Fire Service Act 1979 (Tas)

Fire Service Act 1979

An Act to amalgamate fire services in the State, to consolidate and amend the law relating to preventing and extinguishing fires and the protection of life and property from fire, to make provision with respect to incidental matters, and to amend and repeal certain enactments [Royal Assent 19 July 1979]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART I - Preliminary

1. Short title This Act may be cited as the Fire Service Act 1979 .

2. Commencement (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) 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.

3. Interpretation (1) In this Act, unless the contrary intention appears – 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; Council means the State Fire Management Council established under section 14 ; 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; fire management means a strategic defined program to manage bushfire fuels; 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; forest officer means an employee of the Forestry corporation continued by section 6 of the Forest Management Act 2013 ; Forestry corporation means the Forestry corporation continued by section 6 of the Forest Management Act 2013 ; functions includes duties and responsibilities; 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 ; 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) an employee who is a member of a brigade; or (b) 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; 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; State forest means a State forest within the meaning of the Forestry Act 1920 ; 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; volunteer means a person who is not a permanent member; volunteer brigade means a brigade consisting of volunteer members; volunteer member means a member of a brigade who is a volunteer; Wellington Park has the same meaning as in the Wellington Park Act 1993 ; 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.