9, Sch 4.2 [12]–[14].

64B Certificate evidence

64B Certificate evidence

A certificate signed by the Minister that states any of the following matters is admissible in proceedings and, in the absence of evidence to the contrary, is proof of the matters stated in the certificate—

(a) the fire brigades funding target, as adopted by the Minister under this Part,

(b) the fire brigades funding target applicable to a fire district, as adopted by the Minister under this Part,

(c) the amount of the fire brigade contribution determined by the Minister for a specified local council for the financial year.

s 64B: Ins 2009 No 84, Sch 1.1 [1]. Am 2014 No 33, Sch 3.6 [3]. Subst 2017 No 9, Sch 4.2 [15].

Division 8

Division 8

64C (Repealed)

pt 5, div 8 (s 64C): Ins 2009 No 84, Sch 1.1 [1]. Rep 2017 No 9, Sch 4.2 [16].

Part 6 Administration

Part 6 Administration

65

65 (Repealed)

66 Staff of Fire and Rescue NSW

66 Staff of Fire and Rescue NSW

(1) Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the Commissioner to exercise his or her functions.

Note.

Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the Commissioner makes use of) may be referred to as officers or employees, or members of staff, of the Commissioner. Section 47A of the Constitution Act 1902 precludes the Commissioner from employing staff unless authorised by legislation to do so (Section 69 of this Act authorises the Commissioner to employ members of permanent fire brigades).

(2) This section does not apply to the members of permanent fire brigades.

s 66: Am 2005 No 64, Sch 2.15 [2]. Subst 2014 No 33, Sch 3.6 [5].

67 Efficiency, discipline and good conduct

67 Efficiency, discipline and good conduct

The Commissioner is responsible for maintaining the efficiency, discipline and good conduct of the members of fire brigades.

s 67: Subst 1994 No 36, Sch 1 (9).

68 Definition

68 Definition

In this Division—

Industrial Relations Secretary means the Industrial Relations Secretary under the Government Sector Employment Act 2013.

s 68: Subst 2011 No 48, Sch 2.3 [1]. Am 2014 No 33, Sch 3.6 [6].

69 Appointment etc of fire fighters

69 Appointment etc of fire fighters

(1) The Commissioner may appoint such persons as may be necessary to provide the members of fire brigades for the purposes of this Act.

(2) A member of a fire brigade is, when acting as such a member, to be considered to be employed by the Government of New South Wales in the service of the Crown.

(3) Except as provided by section 70, the Commissioner is to have and may exercise all the functions of employer of the members of fire brigades including (but without being limited to) functions concerning—

(a) dismissal, suspension or reinstatement of employees, and

(b) discipline, promotion and transfer of employees.

70 Industrial Relations Secretary is to be employer for certain purposes

70 Industrial Relations Secretary is to be employer for certain purposes

(1) The Industrial Relations Secretary is, for the purposes of any proceedings relating to members of permanent or retained fire brigades held before a competent tribunal having jurisdiction to deal with industrial matters, to be taken to be the employer of those persons.

(2) This section does not apply to proceedings relating to—

(a) the dismissal, suspension or reinstatement of members of permanent or retained fire brigades, or

(b) the powers of the Commissioner with respect to the discipline, promotion or transfer of those members.

s 70: Am 2011 No 48, Sch 2.3 [2]; 2014 No 33, Sch 3.6 [7]; 2018 No 59, Sch 3 [7].

71 Industrial Relations Secretary may fix salaries, wages etc

71 Industrial Relations Secretary may fix salaries, wages etc

(1) The Industrial Relations Secretary may from time to time make determinations fixing—

(a) the salaries, wages and other remuneration of members of permanent fire brigades, and

(b) the payments to be made to members of retained fire brigades.

(2) The salary, wages or other remuneration of a member of a permanent fire brigade and the payments to be made to a member of a retained fire brigade are, except in so far as provision is otherwise made by law, such as may be fixed by a determination made under this section.

(3) A person may sue for and recover from the Crown the amount of remuneration or payments to which the person is entitled, as determined under this section.

s 71: Am 2011 No 48, Sch 2.3 [2]; 2014 No 33, Sch 3.6 [7]; 2018 No 59, Sch 3 [4] [7].

72 Industrial Relations Secretary may enter into agreements

72 Industrial Relations Secretary may enter into agreements

(1) The Industrial Relations Secretary may enter into an agreement with any association or organisation representing a group or class of members of permanent or retained fire brigades with respect to industrial matters.

