Part I
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Tasmania act
This Act creates and governs the Tasmania Fire Service and State Fire Commission, sets who runs them (Commission, Chief Officer, Minister) and how they manage fire prevention, permits, bans, brigade operations and charging. It sets duties on owners/occupiers to report and extinguish fires, allows the Commission to requisition resources and impose penalties, and establishes funding streams from insurers, the Treasurer and local councils (s77A, s77C, s77L). The law changes behaviour by restricting open fires, requiring permits/notifications, enabling charges for attendance/false alarms, and giving the Commission discretion to waive or enforce fees.
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Direct links to the current provisions in Fire Service Act 1979.
This Act may be cited as the Fire Service Act 1979 .
(1) This section and section 1 shall commence on the date of assent to this Act.
(2) Except as provided in subsections (1) , (3) , and (4) , this Act shall commence on a date to be fixed by proclamation.
(3) Sections 79 , 80 , and 81 shall commence on a date to be fixed by proclamation, being a day that is the same as, or that is subsequent to, the date fixed under subsection (2) .
(4) [Section 2 Subsection (4) amended by No. 71 of 1979, s. 4 ]**[Section 2 Subsection (4) amended by No. 12 of 1981, s. 34 and Sched. 1 ] Division 3 of Part VI ( sections 79 , 80 , and 81 excepted), Division 4 of that Part, and section 104 shall commence on 1st July 1980.
[Section 3 Subsection (1) amended by No. 73 of 1981, s. 4 ][Section 3 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 3 Subsection (1) amended by No. 34 of 1984, s. 4 ][Section 3 Subsection (1) amended by No. 51 of 1985, s. 4 and Sched. 2, Pt. II ][Section 3 Subsection (1) amended by No. 3 of 1990, s. 4 ][Section 3 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 3 Subsection (1) amended by No. 42 of 1991, s. 128 ][Section 3 Subsection (1) amended by No. 25 of 1994, s. 45 and Sched. 3 ][Section 3 Subsection (1) amended by No. 29 of 1995, s. 4 ]
(1) *[Section 3 Subsection (1) amended by No. 12 of 1981, s. 4 and s. 34 and Sched. 1 ]*In this Act, unless the contrary intention appears –[Section 3 Subsection (1) amended by No. 37 of 2001, s. 4, Applied:01 Jul 2001]
[Section 3 Subsection (1) amended by No. 57 of 2007, s. 4, Applied:13 Dec 2007] approved form means a form approved or provided by the Commission;
brigade means a fire brigade established and maintained under this Act;
brigade chief means a person appointed as brigade chief under section 26 ;
Chief Officer means the person appointed as Chief Officer under section 10 ;
civil emergency includes –
(a) the escape or potential escape of a non-flammable gas, chemical or other potentially hazardous substance; and
(b) the flooding of a building or public place; and
(c) the stranding or entrapment of a person or an animal; and
(d) such other dangerous or potentially dangerous circumstances as may be prescribed;
Commission means the State Fire Commission established under section 7 ;
Committee means a Fire Management Area Committee established under section 18 in respect of a Fire Management Area;
composite brigade means a brigade consisting of permanent and volunteer members;
[Section 3 Subsection (1) amended by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000]
Council means the State Fire Management Council established under section 14 ;
[Section 3 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] employee means a person who is appointed pursuant to section 24 ;
equipment includes appliances, engines, vehicles, reels, buckets, hoses, ladders, escapes, tanks, tools, radio equipment, and other implements and things used for or in connection with the extinguishing or control of fire or the protection of life or property in the event of a fire occurring;
fire-fighter means a member of a brigade who is not of officer rank;
fire-fighting operation includes any act that is necessary or expedient for the purpose of –
(a) extinguishing a fire; or
(b) preventing the outbreak or spread of a fire; or
(c) protecting people or property from fire; or
(d) preventing or dealing with the spillage of petrol or other flammable liquids; or
(e) preventing or dealing with the escape of flammable gases; or
(f) rendering assistance in a civil emergency; or
(g) providing logistical support to persons who are performing an act of the kind referred to in paragraph (a) , (b) , (c) , (d) , (e) or (f) ; or
(h) carrying out fire safety or fire prevention activities; or
(i) carrying out training activities;
[Section 3 Subsection (1) amended by No. 33 of 2012, s. 4, Applied:30 Apr 2013] fire management means a strategic defined program to manage bushfire fuels;
[Section 3 Subsection (1) amended by No. 33 of 2012, s. 4, Applied:30 Apr 2013] Fire Management Area means a Fire Management Area declared under section 17 ;
fire officer means a member of the Fire Service, other than a group officer or brigade chief, who holds officer rank;
fire permit officer means a person appointed and holding office as a fire permit officer under section 65 ;
fire permit period means a period declared to be a fire permit period under section 61 ;
fire protected area means an area declared to be a fire protected area under section 53 ;
Fire Service means the Tasmania Fire Service established under this Act;
[Section 3 Subsection (1) amended by No. 30 of 1999, s. 15, Applied:01 Jan 2000] [Section 3 Subsection (1) amended by No. 50 of 2013, Sched. 1, Applied:11 Dec 2013]
[Section 3 Subsection (1) amended by No. 50 of 2013, Sched. 1, Applied:11 Dec 2013] forest officer means an employee of the Forestry corporation continued by section 6 of the Forest Management Act 2013 ;
[Section 3 Subsection (1) amended by No. 50 of 2013, Sched. 1, Applied:11 Dec 2013] Forestry corporation means the Forestry corporation continued by section 6 of the Forest Management Act 2013 ;
functions includes duties and responsibilities;
[Section 3 Subsection (1) amended by No. 21 of 2000, s. 8, Applied:01 Jul 2000] goods and services tax means the GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;
group officer means a person appointed as group officer of a group of brigades under section 33 ;
group of brigades means a group of brigades formed under section 33 ;
[Section 3 Subsection (1) amended by No. 37 of 2001, s. 4, Applied:01 Jul 2001] industry brigade means a fire brigade, other than a brigade established and maintained under this Act, formed for the purpose of fighting fires;
local council means a council within the meaning of the Local Government Act 1993 ;
member, in relation to a brigade, means a person holding any position in the brigade, whether as group officer, brigade chief, fire officer or fire-fighter and whether as a permanent or volunteer member or in a full-time or part-time capacity;
member of the Fire Service means –
(a) [Section 3 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] an employee who is a member of a brigade; or
(b) [Section 3 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] an employee who is not a member of a brigade; or
(c) a volunteer member;
municipal area means a municipal area within the meaning of the Local Government Act 1993 ;
occupier includes a person having the care, control, or management of any land or premises;
officer or officer of the Fire Service means a group officer, brigade chief or fire officer;
operational district means a district determined under section 27 ;
owner, in relation to any land or premises, means the person for the time being in the actual receipt of, or entitled to receive, or who, if the land or premises were let to a tenant, would be entitled to receive, the rents and profits of the land or premises, whether as beneficial owner, trustee, executor, mortgagee in possession, or otherwise, and includes any person constituted by any Act, or appointed by the Governor under the authority of any Act, to administer or control any business or undertaking on behalf of the State, but does not include a mesne tenant;
permanent brigade means a brigade consisting mainly of permanent members;
[Section 3 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001]
[Section 3 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] permanent member means a member of a brigade who is an employee appointed pursuant to section 24 ;
potential fire means a situation which could produce an outbreak of fire or which indicates that an outbreak of fire is possible;
powers includes authorities;
premises includes structures;
property means land or personal property, and includes trees, crops, or vegetation growing or standing on any land;
regulations means regulations made under this Act (other than regulations made under section 133 );
ship includes any description of vessel used, or capable of being used, in navigation, however propelled, and whether in the course of construction or completed;
[Section 3 Subsection (1) amended by No. 33 of 2012, s. 4, Applied:30 Apr 2013]
State forest means a State forest within the meaning of the Forestry Act 1920 ;
[Section 3 Subsection (1) amended by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000]
structure includes any building, erection, or other associated work;
vegetation includes trees, bushes, plants, and undergrowth of any kind (whether alive or dead) and any parts of any trees, bushes, plants, or undergrowth (whether severed from the trees, bushes, plants, or undergrowth or not), but does not include trees of such species or sizes as may be prescribed;
[Section 3 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] volunteer means a person who is not a permanent member;
volunteer brigade means a brigade consisting of volunteer members;
[Section 3 Subsection (1) amended by No. 33 of 2012, s. 4, Applied:30 Apr 2013] volunteer member means a member of a brigade who is a volunteer;
[Section 3 Subsection (1) amended by No. 33 of 2012, s. 4, Applied:30 Apr 2013] Wellington Park has the same meaning as in the Wellington Park Act 1993 ;
[Section 3 Subsection (1) amended by No. 33 of 2012, s. 4, Applied:30 Apr 2013] Wellington Park Management Trust means the Wellington Park Management Trust established under section 9 of the Wellington Park Act 1993 .
(2) In relation to any land owned or occupied by the Crown, owner or occupier means such officer as may be prescribed.
(3) A reference in this Act to a fire not being subject to or being excluded from the ban is, in relation to a day of total fire ban, a reference to a fire specified in the declaration declaring that day to be a day of total fire ban as not being subject to the ban.
Except as otherwise expressly provided in this Act, the provisions of this Act relating to restrictions on the lighting of fires do not apply to or in relation to –
(a) the lighting of a fire in a properly constructed fireplace in an enclosed building;
(b) the igniting of any prescribed class of domestic appliance in an enclosed building; or
(c) any other prescribed class of fire or any fire lit for a prescribed purpose.
This Act binds the Crown.
*[Section 6 Amended by No. 29 of 1995, s. 5 ]*There is established by this Act a fire service to be called the "Tasmania Fire Service" which shall be under the control of the Commission.
(1) There is established by this Act a corporation with the corporate name of "State Fire Commission".
(2) The Commission –
(a) has perpetual succession;
(b) shall have an official seal;
(c) may take proceedings, and be proceeded against, in its corporate name;
(d) may, subject to this Act, acquire, hold, and dispose of real and personal property;
(e) may do and suffer all other things that corporations may, by law, do and suffer and that are necessary for or incidental to the purposes for which it is constituted; and
(f) has the functions imposed, and the powers conferred, on it by or under this or any other Act.
(3) *[Section 7 Subsection (3) substituted by No. 29 of 1995, s. 6 ]**[Section 7 Subsection (3) amended by S.R. 1996 No. 127 ]*The Commission consists of –
(a) the Chief Officer; and
(ab) [Section 7 Subsection (3) amended by No. 3 of 2017, s. 4, Applied:31 Mar 2017] a chairperson appointed in accordance with section 7A ; and
(b) a person nominated by the United Firefighters Union (Tasmanian Branch); and
(c) a person nominated by the Tasmanian Retained Firefighters Association; and
(d) a person nominated by the Tasmanian Volunteer Fire Brigades Association; and
(e) [Section 7 Subsection (3) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] a person nominated by the Secretary of the responsible Department in relation to the Financial Management Act 2016 ; and
(f) 2 persons nominated by the Local Government Association of Tasmania.
(4) [Section 7 Subsection (4) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] [Section 7 Subsection (4) substituted by No. 29 of 1995, s. 6 ] Subsection (3) (e) does not preclude the Secretary of the responsible Department in relation to the Financial Management Act 2016 from nominating himself or herself as a member of the Commission.
(5) [Section 7 Subsection (5) substituted by No. 29 of 1995, s. 6 ][Section 7 Subsection (5) omitted by No. 3 of 2017, s. 4, Applied:31 Mar 2017] . . . . . . . .
(6) *[Section 7 Subsection (6) substituted by No. 29 of 1995, s. 6 ]*The members of the Commission referred to in paragraphs (b) , (c) , (d) , (e) and (f) of subsection (3) are appointed by the Governor.
(6A) *[Section 7 Subsection (6A) substituted by No. 29 of 1995, s. 6 ]*The Minister may require a body referred to in paragraph (b) , (c) , (d) or (f) of subsection (3) to submit a list of names within a specified period, being a period of not less than 30 days.
(6B) *[Section 7 Subsection (6B) substituted by No. 29 of 1995, s. 6 ]*If a body referred to in paragraph (b) , (c) , (d) or (f) of subsection (3) fails to comply with subsection (6A) , the Minister may nominate a person for the purposes of that paragraph.
(6C) *[Section 7 Subsection (6C) inserted by No. 29 of 1995, s. 6 ]*If a body referred to in paragraph (b) , (c) , (d) or (f) of subsection (3) changes its name, the Governor may, by order, amend that paragraph by substituting the body's new name.
(6D) *[Section 7 Subsection (6D) inserted by No. 29 of 1995, s. 6 ]*If a body referred to in paragraph (b) , (c) , (d) or (f) of subsection (3) ceases to exist, the Governor, on the recommendation of the Commission, may, by order, amend that paragraph by substituting the name of a body which the Governor is satisfied substantially represents the interests represented by the first-mentioned body.
(7) Schedule 1 has effect with respect to the membership and meetings of the Commission.
[Section 7A Inserted by No. 3 of 2017, s. 5, Applied:31 Mar 2017]
(1) The Governor, on the recommendation of the Minister, is to appoint a person as chairperson of the Commission.
(2) The chairperson is to be a person who the Minister considers will carry out the duties of chairperson in an independent and fair manner.
(3) The chairperson holds office for the term, and on the conditions, specified in his or her instrument of appointment.
(1) *[Section 8 Subsection (1) amended by No. 29 of 1995, s. 7 ]*Subject to any directions given to it by the Minister pursuant to section 11 , the functions of the Commission are –
(a) to formulate the policy in respect of the administration and operation of the Fire Service;
(b) to co-ordinate and direct the development of all fire services throughout the State;
(c) to develop effective fire prevention and protection measures throughout the State;
(d) to develop and promulgate a State fire protection plan;
(e) to standardize, as far as is practicable, fire brigade equipment throughout the State;
(f) to establish and maintain training facilities for brigades;
(g) to conduct such investigations into fires as it considers necessary, and to prepare reports and recommendations to the Minister arising from those investigations;
(h) to conduct such investigations into the use of fire as it considers necessary, to instruct the public in the wise use of fire, and to disseminate information regarding fire protection measures and other related matters;
(i) to advise the Minister on such matters relating to the administration of this Act as may be referred to it by the Minister, and on matters that, in the opinion of the Commission, should be brought to the attention of the Minister; and
(j) to exercise such other functions vested in or imposed on it by this Act or such other functions relating to the preventing or extinguishing of fires as may be imposed on it by the Minister from time to time.
