This compilation was prepared on 31 August 2005
taking into account amendments up to Rural Fires Amendment
Ordinance 2004 (No. 1)
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
1 Name of Ordinance [see Note 1]
2 Commencement [see Note 1]
3 Interpretation
4 Application in the Territory of certain laws of New South Wales
5 Interpretation of applied NSW laws
6 Repeal
Schedule 1 Modification of NSW law
Part 1 Rural Fires Act 1997
Part 2 Rural Fires Regulation 1997
Notes
An Ordinance to provide for fire management services and for related purposes
1 Name of Ordinance [see Note 1]
This Ordinance is the Rural Fires Ordinance 2001.
2 Commencement [see Note 1]
This Ordinance commences on gazettal.
3 Interpretation
In this Ordinance:
applied NSW law means a law of New South Wales mentioned in section 4 in its application in the Territory.
4 Application in the Territory of certain laws of New South Wales
The Rural Fires Act 1997 of New South Wales and the Rural Fires Regulation 1997 of New South Wales, as in force at the commencement of this Ordinance, apply in the Territory as laws of the Territory, subject to the modifications set out in Schedule 1.
5 Interpretation of applied NSW laws
The Interpretation Act 1987 of New South Wales has effect for the interpretation of an applied NSW law.
6 Repeal
The following ordinances are repealed:
Fire Management Ordinance 1997
Fire Management (Amendment) Ordinance 1997.
Schedule 1 Modification of NSW law
(section 4)
Part 1 Rural Fires Act 1997
1 Long title
omit
2 Part 1, note
omit
3 Section 1
after
1997
insert
(NSW) (JBT)
4 Section 2
omit
5 Subsection 4 (1), note
omit
6 Subsection 4 (2)
after
Act 1989
insert
of New South Wales
7 Subsection 4 (3), note
omit
8 Sections 6 and 7
substitute
7 Delegation
The Minister may, by signed instrument, delegate any of his or her powers or functions under this Act, other than this power of delegation, to any member of the Territory Rural Fire Service or the NSW Rural Fire Service.
9 Part 2, note
substitute
Note This Part establishes the Territory Rural Fire Service, and provides for its composition, functions and management. The Service is to be managed and controlled by the Minister. The Minister is responsible for issuing the Service Standards, which are the guidelines in respect of the standard operating procedures to be followed by members of the Service.
10 Paragraph 8 (2) (a)
omit
Commissioner and other
11 Paragraph 9 (1) (b)
after
those organisations,
insert
including incidents and emergencies in New South Wales,
12 Paragraph 9 (1) (b), note
omit
13 Paragraph 9 (1) (b1)
omit
14 Subsections 9 (2) and (3)
omit
15 Paragraph 9 (4) (c)
omit
16 Part 2, Division 2, heading
substitute
Division 2 Staff of the Service
17 Sections 10 and 11
substitute
10 Appointment of fire control officer and deputy fire control officer
The Minister may appoint:
(a) a person as the fire control officer for the Territory; and
(b) persons as deputy fire control officers for the Territory.
18 Section 12A
omit
19 Subsection 13 (3)
omit
20 Section 14
omit
21 Subsections 15 (1) and (2)
substitute
(1) The Minister may form 1 or more rural fire brigades for the Territory.
22 Subsection 15 (3)
omit
on the initiative of the local authority or local authorities concerned or
23 Subsection 15 (4)
omit
24 Section 17
omit
25 Section 18, note
omit
26 Subsection 21 (2)
substitute
(2) An officer of a rural fire brigade or group of rural fire brigades may exercise a function, conferred or imposed on the officer, at a fire, incident or other emergency in the Territory.
27 Section 27
omit
28 Part 2, Division 4, heading
substitute
Division 4 Fire control officer
29 Sections 36 and 37
substitute
37 Responsibility of fire control officer
The fire control officer is, subject to any direction of the Minister, responsible for the control and coordination of the activities of the Service in the Territory.