(2) Any such agreement binds all persons in the class or group affected by the agreement, and no such member of a permanent or retained fire brigade (whether or not a member of the association or organisation with which the agreement was entered into) has any right of appeal against the terms of the agreement.

s 72: Am 2011 No 48, Sch 2.3 [2]; 2014 No 33, Sch 3.6 [7]; 2018 No 59, Sch 3 [4] [7].

73 Commissioner to give effect to orders, agreements etc

73 Commissioner to give effect to orders, agreements etc

The Commissioner is to give effect to any order or determination made by a competent tribunal in any proceedings referred to in section 70 and any agreement referred to in section 72.

74 Regulations relating to members of fire brigades

74 Regulations relating to members of fire brigades

(1) The regulations may make provision for or with respect to the employment of members of permanent fire brigades and the service of members of retained fire brigades, including the conditions of that employment and service and the discipline of members.

(2) Any such regulations relating to conditions of employment or service, or discipline—

(a) have effect subject to any relevant award made by a competent industrial tribunal and to any industrial agreement to which the Industrial Relations Secretary is a party, and

(b) have effect despite any determination of the Industrial Relations Secretary under section 71 (Industrial Relations Secretary may fix salaries, wages etc).

s 74: Am 2011 No 48, Sch 2.3 [2]; 2014 No 33, Sch 3.6 [7]; 2018 No 59, Sch 3 [7].

74A Definitions

74A Definitions

In this Division—

bush fire has the same meaning as in the Rural Fires Act 1997.

bush fire danger period has the same meaning as in the Rural Fires Act 1997.

fire fighter means a member of a fire brigade appointed under this Act or a volunteer rural fire fighter as defined in section 8 (3) of the Rural Fires Act 1997.

74B Establishment of community fire units

74B Establishment of community fire units

(1) The Commissioner may establish a community fire unit for any geographical area within a fire district.

(2) The Commissioner is to determine the geographical area for which a community fire unit is established.

(3) A community fire unit is to consist of such persons as the Commissioner appoints as members of the community fire unit under this Division.

(4) The Commissioner may at any time disband a community fire unit.

74C Objects and functions of community fire units

74C Objects and functions of community fire units

(1) The objects of a community fire unit are to assist with the defensive protection of homes during bush fires and to carry out other fire protection work under the direction of the Commissioner.

(2) The functions of a community fire unit are as follows—

(a) to undertake fire prevention work by encouraging the preparation of properties in advance of the bush fire danger period and assisting with hazard reduction work such as clearing and pile burning,

(b) to assist fire fighters during a bush fire, particularly through the defensive protection of homes from spot fires and ember attacks before fire fighters arrive or while fire fighters are working at the main fire fronts,

(c) to assist with recovery operations after a bush fire such as bushland regeneration and removal of debris that could pose a future bush fire hazard,

(d) to educate members of the community in relation to fire safety and the prevention of bush fires.

(3) The functions of a community fire unit may be exercised only in the geographical area for which the unit is established.

(4) The functions of a community fire unit may be exercised by any member of the community fire unit.

(5) A member of a community fire unit is, in the exercise of his or her functions as a member of a community fire unit—

(a) subject to the direction and control of the Commissioner, and

(b) subject to the operational guidelines of the Commissioner.

74D Appointment of members

74D Appointment of members

(1) The Commissioner may, by instrument in writing, appoint any person as a member of a community fire unit.

Note.

Members are generally volunteers who reside in a bushland area for which a community fire unit is established.

(2) The Commissioner may terminate the appointment of a member of a community fire unit at any time in accordance with guidelines established by the Commissioner.

74E Training and equipment for community fire units

74E Training and equipment for community fire units

The Commissioner is to provide each community fire unit with such training and equipment as the Commissioner considers necessary to enable the community fire unit to exercise its functions.

75 Constitution of Council

75 Constitution of Council

(1) There is constituted by this Act the New South Wales Fire Brigades Advisory Council.

(2) The Council is to consist of 4 members, being—

(a) the Commissioner, who is to be the Chairperson of the Council,

(b) (Repealed)

(c) a person appointed by the Minister to represent insurance companies in New South Wales, being a person selected by the Minister from a panel of 3 persons nominated by the Insurance Council of Australia Limited,

(d) a person appointed by the Minister to represent local government in New South Wales, being a person selected by the Minister from a panel of 3 persons nominated by the Local Government and Shires Association of New South Wales,

(e) (Repealed)

(f) a person appointed by the Minister, being a person who in the Minister’s opinion has expertise in the field of fire prevention and control.

(3) Schedule 2 has effect with respect to the members and procedure of the Council.