(1A) [Section 8 Subsection (1A) inserted by No. 60 of 1986, s. 4 ][Section 8 Subsection (1A) omitted by No. 33 of 2012, s. 5, Applied:30 Apr 2013] . . . . . . . .
(2) [Section 8 Subsection (2) omitted by No. 33 of 2012, s. 5, Applied:30 Apr 2013] . . . . . . . .
(3) [Section 8 Subsection (3) omitted by No. 33 of 2012, s. 5, Applied:30 Apr 2013] . . . . . . . .
(4) [Section 8 Subsection (4) omitted by No. 29 of 1995, s. 7 ]. . . . . . . .
(5) *[Section 8 Subsection (5) amended by No. 24 of 1993, s. 3 and Sched. 1 ]*Any land proposed to be acquired by the Commission under the authority of section 7 (2) may, with the consent of the Governor, be taken in accordance with the provisions of the Land Acquisition Act 1993 and the purpose for which the land is so taken shall be deemed to be an authorized purpose within the meaning of that Act.
(6) [Section 8 Subsection (6) amended by No. 33 of 2012, s. 5, Applied:30 Apr 2013] *[Section 8 Subsection (6) inserted by No. 59 of 1993, s. 81 ]*The Commission is to perform its functions in respect of Wellington Park in a manner that is consistent with the purposes for which Wellington Park is set aside under the Wellington Park Act 1993 and with any management plan in force in respect of Wellington Park.
(7) [Section 8 Subsection (7) inserted by No. 33 of 2012, s. 5, Applied:30 Apr 2013] The Commission is to perform its functions in respect of any reserved land, as defined in the Nature Conservation Act 2002 , in a manner that is consistent with the purposes for which the reserved land is set aside under the National Parks and Reserves Management Act 2002 and with any management plan in force in respect of the reserved land.
[Section 8A Inserted by No. 2 of 1990, s. 4 ]
(1) The Commission may fix scales of charges for any services provided by the Commission or a brigade under or for the purposes of this Act.
(2) Subsection (1) does not apply in relation to services provided by a brigade at a fire.
(3) Where it appears to the Commission that the collection of a charge that has been imposed under this section would cause undue hardship on, or would be unjust or unfair to, the person on whom it is imposed, the Commission may waive the whole or any part of the charge.
(4) A charge imposed under this section is payable to the Commission.
*[Section 9 Substituted by No. 29 of 1995, s. 8 ]*The Commission, by resolution, may delegate to the Chief Officer any of its functions or powers other than this power of delegation.
(1) [Section 10 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 10 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] *[Section 10 Subsection (1) substituted by No. 5 of 1990, s. 3 and Sched. 1 ]**[Section 10 Subsection (1) amended by No. 29 of 1995, s. 9 ]*The Governor may appoint a State Service officer or State Service employee to be Chief Officer, and that person shall hold that office in conjunction with State Service employment.
(1A) *[Section 10 Subsection (1A) inserted by No. 29 of 1995, s. 9 ]*The person appointed as Chief Officer is to be a person who appears to the Governor to have expertise and experience in fire service administration and in the management of fire-fighting operations.
(2) *[Section 10 Subsection (2) substituted by No. 29 of 1995, s. 9 ]*The Chief Officer is the chief executive officer of the Fire Service and as such is responsible for –
(a) the control and management of the fire-fighting resources of the Fire Service; and
(b) the training of officers and fire-fighters; and
(c) the inspection of brigades, equipment and facilities.
(3) *[Section 10 Subsection (3) inserted by No. 29 of 1995, s. 9 ]*The Chief Officer must perform such other functions as are imposed on the Chief Officer by this or any other Act or as may from time to time be imposed on the Chief Officer by the Commission.
(4) *[Section 10 Subsection (4) inserted by No. 29 of 1995, s. 9 ]*The Chief Officer may do all things necessary or convenient to be done for or in connection with, or incidental to, the performance of the Chief Officer's functions.
[Section 10A Repealed by No. 5 of 1990, s. 3 and Sched. 1 ]
(1) *[Section 11 Subsection (1) substituted by No. 29 of 1995, s. 10 ]*The Minister may give written directions to the Commission regarding the performance and exercise of its functions and powers under this Act and the Commission must comply with any such directions.
(2) *[Section 11 Subsection (2) added by No. 71 of 1979, s. 5 ]*The fact that the Minister has power to give directions to the Commission under this section or gives such directions does not have the effect of –
(a) making the Commission the servant or agent of the Crown for the purposes of this or any other Act; or
(b) conferring on the Commission any status, privilege, or immunity of the Crown.
[Section 12 Repealed by No. 29 of 1995, s. 11 ]
[Section 13 Repealed by No. 29 of 1995, s. 11 ]
[Section 14 Substituted by No. 29 of 1995, s. 12 ]
(1) A State Fire Management Council is established.
(2) The Council consists of –
(a) a person nominated by the Minister; and
(b) the Chief Officer; and
(c) the person for the time being holding, in the Fire Service, an office or position determined by the Chief Officer; and
(d) the chief executive officer of the Forestry corporation; and
(e) a person nominated by the chief executive officer of the Forestry corporation; and
(f) the Director of National Parks and Wildlife; and
(g) a person nominated by the Director of National Parks and Wildlife; and
(h) a person nominated by the Tasmanian Farmers' and Graziers' Association; and
(i) [Section 14 Subsection (2) amended by S.R. 2021, No. 103, Applied:08 Dec 2021] a person nominated by the Tasmanian Forest Products Association; and
(j) a person nominated by the Local Government Association of Tasmania.
(3) The member of the Council referred to in subsection (2) (a) is chairperson of the Council.
(4) The members of the Council referred to in paragraphs (a) , (e) , (g) , (h) , (i) and (j) of subsection (2) are appointed by the Governor.
(5) The Minister may require a body referred to in paragraph (h) , (i) or (j) of subsection (2) to submit a list of names within a specified period, being a period of not less than 30 days.
(6) If a body referred to in paragraph (h) , (i) or (j) of subsection (2) fails to comply with subsection (5) , the Minister may nominate a person for the purposes of that paragraph.
(7) If a body referred to in paragraph (h) , (i) or (j) of subsection (2) changes its name, the Governor may, by order, amend that paragraph by substituting the body's new name.
(8) If a body referred to in paragraph (h) , (i) or (j) of subsection (2) ceases to exist, the Governor may, by order, amend that paragraph by substituting the name of a body which the Governor is satisfied substantially represents the interests represented by the first-mentioned body.
(9) Schedule 5 has effect with respect to the membership and meetings of the Council.
[Section 15 Substituted by No. 29 of 1995, s. 12 ][Section 15 Substituted by No. 33 of 2012, s. 6, Applied:30 Apr 2013]
(1) The Council has the following functions:
(a) to develop a State vegetation fire management policy to be used as the basis for all fire management planning;
(b) to advise and report regularly to the Minister on such matters relating to the administration of this Act, as it applies to vegetation fire management, as are referred to it by the Minister and on such matters concerning vegetation fire management as, in the opinion of the Council, should be brought to the attention of the Minister;
(c) to advise the Commission on such matters relating to the prevention and mitigation of vegetation fires as are referred to it by the Commission or land managers and on such other matters as, in the opinion of the Council, should be brought to the attention of the Commission;
(d) to perform such other functions relating to the prevention or mitigation of vegetation fires as the Minister may direct;
(e) to provide an annual report to the Minister on its activities, for inclusion in the annual report of the Commission prepared under section 107G ;
(f) to provide an annual report to the Commission on the activities of the Fire Management Area Committees, for inclusion in the annual report of the Commission prepared under section 107G .
(2) The Council is to consider each fire protection plan submitted to it under section 20(1)(c) and may –
(a) approve the plan as submitted; or
(b) approve the plan subject to such modifications as it thinks fit; or
(c) reject the plan and instruct the Committee to recast the plan.
(3) The Council is to perform its functions in respect of Wellington Park in a manner that is consistent with the purposes for which Wellington Park is set aside under the Wellington Park Act 1993 and with any management plan in force in respect of Wellington Park.
(4) The Council is to perform its functions in respect of any reserved land, as defined in the Nature Conservation Act 2002 , in a manner that is consistent with the purposes for which the reserved land is set aside under the National Parks and Reserves Management Act 2002 and with any management plan in force in respect of the reserved land.
[Section 16 Amended by No. 31 of 1985, sched. 1 ] [Section 16 Amended by No. 46 of 1991, sched. 2 ] [Section 16 Repealed by No. 29 of 1995, s. 13 ]
[Section 17 Amended by No. 12 of 1981, s. 6 ][Section 17 Amended by No. 46 of 1991, sched. 2 ][Section 17 Substituted by No. 29 of 1995, s. 14 ]
(1) [Section 17 Subsection (1) substituted by No. 33 of 2012, s. 7, Applied:30 Apr 2013] The Council, by notice published in the Gazette, may declare any area of the State to be a Fire Management Area.
(2) [Section 17 Subsection (2) substituted by No. 33 of 2012, s. 7, Applied:30 Apr 2013] The Council, by the notice, may –
(a) assign a name to the Fire Management Area; and
(b) publish a map of the Fire Management Area.
(3) The boundaries of Fire Management Areas need not coincide with the boundaries of municipal areas.
(4) A notice under subsection (1) is not a statutory rule within the meaning of the Rules Publication Act 1953 .
[Section 18 Amended by No. 12 of 1981, s. 7 ]**[Section 18 Substituted by No. 29 of 1995, s. 14 ]
(1) [Section 18 Subsection (1) amended by No. 33 of 2012, s. 8, Applied:30 Apr 2013] The Council must establish a committee, called a Fire Management Area Committee, in respect of each Fire Management Area to be responsible for providing effective fire management in that area.
(2) A Committee is to consist of –
(a) the Chief Officer or an officer of the Fire Service nominated by the Chief Officer; and
(b) [Section 18 Subsection (2) amended by No. 33 of 2012, s. 8, Applied:30 Apr 2013] a representative of each local council whose municipal area lies wholly or partly within the Fire Management Area or a person jointly nominated by those local councils; and
(c) if the Fire Management Area contains or is adjacent to State forest – a person nominated by the chief executive officer of the Forestry corporation; and
(d) [Section 18 Subsection (2) amended by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000] [Section 18 Subsection (2) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] [Section 18 Subsection (2) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] if the Fire Management Area contains or is adjacent to any reserved land within the meaning of the Nature Conservation Act 2002 – a person nominated by the Secretary of the responsible Department in relation to the National Parks and Reserves Management Act 2002 ; and
(e) [Section 18 Subsection (2) amended by No. 33 of 2012, s. 8, Applied:30 Apr 2013] if the Fire Management Area includes any part of Wellington Park – a person nominated by the Wellington Park Management Trust; and
(f) [Section 18 Subsection (2) amended by No. 33 of 2012, s. 8, Applied:30 Apr 2013] a person jointly nominated by the brigade chiefs of the brigades wholly or partly within the Fire Management Area.
(3) [Section 18 Subsection (3) amended by No. 33 of 2012, s. 8, Applied:30 Apr 2013] The Council may appoint additional members to a Committee on the recommendation of that Committee.
(4) [Section 18 Subsection (4) amended by No. 33 of 2012, s. 8, Applied:30 Apr 2013] A member elected by the members and approved by the Council is chairperson.
(5) A Committee is to meet at least twice a year.
(6) A meeting of a Committee may be convened by the chairperson or by any 2 members.
(7) [Section 18 Subsection (7) amended by No. 33 of 2012, s. 8, Applied:30 Apr 2013] The Council may direct a Committee to meet at a particular place and the Committee must comply with that direction.
(8) A Committee must keep accurate minutes of its meetings.
(9) Except as provided in this section, a Committee may regulate its own procedure.
[Section 19 Amended by No. 71 of 1979, sched. 1 ] [Section 19 Amended by No. 12 of 1981, s. 8 ] [Section 19 Repealed by No. 29 of 1995, s. 15 ]
[Section 20 Substituted by No. 29 of 1995, s. 16 ][Section 20 Substituted by No. 33 of 2012, s. 9, Applied:30 Apr 2013]
(1) A Committee has the following functions:
(a) to co-ordinate fire management activities within its Fire Management Area, including –
(i) community education and information; and
(ii) fuel management;
(b) to identify and assess community bushfire risks in its Fire Management Area and to prioritise strategic works in response to those risks;
(c) to submit to the Council, on or before 30 September of each year, a fire protection plan for its Fire Management Area for the next 12 months commencing on 1 October;
(d) to ensure that its fire protection plan is consistent with –
(i) the State fire protection plan developed pursuant to section 8(1)(d) ; and
(ii) the State vegetation fire management policy developed pursuant to section 15(1)(a) ; and
(iii) such instructions or guidelines as the Council may from time to time issue to the Committee regarding the fire protection plan;
(e) to advise the Council on such matters relating to fire management and the Committee's other functions as the Council may refer to the Committee;
(f) to advise the Council on such matters concerning fire management as, in the opinion of the Committee, should be brought to the Council's attention;
(g) to perform such other functions relating to the prevention or mitigation of vegetation fires as the Council may direct.
(2) A Committee has power to do all things necessary or convenient to be done in connection with the performance of its functions.
(3) A Committee is to perform its functions in respect of Wellington Park in a manner that is consistent with the purposes for which Wellington Park is set aside under the Wellington Park Act 1993 and with any management plan in force in respect of Wellington Park.
(4) A Committee is to perform its functions in respect of any reserved land, as defined in the Nature Conservation Act 2002 , in a manner that is consistent with the purposes for which the reserved land is set aside under the National Parks and Reserves Management Act 2002 and with any management plan in force in respect of the reserved land.
