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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Fire and Emergency Services (Review) Amendment
Bill 2009
A BILL FOR
An Act to amend the Fire and Emergency Services
Act 2005.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Fire and Emergency Services
Act 2005
4 Amendment of long title
5 Amendment of section
3—Interpretation
6 Insertion of section 4A
4A Areas
of urban bushfire risk
7 Amendment of section 8—Functions and
powers
8 Amendment of section 10—Establishment of Board
9 Amendment
of section 11—Constitution of Board
10 Amendment of section
14—Proceedings
11 Repeal of section 15
12 Amendment of section
16—Chief Executive
13 Insertion of section
17A
17A Workforce plans
14 Substitution of Part 2
Division 5
Division
5—Committees
19 Committees
15 Amendment of
section 42—Powers
16 Amendment of section 48—Suspension
pending hearing of complaint
17 Amendment of
section 49—Appeals
18 Amendment of
section 50—Representation of parties
19 Amendment of
section 51—Participation of assessors in appeals
20 Repeal of
section 56
21 Amendment of section 68—Establishment of
SACFS
22 Amendment of section 69—Country Fire Service Volunteers
Association
23 Substitution of Part 4 Division 7
Division 7—Fire prevention authorities—country areas and urban
bushfire risk areas
Subdivision 1—State Bushfire Coordination
Committee
71 State Bushfire Coordination
Committee
71A Functions of State Bushfire Coordination
Committee
71B Power of
delegation
71C Use of
facilities
71D Validity of
acts
71E Annual
reports
71F Specific reports
Subdivision 2—Bushfire management
committees
72 Establishment of bushfire management
areas
72A Establishment of bushfire management
committees
72B Functions of bushfire management
committees
72C Power of
delegation
72D Use of
facilities
72E Validity of acts
Division 7A—Bushfire management plans
73 State
Bushfire Management Plan
73A Bushfire Management Area
Plans
24 Amendment of section 78—Fire danger
season
25 Amendment of section 79—Fires during fire danger
season
26 Amendment of section 81—Permit to light and maintain a
fire
27 Repeal of Part 4 Division 8 Subdivision 5
28 Repeal of section
88
29 Amendment of section 89—Restriction on use of certain appliances
etc
30 Repeal of section 90
31 Amendment of section 91—Duty to
report unattended fires
32 Repeal of section 92
33 Insertion of section
95A
95A Other regulatory provisions
34 Amendment of
section 101—Annual reports
35 Insertion of Part 4A
Part 4A—Fire prevention
Division
1—Interpretation
105A Interpretation
Division 2—Fire prevention officers
105B Fire
prevention officers
105C Functions of fire prevention
officers
105D Delegations
105E Reports
Division 3—Duties to prevent fires
105F Private
land
105G Council
land
105H Crown land
Division 4—Related provisions
105I Additional
provision in relation to powers of authorised
persons
105J Review by Chief
Officer
36 Amendment of section 116—SASES
units
37 Amendment of section 127—Protection from
liability
38 Amendment of section 148—Regulations
39 Repeal of
section 149
40 Amendment of Schedule 1—Appointment and selection
of assessors for appeals under Part 3
41 Repeal of Schedule 3
42 Repeal of
Schedule 4
43 Amendment of Schedule 5—Regulations
Schedule 1—Transitional
provisions
1 Transitional provisions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Fire and Emergency Services (Review)
Amendment Act 2009.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Fire and Emergency Services
Act 2005
Long title—after "Commission" insert:
and to provide for the Commission's role in the governance, strategic and
policy aspects of the emergency services sector
5—Amendment of
section 3—Interpretation
(1) Section 3(1)—after the definition of department
insert:
designated urban bushfire risk area means an area of urban
bushfire risk designated under section 4A;
(2) Section 3(1), definition of District Court—delete
the definition
(3) Section 3(1), definition of fire prevention
officer—delete the definition and substitute:
fire prevention officer means a fire prevention officer
appointed by a council under Part 4A Division 2;
(4) Section 3(1)—after the definition of Industrial Relations
Commission insert:
land means, according to the context—
(a) land as a physical entity, including any building or structure on, or
improvement to, land;
(b) a legal estate or interest in, or right in respect of, land;
(5) Section 3(1), definition of officer—delete "within
the command or organisational structure" and substitute:
by the Chief Officer
(6) Section 3(3)—delete "the South Australian Bushfire Prevention
Advisory Committee and any regional or district bushfire prevention committees
constituted under Part 4" and substitute:
the State Bushfire Coordination Committee and each bushfire management
committee
After section 4 insert:
4A—Areas of urban bushfire
risk
(1) The Commission may, by notice in the Gazette, designate an area within
a fire district as an area of urban bushfire risk (a designated urban
bushfire risk area).
(2) The Commission may, by notice in the Gazette—
(a) vary an area designated under subsection (1); or
(b) revoke the designation of an area under subsection (1).
