sec.149IPowers of authorised fire officer in dangerous situations

sec.149I Powers of authorised fire officer in dangerous situations

An authorised fire officer may take any reasonable measure— to protect persons, property or the environment from danger or potential danger caused by a fire or a hazardous materials emergency; or to protect persons trapped in any premises or otherwise endangered. Without limiting the measures that may be taken for a purpose described in subsection (1) , an authorised fire officer may for that purpose do any of the following— enter any premises; open any receptacle, using such force as is reasonably necessary; bring any apparatus or equipment onto premises; destroy, damage, remove or otherwise deal with any vegetation or any other material or substance, flammable or not flammable; destroy (wholly or in part) or damage any premises or receptacle; shore up any building; close any road or access, whether public or private; shut off the supply of water from any main, pipe or other source to obtain a greater pressure or supply or take water from any source whether natural or artificial; cause to be shut off or disconnected the supply of gas, electricity or any other source of energy to any premises or area; require any person who, in the opinion of the authorised fire officer, is— the occupier of premises, being the site of or near to the site of the danger; or in charge of anything that is the source of the danger or likely (in the opinion of the officer) to increase the danger; to take any reasonable measure for the purpose of assisting the officer to deal with the danger or answer any question or provide any information for that purpose; require any person not to enter or remain within a specified area around the site of the danger; remove from any place a person who fails to comply with an order given pursuant to paragraph (k) and use such force as is reasonably necessary for that purpose; if unable to identify the person entitled to possession of property found at or near the site of the danger, take possession of the property and retain it for safe custody. The owner of any building shored up pursuant to an exercise of the power conferred by subsection (2) (f) must pay to the commissioner upon demand all reasonable expenses thereby incurred and those expenses may be recovered in a court of competent jurisdiction as a debt due to the State. A local government, other authority or a person supplying water or any source of energy is not liable for any interruption of supply caused by the exercise of the power conferred by subsection (2) (h) or (i) . s 149I (prev s 53) amd 1996 No. 42 s 21 sch 2 ; 2001 No. 76 s 11 sch 2 ; 2002 No. 60 s 16 ; 2006 No. 49 s 5 ; 2014 No. 17 s 184 sch 1 pt 4 ; 2023 No. 11 s 34 s ch 1 pt 1 reloc and renum 2024 No. 22 s 37 (2) (sec.149I-ssec.1) An authorised fire officer may take any reasonable measure— to protect persons, property or the environment from danger or potential danger caused by a fire or a hazardous materials emergency; or to protect persons trapped in any premises or otherwise endangered. (sec.149I-ssec.2) Without limiting the measures that may be taken for a purpose described in subsection (1) , an authorised fire officer may for that purpose do any of the following— enter any premises; open any receptacle, using such force as is reasonably necessary; bring any apparatus or equipment onto premises; destroy, damage, remove or otherwise deal with any vegetation or any other material or substance, flammable or not flammable; destroy (wholly or in part) or damage any premises or receptacle; shore up any building; close any road or access, whether public or private; shut off the supply of water from any main, pipe or other source to obtain a greater pressure or supply or take water from any source whether natural or artificial; cause to be shut off or disconnected the supply of gas, electricity or any other source of energy to any premises or area; require any person who, in the opinion of the authorised fire officer, is— the occupier of premises, being the site of or near to the site of the danger; or in charge of anything that is the source of the danger or likely (in the opinion of the officer) to increase the danger; to take any reasonable measure for the purpose of assisting the officer to deal with the danger or answer any question or provide any information for that purpose; require any person not to enter or remain within a specified area around the site of the danger; remove from any place a person who fails to comply with an order given pursuant to paragraph (k) and use such force as is reasonably necessary for that purpose; if unable to identify the person entitled to possession of property found at or near the site of the danger, take possession of the property and retain it for safe custody. (sec.149I-ssec.3) The owner of any building shored up pursuant to an exercise of the power conferred by subsection (2) (f) must pay to the commissioner upon demand all reasonable expenses thereby incurred and those expenses may be recovered in a court of competent jurisdiction as a debt due to the State. (sec.149I-ssec.4) A local government, other authority or a person supplying water or any source of energy is not liable for any interruption of supply caused by the exercise of the power conferred by subsection (2) (h) or (i) .