(5) In this section –
fire protection plan means a plan that describes the prevention, preparation, response and recovery arrangements for one or more hazards.
[Section 21 Repealed by No. 29 of 1995, s. 17 ]
(1) The Commission may give directions in writing to the Council in respect of the performance of the Council's functions in relation to the management of Fire Management Areas.
(2) The Council is to comply with directions given by the Commission under subsection (1) .
(3) The Council may give directions in writing to a Committee in respect of the performance of the Committee's functions in relation to the management of Fire Management Areas.
(4) The Committee is to comply with directions given by the Council under subsection (3) .
[Section 22 Repealed by No. 29 of 1995, s. 19 ]
[Section 23 Repealed by No. 29 of 1995, s. 19 ]
[Section 24 Subsection (6) amended by No. 46 of 1991, s. 4 and Sched. 2 ]**[Section 24 Subsection (6) amended by No. 29 of 1995, s. 20 ]
(1) [Section 24 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] *[Section 24 Subsection (1) substituted by No. 29 of 1984, s. 3 and Sched. 1 ]*Subject to and in accordance with the State Service Act 2000 , persons may be appointed or employed for the purposes of this Act.
(2) [Section 24 Subsection (2) omitted by No. 29 of 1984, s. 3 and Sched. 1 ]. . . . . . . .
(3) [Section 24 Subsection (3) omitted by No. 29 of 1984, s. 3 and Sched. 1 ]. . . . . . . .
(4) [Section 24 Subsection (4) omitted by No. 29 of 1984, s. 3 and Sched. 1 ]. . . . . . . .
(5) [Section 24 Subsection (5) omitted by No. 29 of 1984, s. 3 and Sched. 1 ]. . . . . . . .
(6) [Section 24 Subsection (6) amended by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] *[Section 24 Subsection (6) amended by No. 29 of 1984, s. 3 and Sched. 1 ]*A person appointed pursuant to this section who immediately before his appointment was a contributor to a prescribed superannuation scheme may, within one month after his appointment, elect to continue to contribute to that scheme.
(7) [Section 24 Subsection (7) omitted by No. 29 of 1984, s. 3 and Sched. 1 ]. . . . . . . .
(7A) [Section 24 Subsection (7A) omitted by No. 29 of 1984, s. 3 and Sched. 1 ]. . . . . . . .
(7B) [Section 24 Subsection (7B) omitted by No. 29 of 1984, s. 3 and Sched. 1 ]. . . . . . . .
(7C) [Section 24 Subsection (7C) omitted by No. 29 of 1984, s. 3 and Sched. 1 ]. . . . . . . .
(8) [Section 24 Subsection (8) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 24 Subsection (8) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] *[Section 24 Subsection (8) substituted by No. 29 of 1984, s. 3 and Sched. 1 ]*For the purposes of this Act, the Commission may make arrangements with the Head of a State Service Agency for such State Service officers and State Service employees employed in that Agency as may be considered necessary to be made available to the Commission to enable it to perform its functions under this Act and such officers and employees may, in conjunction with State Service employment, serve the Commission in any capacity.
(9) [Section 24 Subsection (9) omitted by No. 29 of 1984, s. 3 and Sched. 1 ]. . . . . . . .
(10) [Section 24 Subsection (10) omitted by No. 29 of 1995, s. 20 ]. . . . . . . .
(11) [Section 24 Subsection (11) omitted by No. 29 of 1995, s. 20 ]. . . . . . . .
[Section 24A Repealed by No. 29 of 1984, s. 3 and Sched. 1 ]
[Section 25 Repealed by No. 29 of 1995, s. 22 ]
[Section 26 Substituted by No. 29 of 1995, s. 23 ]
(1) The Commission may establish brigades.
(2) A brigade may be established as a –
(a) permanent brigade; or
(b) composite brigade; or
(c) volunteer brigade.
(3) If a permanent brigade is established –
(a) [Section 26 Subsection (3) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 26 Subsection (3) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] the Commission must appoint an employee as brigade chief of the brigade and appoint such employees as fire officers and fire-fighters of the brigade as the Commission considers necessary or expedient; and
(b) the Commission may appoint such volunteers as fire officers and fire-fighters of the brigade as the Commission considers necessary or expedient.
(4) If a composite brigade is established, the Commission must –
(a) [Section 26 Subsection (4) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] appoint an employee as brigade chief of the brigade; and
(b) [Section 26 Subsection (4) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] appoint such employees and volunteers as fire officers and fire-fighters of the brigade as the Commission considers necessary or expedient.
(5) If a volunteer brigade is established, the Commission must –
(a) appoint a volunteer as brigade chief of the brigade; and
(b) appoint such volunteers as fire officers and fire-fighters of the brigade as the Commission considers necessary or expedient.
(6) The Commission must not appoint a volunteer as an officer of a brigade unless that volunteer has been so nominated or elected by the other volunteers who are members of that brigade.
(7) A brigade and its members must carry out such functions as the Chief Officer from time to time directs.
(8) The Commission at any time may disband a brigade or amalgamate brigades.
[Section 27 Substituted by No. 29 of 1995, s. 23 ]
(1) When the Commission establishes a brigade it may determine which part of the State is to be the operational district within which that brigade is to operate.
(2) Before the Commission exercises its power under subsection (1) , it must consult with each Committee having responsibilities in respect of the proposed operational district.
(3) The Commission may publish notice and particulars of a determination under subsection (1) in the Gazette.
[Section 28 Repealed by No. 29 of 1995, s. 24 ]
(1) *[Section 29 Subsection (1) amended by No. 29 of 1995, s. 25 ]*The brigade chief of a brigade shall, subject to the directions of the Chief Officer, control, direct, and regulate the working of the brigade.
(2) *[Section 29 Subsection (2) amended by No. 29 of 1995, s. 25 ]*Subject to section 39 , the brigade chief of a brigade shall, on receipt of a call to a fire or potential fire, immediately after the first alarm, direct or cause members of his brigade to proceed with all possible speed to the place where the fire or potential fire is and take all necessary action to extinguish the fire or prevent an occurrence of fire and to save all property.
(3) *[Section 29 Subsection (3) amended by No. 29 of 1995, s. 25 ]*A brigade chief –
(a) may, either alone or with other persons under his command, enter and, if necessary, force open any outer or inner doors of any premises which are on fire or in the vicinity of a fire for the purpose of taking any action which he considers necessary for extinguishing, or for preventing the extension of, the fire, and may take, or give directions for taking, any equipment onto or over any land or premises which he considers convenient for the purpose;
(b) may take any measures which appear to him necessary or expedient for the protection of life and property, and may cause –
(i) any premises to be entered, taken possession of, or pulled down;
(ii) any ship to be entered, taken possession of, or sunk; or
(iii) any premises or ship to be otherwise damaged, destroyed, or removed –
for the purpose of extinguishing or preventing the spread of fire;
(c) may cause water to be shut off from any main or pipe in order to obtain a greater pressure and supply of water for the purpose of extinguishing any fire;
(d) may give such directions or take such other action as he considers necessary –
(i) for the closure of any street, road, lane, or other thoroughfare in the vicinity of a fire; and
(ii) for regulating the use by persons or vehicles of any street, road, lane, or other thoroughfare in the vicinity of a fire;
(e) may, at any time, pull down or shore up any wall or premises damaged by fire which may be, or may be likely to become, dangerous to life or property;
(f) [Section 29 Subsection (3) amended by No. 37 of 2001, Sched. 1, Applied:01 Jul 2001] shall have the control and direction of any industry fire brigade present at any fire, and of any persons who voluntarily place their services at his disposal;
(g) may remove or cause to be removed any person, vehicle, or thing whose presence at or in the vicinity of any fire in his opinion interferes with the operations of the brigade, and may take any measures which appear to him expedient for the protection of life and property;
(h) may cause the debris resulting from a fire and any premises or ship where a fire has occurred to be searched, and may remove and keep possession of anything which may prove the cause of a fire;
(i) may cause the supply of gas, electricity or other form of energy to any premises in the vicinity of a fire to be shut off or disconnected;
(j) may cause any vegetation or flammable materials in the vicinity of a fire to be removed or destroyed;
(k) may cause fire breaks to be made to prevent the outbreak or spread of fire;
(l) may cause the access to any place threatened or likely to be threatened by fire to be made or improved; and
(m) may exercise such other powers and perform such other functions as may be prescribed.
(4) *[Section 29 Subsection (4) amended by No. 12 of 1981, s. 11 ]**[Section 29 Subsection (4) amended by No. 29 of 1995, s. 25 ]*A brigade chief shall not exercise the powers conferred on him under –
(a) subsection (3) (d) where a police officer is present at the fire; or
(b) subsection (3) (h) where an investigation to ascertain whether a crime has been committed is being held by one or more police officers, without the approval of that officer or the most or more senior of those officers.
(5) *[Section 29 Subsection (5) amended by No. 29 of 1995, s. 25 ]*Every person supplying gas, electricity, or other form of energy to any premises which are on fire or any premises in the vicinity of any fire shall, on being directed by a brigade chief to do so, immediately send some competent person to shut off or disconnect the supply of the gas, electricity, or other form of energy to those premises.
(6) A person supplying gas, electricity, or other form of energy to any premises shall not be liable for any damage by reason of any interruption of the supply of the gas, electricity, or other form of energy resulting from the carrying out of any direction given under subsection (5) .
(7) *[Section 29 Subsection (7) amended by No. 29 of 1995, s. 25 ]*Where a fire or a potential fire occurs on or in any land or premises, and a brigade chief of a brigade in attendance at the fire is satisfied that, by reason of the nature of the fire or potential fire on or in the land or premises, it is necessary or desirable to do so for the purpose of preventing outbreaks of fire, or the entry of persons on areas of danger, or damage to, or interference with, any property or goods, the brigade chief may, when the fire has been extinguished, place in charge of the land or premises at, or in the vicinity of, the fire such members of the brigade or other persons as the brigade chief directs.
(8) *[Section 29 Subsection (8) amended by No. 29 of 1995, s. 25 ]*Where members of a brigade or any other persons have been placed in charge of any land or premises in accordance with subsection (7) , the brigade chief may give to those members or persons such directions as he considers necessary for the purpose of this section, and shall, as soon as practicable after giving the directions, provide those members or persons with a written authority specifying the time for which, and the conditions under which, they have been so placed in charge of the land or premises.
(9) *[Section 29 Subsection (9) amended by No. 29 of 1995, s. 25 ]*A member of a brigade or other person placed in charge of any land or premises in accordance with subsection (7) shall, while remaining in charge of the land or premises, give effect to all directions given to him in relation to the land or premises by the brigade chief.
(10) *[Section 29 Subsection (10) amended by No. 44 of 1990, s. 225 and Sched. 3 ]**[Section 29 Subsection (10) amended by No. 29 of 1995, s. 25 ]*The brigade chief of a brigade, in addition to the functions and powers imposed and conferred on him under subsections (1) , (2) , (3) , (7) , and (8) , shall –
(a) cause a register to be kept containing the names, ages, occupations, and places of residence of all members of the brigade;
(b) summon at least once a month all or as many members of the brigade as may be required for practice in order to render the members fit and efficient for service;
(c) have at all times the immediate charge and control of all equipment, premises, and other property of the Commission allocated to his brigade, and shall cause that equipment, those premises, and that property to be kept in a fit state at all times for efficient service;
(d) at all times have free access to any land, ship, or premises for the purpose of ascertaining and reporting to the Chief Officer on any infringement of the laws relating to the storage of hazardous materials or flammable liquid, or on any matters relating to the storage, in or on that land, ship, or premises, of any packages, sawdust, shavings, hay, or straw, or other flammable substance or matter;
(e) at all times have free access to any –
(i) [Section 29 Subsection (10) amended by No. 24 of 2004, s. 34, Applied:01 Jan 2005] premises specified in a licence granted under the Liquor Licensing Act 1990 ; or
(ia) [Section 29 Subsection (10) amended by No. 24 of 2004, s. 34, Applied:01 Jan 2005] premises set up for the purpose of providing overnight lodging facilities for tourists or travellers for a consideration; or
(ii) [Section 29 Subsection (10) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] place of assembly within the meaning of the Public Health Act 1997 ; or
(iii) place of public entertainment within the meaning of Division 8 of Part 5 of the Local Government (Building and Miscellaneous Provisions) Act 1993 –
and shall report to the Chief Officer any case where the provisions of this Act are not being observed in any of the premises specified in subparagraphs (i) , (ii) and (iii) , and may in respect of any of those provisions, exercise all the powers and authorities that are conferred on inspectors by or under any of the Acts specified in those subparagraphs;
(f) make such investigations and render such reports to the Chief Officer as the Chief Officer may require; and
(g) furnish a Committee with such advice, assistance, and information as the Committee requires to enable it to carry out its functions under this Act.
(11) *[Section 29 Subsection (11) substituted by No. 29 of 1995, s. 25 ]*The powers and functions of a brigade chief under this section may, on the brigade chief's instructions or in the case of the brigade chief's absence or incapacity, be exercised or performed by the most senior fire officer of the brigade or, in the absence of a fire officer, the most senior fire-fighter of the brigade.
(12) [Section 29 Subsection (12) amended by No. 52 of 2005, Sched. 1, Applied:01 Jul 2009] *[Section 29 Subsection (12) inserted by No. 18 of 1994, s. 4 ]**[Section 29 Subsection (12) amended by No. 29 of 1995, s. 25 ]*In relation to an emergency involving the escape of a dangerous substance or a situation that involves imminent danger of such an escape, a brigade chief has the same powers and functions as the brigade chief has under this section in relation to a fire or potential fire.