(3) Before a notice is published under subsection (1) or (2),
the Commission must consult with—
(a) the Chief Officer of SAMFS; and
(b) the Chief Officer of SACFS; and
(c) any Minister designated by the Minister under this Act as being a
Minister who has a significant interest in the matter; and
(d) the LGA.
(4) The period for consultation with the LGA will be 6 weeks, or such
longer period as the Commission considers reasonable in the
circumstances.
7—Amendment of
section 8—Functions and powers
Section 8(1)(p)—delete paragraph (p) and substitute:
(p) to undertake a leadership role from a strategic perspective with
respect to emergency management within the State and to maintain an appropriate
level of liaison with other bodies responsible for the management of emergencies
in the State;
8—Amendment of
section 10—Establishment of Board
(1) Section 10(1)—delete "managed and"
(2) Section 10—after subsection (1) insert:
(1a) In acting under subsection (1), the Board is responsible
for—
(a) establishing the strategic direction of the Commission; and
(b) ensuring that the functions of the Commission are effectively
exercised in accordance with this or any other Act; and
(c) developing an annual budget for the Commission and monitoring results
against the Commission's budget on a regular basis; and
(d) monitoring and assessing the performance and outcomes of the
Commission against its statutory, strategic and other responsibilities, goals
and objectives.
(3) Section 10(2)—delete "in the management or administration of the
affairs of the Commission"
9—Amendment of
section 11—Constitution of Board
(1) Section 11(1)(e)—delete "4" and substitute:
5
(2) Section 11(1)(e)(i)—delete "South Australian Volunteer
Fire-Brigades Association" and substitute:
Country Fire Service Volunteers Association
(3) Section 11(1)(e)—after subparagraph (ii) insert:
(iia) 1 must be a person appointed on the nomination of UFU; and
10—Amendment of
section 14—Proceedings
(1) Section 14(2)—delete subsection (2) and substitute:
(2) 5 members of the Board constitute a quorum of the Board.
(2) Section 14(3)—delete "ex officio"
(3) Section 14(4)—delete subsection (4)
(4) Section 14(6)(b)—delete "ex officio"
Section 15—delete the section
12—Amendment of
section 16—Chief Executive
(1) Section 16(3)(b)—delete "insofar as they relate to the
management of the Commission"
(2) Section 16(3)—after paragraph (b) insert:
and
(c) undertaking other executive management roles associated with the
activities of the Commission; and
(d) performing other functions assigned to the CE by the Board.
After section 17 insert:
17A—Workforce plans
For the purposes of appointments to the staff of the Commission under this
Division—
(a) the CE of the Commission must, at least once in every year, submit a
workforce plan for approval by the Commission; and
(b) the Commission may approve a workforce plan submitted by the CE of the
Commission without amendment, or with any amendments determined by the
Commission after consultation with the CE of the Commission; and
(c) the CE of the Commission must not make an appointment under this
Division unless it accords with the workforce plan last approved by the
Commission.
14—Substitution of
Part 2 Division 5
Part 2 Division 5—delete Division 5 and substitute:
Division 5—Committees
19—Committees
(1) The Commission must establish a committee to provide advice to the
Commission in respect of—
(a) matters related to the employees of emergency services organisations;
and
(b) matters related to volunteers with emergency services organisations;
and
(c) other matters referred to the committee by the Commission,
and may establish any other committees (including advisory committees) that
the Commission thinks fit.
(2) Subject to any direction of the Minister, the membership of a
committee will be determined by the Commission.
(3) A committee may, but need not, consist of, or include, members of the
Board.
(4) The procedures to be observed in relation to the conduct of the
business of a committee will be—
(a) as prescribed by the regulations;
(b) insofar as the procedure is not determined under
paragraph (a)—as determined by the Commission;
(c) insofar as the procedure is not determined under paragraph (a) or
(b)—as determined by the relevant committee.
15—Amendment of
section 42—Powers
(1) Section 42—after subsection (4) insert:
(4a) A member of SAMFS must, before taking any prescribed action with
respect to prescribed land, or property on prescribed land—
(a) consult with the owner or person in charge of the prescribed land if
that person is in the presence of, or may be immediately contacted by, the
member of SAMFS; and
(b) if the prescribed action would affect a government reserve, take into
account any relevant provisions of a management plan for the reserve that have
been brought to the attention of the member.
(4b) The Chief Officer must take steps to have any relevant provisions of
a management plan for a government reserve brought to the attention of members
of SAMFS who might exercise powers under this section with respect to the
reserve.
(2) Section 42—after subsection (6) insert:
(6a) In this section—
government reserve means—
(a) a forest reserve; or
(b) a reserve administered under the National Parks and Wildlife
Act 1972; or
(c) any other land of a kind brought within the ambit of this definition
by the regulations;
prescribed action means the exercise of a power under this
section that would result in damage to, or destruction of, property or cause
pecuniary loss to any person;
prescribed land means—
(a) a government reserve; or
(b) any other land of a kind brought within the ambit of this definition
by the regulations.