30 Part 3, note
omit
31 Subsections 44 (2) and (3)
substitute
(2) A person (the first delegate) to whom powers or functions under this Division have been delegated by the Minister under section 7 may, in writing, delegate any of those powers or functions to another person (the second delegate).
(3) For subsection (2), the second delegate must be an officer or member of the Territory Rural Fire Service, an officer or member of the NSW Rural Fire Service, an officer of the Forestry Commission or an officer of the National Parks and Wildlife Service.
(4) If the first delegate is subject to directions in relation to the exercise of a power or function delegated under subsection (2), the first delegate must give corresponding directions to the second delegate.
(5) A power or function that is exercised or performed by a person under a delegation under subsection (2) is taken, for the Act, to have been exercised or performed by the person who originally delegated the corresponding power or function under section 7.
32 Subsection 45 (1)
omit
local authorities, officers or members of New South Wales Fire Brigades,
33 Part 3, Divisions 2, 3, 4 and 5
omit
34 Subsection 63 (4)
omit
35 Subsection 63 (5)
substitute
(5) In this section:
notified steps means any steps that are included in a bush fire risk management plan applying to the land.
36 Subsection 64 (2)
substitute
(2) In this section:
appropriate officer means the nearest available officer or member of a rural fire brigade, fire control officer or deputy fire control officer or employee of the Department administered by the Minister.
37 Paragraphs 65 (1) (b) and (c)
omit
38 Subsection 66 (5)
substitute
(5) The requirements and conditions specified:
(a) must include any requirements specified in a bush fire risk management plan that is applicable to the land and is in force; and
(b) may include a requirement or condition that the burning of fire breaks or of combustible matter or other material must be carried out by or under the supervision of:
(i) the rural fire brigade specified in the notice; or
(ii) an appropriate officer of the rural fire brigade; or
(iii) any fire control officer.
39 Subsection 66 (6), note
omit
40 Subsection 66 (8)
omit
or 68
41 Subsections 67 (5) and (6)
omit
42 Section 68
omit
43 Subsection 69 (3)
omit
within the area of the local authority
44 Subsection 69 (3), note
omit
45 Subsection 70 (2)
omit
fire brigade or
46 Subsection 70 (5)
omit
47 Sections 73 and 74
omit
48 Subsection 76 (6)
omit
other than a local authority
49 Section 80
omit
50 Sections 81, 82, 83 and 84
substitute
81 Bush fire danger period
(1) For this Act, the bush fire danger period for the Territory is:
(a) the period starting on 1 October and ending on 31 March in the following year; or
(b) if the Shoalhaven City Council specifies a different bushfire danger period for its local authority area — that period.
(2) However, if the Shoalhaven City Council declares that there is no bush fire danger period for its local authority area, that declaration is also taken to have effect, according to its terms, for the Territory.
51 Section 85, definition of appropriate authority
substitute
appropriate authority, for a fire permit, means the Minister.
52 Section 88, heading
substitute
88 Lighting fires that are dangerous to buildings
53 Subsection 88 (1)
omit
within a local government area that is in a fire district
54 Subsection 92 (1), note
omit
55 Paragraph 93 (b)
omit
56 Subsections 94 (1) and 95 (2)
omit
57 Sections 96 and 97
omit
58 Subsections 99 (2), (3), (4) and (5)
substitute
(2) An order in force under subsection (1) of the Rural Fires Act 1997 of New South Wales for the Shoalhaven Rural Fire District is taken to be an order by the Minister for the Territory.