(13) [Section 29 Subsection (13) inserted by No. 18 of 1994, s. 4 ][Section 29 Subsection (13) substituted by No. 6 of 1998, s. 47, Applied:01 Jan 1999] [Section 29 Subsection (13) substituted by No. 52 of 2005, Sched. 1, Applied:01 Jul 2009] [Section 29 Subsection (13) substituted by No. 4 of 2012, Sched. 3, Applied:01 Jan 2013] In this section –
ASCC means the Australian Safety and Compensation Council, being the tripartite (government, employer and employee) body of that name that was established under the executive power of the Commonwealth to –
(a) lead and coordinate national efforts to improve occupational health and safety and workers compensation arrangements; and
(b) declare national standards and codes of practice in relation to occupational health and safety matters; and
(c) provide government with policy advice on those matters;
dangerous substance is a substance that –
(a) has the potential to cause harm to persons, property or the environment because of one or more of the following:
(i) the chemical properties of the substance;
(ii) the physical properties of the substance;
(iii) the biological properties of the substance; and
(b) is, but is not limited to, the following:
(i) a dangerous good, within the meaning of the Dangerous Goods (Road and Rail Transport) Act 2010 ;
(ii) a combustible liquid under the Australian Standard AS 1940 The Storage and Handling of Flammable and Combustible Liquids made by Standards Australia, as amended from time to time;
(iii) a substance that is, or is capable of being, classified as a hazardous substance according to the Approved Criteria for Classifying Hazardous Substances published by the ASCC;
(iv) an agricultural chemical product within the meaning of the Agvet Code of Tasmania;
(v) a veterinary chemical product within the meaning of the Agvet Code of Tasmania;
Standards Australia means Standards Australia International Ltd ACN 087 326 690.
[Section 30 Amended by No. 12 of 1981, s. 12 ] [Section 30 Substituted by No. 29 of 1984, sched. 1 ] [Section 30 Amended by No. 5 of 1990, sched. 1 ] [Section 30 Repealed by No. 29 of 1995, s. 26 ]
[Section 31 Repealed by No. 29 of 1995, s. 28 ]
[Section 32 Repealed by No. 29 of 1995, s. 28 ]
[Section 32A Inserted by No. 3 of 1990, s. 5 ] [Section 32A Repealed by No. 29 of 1995, s. 28 ]
(1) *[Section 33 Subsection (1) substituted by No. 34 of 1984, s. 6 ]**[Section 33 Subsection (1) substituted by No. 29 of 1995, s. 29 ]*For the purpose of preventing or extinguishing fires or dealing with civil emergencies, 2 or more brigades may combine to form a group of brigades.
(2) [Section 33 Subsection (2) amended by No. 57 of 2007, s. 5, Applied:13 Dec 2007] On being notified of the formation of a group of brigades, the Commission may approve or refuse to approve the formation of the group.
(2A) *[Section 33 Subsection (2A) inserted by No. 29 of 1995, s. 33 ]*If 2 or more brigades combine to form a group of brigades, the Commission may appoint a volunteer brigade chief as group officer of that group of brigades.
(3) The Commission may disband a group of brigades.
(4) [Section 33 Subsection (4) omitted by No. 29 of 1995, s. 33 ]. . . . . . . .
[Section 34 Substituted by No. 34 of 1984, s. 7 ] [Section 34 Repealed by No. 29 of 1995, s. 30 ]
*[Section 35 Amended by No. 71 of 1979, sched. 1 ]**[Section 35 Substituted by No. 29 of 1995, s. 31 ]*Where a group officer is controlling a fire-fighting operation or an operation in respect of a civil emergency, the powers and functions imposed by this Act on a brigade chief may be performed and exercised by the group officer.
[Section 36 Subsection (1) amended by No. 37 of 2001, Sched. 1, Applied:01 Jul 2001] [Section 36 Subsection (1) amended by No. 71 of 1979, s. 7 and Sched. 1 ] [Section 36 Subsection (1) amended by No. 12 of 1981, s. 34 and Sched. 1 ] [Section 36 Subsection (1) amended by No. 29 of 1995, s. 33 ] [Section 36 Subsection (2) amended by No. 37 of 2001, Sched. 1, Applied:01 Jul 2001] [Section 36 Subsection (2) amended by No. 29 of 1995, s. 33 ] [Section 36 Subsection (3) amended by No. 37 of 2001, Sched. 1, Applied:01 Jul 2001] [Section 36 Subsection (3) substituted by No. 29 of 1995, s. 33 ] [Section 36 Subsection (4) amended by No. 37 of 2001, Sched. 1, Applied:01 Jul 2001] [Section 36 Subsection (4) substituted by No. 29 of 1995, s. 33 ] [Section 36 Subsection (5) amended by No. 37 of 2001, Sched. 1, Applied:01 Jul 2001] [Section 36 Subsection (5) substituted by No. 29 of 1995, s. 33 ] [Section 36 Subsection (6) omitted by No. 60 of 1986, s. 5 ] [Section 36 Subsection (7) amended by No. 37 of 2001, Sched. 1, Applied:01 Jul 2001] [Section 36 Subsection (7) amended by No. 101 of 1993, sched. 1 ] [Section 36 Subsection (7) substituted by No. 29 of 1995, s. 33 ] [Section 36 Subsection (8) omitted by No. 60 of 1986, s. 5 ] [Section 36 Subsection (9) omitted by No. 60 of 1986, s. 5 ] [Section 36 Repealed by No. 57 of 2007, s. 6, Applied:13 Dec 2007]
*[Section 37 Amended by No. 101 of 1993, s. 4 and Sched. 1 ]*A person shall not, without the authority of the Commission, constitute or maintain –
(a) any salvage corps for the purpose of salvaging property at fires; or
(b) any fire brigade for the purpose of extinguishing fires, elsewhere than on the premises or land owned or occupied by that person or at which that person is employed.
Penalty: Fine not exceeding 26 penalty units.
[Section 38 Repealed by No. 29 of 1995, s. 34 ]
(1) *[Section 39 Subsection (1) amended by No. 29 of 1995, s. 35 ]*On receiving a call to attend a fire or potential fire which is out of the area of operation of a brigade, the brigade chief shall –
(a) cause that brigade to attend the fire or potential fire; or
(b) attempt to arrange for another brigade to attend that fire or potential fire.
(2) [Section 39 Subsection (2) omitted by No. 29 of 1995, s. 35 ]. . . . . . . .
(3) *[Section 39 Subsection (3) amended by No. 29 of 1995, s. 35 ]*The functions conferred on a brigade chief under subsection (1) shall, on his instructions or in the case of his absence or incapacity, be performed by the most senior fire officer of the brigade.
(4) [Section 39 Subsection (4) omitted by No. 29 of 1995, s. 35 ]. . . . . . . .
(1) *[Section 40 Subsection (1) substituted by No. 29 of 1995, s. 36 ]*A brigade chief, at the request of any person, may cause the brigade under his or her control to render assistance in respect of a civil emergency.
(2) *[Section 40 Subsection (2) amended by No. 29 of 1995, s. 36 ]*The power conferred on a brigade chief under subsection (1) shall, on his instructions or in the case of his absence or incapacity, be exercised by the most senior fire officer of the brigade.
(3) [Section 40 Subsection (3) amended by No. 28 of 2011, s. 18, Applied:31 Oct 2011] *[Section 40 Subsection (3) substituted by No. 29 of 1995, s. 36 ]**[Section 40 Subsection (3) amended by No. 42 of 1996, s. 3 and Sched. 1 ]*Where a brigade renders assistance pursuant to subsection (1) , any member of the brigade who participates in the rendering of that assistance is taken to be engaged in fire-fighting operations for the purposes of section 5 of the Workers Rehabilitation and Compensation Act 1988 and section 19 of the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 .
(4) [Section 40 Subsection (4) omitted by No. 29 of 1995, s. 36 ]. . . . . . . .
(1) *[Section 41 Subsection (1) amended by No. 29 of 1995, s. 37 ]*Subject to the directions, or with the approval, of the Chief Officer, a brigade chief may, if he thinks fit –
(a) employ any brigade under his command, or allow that brigade to be employed, in the performance of services other than fire-fighting, and use any equipment of the Commission, or allow any such equipment to be used, in the provision of those services; and
(b) hire out or lend to, or make available for the use of, any person, any equipment of the Commission.
(2) *[Section 41 Subsection (2) amended by No. 2 of 1990, s. 5 ]*The Commission may fix scales of charges in respect of the hiring out, lending, or making available of any equipment under that subsection.
(3) *[Section 41 Subsection (3) amended by No. 2 of 1990, s. 5 ]*Where any equipment is hired out, lent, or made available under subsection (1) , a charge determined in accordance with the scale of charges referred to in subsection (2) is payable to the Commission.
(4) Where it appears to the Commission that the collection of a charge that has been imposed under this section would cause undue hardship on the person on whom it is imposed, the Commission may waive the whole or any part of the charge.
(5) [Section 41 Subsection (5) amended by No. 28 of 2011, s. 19, Applied:31 Oct 2011] *[Section 41 Subsection (5) substituted by No. 29 of 1995, s. 37 ]**[Section 41 Subsection (5) amended by No. 42 of 1996, s. 3 and Sched. 1 ]*Where a brigade is engaged in the performance of services pursuant to subsection (1) , a member of the brigade who participates in the rendering of those services is taken to be engaged in fire-fighting operations for the purposes of section 5 of the Workers Rehabilitation and Compensation Act 1988 and section 19 of the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 .
*[Section 42 Amended by No. 29 of 1995, s. 39 ]*The Commission shall determine the chain of command and order of seniority of members of the Fire Service and members of brigades that applies during fire-fighting operations, and such a determination is binding on the persons to whom it relates.
[Section 43 Subsection (4) amended by No. 25 of 1994, s. 45 and Sched. 3 ]
(1) Subject to this Part, a forest officer may take such steps as he considers necessary to ascertain whether any fire is burning on any of the land specified in subsection (2) and to control or extinguish any fires so burning, and, for that purpose, he may enter upon that land taking with him such persons to assist him as he may require.
(2) *[Section 43 Subsection (2) amended by No. 25 of 1994, s. 45 and Sched. 3 ]*For the purposes of subsection (1) , the following land is specified:
(a) any land within a fire protected area where that area includes the whole or any part of a State forest, or any Crown land; and
(b) any land in, or within 3 kilometres of the boundaries of, any State forest.
(3) *[Section 43 Subsection (3) amended by No. 25 of 1994, s. 45 and Sched. 3 ]*Notwithstanding anything in section 42 , but subject to section 44 , a forest officer who is present at a fire burning within a fire protected area where that area includes the whole or any part of a State forest, or any Crown land, shall have supreme charge of the operation of extinguishing the fire.
(4) *[Section 43 Subsection (4) amended by No. 29 of 1984, s. 3 and Sched. 1 ]*Where a forest officer is present at a fire (not being a fire referred to in subsection (3) ) he may assist the person having supreme charge of the operation of extinguishing the fire, and, if he so assists that person, any employees of the Forestry corporation under his control shall assist that person in carrying out that operation in accordance with his directions.
(5) *[Section 43 Subsection (5) amended by No. 25 of 1994, s. 45 and Sched. 3 ]*Where a forest officer is present at a fire at which there is not present a person who has supreme charge of the operation of extinguishing the fire, he may, if he considers the fire constitutes a danger to any State forest, or any Crown land, assume supreme charge of extinguishing or controlling the fire.
*[Section 44 Amended by No. 61 of 1996, s. 15 ]*Notwithstanding any other provision of this Act, where a fire is burning on any land that is a fire protected area by virtue of section 53 (2) , any authorized officer of the Hydro-Electric Corporation who is present at the fire and who is authorized by the Hydro-Electric Corporation to do so shall have supreme charge of the operation of extinguishing the fire.
(1) [Section 45 Subsection (1) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] [Section 45 Subsection (1) amended by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000] [Section 45 Subsection (1) amended by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000] *[Section 45 Subsection (1) amended by No. 29 of 1995, s. 39 ]*Notwithstanding anything in section 42 , but subject to sections 43 and 44 , where reserved land in the class of national park, State reserve, nature reserve or historic site under the Nature Conservation Act 2002 is within a fire protected area and a fire occurs in that reserved land, an authorized national parks officer who is present at the fire shall have supreme charge of the operation of extinguishing the fire.
(2) For the purposes of subsection (1) , authorized national parks officer means a person authorized by the Director of National Parks and Wildlife to exercise the powers of an authorized national parks officer under that subsection.
[Section 46 Repealed by No. 29 of 1995, s. 40 ]
(1) A police officer who is present at a fire shall aid the appropriate fire officer in maintaining the fire officer's authority and in enforcing compliance with the orders and directions of the fire officer in the performance of his functions under this Act.
(2) *[Section 47 Subsection (2) amended by No. 29 of 1995, s. 41 ]*A police officer who is present at a fire shall aid a brigade or group of brigades in the performance of its functions under this Act.
(3) *[Section 47 Subsection (3) amended by No. 12 of 1981, s. 14 ]**[Section 47 Subsection (3) amended by No. 29 of 1995, s. 41 ]*A police officer of his own motion may, or, at the request of the appropriate fire officer, shall –
(a) close any street, road, lane, or other thoroughfare in the vicinity of a fire;
(b) regulate the use of any street, road, lane, or other thoroughfare in the vicinity of the fire; and
(c) order to withdraw or, in the event of a refusal to withdraw, remove –
(i) any person who, by his presence or otherwise, interferes with any fire-fighting operations; or
(ii) any person, other than a member of the Fire Service, who is in or on any land or premises that is burning or is threatened by fire.
(4) For the purpose of removing a person from any land or premises as provided in subsection (3) (c) , a police officer may use such force as may be reasonably necessary.
(5) *[Section 47 Subsection (5) substituted by No. 29 of 1995, s. 41 ]*In this section fire officer means the person who, under this Act, is in charge of a fire-fighting operation.
(1) *[Section 48 Subsection (1) substituted by No. 29 of 1995, s. 42 ]*In this section, authorised person means an officer of the Fire Service who is authorised in writing by the Commission to enter and inspect land and premises.
(2) An authorised person may enter and inspect any land or premises to which this section applies, together with such other persons as he considers necessary, and shall make such recommendations in respect of that land or premises as he considers necessary or desirable for the purpose of –
(a) preventing fire;
(b) minimizing fire risk; or
(c) protecting life and property.
