61ECompliance with operational standards of Emergency Management Commissioner

61E Compliance with operational standards of Emergency Management Commissioner The Secretary must use its best endeavours to carry out its functions in accordance with the operational standards developed by the Emergency Management Commissioner under the **Emergency Management Act 2013**. S. 61EA inserted by No. 73/2013 s. 86 (as amended by No. 41/2014 s. 14). 61EA Report on compliance with operational standards developed by the Emergency Management Commissioner (1) The Secretary must, at the expiration of each period of 6 months, report in writing on the action it has taken during the preceding 6 months to comply with the operational standards developed by the Emergency Management Commissioner under the **Emergency Management Act 2013**. (2) A copy of the report prepared by the Secretary under subsection (1) must be given to the Emergency Management Commissioner. S. 61EB inserted by No. 73/2013 s. 86 (as amended by No. 41/2014 s. 14). 61EB Strategic Action Plan (1) The Secretary must implement the applicable work program to give effect to the Strategic Action Plan. (2) The Secretary must prepare a written report on the progress made, and achievements attained, by the Secretary to give effect to the Strategic Action Plan at intervals determined by the State Crisis and Resilience Council. (3) The intervals must not be less than one a year. (4) The Secretary must give a copy of a report prepared by the Secretary under subsection (2) to the State Crisis and Resilience Council and the Inspector-General for Emergency Management. S. 61F inserted by No. 73/2010 s. 50. 61F Compliance with incident management operating procedures The Secretary must comply with any incident management operating procedures. S. 62 substituted by No. 8587 s. 7. 62 Declaration of protected public lands S. 62(1) amended by No. 10087 s. 3(1)(Sch. 1 item 88). (1) On the recommendation of the Minister the Governor in Council may by Order published in the Government Gazette declare any lands of the Crown not being within a State forest or a national park to be protected public land and may by the like Order revoke or vary any Order so made. S. 62(1A) inserted by No. 9114 s. 22(b). (1A) Where— S. 62(1A)(a) repealed by No. 64/2004 s. 35. S. 62(1A)(b) amended by Nos 10073 s. 15, 41/1987 s. 116(9), 66/2000 s. 55(a), 19/2018 s. 127(1), 42/2021 s. 80(a). (b) the land is being managed by Parks Victoria or the Great Ocean Road Coast and Parks Authority pursuant to an agreement under section 19A or 19C of the **National Parks Act 1975**, the land shall be deemed to be protected public land; S. 62(1A)(c) inserted by No. 9247 s. 17, amended by Nos 10166 s. 22(a)(b), 46/1998 s. 7(Sch. 1), 66/2000 s. 55(b)(i)(ii), 19/2018 s. 127(2), 42/2021 s. 80(b). (c) the land is being managed by Parks Victoria or the Great Ocean Road Coast and Parks Authority pursuant to section 19AA, 19E or 32AA of the **National Parks Act 1975**, the land shall be deemed to be protected public land for as long as Parks Victoria or the Great Ocean Road Coast and Parks Authority manages the land pursuant to section 19AA, 19E or 32AA (as the case requires); S. 62(1A)(d) inserted by No. 9247 s. 17, amended by No. 41/1987 s. 116(9), substituted by Nos 66/2000 s. 55(c), 50/2002 s. 27, amended by No. 60/2005 s. 36, substituted by No. 19/2018 s. 127(3). (d) the land is placed under the control and management of— S. 62 (1A)(d)(iaa) inserted by No. 47/2025 s. 27(a). (iaa) Parks Victoria by an Order made under section 18(1) of the **Crown Land (Reserves) Act 1978**; or S. 62(1A)(d)(i) amended by No. 47/2025 s. 27(b). (i) Parks Victoria under section 18(1A) of the **Crown Land (Reserves) Act 1978** for the purposes of section 19B of the **National Parks Act 1975**— S. 62(1A)(d)(ii) repealed by No. 47/2025 s. 27(c). S. 62(1A)(d)(iii) amended by No. 42/2021 s. 80(c), repealed by No. 47/2025 s. 27(c). the land is taken to be protected public land; S. 62(1A)(e) inserted by No. 9974 s. 43, amended by No. 61/1993 s. 34(c), substituted by No. 89/1997 s. 72(1), amended by Nos 9/2022 s. 42, 13/2024 s. 3(Sch. 1 item 5). (e) the land is under the control and management of Alpine Resorts Victoria within the meaning of the **Alpine Resorts (Management) Act 1997**, the land shall be deemed to be protected public land for so long as Alpine Resorts Victoria manages the land. S. 62(1A)(f) inserted by No. 61/1993 s. 34(c), repealed by No. 35/1998 s. 15(2). S. 62(1B) inserted by No. 96/1994 s. 53, repealed by No. 89/1997 s. 72(2). S. 62(2) amended by Nos 41/1987 s. 103(Sch. 4 item 24.63), 76/1998 s. 10(1)(o), substituted by No. 73/2010 s. 51. (2) Despite anything to the contrary in any other Act or law, the Secretary must carry out proper and sufficient work in State forests, national parks and on protected public land— (a) for the immediate prevention and suppression of fire; and (b) for the planned prevention of fire. S. 62(3) inserted by No. 73/2010 s. 51, substituted by No. 7/2012 s. 25. (3) The Secretary must not carry out work of a kind specified under subsection (2)(b) on protected public land not managed and controlled by the Secretary, unless the Secretary has consulted about the work proposed to be undertaken with the person or body responsible, under the Act under which the land is managed and controlled, for the management and control of the land. S. 62AA inserted by No. 73/2010 s. 52. 62AA Duty to warn the community (1) The Secretary must issue warnings and provide information in relation to fires in State forests, national parks and on protected public land if— S. 62AA(1)(a) repealed by No. 73/2013 s. 87(a). (b) the Secretary considers that the issuing of warnings or the provision of information is necessary for the purposes of protecting life and property. S. 62AA(2) amended by No. 73/2013 s. 87(b). (2) The Secretary must have regard to any guidelines, procedures or operating protocols issued by the Emergency Management Commissioner under section 44 of the **Emergency Management Act 2013** for the purposes of carrying out a duty under subsection (1). S. 62A inserted by No. 48/2004 s. 112. 