16—Amendment of
section 48—Suspension pending hearing of
complaint
Section 48(2)—delete "District Court" and substitute:
Industrial Relations Commission
17—Amendment of
section 49—Appeals
Section 49(1)—delete "District Court" and substitute:
Industrial Relations Commission
18—Amendment of
section 50—Representation of parties
(1) Section 50(1)—delete "District Court" and
substitute:
Industrial Relations Commission
(2) Section 50(2)—delete "District Court" and
substitute:
Industrial Relations Commission
19—Amendment of
section 51—Participation of assessors in appeals
Section 51—delete "District Court" and substitute:
Industrial Relations Commission
Section 56—delete the section
21—Amendment of
section 68—Establishment of SACFS
(1) Section 68(2)—delete "prescribed by the regulations
or"
(2) Section 68(8) to (14)—delete subsections (8) to (14)
(inclusive) and substitute:
(8) The Chief Officer must, before determining to dissolve an SACFS
organisation, undertake the consultation, and comply with any other requirement,
prescribed by the regulations.
22—Amendment of
section 69—Country Fire Service Volunteers
Association
Section 69(1)—delete "South Australian Volunteer Fire-Brigades
Association" and substitute:
Country Fire Service Volunteers Association
23—Substitution of
Part 4 Division 7
Part 4 Division 7—delete Division 7 and substitute:
Division 7—Fire prevention
authorities—country areas and urban bushfire risk
areas
Subdivision 1—State Bushfire Coordination
Committee
71—State Bushfire Coordination
Committee
(1) The State Bushfire Coordination Committee is
established.
(2) The State Bushfire Coordination Committee consists of—
(a) the Chief Officer of SACFS (ex officio) (who will be the
presiding member of the committee); and
(b) the following members, appointed by the Governor:
(i) 1 officer of SAMFS, nominated by SAMFS;
(ii) 1 officer of SACFS (not being an officer who holds office as a
volunteer member of SACFS), nominated by SACFS;
(iii) 1 volunteer member of SACFS, nominated by the Country Fire Service
Volunteers Association;
(iv) 1 police officer, nominated by South Australia Police;
(v) 1 officer of the administrative unit of the Public Service primarily
responsible for assisting the relevant Minister in the administration of the
National Parks and Wildlife Act 1972, nominated by the Chief
Executive of that administrative unit;
(vi) 1 officer of the South Australian Forestry Corporation, nominated by
the South Australian Forestry Corporation;
(vii) 1 officer of the administrative unit of the Public Service primarily
responsible for assisting the relevant Minister in the administration of the
Highways Act 1926, nominated by the Chief Executive of that
administrative unit;
(viii) 1 officer of the administrative unit of the Public Service
primarily responsible for assisting the relevant Minister in the administration
of the Electricity Act 1996, nominated by the Chief Executive of
that administrative unit;
(ix) 1 officer of the administrative unit of the Public Service primarily
responsible for assisting the relevant Minister in the administration of the
Development Act 1993 with experience in development in bushfire
prone areas, nominated by the Chief Executive of that administrative
unit;
(x) 1 officer of the administrative unit of the Public Service primarily
responsible for assisting the relevant Minister in the administration of primary
industry in the State, nominated by the Chief Executive of that administrative
unit;
(xi) 1 officer of the South Australian Water Corporation, nominated by the
South Australian Water Corporation;
(xii) 1 person nominated by the Bureau of Meteorology;
(xiii) 1 person nominated by the LGA;
(xiv) 1 person nominated by the Native Vegetation Council;
(xv) 1 person nominated by the Outback Areas Community Development
Trust;
(xvi) 1 person nominated by the Natural Resources Management
Council;
(xvii) 1 person nominated by the South Australian Farmers Federation
Incorporated;
(xviii) 1 person nominated by the Conservation Council of South Australia
Incorporated.
(3) Each member of the State Bushfire Coordination Committee must have
experience in an area that is relevant to bushfire prevention or
management.
(4) An appointed member of the State Bushfire Coordination Committee will
be appointed for a term not exceeding 3 years and on such conditions as the
Governor determines and, at the expiration of a term of appointment, is eligible
for reappointment.
(5) The Governor may remove an appointed member from
office—
(a) for a breach of, or non-compliance with, a condition of appointment;
or
(b) for mental or physical incapacity to carry out official duties
satisfactorily; or
(c) for neglect of duty; or
(d) for misconduct.
(6) The office of an appointed member becomes vacant if the
member—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the Minister; or
(d) is removed from office under subsection (5).
(7) On the office of a member becoming vacant, a person must be appointed
in accordance with this Act to the vacant office.
(8) The Governor may appoint a suitable person to be a deputy of a member
of the State Bushfire Coordination Committee.