(3) [Section 48 Subsection (3) amended by No. 57 of 2007, s. 7, Applied:13 Dec 2007] On receipt of a recommendation under subsection (2) , the Commission may, if it considers it desirable in the public interest to do so, by notice in an approved form given to the owner or occupier of the land or premises in respect of which the recommendation is made, or the agent of the owner, require the owner, occupier, or agent, as the case may be, to take such steps as it may require and as may be specified in the notice for –
(a) preventing fire;
(b) minimizing fire risk; or
(c) providing precautions for protecting life and property –
in respect of that land or premises.
(4) A notice referred to in subsection (3) is given for the purpose of that subsection if –
(a) it is delivered to the owner or occupier of the land or premises to which it relates or to the agent of the owner; or
(b) it is sent by certified mail to the owner, occupier, or agent referred to in paragraph (a) .
(5) *[Section 48 Subsection (5) amended by No. 101 of 1993, s. 4 and Sched. 1 ]*A person to whom a notice is given under subsection (3) who fails, within such time as may be specified in the notice, to comply with the notice is guilty of an offence and liable to a fine not exceeding 26 penalty units.
(6) This section applies to such classes of land and premises as may be prescribed.
(1) [Section 49 Subsection (1) amended by No. 57 of 2007, s. 8, Applied:13 Dec 2007] *[Section 49 Subsection (1) amended by No. 60 of 1986, s. 6 ]**[Section 49 Subsection (1) amended by No. 29 of 1995, s. 43 ]*Where, in the opinion of the Commission or an authorized officer any hedge, vegetation, rubbish, or similar matter in or on any land or premises is in such a condition, or, if permitted to remain in or on the land or premises, would become in such a condition as to constitute a fire danger, the Commission or authorized officer may, by notice in an approved form given to the occupier of the land or premises, require the occupier to take such steps as the Commission or authorized officer may require, and as may be specified in the notice for the –
(a) trimming, cutting back, or removal of the hedge; or
(b) burning off, or removal of, the vegetation, rubbish, or matter.
(2) A notice referred to in subsection (1) is given for the purpose of that subsection if –
(a) it is delivered to the occupier of the land or premises to which it relates; or
(b) it is sent by certified mail to the occupier, referred to in paragraph (a) .
(3) *[Section 49 Subsection (3) amended by No. 101 of 1993, s. 4 and Sched. 1 ]*An occupier to whom a notice is given under subsection (1) who fails, within such time as may be specified in the notice, to comply with the notice, is guilty of an offence and liable to a fine not exceeding 26 penalty units.
(4) The owner of any land or premises which is unoccupied shall be deemed to be the occupier for the purpose of this section.
(5) *[Section 49 Subsection (5) amended by No. 60 of 1986, s. 6 ]**[Section 49 Subsection (5) substituted by No. 29 of 1995, s. 43 ]*Where the Commission or an authorized officer reasonably considers that there is on any land –
(a) a building or structure that –
(i) by reason of its defective construction or condition, inadequate insulation or proximity to inflammable materials – is likely to catch fire and endanger the life of any person; or
(ii) by reason of its age, condition or the combustible nature of its materials – is likely in the event of a fire to endanger the life or property of any person; or
(iii) by reason of the absence of means of escape or adequate means of escape – is likely in the event of a fire to endanger the life of any person; or
(iv) by reason of neglect or damage – is in a structural condition likely to endanger the life or property of any person; or
(b) an accumulation of inflammable material or material liable to spontaneous combustion constituting a fire danger to the life or property of any person; or
(c) an escape of an inflammable liquid or vapour constituting a fire danger to the life or property of any person; or
(d) a hedge, scrub, bush, grass, weeds or other growth that is likely, then or after drying off, to constitute a fire danger to the life or property of any person –
the Commission or authorized officer may, by notice in writing given to the council of the municipal area in which that land is situated, require that local council to deal with the fire danger, within such reasonable period of not less than 30 days as is specified in the notice, as if that fire danger were a nuisance under the Local Government Act 1993 .
(6) *[Section 49 Subsection (6) amended by No. 60 of 1986, s. 6 ]**[Section 49 Subsection (6) substituted by No. 29 of 1995, s. 43 ]*If the occupier or local council refuses or fails to comply with a requirement of the Commission or an authorized officer under subsection (1) or (5) , members of the Fire Service authorised by the Commission for the purpose may enter on the land in question and do all such acts as are reasonably necessary to eliminate the fire danger.
(7) *[Section 49 Subsection (7) amended by No. 60 of 1986, s. 6 ]**[Section 49 Subsection (7) amended by No. 29 of 1995, s. 43 ]*The expenses incurred by the Commission in exercising the powers referred to in subsection (6) are a debt due from the occupier or the local council, as the case may be, to the Commission and are recoverable in a court of competent jurisdiction.
(8) *[Section 49 Subsection (8) amended by No. 29 of 1995, s. 43 ]**[Section 49 Subsection (8) amended by No. 60 of 1986, s. 6 ]*Where there is on any land any structure, material, or thing that, in the opinion of the Commission, constitutes a fire danger, members of the Fire Service may enter on that land and do all such acts as the Commission considers necessary to remove that risk.
(9) The expenses incurred by the Commission in the exercise of the powers conferred on it by subsection (8) are a debt due from the occupier of the land to the Commission and are recoverable in a court of competent jurisdiction.
(10) *[Section 49 Subsection (10) inserted by No. 22 of 1983, s. 5 ]**[Section 49 Subsection (10) amended by No. 29 of 1995, s. 43 ]*Where –
(a) pursuant to subsection (5) , a notice has been served by a local council under section 200 of the Local Government Act 1993 in respect of land; and
(b) services have been rendered by a brigade at a fire on that land; and
(c) the notice had not been complied with immediately before the rendering of those services by the brigade at that fire –
proceedings may be brought in a court of competent jurisdiction by the Commission against the occupier of that land for the recovery of an amount, being a charge for the services rendered by the brigade at the fire determined in accordance with the scale of charges fixed by the Commission under section 109 (1) .
(11) *[Section 49 Subsection (11) inserted by No. 22 of 1983, s. 5 ]**[Section 49 Subsection (11) amended by No. 29 of 1995, s. 43 ]*In any proceedings brought by the Commission under subsection (10) , the court may decline to make an order for the recovery of the amount referred to in that subsection if the person against whom the proceedings are brought satisfies the court that he took all reasonable steps to comply with the notice or that it was reasonable in all the circumstances that he did not comply with the notice.
(12) *[Section 49 Subsection (12) added by No. 60 of 1986, s. 6 ]**[Section 49 Subsection (12) amended by No. 29 of 1995, s. 43 ]*In this section, authorized officer means an officer of the Fire Service authorized in writing by the Commission to give notices under this section.
(1) *[Section 50 Subsection (1) amended by No. 44 of 1990, s. 225 and Sched. 3 ]**[Section 50 Subsection (1) amended by No. 29 of 1995, s. 44 ]*On a request made to it by the appropriate authorized officer or a local council, the Commission shall provide such information or advice as may be required in relation to the protection from fire of –
(a) [Section 50 Subsection (1) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] a place of assembly within the meaning of the Public Health Act 1997 ;
(b) a place of public entertainment within the meaning of Division 8 of Part 5 of the Local Government (Building and Miscellaneous Provisions) Act 1993 ; and
(c) [Section 50 Subsection (1) amended by No. 24 of 2004, s. 35, Applied:01 Jan 2005] premises specified in a licence or permit granted under the Liquor Licensing Act 1990 .
(d) . . . . . . . .
(2) *[Section 50 Subsection (2) substituted by No. 5 of 1990, s. 3 and Sched. 1 ][Section 50 Subsection (2) amended by No. 44 of 1990, s. 225 and Sched. 3 ][Section 50 Subsection (2) amended by No. 29 of 1995, s. 44 ]*For the purposes of subsection (1) , authorized officer means –
(a) the Secretary of the responsible Department in relation to the following enactments:
(i) [Section 50 Subsection (2) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] Public Health Act 1997 ;
(ii) Local Government Act 1993 ;
(iii) [Section 50 Subsection (2) amended by No. 24 of 2004, s. 35, Applied:01 Jan 2005] Liquor Licensing Act 1990 ;
(iv) . . . . . . . .
(v) [Section 50 Subsection (2) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] [Section 50 Subsection (2) amended by No. 47 of 2016, s. 11, Applied:10 Jul 2017] Education Act 2016 ;
(vi) [Section 50 Subsection (2) amended by No. 2 of 1998, Sched. 2, Applied:01 Jul 2000] . . . . . . . .
(vii) Crown Lands Act 1976 ; or
(b) such other persons as may be prescribed.
(1) Where the Commission is satisfied that any hazardous or flammable material is stored or about to be stored or transported or used in such a place or under such conditions as to constitute a danger to life or property, the Commission may –
(a) by notice in writing, require the owner or person in charge of the material to take such measures as may be necessary to ensure the safe storage, transportation, or use of the material; or
(b) prohibit the storage, transportation, or use of the material.
(2) *[Section 51 Subsection (2) amended by No. 101 of 1993, s. 4 and Sched. 1 ]*An owner or a person in charge of any material referred to in subsection (1) who fails to comply with any requirement or prohibition imposed by the Commission under subsection (1) is guilty of an offence and liable to a fine not exceeding 26 penalty units.
(3) [Section 51 Subsection (3) amended by No. 4 of 2012, Sched. 3, Applied:01 Jan 2013] [Section 51 Subsection (3) amended by No. 16 of 2010, Sched. 1, Applied:01 Jan 2011] [Section 51 Subsection (3) amended by No. 52 of 2005, Sched. 1, Applied:01 Jul 2009] [Section 51 Subsection (3) amended by No. 6 of 1998, s. 47, Applied:01 Jan 1999] Nothing contained in this section affects any provision of the Explosives Act 2012 , Work Health and Safety Act 2012 or Dangerous Goods (Road and Rail Transport) Act 2010 .
(1) The Commission may install and maintain in any public place such fire alarms as the Commission thinks necessary for the protection of life and property from fire, and, for that purpose, may carry out such works as may be necessary for that purpose.
(2) Before exercising the power conferred on it by this section, the Commission shall notify any authority having control of the public place in which it proposes to install the fire alarm of its intention to do so, and shall have regard to any reasonable objections made by or on behalf of the authority.
(3) If the Commission and any authority having control of a public place fail to agree as to whether or not any fire alarm shall be installed, or as to the location of any fire alarm, the decision of the Commission in respect of the installation or location is final.
(4) [Section 52 Subsection (4) amended by No. 76 of 2007, Sched. 1, Applied:01 Jul 2008] *[Section 52 Subsection (4) amended by No. 37 of 1996, s. 3 and Sched. 1 ]*Before exercising the power conferred on it by this section, the Commission shall consult with the Director, Environment Protection Authority.
(1) The Commission may, by notice published in the Gazette, declare a specified locality to be a fire protected area for the purposes of this Act.
(2) *[Section 53 Subsection (2) substituted by No. 18 of 1994, s. 5 ]**[Section 53 Subsection (2) amended by No. 61 of 1996, s. 5 and s. 15 ]*The Commission, after consultation with the Hydro-Electric Corporation and by notice published in the Gazette, may declare an area of land vested in or occupied by the Hydro-Electric Corporation for hydro-electric works or purposes to be a fire protected area for the purposes of this Act.
(3) *[Section 53 Subsection (3) inserted by No. 18 of 1994, s. 5 ]**[Section 53 Subsection (3) amended by No. 61 of 1996, s. 15 ]*An area of land declared under subsection (2) to be a fire protected area continues to be a fire protected area so long as it remains vested in or occupied by the Hydro-Electric Corporation or is required for hydro-electric works or purposes.
(4) *[Section 53 Subsection (4) inserted by No. 18 of 1994, s. 5 ]*Any land that immediately before the commencement of the Fire Service Amendment (Miscellaneous) Act 1994 was deemed to be a fire protected area ceases to be a fire protected area on the commencement of that Act.
[Section 54 Substituted by No. 29 of 1995, s. 45 ] [Section 54 Repealed by No. 33 of 2012, s. 10, Applied:30 Apr 2013]
[Section 55 Amended by No. 60 of 1986, s. 7 ] [Section 55 Amended by No. 59 of 1993, s. 81 ] [Section 55 Substituted by No. 29 of 1995, s. 45 ] [Section 55 Repealed by No. 33 of 2012, s. 10, Applied:30 Apr 2013]
(1) *[Section 56 Subsection (1) amended by No. 29 of 1995, s. 46 ]*In this section, a reference to a firebreak authority is a reference to the Commission or the local council exercising on behalf of the Commission any powers conferred by this section.
(2) The Commission may, in accordance with this section, cause the formation of such firebreaks as it considers necessary or desirable to arrest the spread of fires that may occur in any part of the State or to facilitate the suppression of any fires.
(3) *[Section 56 Subsection (3) amended by No. 29 of 1995, s. 46 ]*A local council may, in accordance with this section, cause the formation in its municipal area of such firebreaks as it considers necessary or desirable to arrest the spread or to facilitate the suppression of fires.
(4) A firebreak authority may, for the purposes of this section, make arrangements with any other person for the formation of a firebreak, and, without prejudice to the generality of the foregoing provisions of this subsection, any such arrangements may be made with the holder of an office, or with a body established under an enactment, and the holder of that office for the time being or that body shall be deemed to have power to enter into and carry out those arrangements.
(5) Where, under this section, a firebreak authority requires the formation of a firebreak on any particular land, the authority may serve notice in writing on the occupier of the land requiring the formation of that firebreak in such manner as is specified in the notice and within such time as is so specified.
(6) [Section 56 Subsection (6) amended by No. 7 of 2025, s. 102, Applied:01 Jul 2025] [Section 56 Subsection (6) substituted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] An occupier of land who is aggrieved by a notice served on him or her under subsection (5) may apply to the Tasmanian Civil and Administrative Tribunal for a review of the notice.
(7) [Section 56 Subsection (7) omitted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] . . . . . . . .
(8) [Section 56 Subsection (8) omitted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] . . . . . . . .
(9) [Section 56 Subsection (9) omitted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] . . . . . . . .
(10) [Section 56 Subsection (10) omitted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] . . . . . . . .