(4) If a body fails to nominate a panel of persons for the purposes of an appointment under subsection (2) (c) or (d) within a reasonable time after being requested to do so by the Minister, the Minister may appoint a person of the Minister’s own choice.

s 75: Am 1994 No 36, Sch 2 (1); 2013 No 111, Sch 2.5.

76 Functions of Council

76 Functions of Council

(1) The function of the Council is to advise the Minister on any matter relating to the development, co-ordination, administration and regulation throughout the State of fire brigade services provided under the authority of this Act.

(2) Any such advice may be given either at the request of the Minister or without any such request.

(3) The Council has such other functions as are conferred or imposed on it by or under this or any other Act.

77 Committees of Council

77 Committees of Council

(1) The Council may, with the approval of the Minister, establish committees to assist it in connection with the exercise of its functions.

(2) It does not matter that any or all of the members of a committee are not members of the Council.

(3) The procedure for the calling of meetings of a committee and for the conduct of business at those meetings is to be as determined by the Council or (subject to any determination of the Council) by the committee.

Part 7 General

Part 7 General

78 Protection from liability

78 Protection from liability

A matter or thing done, or omitted to be done, by the Minister, the Commissioner, any member of staff of Fire and Rescue NSW, any member of a fire brigade, any member of a community fire unit or any person acting under the authority of the Commissioner does not, if the matter or thing was done, or omitted to be done, in good faith for the purposes of executing this or any other Act, subject such a person personally, or the Crown, to any action, liability, claim or demand.

s 78: Am 1994 No 36, Sch 1 (7); 2005 No 33, Sch 1 [5] [6]; 2014 No 33, Sch 3.6 [3].

78A

78A (Repealed)

79 Acquisition of land

79 Acquisition of land

Fire brigade premises are to be considered to be public works for the purposes of section 40 of the Public Works Act 1912 and the Minister is, despite that section, to be the constructing authority referred to in that section.

79A Automatic fire alarm network service arrangements

79A Automatic fire alarm network service arrangements

(1) The Commissioner may, on behalf of Fire and Rescue NSW, enter into, and do anything else in connection with, automatic fire alarm network service arrangements.

(2) Nothing in this section affects any other power that the Commissioner has to enter into contracts or do anything else.

(3) In this section, automatic fire alarm network service arrangement means an arrangement for the installation and maintenance of fire alarm links between fire brigade premises and other premises.

s 79A: Ins 1997 No 27, Sch 1 [18]. Am 2014 No 33, Sch 3.6 [3].

80

80 (Repealed)

81 Expenses incurred by agents and trustees

81 Expenses incurred by agents and trustees

(1) All expenditure necessarily or properly incurred and paid under this Act by an agent for an insurance company (within the meaning of Part 5) for or in respect of the company—

(a) may be deducted by the agent from any money held by the agent for the company, or

(b) may be recovered by the agent from the company as a debt in a court of competent jurisdiction.

(2) All expenditure necessarily or properly incurred and paid under this Act by an agent for a person in respect of any houses, land or premises for which the agent is agent of the person—

(a) may be deducted by the agent from any money held by the agent for the person, or

(b) may be recovered by the agent from the person as a debt in a court of competent jurisdiction.

(3) A trustee of any house, land or premises may apply any of the funds under the trustee’s control in defraying any charges necessarily or properly incurred by the trustee under this Act in respect of the house, land or premises.

82 Recovery of charges

82 Recovery of charges

(1) Any charges payable under this Act to the Commissioner may be recovered by the Commissioner in a court of competent jurisdiction as a debt due to the Crown.

(2) In any proceedings to recover such a charge, a certificate signed by the Commissioner to the effect that a specified amount is payable by the defendant to the Commissioner is evidence of the matter certified.

83 Delegation

83 Delegation

(1) The Commissioner may delegate to an authorised person any of the Commissioner’s functions under this or any other Act or the regulations, other than this power of delegation.

(2) A delegate may sub-delegate to an authorised person any function delegated by the Commissioner if the delegate is authorised in writing to do so by the Commissioner.

(3) In this section—

authorised person means—

(a) (Repealed)

(b) a member of staff of Fire and Rescue NSW, or

(c) a member of a fire brigade.

s 83: Am 1994 No 36, Sch 1 (10); 1997 No 27, Sch 1 [19]; 2009 No 74, Sch 2.1; 2014 No 33, Sch 3.6 [3].

84 Proceedings for offences

84 Proceedings for offences

Proceedings for an offence against this Act or the regulations are to be dealt with summarily before the Local Court.

s 84: Am 2007 No 94, Sch 4.