(9) 10 members constitute a quorum of the State Bushfire Coordination
Committee.
(10) The State Bushfire Coordination Committee must comply with any
requirement of the Minister relating to the conduct of its business but
otherwise may determine its own procedures.
71A—Functions of State Bushfire Coordination
Committee
(1) The State Bushfire Coordination Committee has the following
functions:
(a) to advise the Minister on bushfire prevention in the country and in
designated urban bushfire risk areas;
(b) to advise the Minister on matters related to bushfire
management;
(c) as far as is reasonably practicable—to promote the State-wide
coordination and integration of policies, practices and strategies relating to
bushfire management activities;
(d) to provide guidance, direction and advice to bushfire management
committees and to resolve any issues that may arise between 2 or more bushfire
management committees;
(e) to prepare, and to keep under review, the State Bushfire Management
Plan and to keep under review the extent to which—
(i) Bushfire Management Area Plans; and
(ii) policies, practices and strategies adopted or applied by bushfire
management committees,
are consistent with the State Bushfire Management Plan;
(f) to oversee the implementation of the State Bushfire Management Plan
and to report to the Minister on any failure or delay in relation to the
implementation of the plan;
(g) to prepare, or initiate the development of, other plans, policies,
practices, codes of practice or strategies to promote effective bushfire
management within the State;
(h) to convene forums to discuss bushfire management issues, and to
promote public awareness of the need to ensure proper bushfire management within
the State;
(i) at the request of the Minister, or on its own initiative, to provide a
report on any matter relevant to bushfire management;
(j) to carry out any other function assigned to the State Bushfire
Coordination Committee under this or any other Act or by the Minister.
(2) SACFS is responsible for providing an officer of SACFS to undertake
the role of Executive Officer of the State Bushfire Coordination
Committee.
(3) The State Bushfire Coordination Committee is, in the performance of
its functions, subject to the general direction and control of the Minister (but
the Minister cannot give a direction with respect to any advice or
recommendation that the State Bushfire Coordination Committee might give or make
or with respect to the contents of any report).
71B—Power of delegation
(1) The State Bushfire Coordination Committee may delegate a function or
power of the State Bushfire Coordination Committee under this or any other
Act—
(a) to a person for the time being holding or acting in a particular
office or position; or
(b) to any other person or body.
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the ability of the State Bushfire Coordination
Committee to act in any matter; and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
71C—Use of facilities
The State Bushfire Coordination Committee may, by arrangement with the
relevant body, make use of the services of the staff, equipment or facilities
of—
(a) SACFS; or
(b) SAMFS; or
(c) a council; or
(d) another public authority or entity.
71D—Validity of acts
An act or proceeding of the State Bushfire Coordination Committee is not
invalid by reason only of a vacancy in its membership or a defect in the
appointment of a member.
71E—Annual reports
The State Bushfire Coordination Committee must, on or before 31 August
in each year, provide to SACFS a report on the activities of the State Bushfire
Coordination Committee and each bushfire management committee during the
preceding financial year (and need not provide a report under section 6A of the
Public Sector Management Act 1995).
71F—Specific reports
(1) The Minister or the Commission may, by written notice to the State
Bushfire Coordination Committee, require the State Bushfire Coordination
Committee to provide to the Minister or the Commission, within a period stated
in the notice or at stated intervals, any report or reports relating to the
performance, exercise or discharge of any aspect of its functions, powers or
responsibilities, as the Minister or the Commission (as the case may be) thinks
fit.
(2) If a requirement is imposed under subsection (1), the State
Bushfire Coordination Committee must cause a statement of the fact of the
imposition of the requirement to be published in its next annual
report.
Subdivision 2—Bushfire management
committees
72—Establishment of bushfire management
areas
(1) The Governor may, by proclamation made on the recommendation of the
State Bushfire Coordination Committee, divide the State into bushfire
management areas.
(2) The State Bushfire Coordination Committee must, in formulating a
recommendation for the purposes of subsection (1)—
(a) give attention to the nature and form of the natural environment;
and
(b) take into account local government boundaries or areas and Natural
Resources Management regions.
(3) The Governor may, by subsequent proclamation made on the
recommendation of the State Bushfire Coordination Committee—
(a) vary the boundaries of any bushfire management area;
(b) abolish an bushfire management area (on the basis that a new division
is to occur).
72A—Establishment of bushfire management
committees
(1) The State Bushfire Coordination Committee must establish a bushfire
management committee for each bushfire management area.
(2) The composition of a bushfire management committee will be determined
by the State Bushfire Coordination Committee after consultation with the
Minister (and the State Coordination Bushfire Committee will then make
appointments to the committee).
(3) A member of a bushfire management committee will be appointed for a
term determined by the State Bushfire Coordination Committee on conditions
approved by the Minister and, at the expiration of a term of appointment, is
eligible for reappointment.