(11) Where an occupier of land refuses to comply with the requirements of a notice served under subsection (5) with respect to that land or those requirements are not complied with, the firebreak authority by which the notice was served may enter onto the land and do such things as are necessary to form the firebreak.
(12) Subsection (11) does not authorize a firebreak authority to destroy, injure, or remove any living trees that are required for the purposes of shade or shelter, or as a windbreak, or for the production of food for human beings or animals, or that contain timber of commercial value.
(13) The expenses reasonably incurred by a firebreak authority in the exercise of the powers conferred on it by subsection (11) are a debt due from the occupier of the land to the firebreak authority and are recoverable in a court of competent jurisdiction.
(14) If, having regard to the circumstances of any particular case, a firebreak authority considers it reasonable to do so, it may waive the whole or any part of a debt otherwise recoverable under subsection (13) .
(15) A reference in this section to the formation of a firebreak includes a reference to the clearing of the means of access to a firebreak formed or to be formed.
(1) Subject to this section, a person who occupies land may, with the consent of the Minister administering the Crown Lands Act 1976 , take, or cause to be taken, such steps as are necessary to form a firebreak on Crown land designed to arrest fires that may spread on to land in his occupation or to facilitate the suppression of fires that are likely to spread on to that land.
(2) For the purpose of taking such steps as are referred to in subsection (1) , a person may enter on Crown land with such vehicles and other equipment as may be required for the purpose.
(3) A person may not under subsection (1) take, or cause to be taken, steps to form a firebreak on land that is more than 60 metres from the boundary of land that he occupies.
(4) Except with the permission, in writing, of the Director-General of Lands, this section does not authorize the entry on to, or the formation of a firebreak on –
(a) any Crown land that is occupied or being used or managed by, or for the purposes of, any department or instrumentality of the State; or
(b) any Crown land that is subject to any estate, interest, or right pursuant to which the holder of the land has the right to occupy or use the land, or to carry out any operations on the land, or to take any products of the land or materials in the land, including materials beneath the surface.
(1) *[Section 58 Subsection (1) substituted by No. 29 of 1995, s. 47 ]*In this section responsible fire officer means –
(a) in any case –
(i) the Chief Officer; or
(ii) an officer of the Fire Service; or
(b) in the case of a fire protected area – an authorized national parks officer within the meaning of section 45 or a forest officer.
(2) Where, in the opinion of a responsible fire officer, a fire constitutes, or, if it is not promptly extinguished or controlled, is likely to constitute, a fire danger, he may order the occupier of any land on which the fire is burning or from which it has spread, to take, or assist in the taking of, such steps as are specified in the order to extinguish or control the fire.
(3) An order under subsection (2) is sufficient authority for the person to whom it is addressed to take, or assist in taking, as required by the order, the steps specified in the order and, for that purpose, to enter onto any land of which he is not the occupier, except that he is not entitled by virtue of the order to enter on, or do anything on, any land contrary to the express directions given to him by the occupier of that land.
(4) A person who fails to comply with an order given him under subsection (2) is guilty of an offence against this Act.
(5) *[Section 58 Subsection (5) substituted by No. 22 of 1983, s. 6 ]*In any prosecution relating to a charge for an offence under subsection (4) , the defendant has a defence to that charge if he satisfies the court –
(a) that the failure to comply with an order given to him under subsection (2) arose from the directions given to him by the occupier of the land that he had to enter in order to comply with the order; or
(b) that he took all reasonable steps to comply with the order or that it was reasonable in all the circumstances that he did not comply with the order.
(6) *[Section 58 Subsection (6) inserted by No. 22 of 1983, s. 6 ]*Where a person is convicted of the offence of failing to comply with an order given under subsection (2) to extinguish or control a fire burning on any land and services were rendered by a brigade at that fire, the court which convicted the person may, in addition to imposing a penalty in respect of that offence, order that person to pay an amount being a charge for the services rendered by the brigade at that fire determined in accordance with the scale of charges fixed by the Commission under section 109 (1) .
Nothing in the foregoing provisions of this Part relieves an occupier of Crown land from any liability or obligation to which he is subject under the Crown Lands Act 1976 , and the liabilities and obligations imposed under the foregoing provisions of this Part are in addition to those imposed under that Act.
[Section 60 Amended by No. 61 of 1996, s. 5 ][Section 60 Substituted by No. 69 of 1997, Sched. 3, Applied:22 Dec 1997]
(1) Notwithstanding any Act or law to the contrary, the appropriate electricity entity shall, for the purposes only of this Act, be deemed to be the occupier of land that is subject to a wayleave easement or affected by a wayleave contract that is in force under section 13 (1) of the Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Act 1995 , and that electricity entity or an officer of that electricity entity authorized by it to do so may, if it or he thinks it necessary for the purpose of protecting any transmission lines, poles, or other equipment or works of that electricity entity, cause any vegetation or flammable material on that land to be burned off or removed, but, in the exercise of the powers conferred by this section, that electricity entity or such an officer is subject, in all respects, to the provisions of this Act.
(2) In this section,
electricity entity means an electricity entity within the meaning of the Electricity Supply Industry Act 1995 which is also a prescribed electricity entity within the meaning of the Electricity Entities (Contributions) Act 1997 .
[Section 60A Inserted by No. 32 of 2011, s. 4, Applied:25 Oct 2011] In this Part –
approved means approved by the Chief Officer;
bushfire hazard management plan means a plan showing means of protection from bushfires in a form approved in writing by the Chief Officer.
[Section 60B Inserted by No. 32 of 2011, s. 4, Applied:25 Oct 2011]
(1) A person may apply to the Chief Officer for accreditation to certify that –
(a) a bushfire hazard management plan is acceptable; or
(b) there is insufficient risk from bushfire to warrant any specific protection measures.
(2) An application must be –
(a) made in the approved manner and form; and
(b) accompanied by any charge fixed in accordance with section 8A .
(3) The Chief Officer may require a person who has applied for accreditation –
(a) to supply further information requested by the Chief Officer; and
(b) to verify by statutory declaration any information supplied to the Chief Officer.
[Section 60C Inserted by No. 32 of 2011, s. 4, Applied:25 Oct 2011] The Chief Officer must not grant accreditation to an applicant unless satisfied that the applicant –
(a) has the appropriate competence and capacity for which accreditation is sought; and
(b) has the approved qualifications or has successfully completed any approved course; and
(c) is covered, or is likely to be covered, by appropriate insurance; and
(d) has complied with any or all of the requirements approved for the purposes of this section.
[Section 60D Inserted by No. 32 of 2011, s. 4, Applied:25 Oct 2011]
(1) On receipt of an application, the Chief Officer may –
(a) grant the application, with or without any conditions or restrictions; or
(b) refuse to grant the application.
(2) If the Chief Officer refuses to grant the application, the Chief Officer must provide the applicant with written reasons for the refusal within the relevant period.
(3) In this section, relevant period, in relation to an application, means –
(a) 3 months after the application is received by the Chief Officer; or
(b) if the Chief Officer has requested further information, 3 months after the Chief Officer receives the last information requested.
[Section 60E Inserted by No. 32 of 2011, s. 4, Applied:25 Oct 2011] Accreditation granted to a person under this Part is subject to any conditions or restrictions that are approved for the purposes of this section and are applicable to the grant of accreditation.
[Section 60F Inserted by No. 32 of 2011, s. 4, Applied:25 Oct 2011] An accredited person must not fail to comply with a condition or restriction of the person's accreditation.
Penalty: In the case of –
(a) a body corporate, a fine not exceeding 2 000 penalty units; or
(b) an individual, a fine not exceeding 400 penalty units.
[Section 60G Inserted by No. 32 of 2011, s. 4, Applied:25 Oct 2011]
(1) An accredited person may surrender the person's accreditation at any time.
(2) The Chief Officer may suspend or revoke a person's accreditation if the Chief Officer considers that the person –
(a) is no longer competent; or
(b) no longer satisfies the requirements set out in section 60C .
(3) The Chief Officer, by notice to an accredited person –
(a) may suspend the accreditation, or part of the accreditation, of the accredited person for a period determined by the Chief Officer; or
(b) may revoke the accreditation of the accredited person wholly or in part, with immediate effect or with effect from a specified future date; or
(c) may impose conditions or restrictions on the accreditation; or
(d) may vary conditions or restrictions to which the accreditation is subject.
(4) If the Chief Officer revokes the accreditation of an accredited person, the Chief Officer may, in the notice of revocation, declare that the accredited person is disqualified from applying for accreditation during a period specified in the notice.
(5) Before making a decision under subsection (2) or (3) , the Chief Officer –
(a) must notify the person in writing –
(i) that the Chief Officer is considering making a decision under that subsection of the kind, and for the reasons, specified in the notice; and
(ii) that the person may, within 28 days or a longer period specified in the notice, make written representations to the Chief Officer showing cause why the decision should not be made; and
(b) must consider any representations made under paragraph (a)(ii) and not withdrawn.
(6) If the Chief Officer suspends or revokes the accreditation of the accredited person wholly or in part, the Chief Officer must include in the notice of suspension or revocation –
(a) the reasons for the suspension or revocation; and
(b) information about the person's appeal rights.
(7) The Chief Officer may withdraw a suspension of the accreditation of a person under subsection (2) by written notice given to the person.
(8) If, for any period, an accredited person is not covered by insurance that the Chief Officer considers appropriate, the person's accreditation is suspended for that period.
[Section 60H Inserted by No. 32 of 2011, s. 4, Applied:25 Oct 2011]
(1) An accreditation –
(a) is personal to the person who holds it; and
(b) is not capable of being transferred or assigned to any other person or otherwise dealt with by the person who holds it; and
(c) does not vest by operation of law in any other person.
(2) A purported transfer or assignment of an accreditation or any other purported dealing with an accreditation by the person who holds it is of no effect.
(3) This section has effect despite anything in any Act or rule of law to the contrary.
[Section 60I Inserted by No. 32 of 2011, s. 4, Applied:25 Oct 2011]
(1) If a person is aggrieved by a decision of the Chief Officer to refuse, revoke or suspend the person's accreditation, the person may request the Chief Officer to review the decision.
(2) [Section 60I Subsection (2) amended by No. 7 of 2025, s. 103, Applied:01 Jul 2025] If a person is not satisfied with a review under subsection (1) , the person may appeal to the Tasmanian Civil and Administrative Tribunal.
(1) The Commission, with the approval of the Minister, may by public notice declare any day, or any period specified in the notice, to be a fire permit period throughout the State or in respect of parts of the State.
(2) The Commission, with the approval of the Minister, may by public notice –
(a) declare that a fire permit period has commenced throughout the State or in any specified parts of the State; and
(b) declare that that fire permit period has ended.
(3) Where a fire permit period is declared pursuant to subsection (1) , the Commission shall take such steps as it considers necessary or as may be prescribed for the purpose of giving publicity to the declaration.
(4) For the purpose of this section, public notice means a notice published in a daily newspaper published in the State that circulates in the part of the State to which the notice relates.
(1) Where a fire permit period has been declared pursuant to section 61 , the Commission may –
(a) take all necessary steps to abate the danger of fire, and for that purpose requisition the services of persons, animals, plant, machines, engines, articles, appliances, or materials for the purposes of fire-fighting operations; and
(b) prohibit the use, at any place in the State, or in the part or parts of the State specified in the notice declaring that period, of any specified plant, machine, engine, article, appliance, or material that it considers likely to cause a risk of fire.
(2) The Commission may make such orders, give such notices and directions, and do all such other acts as appear to it to be necessary or desirable for the purpose of enabling it to exercise the powers conferred on it by subsection (1) .
(3) An order, notice, or direction made or given by the Commission under subsection (2) –
(a) may be made or given so as to apply –
(i) to a specified person, or to the persons of a specified class, or to persons generally; or
(ii) to fires generally or to fires of a specified class; or
(iii) to specified premises, animals, plant, machines, engines, articles, appliances, or materials, or to premises, animals, plant, machines, engines, articles, appliances, or materials of a specified class;
(b) may be made or given so as to apply generally throughout the State or in specified parts of the State;
(c) may exempt –
(i) a person, or all or any persons included in a class of persons;
(ii) a particular class or kind of fire; or
(iii) premises, animals, plant, machines, engines, articles, appliances, or materials, of any class or kind –
from the operation of all or any of the provisions of the order, notice, or direction; and
(d) may contain such incidental or supplementary provisions as the Commission considers to be necessary or convenient for the purposes of the order, notice, or direction.
(4) An order, notice, or direction made or given by the Commission under this section may be notified by publishing it in the Gazette or in a daily newspaper published in the State that circulates in that part of the State to which the order, notice, or direction relates, or by serving a copy of it on the person or persons to whom it relates.
(5) A person who contravenes or fails to comply with an order, notice, or direction made or given by the Commission under this section is guilty of an offence against this Act.
*[Section 63 Amended by No. 101 of 1993, s. 4 and Sched. 1 ][Section 63 Amended by No. 29 of 1995, s. 48 ][Section 63 Amended by No. 63 of 1996, s. 4 ]*Without limiting section 66 , a person shall not, during a fire permit period, light or cause to be lit, or maintain or use, a fire in the open air on any land for the purpose, or that is likely to have the effect, of clearing vegetation from that land or for a similar purpose unless that person takes all reasonable precautions to prevent the fire from spreading to adjoining land, and observes such precautions as are determined by the Commission and as may be required by a brigade chief or other officer of the Fire Service.
Penalty: Fine not exceeding 26 penalty units.
(1) *[Section 64 Subsection (1) amended by No. 29 of 1995, s. 49 ]*Where a fire is burning on any land during a fire permit period, the occupier of the land shall, immediately after becoming aware of the fire –
(a) take diligent steps to extinguish the fire or to prevent it from spreading; and
(b) report the fire to –
(i) the nearest brigade headquarters; or
(ii) a police officer; or
(iii) a member of the Fire Service.
(2) Subsection (1) does not apply to –
(a) a fire lit under the authority of, and in accordance with the conditions of, a permit granted under section 66 if and so long as that section is complied with in relation to that fire; or
(b) a fire to which section 69 applies if and so long as that section is complied with in relation to the fire.