59 Parts 5 and 6
omit
60 Section 126, heading
substitute
126 Information to be given to the Minister
61 Paragraphs 128 (2) (a), (d), (d1) and (e)
omit
62 Subsection 128 (2), note
omit
63 Subsection 134 (2)
omit
64 Sections 136, 137 and 139
omit
65 Schedules 1, 2 and 3
omit
66 Dictionary, definitions of Advisory Council, area and brigade member
omit
67 Dictionary, definition of bush fire danger period
omit
or 82
68 Dictionary, definitions of bush fire management plan, bush fire risk management plan, combat agency, Commissioner, Co-ordinating Committee, council, Crown land, Displan, emergency, emergency services organisation, fire brigade, fire control officer and fire district
omit
69 Dictionary, definition of fire fighting authority, paragraphs (b), (c) and (d)
omit
70 Dictionary, definitions of Fund, insurance company and local authority
omit
71 Dictionary, definition of managed land
substitute
managed land means land that is prescribed by the regulations for this definition.
72 Dictionary, definition of Management Committee
omit
72A Dictionary, after definition of members
insert
National Parks and Wildlife Service means the National Parks and Wildlife Service of New South Wales.
NSW Rural Fire Service means the NSW Rural Fire Service established under Part 2 of the Rural Fires Act 1997 of New South Wales.
73 Dictionary, definition of owner, subparagraphs (b) (iii) and (iv)
omit
74 Dictionary, definition of owner, paragraph (c)
omit
75 Dictionary, definition of public authority, paragraph (a)
omit
or local
76 Dictionary, definition of public authority, paragraph (d)
omit
77 Dictionary, definitions of rural fire district and Western Division
omit
78 Further modifications
Provision
omit each occurrence of
insert
Paragraph 3 (a)
local government areas (or parts of areas) and other parts of the State constituted as rural fire districts
the Territory
Paragraph 3 (b)
State
Territory
Paragraph 3 (d)
section 6 (2) of the Protection of the Environment Administration Act 1991
section 3A of the Environment Protection and Biodiversity Conservation Act 1999
Part 2, heading
NSW
Territory
Section 8, heading
NSW
Territory
Subsections 8 (1) and 9 (1)
NSW
Territory
Paragraph 9 (1) (a)
New South Wales
the Territory
Paragraphs 9 (4) (a) and (b)
rural fire districts
the Territory
Section 12, heading
Commissioner
Minister
Subsections 12 (1) and (2)
Commissioner
Minister
Subsection 12 (2)
, fire control officers and deputy fire control officers
(including the fire control officers and deputy fire control officers)
Subsections 12 (3), (4) and (5)
Commissioner
Minister
Subsection 12 (5)
Crown
Commonwealth
Subsection 13 (1)
Commissioner
Minister
Section 16
a rural fire district
the Territory
Section 18
body or person that
person who
Subsection 20 (1)
body or person that
person who
Subsection 21 (3)
State, a Minister of the State or a local authority
Commonwealth
Subsections 22 (1) and (2A)
Commissioner
Minister
Paragraph 29 (1) (c)
Commissioner
Minister
Subsections 31 (1), (2) and (3)
Commissioner
Minister
Paragraph 32 (2) (f)
Commissioner
Minister
Subsection 33 (1)
Commissioner
Minister
Paragraphs 34 (2) (a) and (b)
a fire
the fire
Subsection 35 (1)
Commissioner
Minister
Subsection 38 (1)
A fire control officer appointed under this Part
The fire control officer
Subsection 38 (2)
A fire
The fire
Paragraph 38 (2) (a)
rural fire district for which the fire control officer has been appointed
Territory
Paragraphs 38 (2) (b), (c) and (d)
rural fire district
Territory
Subsection 38 (4)
A fire
The fire
Section 39, heading
Commissioner
Minister
Subsections 39 (1) and (2)
Commissioner
Minister
Subsection 41 (1)
of the Police Service
or special member of the Australian Federal Police
Paragraph 41 (1) (a)
Commissioner
Minister
Subsection 41 (2)
of the Police Service
or special member of the Australian Federal Police
Section 42, heading
Commissioner
Minister
Section 42
Commissioner, a
Minister, the
Section 42
Commissioner’s
Minister’s
Subsections 43 (1) and (3)