(4) The State Bushfire Coordination Committee may remove a member of a
bushfire management committee from office for any reasonable cause.
(5) The office of a member of a bushfire management committee becomes
vacant if the member—
(a) dies; or
(b) completes a term of office and is not reappointed; or
(c) resigns by written notice to the State Bushfire Coordination
Committee; or
(d) is removed from office under subsection (4).
(6) On the office of a member becoming vacant, a person must be appointed
in accordance with this Act to the vacant office.
(7) The State Bushfire Coordination Committee may appoint a suitable
person to be a deputy of a member of a bushfire management committee.
(8) The State Bushfire Coordination Committee will determine the quorum of
a bushfire management committee.
(9) A bushfire management committee must comply with any requirement of
the State Bushfire Coordination Committee relating to the conduct of its
business but otherwise may determine its own procedures.
72B—Functions of bushfire management
committees
(1) A bushfire management committee has the following functions:
(a) to advise the State Bushfire Coordination Committee on bushfire
prevention in its area;
(b) to promote the coordination of policies, practices and strategies
relating to bushfire management activities within its area;
(c) to prepare, and to keep under review, a Bushfire Management Area Plan
for its area, and to ensure that this plan is consistent with the State Bushfire
Management Plan;
(d) to oversee the implementation of its Bushfire Management Area Plan and
to report to the State Bushfire Coordination Committee or, if it thinks fit, to
the Minister, on any failure or delay in relation to the implementation of the
plan;
(e) to prepare, or initiate the development of, other plans, policies,
practices or strategies to promote effective bushfire management within its
area;
(f) to convene local or regional forums to discuss issues associated with
bushfire management within its area, and to work with local communities to
promote and improve effective bushfire management;
(g) at the request of the Minister or the State Bushfire Coordination
Committee, or on its own initiative, to provide a report on any matter relevant
to bushfire management within its area;
(h) to carry out any other function assigned to the bushfire management
committee under this or any other Act, by the Minister or by the State Bushfire
Coordination Committee.
(2) SACFS is responsible for providing an officer of SACFS to undertake
the role of Executive Officer of a bushfire management committee.
(3) A bushfire management committee is, in the performance of its
functions, subject to the control and direction of the State Bushfire
Coordination Committee.
72C—Power of delegation
(1) A bushfire management committee may delegate a function or power of
the bushfire management committee under this or any other Act—
(a) to a person for the time being holding or acting in a particular
office or position; or
(b) to any other person or body.
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the ability of the regional bushfire management
committee to act in any matter; and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
72D—Use of facilities
A bushfire management committee may, by arrangement with the relevant body,
make use of the services of the staff, equipment or facilities
of—
(a) SACFS; or
(b) SAMFS; or
(c) a council; or
(d) another public authority or entity.
72E—Validity of acts
An act or proceeding of a bushfire management committee is not invalid by
reason only of a vacancy in its membership or a defect in the appointment of a
member.
Division 7A—Bushfire management
plans
73—State Bushfire Management
Plan
(1) The State Bushfire Coordination Committee must prepare and maintain a
plan to be called the State Bushfire Management Plan.
(2) The plan is to set out principles, policies and standards for bushfire
management in the State from a high-level or strategic perspective.
(3) Without limiting subsection (2), the plan must—
(a) set out principles to be applied in achieving appropriate levels of
hazard reduction for bushfire management; and
(b) outline strategies to achieve the State-wide coordination and
integration of bushfire management activities; and
(c) set standards or requirements that must be applied or observed in the
preparation and implementation of Bushfire Management Area Plans; and
(d) include or address other matters prescribed by the regulations or
specified by the Minister after consultation with the Chief Officer of
SACFS.
(4) The State Bushfire Coordination Committee must review the plan at
least once in every 4 years.
(5) Subject to subsection (6), the State Bushfire Coordination
Committee may amend the plan at any time.
(6) The State Bushfire Coordination Committee must, in relation to any
proposal to create or amend the plan—
(a) prepare a draft of the proposal; and
(b) take reasonable steps to consult with—
(i) the Chief Officer of SACFS; and
(ii) the Chief Officer of SAMFS; and
(iii) any Government Department or agency designated by the Minister from
time to time for the purposes of this subsection; and
(iv) the LGA; and
(v) the Natural Resources Management Council; and
(vi) the South Australian Farmers Federation Incorporated; and
(vii) the Conservation Council of South Australia Incorporated;
and
(viii) any other person or body, or person or body of a class, prescribed
by the regulations for the purposes of this subsection,
in relation to the proposal; and
(c) by public notice, give notice of the place or places at which copies
of the draft are available for inspection (without charge) and purchase and
invite interested persons to make written representations on the proposal within
a period specified by the State Bushfire Coordination Committee.