[Section 65 Substituted by No. 29 of 1995, s. 50 ]
(1) [Section 65 Subsection (1) amended by No. 33 of 2012, s. 11, Applied:30 Apr 2013] The Council, on the recommendation of a Committee, may appoint–
(a) fire permit officers in respect of the State forest within the Committee's Fire Management Area; and
(b) [Section 65 Subsection (1) amended by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000] [Section 65 Subsection (1) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] fire permit officers in respect of any reserved land as defined in the Nature Conservation Act 2002 within the Committee's Fire Management Area; and
(c) fire permit officers in respect of other land within the Committee's Fire Management Area.
(2) A person appointed under subsection (1) (a) is to be nominated for the appointment by the chief executive officer of the Forestry corporation.
(3) [Section 65 Subsection (3) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] A person appointed under subsection (1) (b) is to be nominated for the appointment by the Secretary of the responsible Department in relation to the National Parks and Reserves Management Act 2002 .
(4) A person appointed under subsection (1) (c) is to be –
(a) a member of a brigade that is based in the Fire Management Area; or
(b) [Section 65 Subsection (4) amended by No. 33 of 2012, s. 11, Applied:30 Apr 2013] a person who has skills, qualifications or experience that the Council considers would enable that person to carry out the duties of a fire permit officer competently.
(5) [Section 65 Subsection (5) inserted by No. 33 of 2012, s. 11, Applied:30 Apr 2013] A person appointed by the Commission under this section, and holding office immediately before the commencement day, is taken to have been appointed by the Council under this section on the same terms and conditions.
(6) [Section 65 Subsection (6) inserted by No. 33 of 2012, s. 11, Applied:30 Apr 2013] In this section –
commencement day means the day on which the Fire Service Amendment Act 2012 commences.
[Section 65A Inserted by No. 29 of 1995, s. 51 ]
(1) An application for a permit under section 66 in respect of a Fire Management Area is to be determined by –
(a) in the case of State forest within that area – a fire permit officer appointed under section 65 (1) (a) ; and
(b) [Section 65A Subsection (1) amended by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000] [Section 65A Subsection (1) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] in the case of any reserved land as defined in the Nature Conservation Act 2002 within that area – a fire permit officer appointed under section 65 (1) (b) ; and
(c) in the case of any other land within that area –
(i) a fire permit officer appointed under section 65 (1) (c) ; or
(ii) a member of the Fire Service who is authorised by the Commission to determine such applications for that area.
(2) In determining applications for permits, a fire permit officer or member of the Fire Service authorised under subsection (1) (c) (ii) is to have regard to such advice, recommendations and reports as he or she is given by the Commission or the relevant Committee.
(3) A fire permit officer appointed under section 65 (1) (c) is entitled to be reimbursed by the Commission for expenses that he or she incurs in the execution of his or her duties.
[Section 65B Inserted by No. 29 of 1995, s. 51 ]
(1) [Section 65B Subsection (1) amended by No. 33 of 2012, s. 12, Applied:30 Apr 2013] The Council may, in the Gazette or any newspaper –
(a) give notice of the appointment of a fire permit officer or an authorisation under section 65A (1) (c) (ii) ; and
(b) from time to time, publish a list of the fire permit officers and members of the Fire Service appointed or authorised in respect of each or any Fire Management Area.
(2) [Section 65B Subsection (2) amended by No. 33 of 2012, s. 12, Applied:30 Apr 2013] A notice or list published under subsection (1) may contain such other information as the Council considers necessary or expedient in the public interest.
(1) *[Section 66 Subsection (1) amended by No. 101 of 1993, s. 4 and Sched. 1 ]*A person shall not, during a fire permit period, light or cause to be lit, or maintain or use –
(a) a fire in a fire protected area specified in subsection (2) ; or
(b) a fire for the purpose, or that is likely to have the effect, of clearing vegetation from land or for a like purpose –
except under the authority and in accordance with the conditions of a permit granted by a fire permit officer in accordance with this section.
Penalty: Fine not exceeding 26 penalty units.
(2) [Section 66 Subsection (2) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] [Section 66 Subsection (2) amended by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000] *[Section 66 Subsection (2) amended by No. 25 of 1994, s. 45 and Sched. 3 ]*A fire protected area referred to in subsection (1) (a) is an area which includes the whole or any part of a State forest, any reserved land as defined in the Nature Conservation Act 2002 , or any Crown land.
(3) Subsection (1) does not apply to a fire, not being a fire referred to in subsection (1) (b) , that is lit in a place specially constructed for the purpose.
(4) [Section 66 Subsection (4) amended by No. 25 of 1994, sched. 3 ]**[Section 66 Subsection (4) omitted by No. 29 of 1995, s. 52 ]. . . . . . . .
(5) Before determining an application for a permit under this section in respect of land not within a fire protected area referred to in subsection (1) (a) , a fire permit officer shall, if practicable, confer with the appropriate officer and shall refuse the application if that officer considers that the prevailing conditions are such that a fire lit under the authority of the permit, if granted, might spread to land other than that to which the permit relates or might be beyond the capacity to control of the fire brigades readily available for the purpose.
(6) *[Section 66 Subsection (6) amended by No. 29 of 1995, s. 52 ]*For the purposes of subsection (5) , appropriate officer means –
(a) in the case of land within a brigade's operational district – the brigade chief of that brigade; or
(b) in the case of any other land – a brigade chief or other officer of the Fire Service.
(7) A permit may be granted under this section –
(a) subject to such conditions as may be determined by the fire permit officer by whom it is granted; and
(b) where any conditions are determined by the Commission with respect to the permit, also subject to those conditions.
(8) *[Section 66 Subsection (8) amended by No. 29 of 1995, s. 52 ]*Without limiting subsection (7) , the conditions referred to in that subsection may include –
(a) a condition that the fire to which the permit relates shall be lit and maintained by, or under the supervision of, a specified brigade, or a member of a specified brigade; and
(b) a condition that at least one person shall be present at the site of the fire from the time when it is lit until it is totally extinguished.
(9) If a fire permit officer refuses to grant a permit under this section to a person who applies for such a permit, that person may, within 14 days after being refused a permit, appeal to the Commission against the refusal.
(10) The Commission may allow or disallow an appeal under subsection (9) as it thinks fit, and, if it allows the appeal, may grant a permit to the appellant, either unconditionally or subject to such conditions (if any) as the Commission may, in its absolute discretion, impose and as are specified in the permit.
(11) [Section 66 Subsection (11) amended by No. 57 of 2007, s. 9, Applied:13 Dec 2007] Subject to subsections (9) and (10) , an appeal under subsection (9) shall be instituted, heard, and determined as the Commission determines.
(12) *[Section 66 Subsection (12) inserted by No. 29 of 1995, s. 52 ]**[Section 66 Subsectin (12) amended by No. 37 of 1996, s. 3 and Sched. 1 ]*A person who lights and controls a fire in accordance with the conditions of a permit granted to that person under this section is exempt from the Environmental Management and Pollution Control Act 1994 .
(13) *[Section 66 Subsection (13) inserted by No. 29 of 1995, s. 52 ]*A person who lights a fire in accordance with the conditions of a permit granted to that person under this section and complies with the directions contained in that permit is not liable for any loss, injury or damage caused by that fire unless it is proven that the person acted maliciously or recklessly.
(1) Where a fire permit officer is of the opinion that, by reason of the prevailing conditions, a permit granted under section 66 should be revoked, suspended, or varied, he shall, in such manner as he considers necessary, inform the person to whom the permit has been granted that the permit has been revoked, suspended, or varied.
(2) Where a permit has been granted under section 66 in respect of any land and the appropriate officer is of the opinion that the prevailing conditions are conducive to the outbreak or spread of fires or that conditions conducive to the outbreak or spread of fires are imminent, he may, in such manner as he considers necessary, notify the person to whom the permit has been granted that the permit has been revoked, suspended, or varied.
(3) *[Section 67 Subsection (3) amended by No. 25 of 1994, s. 45 and Sched. 3 ]**[Section 67 Subsection (3) amended by No. 29 of 1995, s. 53 ]*In this section, appropriate officer means –
(a) in respect of a permit relating to land in a fire protected area referred to in section 66 (1) (a) –
(i) [Section 67 Subsection (3) amended by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000] [Section 67 Subsection (3) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] if the area includes the whole or a part of any reserved land as defined in the Nature Conservation Act 2002 , the Director of National Parks and Wildlife or a person authorised by him, generally or in the particular case, to revoke the permit; or
(ii) [Section 67 Subsection (3) amended by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000] [Section 67 Subsection (3) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] if the area includes the whole or part of a State forest, or any Crown land not within any reserved land as defined in the Nature Conservation Act 2002 , the forest officer in charge of the fire protected area; and
(b) in respect of a permit relating to other land –
(i) the Chief Officer; or
(ii) a brigade chief or other officer of the Fire Service.
(1) The Commission may, of its own motion or at the request of the owner or occupier of an area of land, by notice published in the Gazette and in a daily newspaper published in the State that circulates in that part of the State to which the notice relates, declare that area of land to be an area of extreme fire hazard.
(2) *[Section 68 Subsection (2) amended by No. 101 of 1993, sched. 2 ][Section 68 Subsection (2) substituted by No. 29 of 1995, s. 54 ][Section 68 Subsection (2) amended by No. 63 of 1996, s. 4 ]*Where a notice under subsection (1) is in force, a person must not, except in the exercise of a power or authority conferred on that person by this Act, enter an area of land to which the notice relates without first obtaining a permit for that purpose from a brigade chief or other officer of the Fire Service.
Penalty: Fine not exceeding 26 penalty units.
(3) *[Section 68 Subsection (3) amended by No. 25 of 1994, s. 45 and Sched. 3 ]**[Section 68 Subsection (3) amended by No. 29 of 1995, s. 54 ]*Where the whole or any part of a State forest, or any Crown land, is included within the boundaries of an area of land to which a notice under subsection (1) relates, the powers conferred on a brigade chief or other officer of the Fire Service by subsection (2) are exercisable also by a forest officer.
(4) *[Section 68 Subsection (4) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 68 Subsection (4) amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 68 Subsection (4) amended by No. 61 of 1996, s. 15 ]*The existence of a notice under subsection (1) does not prevent –
(a) the entry onto land vested in, or occupied by, the Hydro-Electric Corporation by any person acting in the course of his employment with, or acting with the authority of, the Hydro-Electric Corporation; or
(b) [Section 68 Subsection (4) amended by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000] [Section 68 Subsection (4) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] [Section 68 Subsection (4) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] the entry onto any reserved land as defined in the Nature Conservation Act 2002 by any person acting in the course of his duties as an employee employed in the responsible Department in relation to the National Parks and Reserves Management Act 2002 or with the authority of the Director of National Parks and Wildlife.
(1) This section applies to –
(a) any fire for cooking or warmth;
(b) any fire for the burning of carcasses; and
(c) any other fire of a prescribed class –
not being a fire within an enclosed building.
(2) *[Section 69 Subsection (2) amended by No. 101 of 1993, s. 4 and Sched. 1 ]*A person shall not light a fire to which this section applies –
(a) in or on peat, humus, or marram grass; or
(b) within 3 metres of any stump, log, or standing tree.
Penalty: Fine not exceeding 50 penalty units.
(3) *[Section 69 Subsection (3) amended by No. 101 of 1993, s. 4 and Sched. 1 ]*A person shall not leave unattended a fire to which this section applies unless it has been completely extinguished.
Penalty: Fine not exceeding 50 penalty units.
(4) *[Section 69 Subsection (4) amended by No. 101 of 1993, s. 4 and Sched. 1 ]*During a fire permit period a person shall not light a fire to which this section applies unless all flammable material has been moved to a place that is at least 3 metres from the site of the fire.
Penalty: Fine not exceeding 50 penalty units.
(1) The Commission may declare any specified day to be a day of total fire ban, or any specified days to be days of total fire ban, for the purposes of this Act, either throughout the State or in any part or parts of the State.
(2) A declaration under subsection (1) in relation to any specified day or days of total fire ban may –
(a) specify fires that are not subject to the ban; and
(b) prohibit or restrict the use of specified machines or apparatus in the open air on that day or those days.
(3) *[Section 70 Subsection (3) amended by No. 29 of 1995, s. 55 ]*With a view to ensuring general public knowledge of a declaration made under subsection (1) , the Commission shall cause a declaration made under subsection (1) to be –
(a) transmitted by any radio or television station; or
(b) published in a daily newspaper published in the State which circulates in the State, or if the declaration relates to part of the State, that part of the State to which the declaration relates.
(4) *[Section 70 Subsection (4) amended by No. 29 of 1995, s. 55 ]*Subject to subsection (7) , where pursuant to subsection (1) a declaration is made declaring a day to be a day of total fire ban or any days to be days of total fire ban –
(a) all permits granted under section 66 in relation to land in any part of the State to which the declaration relates immediately cease to have effect;
(b) no permits shall be granted under that section so as to have effect on that day or those days in relation to land in any part of the State to which the declaration relates; and
(c) the occupier of land on which a fire occurs on any such day (being land in any part of the State to which the declaration relates) shall immediately after becoming aware of the existence of the fire –
(i) take diligent steps to extinguish the fire or to prevent it from spreading; and
(ii) report the fire to the brigade the headquarters of which is situated nearest to that land, to a police officer, or to any member of the Fire Service.
(5) *[Section 70 Subsection (5) amended by No. 101 of 1993, s. 4 and Sched. 1 ]*A person who fails to comply with subsection (4) (c) is guilty of an offence and liable to a fine not exceeding 50 penalty units.
(6) It is a defence in proceedings for an offence under subsection (5) to show that the failure to comply with that subsection arose from the fact that the defendant did not know that a day of total fire ban had been declared.
(7) Subsection (4) does not apply to any fire excluded from the ban by virtue of subsection (2) (a) or to any permit in so far as it authorizes the lighting of such a fire.
*[Section 71 Amended by No. 101 of 1993, s. 4 and Sched. 1 ]*Where a declaration is in force under section 70 declaring any day to be a day of total fire ban or any days to be days of total fire ban, a person shall not on that day or any of those days –
(a) light, or cause to be lit, or maintain or use, a fire in the open air on any land for any purpose, unless that fire is excluded from the ban; or
(b) use or cause to be used in the open air on any land any machine or apparatus contrary to any prohibition or restriction in the declaration.