a rural fire district
the Territory
Subsection 43 (4), definition of interstate fire brigade
New South Wales
the Territory
Part 3, Division 1, heading
Commissioner
Minister
Section 44, heading
Commissioner’s
Minister’s
Subsection 44 (1)
Commissioner
Minister
Subsection 44 (1)
State
Territory
Subsection 45 (1)
Commissioner
Minister
Subsection 45 (1)
to fire control officers
to the fire control officer
Subsection 45 (1)
of the Police Service
or special members of the Australian Federal Police
Subsection 45 (2)
Commissioner
Minister
Subsection 45 (2)
State
Territory
Subsection 45 (2)
rural fire district for which the brigade is formed
Territory
Subsections 45 (3) and (5)
Commissioner
Minister
Part 4, note
State
Territory
Section 65, heading
Crown
Commonwealth
Subsection 65 (1), definition of authorised person, paragraph (a)
local authority for the area in which the land is situated
Minister
Subsections 65 (2) and (3)
Crown
Commonwealth
Section 66, heading
local authorities
the Minister
Subsection 66 (1)
local authority of an area
Minister
Subsection 66 (1)
within the area
in the Territory
Subsection 66 (2)
local authority
Minister
Paragraph 66 (6) (b)
Threatened Species Conservation Act 1995
Environment Protection and Biodiversity Conservation Act 1999
Subsection 67 (1)
local authority for the area in which the land is situated
Minister
Subsections 67 (2), (3) and (4)
local authority
Minister
Section 69, heading
local authority
Minister
Subsection 69 (1)
fire control officer for a local authority, or an officer or member of a fire brigade or other person authorised by the local authority,
Minister
Paragraph 69 (1) (a)
local authority
Minister
Subsection 69 (2)
A local authority that
If the Minister
Subsection 69 (2)
reduction notice
reduction notice, the Minister
Subsection 69 (3)
a local authority
the Minister
Subsection 70 (1), definition of relevant notice, paragraph (b)
or appeal, a notice under section 67 (4) or 68 (4), respectively
under section 67 (4)
Subsections 70 (2) and (4)
local authority
Minister
Subsection 70 (4)
its
his or her
Paragraph 76 (2) (b)
a Local
the Magistrates
Subsection 76 (4)
Local
Magistrates
Subsection 77 (3)
a Local
the Magistrates
Section 78, heading
Local
Magistrates
Section 78
A Local
The Magistrates
Paragraph 88 (1) (a)
an officer of New South Wales Fire Brigades
the Minister
Subsection 88 (2)
within a local government area that is in a fire district
in the Territory
Subsection 99 (1)
State
Territory
Paragraphs 100 (1) (a) and (b)
Crown
Commonwealth
Section 125
New South Wales
the Commonwealth
Section 126
Commissioner or Bush Fire Co-ordinating Committee
Minister
Subsection 128 (2), definition of protected person or body, paragraph (b)
Commissioner
Minister
Subsection 129 (1)
Commissioner
Minister
Subsection 129 (2)
Commissioner’s
Minister’s
Subsection 134 (1)
a Local Court constituted by a Magistrate sitting alone
the Magistrate’s Court
Subsection 135 (1)
Governor
Minister
Paragraph 135 (2) (a)
of fire control officers
of the fire control officer
Dictionary, definition of members
NSW
Territory
Dictionary, definition of officer
Commissioner
Minister
Dictionary, definition of officer in charge, paragraphs (a) and (b)
Commissioner
Minister
Dictionary, definition of owner, paragraphs (a) and (b)
Crown
Commonwealth
Dictionary, definition of public authority, paragraph (c)
Crown
Commonwealth
Dictionary, definition of Service
NSW
Territory
Dictionary, definition of Service Standards
Commissioner
Minister
Dictionary, definition of unoccupied Crown land
Crown
Commonwealth
Part 2 Rural Fires Regulation 1997
79 Clause 1
after
1997
insert
(NSW) (JBT)
80 Clause 2
omit
81 Clause 3, definition of appropriate appeal authority
omit
82 Clause 3, definition of appropriate disciplinary authority, paragraph (a)
omit
for a rural fire district
83 Clause 3, definitions of forestry land and NPWS land
omit
84 Clause 3, definition of responsible authority
substitute
responsible authority means the Minister.