(7) Subsection (6) does not apply in relation to an amendment that is
being made—
(a) in order to ensure that the plan is consistent with any plan, policy
or strategy—
(i) that has been prepared, adopted or applied under another Act;
and
(ii) that falls within a class prescribed by the regulations for the
purposes of this paragraph; or
(b) in order to remove or replace information in the plan that has been
superseded by information that is more reliable or up-to-date; or
(c) in order to make a change in form; or
(d) in any other prescribed circumstance.
(8) The plan, and any amendments to the plan, have no force or effect
until approved by the Minister after consultation with the Chief Officer of
SACFS and the Chief Officer of SAMFS.
(9) The plan is an expression of policy and does not in itself affect
rights or liabilities (whether of a substantive, procedural or other
nature).
(10) A failure by the State Bushfire Coordination Committee to comply with
a requirement of this section cannot be taken to affect the validity of the
plan, or any other plan or instrument under this Act.
73A—Bushfire Management Area
Plans
(1) Each bushfire management committee must prepare and maintain a
Bushfire Management Area Plan for its area.
(2) The plan must set out a scheme for bushfire management within its
area.
(3) Without limiting subsection (2), the plan must—
(a) identify existing or potential risks to people and communities within
its area from bushfire; and
(b) outline strategies to achieve appropriate hazard reduction associated
with bushfire management within its area, especially through a coordinated and
cooperative approach to bushfire prevention and mitigation; and
(c) identify action that should be taken by persons, agencies and
authorities to achieve appropriate standards of bushfire management within its
area; and
(d) without limiting paragraphs (b) and (c), establish or adopt
principles and standards to guide or measure the successful implementation of
bushfire management strategies and initiatives; and
(e) include or address other matters prescribed by the regulations or
specified by the State Bushfire Coordination Committee.
(4) The plan must be consistent with—
(a) the State Bushfire Management Plan; and
(b) such other plans, policies or strategies as may be prescribed by the
regulations for the purposes of this paragraph.
(5) A bushfire management committee must review its plan—
(a) at least once in every 4 years; or
(b) at the direction of the State Bushfire Coordination
Committee.
(6) Subject to subsection (7), a bushfire management committee may
amend its plan at any time.
(7) A bushfire management committee must, in relation to a proposal to
create or amend its plan—
(a) prepare a draft of its proposal; and
(b) take reasonable steps to consult with—
(i) the State Bushfire Coordination Committee; and
(ii) any SACFS organisation specified by the Chief Officer of SACFS;
and
(iii) any Government Department or agency designated by the Minister from
time to time for the purposes of this subsection; and
(iv) any council whose area is wholly or partly within the relevant
bushfire management area; and
(v) any regional NRM board whose region is wholly or partly within the
relevant bushfire management area; and
(vi) any other person or body, or person or body of a class, prescribed by
the regulations for the purposes of this subsection,
in relation to the proposal; and
(c) by public notice, give notice of the place or places at which copies
of the draft are available for inspection (without charge) and purchase and
invite interested persons to make written representations on the proposal within
a period prescribed by the regulations.
(8) Subsection (7) does not apply in relation to an amendment that is
being made—
(a) in order to ensure that the plan is consistent with a change to the
State Bushfire Management Plan; or
(b) in order to remove or replace information in the plan that has been
superseded by information that is more reliable or up-to-date; or
(c) in order to make a change in form; or
(d) in any other prescribed circumstance.
(9) A plan, and any amendments to a plan, have no force or effect until
approved by the State Bushfire Coordination Committee.
(10) The State Bushfire Coordination Committee may, in connection with
subsection (9)—
(a) approve a plan or amendment when it is furnished to the State Bushfire
Coordination Committee;
(b) consult the relevant bushfire management committee about any amendment
to a proposed plan or amendment that the State Bushfire Coordination Committee
considers necessary or appropriate and then approve the plan or amendment with
amendment;
(c) refer a plan or amendment back to the relevant bushfire management
committee for further consideration.
(11) A plan is an expression of policy and does not in itself affect
rights or liabilities (whether of a substantive, procedural or other
nature).
(12) A failure by a bushfire management committee to comply with a
requirement under this section cannot be taken to affect the validity of a plan,
or any other plan or instrument under this Act.
24—Amendment of
section 78—Fire danger season
Section 78(2)—delete "the appropriate regional bushfire prevention
committee or committees" and substitute:
the appropriate bushfire management committee or committees
25—Amendment of
section 79—Fires during fire danger season
(1) Section 79(1), expiation fee provision—delete the expiation fee
provision
(2) Section 79(2), (3) and (4)—delete subsections (2), (3) and (4)
and substitute:
(2) A fire may, subject to any other restrictions imposed under this or
any other Act, be lighted or maintained in the open air in the circumstances
prescribed by the regulations (and subject to any conditions or requirements
that may be prescribed by the regulations).