Penalty: Fine not exceeding 200 penalty units.
(1) [Section 72 Subsection (1) omitted by No. 29 of 1995, s. 56 ]. . . . . . . .
(2) *[Section 72 Subsection (2) amended by No. 29 of 1995, s. 56 ]*Where an officer of the Fire Service finds a fire burning on a day of total fire ban (not being a fire excluded from the ban) in a part of the State to which a declaration under section 70 relates, he may, for the purpose of extinguishing the fire or preventing it from spreading, exercise, in addition to the powers conferred on him by any other provision of this Act, such of the powers conferred on the Commission by section 62 (1) as he thinks necessary or expedient.
(3) *[Section 72 Subsection (3) amended by No. 29 of 1995, s. 56 ]*In the exercise of his powers under this section, an officer of the Fire Service may make or give, either orally or in writing, any order, notice, or direction that could, under section 62 , be made or given by the Commission.
(1) A person who finds a fire burning within one and a half kilometres of any land of which he is the owner or occupier, being a fire –
(a) that is burning on a day declared to be a day of total fire ban in the part of the State where that land is situated and is not excluded from the ban; or
(b) that has been lit or is burning in contravention of this Act –
may, subject to this section, enter onto the land on which the fire is burning, with such assistants and equipment, and do all such acts, as may reasonably be necessary for extinguishing the fire or preventing it from spreading.
(2) *[Section 73 Subsection (2) amended by No. 29 of 1995, s. 57 ]*A person shall not enter on land under the authority of subsection (1) on a day other than a day declared to be a day of total fire ban in the part of the State where the land is situated unless he first gives to the brigade chief of the brigade, the headquarters of which is situated nearest to that land, notice of his intention to do so, if it is reasonably practicable for that notice to be given.
(3) *[Section 73 Subsection (3) amended by No. 29 of 1995, s. 57 ]*On receipt of a notice under subsection (2) , the brigade chief may give to the person proposing to enter the land such directions as the brigade chief considers desirable for the prevention of unnecessary damage and for properly extinguishing the fire or for preventing it from spreading, and that person shall comply in all respects with the directions so given.
[Part VA Inserted by No. 20 of 1995, s. 3 and Sched. 1 ]
*[Section 73A Inserted by No. 20 of 1995, s. 3 and Sched. 1 ]*In this Part, unless the contrary intention appears –
corporate plan means the corporate plan approved under section 73E ;
ministerial charter means the charter provided under section 73B ;
Stakeholder Minister has the same meaning as in the Government Business Enterprises Act 1995 ;
statement of corporate intent has the meaning given by section 73G ;
Treasurer's Instructions has the same meaning as in the Government Business Enterprises Act 1995 .
[Section 73B Inserted by No. 20 of 1995, s. 3 and Sched. 1 ]
(1) By 31 December 1995, the Minister must provide the Commission with a ministerial charter.
(2) The Minister may at any time at his or her own discretion or on receipt of the application of the Commission –
(a) amend a ministerial charter; or
(b) revoke a ministerial charter and substitute another ministerial charter.
(3) Before or while preparing a ministerial charter or an amendment to a ministerial charter, the Minister must consult with the Stakeholder Minister and the Commission.
(4) A ministerial charter and any amendment to a ministerial charter is to be in writing and signed by the Minister.
(5) The Minister is to provide a copy of the ministerial charter and any amendment to it to the Stakeholder Minister.
(6) A ministerial charter or any amendment to a ministerial charter takes effect on a day specified in it, being a day not earlier than the day on which it is provided to the Commission.
[Section 73C Inserted by No. 20 of 1995, s. 3 and Sched. 1 ]
(1) A ministerial charter is to specify the broad policy expectations of the Minister for the Commission.
(2) A ministerial charter may limit the functions and powers of the Commission and the performance and exercise of those functions and powers, but –
(a) may not prevent the Commission from performing a function it is required to perform or otherwise complying with this or any Act; and
(b) may not extend the functions and powers of the Commission.
*[Section 73D Inserted by No. 20 of 1995, s. 3 and Sched. 1 ]*The Commission must ensure that the business and affairs of the Commission are conducted in a manner that is consistent with the ministerial charter.
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
This Act may be cited as the Fire Service Act 1979 .
(1) This section and section 1 shall commence on the date of assent to this Act.
(2) Except as provided in subsections (1) , (3) , and (4) , this Act shall commence on a date to be fixed by proclamation.
(3) Sections 79 , 80 , and 81 shall commence on a date to be fixed by proclamation, being a day that is the same as, or that is subsequent to, the date fixed under subsection (2) .
(4) [Section 2 Subsection (4) amended by No. 71 of 1979, s. 4 ]**[Section 2 Subsection (4) amended by No. 12 of 1981, s. 34 and Sched. 1 ] Division 3 of Part VI ( sections 79 , 80 , and 81 excepted), Division 4 of that Part, and section 104 shall commence on 1st July 1980.
[Section 3 Subsection (1) amended by No. 73 of 1981, s. 4 ][Section 3 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 3 Subsection (1) amended by No. 34 of 1984, s. 4 ][Section 3 Subsection (1) amended by No. 51 of 1985, s. 4 and Sched. 2, Pt. II ][Section 3 Subsection (1) amended by No. 3 of 1990, s. 4 ][Section 3 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 3 Subsection (1) amended by No. 42 of 1991, s. 128 ][Section 3 Subsection (1) amended by No. 25 of 1994, s. 45 and Sched. 3 ][Section 3 Subsection (1) amended by No. 29 of 1995, s. 4 ]
(1) *[Section 3 Subsection (1) amended by No. 12 of 1981, s. 4 and s. 34 and Sched. 1 ]*In this Act, unless the contrary intention appears –[Section 3 Subsection (1) amended by No. 37 of 2001, s. 4, Applied:01 Jul 2001]
[Section 3 Subsection (1) amended by No. 57 of 2007, s. 4, Applied:13 Dec 2007] approved form means a form approved or provided by the Commission;
brigade means a fire brigade established and maintained under this Act;
brigade chief means a person appointed as brigade chief under section 26 ;
Chief Officer means the person appointed as Chief Officer under section 10 ;
civil emergency includes –
(a) the escape or potential escape of a non-flammable gas, chemical or other potentially hazardous substance; and
(b) the flooding of a building or public place; and
(c) the stranding or entrapment of a person or an animal; and
(d) such other dangerous or potentially dangerous circumstances as may be prescribed;
Commission means the State Fire Commission established under section 7 ;
Committee means a Fire Management Area Committee established under section 18 in respect of a Fire Management Area;
composite brigade means a brigade consisting of permanent and volunteer members;
[Section 3 Subsection (1) amended by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000]
Council means the State Fire Management Council established under section 14 ;
[Section 3 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] employee means a person who is appointed pursuant to section 24 ;
equipment includes appliances, engines, vehicles, reels, buckets, hoses, ladders, escapes, tanks, tools, radio equipment, and other implements and things used for or in connection with the extinguishing or control of fire or the protection of life or property in the event of a fire occurring;
fire-fighter means a member of a brigade who is not of officer rank;
fire-fighting operation includes any act that is necessary or expedient for the purpose of –
(a) extinguishing a fire; or
(b) preventing the outbreak or spread of a fire; or
(c) protecting people or property from fire; or
(d) preventing or dealing with the spillage of petrol or other flammable liquids; or
(e) preventing or dealing with the escape of flammable gases; or
(f) rendering assistance in a civil emergency; or
(g) providing logistical support to persons who are performing an act of the kind referred to in paragraph (a) , (b) , (c) , (d) , (e) or (f) ; or
(h) carrying out fire safety or fire prevention activities; or
(i) carrying out training activities;
[Section 3 Subsection (1) amended by No. 33 of 2012, s. 4, Applied:30 Apr 2013] fire management means a strategic defined program to manage bushfire fuels;
[Section 3 Subsection (1) amended by No. 33 of 2012, s. 4, Applied:30 Apr 2013] Fire Management Area means a Fire Management Area declared under section 17 ;
fire officer means a member of the Fire Service, other than a group officer or brigade chief, who holds officer rank;
fire permit officer means a person appointed and holding office as a fire permit officer under section 65 ;
fire permit period means a period declared to be a fire permit period under section 61 ;
fire protected area means an area declared to be a fire protected area under section 53 ;
Fire Service means the Tasmania Fire Service established under this Act;
[Section 3 Subsection (1) amended by No. 30 of 1999, s. 15, Applied:01 Jan 2000] [Section 3 Subsection (1) amended by No. 50 of 2013, Sched. 1, Applied:11 Dec 2013]
[Section 3 Subsection (1) amended by No. 50 of 2013, Sched. 1, Applied:11 Dec 2013] forest officer means an employee of the Forestry corporation continued by section 6 of the Forest Management Act 2013 ;
[Section 3 Subsection (1) amended by No. 50 of 2013, Sched. 1, Applied:11 Dec 2013] Forestry corporation means the Forestry corporation continued by section 6 of the Forest Management Act 2013 ;
functions includes duties and responsibilities;
[Section 3 Subsection (1) amended by No. 21 of 2000, s. 8, Applied:01 Jul 2000] goods and services tax means the GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;
group officer means a person appointed as group officer of a group of brigades under section 33 ;
group of brigades means a group of brigades formed under section 33 ;
[Section 3 Subsection (1) amended by No. 37 of 2001, s. 4, Applied:01 Jul 2001] industry brigade means a fire brigade, other than a brigade established and maintained under this Act, formed for the purpose of fighting fires;
local council means a council within the meaning of the Local Government Act 1993 ;
member, in relation to a brigade, means a person holding any position in the brigade, whether as group officer, brigade chief, fire officer or fire-fighter and whether as a permanent or volunteer member or in a full-time or part-time capacity;
member of the Fire Service means –
(a) [Section 3 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] an employee who is a member of a brigade; or
(b) [Section 3 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] an employee who is not a member of a brigade; or
(c) a volunteer member;
municipal area means a municipal area within the meaning of the Local Government Act 1993 ;
occupier includes a person having the care, control, or management of any land or premises;
officer or officer of the Fire Service means a group officer, brigade chief or fire officer;
operational district means a district determined under section 27 ;
owner, in relation to any land or premises, means the person for the time being in the actual receipt of, or entitled to receive, or who, if the land or premises were let to a tenant, would be entitled to receive, the rents and profits of the land or premises, whether as beneficial owner, trustee, executor, mortgagee in possession, or otherwise, and includes any person constituted by any Act, or appointed by the Governor under the authority of any Act, to administer or control any business or undertaking on behalf of the State, but does not include a mesne tenant;
permanent brigade means a brigade consisting mainly of permanent members;
[Section 3 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001]
[Section 3 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] permanent member means a member of a brigade who is an employee appointed pursuant to section 24 ;
potential fire means a situation which could produce an outbreak of fire or which indicates that an outbreak of fire is possible;
powers includes authorities;
premises includes structures;
property means land or personal property, and includes trees, crops, or vegetation growing or standing on any land;
regulations means regulations made under this Act (other than regulations made under section 133 );
ship includes any description of vessel used, or capable of being used, in navigation, however propelled, and whether in the course of construction or completed;
[Section 3 Subsection (1) amended by No. 33 of 2012, s. 4, Applied:30 Apr 2013]
State forest means a State forest within the meaning of the Forestry Act 1920 ;
[Section 3 Subsection (1) amended by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000]
structure includes any building, erection, or other associated work;
vegetation includes trees, bushes, plants, and undergrowth of any kind (whether alive or dead) and any parts of any trees, bushes, plants, or undergrowth (whether severed from the trees, bushes, plants, or undergrowth or not), but does not include trees of such species or sizes as may be prescribed;
[Section 3 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] volunteer means a person who is not a permanent member;
volunteer brigade means a brigade consisting of volunteer members;
[Section 3 Subsection (1) amended by No. 33 of 2012, s. 4, Applied:30 Apr 2013] volunteer member means a member of a brigade who is a volunteer;
[Section 3 Subsection (1) amended by No. 33 of 2012, s. 4, Applied:30 Apr 2013] Wellington Park has the same meaning as in the Wellington Park Act 1993 ;
[Section 3 Subsection (1) amended by No. 33 of 2012, s. 4, Applied:30 Apr 2013] Wellington Park Management Trust means the Wellington Park Management Trust established under section 9 of the Wellington Park Act 1993 .
(2) In relation to any land owned or occupied by the Crown, owner or occupier means such officer as may be prescribed.
(3) A reference in this Act to a fire not being subject to or being excluded from the ban is, in relation to a day of total fire ban, a reference to a fire specified in the declaration declaring that day to be a day of total fire ban as not being subject to the ban.
Except as otherwise expressly provided in this Act, the provisions of this Act relating to restrictions on the lighting of fires do not apply to or in relation to –
(a) the lighting of a fire in a properly constructed fireplace in an enclosed building;
(b) the igniting of any prescribed class of domestic appliance in an enclosed building; or
(c) any other prescribed class of fire or any fire lit for a prescribed purpose.
This Act binds the Crown.
*[Section 6 Amended by No. 29 of 1995, s. 5 ]*There is established by this Act a fire service to be called the "Tasmania Fire Service" which shall be under the control of the Commission.
(1) There is established by this Act a corporation with the corporate name of "State Fire Commission".
(2) The Commission –
(a) has perpetual succession;
(b) shall have an official seal;
(c) may take proceedings, and be proceeded against, in its corporate name;
(d) may, subject to this Act, acquire, hold, and dispose of real and personal property;
(e) may do and suffer all other things that corporations may, by law, do and suffer and that are necessary for or incidental to the purposes for which it is constituted; and
(f) has the functions imposed, and the powers conferred, on it by or under this or any other Act.
(3) *[Section 7 Subsection (3) substituted by No. 29 of 1995, s. 6 ]**[Section 7 Subsection (3) amended by S.R. 1996 No. 127 ]*The Commission consists of –
This is an opening excerpt, not the complete document.