85 Clause 3, definition of the Act
after
1997
insert
(NSW) (JBT)
86 Paragraph 8 (2) (c)
substitute
(c) is convicted of an offence that would be punishable by imprisonment for at least 12 months if committed in the Territory, or
87 Clause 13
omit
88 Part 3
omit
89 Clause 19, heading
omit
inside rural fire districts
90 Clause 19
omit
inside a rural fire district
91 Clauses 31 and 32
omit
92 Clause 35
omit
, the Commissioner, the Bush Fire Co‑ordinating Committee
93 Clauses 36 and 37
substitute
36 Bush fire hazard reduction work required by the Minister
For section 69 (2) of the Act, if the land is within 8 kilometres (or other distance specified in a bush fire management plan applying to the land) of Commonwealth land, the Minister must give a copy of the notice to an officer of the authority responsible for the Commonwealth land within 24 hours after giving the bush fire hazard reduction notice.
37 Bush fire hazard reduction work in default of compliance with notice
A person who is authorised under section 70 of the Act to enter land and light a fire on land that is within 8 kilometres (or other distance specified in a bush fire management plan applying to the land) of Commonwealth land, must, at least 24 hours before the land is to be entered, give written notice, stating the time at which or the period within which the fire is to be lit, to an officer of the authority responsible for the Commonwealth land.
94 Paragraph 39 (1) (b)
substitute
(b) for a function mentioned in subclause (2) (c) — it is exercised in accordance with an agreement between the fire control officer and the Minister.
95 Paragraph 39 (2) (a)
omit
96 Clauses 41, 45 and 46
omit
97 Schedule 1
omit
98 Schedule 2, Part 1, heading
substitute
Part 1 Offences under the Act
99 Schedule 2, Part 2, heading
substitute
Part 2 Offences under this Regulation
100 Further modifications
Provision
omit each occurrence of
insert
Subclauses 9 (1), (2) and (3)
appropriate appeal authority
Administrative Appeals Tribunal
Clause 19
local authority for the area
Minister
Paragraphs 20 (1) (d) and 27 (2) (a)
local authority for the area
Minister
Paragraphs 29 (1) (g) and (3) (a)
New South Wales
the Territory
Paragraph 30 (3) (b)
relevant local authority
Minister
Clause 33
of NPWS land or forestry
of Commonwealth
Clause 33
National Parks and Wildlife Service or Forestry Commission responsible for the NPWS land or forestry land
authority responsible for the Commonwealth land
Subclause 34 (1)
Bush Fire Management Committee or Commissioner, as the case requires
Minister
Subclause 34 (2)
Bush Fire Management Committee or Commissioner
Minister
Subclause 34 (2)
the Committee or Commissioner
the Minister
Clause 36, heading
local authorities
the Minister
Paragraph 38 (b)
a local authority
the Commonwealth
Paragraph 38 (c)
Crown
Commonwealth
Paragraph 39 (2) (c)
Commissioner of NSW Fire Brigades
Minister
Paragraph 39 (2) (c)
Commissioner
Minister
Paragraph 39 (2) (d)
Police Service
Australian Federal Police
Paragraph 40 (2) (b)
a local authority
the Minister
Paragraph 42 (c)
a fire control
the fire control
Subclauses 43 (1) and (2)
Commissioner
Minister
Clause 44
Commissioner
Minister
Notes to the Rural Fires Ordinance 2001
Note 1
Note: The Rural Fires Ordinance 2001 (in force under the Jervis Bay Territory Acceptance Act 1915) as shown in this compilation comprise Ordinance No. 2 of 2001 amended as indicated in the Tables below.