(3) Section 79(5)—delete "under subsection (2)" and
substitute:
in accordance with this section
26—Amendment of
section 81—Permit to light and maintain a fire
(1) Section 81(2)—delete subsection (2) and substitute:
(2) An application for a permit—
(a) must be made in a form determined by the Chief Officer; and
(b) must be accompanied by such information as may be
required—
(i) under the terms of the form; or
(ii) at the direction of an authorised officer.
(2) Section 81(10), (11) and (12)—delete subsections (10) to (12)
(inclusive) and substitute:
(10) The regulations may establish a scheme for the review by the
Commission of a decision to revoke a permit.
27—Repeal of Part
4 Division 8 Subdivision 5
Part 4 Division 8 Subdivision 5—delete Subdivision 5
Section 88—delete the section
29—Amendment of
section 89—Restriction on use of certain appliances
etc
Section 89, expiation fee provision—delete the expiation fee
provision
Section 90—delete the section
31—Amendment of
section 91—Duty to report unattended fires
(1) Section 91(2)—before the definition of government
officer insert:
designated Act means an Act designated by the Minister from
time to time by notice in the Gazette for the purposes of this
section;
(2) Section 91(2), definition of government officer,
(a)—delete paragraph (a) and substitute:
(a) an officer of the administrative unit of the Public Service primarily
responsible for assisting the relevant Minister in the administration of the
National Parks and Wildlife Act 1972; or
(ab) an officer of the administrative unit of the Public Service primarily
responsible for assisting the relevant Minister in the administration of a
designated Act; or
Section 92—delete the section
After section 95 insert:
95A—Other regulatory
provisions
Nothing in this Division limits or prevents any other requirements or
prohibitions imposed by or under this Act (including by regulations made under
section 148) applying—
(a) outside the fire danger season; or
(b) on days that are not total fire ban days; or
(c) in circumstances that fall outside the contemplation of this
Division.
34—Amendment of
section 101—Annual reports
Section 101(2)—after paragraph (a) insert:
(ab) incorporate the annual report on the activities of the State Bushfire
Coordination Committee and the bushfire management committees for the relevant
financial year; and
After Part 4 insert:
Part 4A—Fire prevention
Division 1—Interpretation
105A—Interpretation
In this Part—
authorised person, in relation to particular land,
means—
(a) if the land is within a fire district—
(i) the Chief Officer of SAMFS;
(ii) the council;
(iii) a fire prevention officer appointed by the council;
(iv) an authorised person appointed by the council under the Local
Government Act 1999 and authorised by the council for the purposes of
this Part;
(b) if the land is not within a fire district—
(i) the Chief Officer of SACFS;
(ii) if the land is within a council area—
(A) the council;
(B) a fire prevention officer appointed by the council;
(C) an authorised person appointed by the council under the Local
Government Act 1999 and authorised by the council for the purposes of
this Part;
(c) any other person declared by the regulations to be included within the
ambit of this definition;
council, in relation to particular land, means the council
constituted under the Local Government Act 1999 for the area in
which the land is situated;
flammable undergrowth includes undergrowth that is likely to
become flammable.
Division 2—Fire prevention
officers
105B—Fire prevention officers
(1) Each council—
(a) that is a rural council; or
(b) that has within its area a designated urban bushfire risk
area,
must appoint at least 1 person as a fire prevention officer for its
area.
(2) A fire prevention officer must have qualifications or experience
appropriate to the office.
(3) A council must—
(a) in determining the number of fire prevention officers that it should
appoint under subsection (1); and
(b) in assessing the qualifications or experience of a person for the
purposes of subsection (2),
take into account any policy developed by SACFS for the purposes of this
section.
105C—Functions of fire prevention
officers
A fire prevention officer has the following functions:
(a) to assess the extent of bushfire hazards within the relevant council
area;
(b) to assist the council in providing advice and information to any
bushfire management committee whose area incorporates any part of the relevant
council area in connection with the preparation or review of the committee's
Bushfire Management Area Plan;
(c) to provide advice to owners of property in respect of bushfire
prevention and management;
(d) to carry out any other functions assigned to the fire prevention
officer by the regulations.
105D—Delegations
(1) A fire prevention officer may delegate any of his or her functions or
powers under this or any other Act—
(a) to a member of SACFS; or
(b) to a member of SAMFS; or
(c) with the approval of the council—to any other person or
body.
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the ability of the fire prevention officer to
act in any matter; and
(d) is revocable at will.
(3) A function or power delegated under this section may, if the
instrument of delegation so provides, be further delegated.
105E—Reports
The Commission, the State Bushfire Coordination Committee or a bushfire
management committee in whose bushfire management area the relevant council area
is wholly or partly located may, by written notice to a fire prevention officer,
require the fire prevention officer to provide to the Commission, the State
Bushfire Coordination Committee or the bushfire management committee within a
period stated in the notice or at stated intervals, any report or reports
relating to the performance, exercise or discharge of the fire prevention
officer's functions, powers or responsibilities, as the Commission, the State
Bushfire Coordination Committee or the bushfire management committee (as the
case may be) thinks fit.