85 Regulations

85 Regulations

(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) In particular, the regulations may make provision for or with respect to the following—

(a) enabling the Commissioner and the fire brigades to exercise the functions conferred on them by this Act or the regulations,

(b) prescribing generally the duties of members of fire brigades,

(c) the maintenance of the efficiency, discipline, and good conduct of members of fire brigades,

(d) the formation of retained fire brigades, and the regulation and inspection of fire brigades and their premises and equipment,

(e) prohibiting or regulating the lighting of fires where it would be likely to be dangerous to buildings,

(f) prescribing the forms of notices and other documents to be used in carrying out this Act and the regulations,

(g) prescribing for various classes of buildings the means to be provided to enable occupants to escape from the building in case of fire, and the inspection and maintenance of those means of escape,

(h) prescribing for any building used for a purpose which in the opinion of the Commissioner is of a hazardous nature or for any building the construction or use of which is, in the opinion of the Commissioner, likely to allow the rapid spread of fire, the installation of fire alarms, sprinklers, and other devices or appliances approved by the Commissioner designed to prevent or retard the spread of fire, and for the inspection and maintenance of those alarms, sprinklers, appliances, and devices,

(i) prohibiting or regulating the storage of flammable matter in, on or under any part of a building,

(j) prohibiting or regulating the storage of flammable matter in light areas or in close proximity to any building in any local government area to which this Act applies,

(k) regulating the deposit of flammable matter in yards or on vacant blocks of land in any local government area to which this Act applies,

(l) regulating the burning off of waste flammable matter in any local government area to which this Act applies.

(3) A regulation may create an offence punishable by a penalty not exceeding 10 penalty units and, in the case of a continuing offence, by a penalty not exceeding 1 penalty unit for each day the offence continues.

s 85: Am 1994 No 36, Sch 1 (11); 2018 No 59, Sch 3 [7].

86 Repeals and amendments

86 Repeals and amendments

(1) The following Acts are repealed—

Fire Brigades Act 1909 No 9

Fire Brigades (Amendment) Act 1941 No 23

Fire Brigades (Amendment) Act 1988 No 54.

(2) (Repealed)

s 86: Am 1999 No 85, Sch 4.

87 Savings and transitional provisions

87 Savings and transitional provisions

Schedule 4 has effect.

Schedule 1

Schedule 1 (Repealed)

sch 1: Am GG No 110 of 26.7.1991, p 6196; 2009 No 84, Sch 1.1 [2]. Rep 2017 No 9, Sch 4.2 [18].

Schedule 2 Provisions relating to members and procedure of Council

Schedule 2 Provisions relating to members and procedure of Council

(Section 75)

sch 2: Am 1994 No 36, Sch 2 (2); 1999 No 94, sec 7 (2) and Sch 5, Part 2; 2005 No 64, Sch 2.15 [2] [3]; 2009 No 49, Sch 2.26; 2014 No 33, Sch 3.6 [8] [9].

7 Effect of certain other Acts

7 Effect of certain other Acts

(1) The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to an appointed member.

(2) If by or under any Act provision is made—

(a) requiring a person who is the holder of a specified office to devote the whole of his or her time to the duties of that office, or

(b) prohibiting the person from engaging in employment outside the duties of that office,

the provision does not operate to disqualify the person from holding that office and also the office of an appointed member or from accepting and retaining any remuneration payable to the person under this Act as an appointed member.

(3) The office of a member is not, for the purposes of any Act, an office or place of profit under the Crown.

Schedule 3

Schedule 3 (Repealed)

sch 3: Rep 1999 No 85, Sch 4.

Schedule 4 Savings and transitional provisions

Schedule 4 Savings and transitional provisions

(Section 87)

sch 4: Am 1993 No 99, Sch 1 (8); 1993 No 110, Sch 1 (27); 1994 No 36, Sch 2 (3); 1995 No 6, Sch 1 (20) (21); 2005 No 33, Sch 1 [7] [8]; 2008 No 122, Sch 6.1 [11]; 2009 No 84, Sch 1.1 [3]; 2011 No 27, Sch 1.5 [4]; 2012 No 103, Sch 1 [3]; 2017 No 9, Sch 4.2 [19].

Part 8 Provisions relating to the Fire Brigades Amendment (Community Fire Units) Act 2005

Part 8 Provisions relating to the Fire Brigades Amendment (Community Fire Units) Act 2005

Part 9 Provision relating to the Statute Law (Miscellaneous Provisions) Act 2011

Part 9 Provision relating to the Statute Law (Miscellaneous Provisions) Act 2011

Part 10 Provisions relating to the Fire and Emergency Services Levy Act 2017

Part 10 Provisions relating to the Fire and Emergency Services Levy Act 2017