44Commissioner’s responsibility

#### 44 Commissioner’s responsibility 44 Commissioner’s responsibility > > (1) The Commissioner is to take charge of bush fire fighting operations and bush fire prevention measures and to take such measures as the Commissioner considers necessary to control or suppress any bush fire in any part of the State if, in the opinion of the Commissioner— > > > > > (a) a bush fire has assumed or is likely to assume such proportions as to be incapable of control or suppression by the fire fighting authority or authorities in whose area or locality it is burning, or > > > > > (b) the prevailing conditions are conducive to the outbreak of a bush fire likely to assume such proportions, or > > > > > (c) a bush fire is not being effectively controlled or suppressed by the fire fighting authority or authorities in whose area or locality it is burning, or > > > > > (d) a bush fire is burning in a place that is not the responsibility of any fire fighting authority. > > > (2) (Repealed) > > > (3) The Commissioner is not subject to the control and direction of the Bush Fire Co-ordinating Committee in exercising the Commissioner’s functions under this Division but must, in exercising those functions, take into consideration any relevant bush fire management plan and, in the case of managed land, any relevant plan of the authority responsible for the managed land of which the Commissioner is aware. > > **s 44:** Am 2009 No 74, Sch 1 \[4\]; 2012 No 103, Sch 2 \[3\]; 2015 No 58, Sch 3.77 \[4\]; 2018 No 59, Sch 2 \[6\].