62A Secretary may apply and use fire for land and resource management (1) Subject to this Act, the Secretary may, in a State forest or national park, or on protected public land, apply and use fire for the following purposes— (a) as part of silvicultural activities undertaken in the State forest or on protected public land; (b) to control pest animals and pest plants in the State forest, national park or on protected public land; (c) to maintain, manage, protect or enhance the ecology of, or land or vegetation in, the State forest, national park or on protected public land. (2) In applying and using fire in a State forest or national park, or on protected public land, the Secretary must have regard to any relevant Code of Practice. S. 62B inserted by No. 48/2004 s. 112. 62B Agreement required for Secretary to apply or use fire in national parks or on protected public land The Secretary must not apply or use fire in a national park or on protected public land for any purpose set out in section 62A(1) unless the person or body that has management and control of the national park or protected public land agrees to its application or use. S. 62C (Heading) amended by No. 19/2018 s. 128(1). S. 62C inserted by No. 48/2004 s. 112, amended by No. 35/2020 s. 51 (ILA s. 39B(1)). 62C Secretary may enter into agreements and arrangements relating to the prevention and suppression of fires and recovery from fires (1) The Secretary may enter into an agreement or arrangement with any person or body in Victoria or elsewhere— S. 62C(a) amended by No. 19/2018 s. 128(2). (a) for assistance in the prevention and suppression of fire and recovery from fire; S. 62C(b) amended by No. 19/2018 s. 128(2). (b) relating to research into the prevention and suppression of fire and recovery from fire; S. 62C(c) amended by No. 19/2018 s. 128(2). (c) for training in relation to the prevention and suppression of fire and recovery from fire; S. 62C(d) amended by No. 19/2018 s. 128(2). (d) for the supply of fire fighting equipment and apparatus and systems used in the prevention and suppression of fire and recovery from fire; S. 62C(e) amended by No. 19/2018 s. 128(2). (e) for the provision by the Secretary of goods or services relating to the prevention and suppression of fire and recovery from fire. S. 62C(2) inserted by No. 35/2020 s. 51. (2) The Secretary may enter into an agreement or arrangement with Fire Rescue Victoria to enable any specified person, in the circumstances specified in the agreement or arrangement— (a) to exercise under section 32B(3)(a), (c), (d) and (e) of the **Fire Rescue Victoria Act 1958** the powers of a senior member of the operational staff in relation to the scene of an alarm of fire in the Fire Rescue Victoria fire district, to the extent authorised by the agreement or arrangement; and (b) to carry out activities relating to the exercise of powers under section 32B(3)(a), (c), (d) and (e) of the **Fire Rescue Victoria Act 1958** in the Fire Rescue Victoria fire district, to the extent authorised by the agreement or arrangement. S. 62C(3) inserted by No. 35/2020 s. 51. (3) If the Secretary enters into an agreement or arrangement under subsection (2), each specified person, in the circumstances specified in the agreement or arrangement— (a) has and may exercise under section 32B(3)(a), (c), (d) and (e) of the **Fire Rescue Victoria Act 1958** the powers of a senior member of the operational staff in relation to the scene of an alarm of fire in the Fire Rescue Victoria fire district, to the extent authorised by the agreement or arrangement; and (b) may carry out activities relating to the exercise of powers under section 32B(3)(a), (c), (d) and (e) of the **Fire Rescue Victoria Act 1958** in the Fire Rescue Victoria fire district, to the extent authorised by the agreement or arrangement. The effect of this subsection is that the powers that may be exercised and the activities that may be carried out by a specified person depend on the existence and terms of an agreement or arrangement under subsection (2). S. 62C(3A) inserted by No. 35/2020 s. 51. (3A) The Secretary must publish an agreement or arrangement entered into under subsection (2) on the Department's website. S. 62C(4) inserted by No. 35/2020 s. 51. (4) In this section— ***alarm of fire*** has the same meaning as in section 32A of the **Fire Rescue Victoria Act 1958**; S. 62C(4) def. of *Fire Rescue Victoria* repealed by No. 46/2021 s. 5. ***Fire Rescue Victoria fire district*** has the same meaning as in section 3(1) of the **Fire Rescue Victoria Act 1958**; ***senior member of the operational staff***, in relation to the scene of an alarm of fire, has the same meaning as in section 32B(6) of the **Fire Rescue Victoria Act 1958**; S. 62C(4) def. of *specified person* amended by No. 42/2021 s. 81. ***specified person*** means any of the following— (a) the Secretary; (b) an authorised officer; (c) a person employed under section 27 or 28 of the **Parks Victoria Act 2018**; (ca) a person appointed or employed under section 50 or 51 of the **Great Ocean Road and Environs Protection Act 2020**; (d) a person employed in the Department under Part 3 of the **Public Administration Act 2004** by the Department Head of the Department within the meaning of that Act; (e) a person engaged by the Secretary under subsection (1). S. 62C(5) inserted by No. 35/2020 s. 51. (5) The operation of section 32B of the **Fire Rescue Victoria Act 1958** is subject to this section. No. 6073 s. 63.