Division 3—Duties to prevent
fires
105F—Private land
(1) An owner of private land must take reasonable steps—
(a) to prevent or inhibit the outbreak of fire on the land; and
(b) to prevent or inhibit the spread of fire through the land;
and
(c) to protect property on the land from fire.
Maximum penalty: $5 000.
(2) In determining the standard required to comply with
subsection (1) (but subject to subsection (4)), the following matters
are to be taken into account (insofar as may be relevant and without limiting
any other relevant matter):
(a) the nature of the land;
(b) whether the land is in a country, metropolitan, township or other
setting;
(c) the activities carried out on the land (including whether flammable or
combustible materials or substances are used or stored on the land);
(d) other statutory standards or requirements that apply to or in relation
to the land.
(3) The regulations may prescribe 1 or more codes of practice for the
purposes of subsection (1).
(4) In proceedings for an offence against
subsection (1)—
(a) if it is proved by the prosecution—
(i) that a code of practice under subsection (3) relates to land of
the kind to which the proceedings relate; and
(ii) that the defendant is in breach of the code in 1 or more
respects,
then the defendant is, in the absence of proof to the contrary, to be taken
to have failed to exercise the standard required under subsection (1);
and
(b) if it is proved by the defendant—
(i) that a code of practice under subsection (3) relates to land of
the kind to which the proceedings relate; and
(ii) that the defendant has complied with the code in all relevant
respects,
then the defendant is to be taken to have exercised the standard required
under subsection (1).
(5) If an authorised person believes on reasonable
grounds—
(a) that an owner of private land has failed to comply with
subsection (1); or
(b) that measures should be taken in respect of particular private land
for the purpose of—
(i) preventing or inhibiting the outbreak of fire on the land;
or
(ii) preventing or inhibiting the spread of fire through the land;
or
(iii) protecting property on the land from fire,
the authorised person may, by notice in writing that complies with any
requirements set out in the regulations, require the owner of the private land
to take specified action to remedy the default or to protect the land or
property on the land, within such time as may be specified in the
notice.
(6) Without limiting the operation of subsection (5), a notice under
that subsection may include directions—
(a) to trim or remove vegetation on the land; or
(b) to remove flammable or combustible materials or substances, or to
store flammable or combustible materials or substances in a specified manner;
or
(c) to eliminate a potential ignition source; or
(d) to create, establish or maintain fire breaks or fuel breaks.
(7) An authorised person must, in acting under subsection (5), apply
any guidelines prepared or adopted by the Minister for the purposes of that
subsection and published by the Minister in the Gazette.
(8) A person must not refuse or fail to comply with a notice under
subsection (5).
Maximum penalty: $10 000.
(9) A notice under subsection (5) may be given—
(a) personally; or
(b) by post; or
(c) if the authorised person cannot, after making reasonable inquiries,
ascertain the name and address of the person to whom the notice is to be
given—
(i) by publishing the notice in a newspaper circulating in the locality of
the land; and
(ii) by leaving a copy of the notice in a conspicuous place on the
land.
(10) An authorised person may, by further notice in writing, vary or
revoke a notice under this section.
(11) If a notice under subsection (5) is directed to an occupier of
land, the authorised person must take reasonable steps to serve (personally or
by post) a copy of the notice on the owner.
105G—Council land
(1) A council that has the care, control or management of
land—
(a) in the country; or
(b) in a designated urban bushfire risk area,
must take reasonable steps—
(c) to prevent or inhibit the outbreak of fire on the land; and
(d) to prevent or inhibit the spread of fire through the land;
and
(e) to protect property on the land from fire.
(2) In determining the standard required to comply with
subsection (1), the following matters are to be taken into account (insofar
as may be relevant and without limiting any other relevant matter):
(a) the nature of the land;
(b) whether the land is in a country, metropolitan, township or other
setting;
(c) the activities carried out on the land (including whether flammable or
combustible materials or substances are used or stored on the land);
(d) other statutory standards or requirements that apply to or in relation
to the land.
(3) The regulations may prescribe 1 or more codes of practice for the
purposes of subsection (1).
(4) If, in the opinion of the relevant Chief Officer, a council has failed
to comply with subsection (1), the Chief Officer may refer the matter to
the Minister.
(5) The Minister must, on the referral of a matter under
subsection (4), consult with—
(a) the council; and
(b) the Minister to whom the administration of the Local Government
Act 1999 has been committed.
(6) The Minister may then (if the Minister thinks fit), by notice in
writing to the council after consultation with the relevant Chief Officer,
require the council to take specified action (being action considered by the
Minister to be reasonably necessary to comply with the requirements of
subsection (1)).
(7) A council must not fail to comply with a notice under
subsection (6).
(8) In this section—
relevant Chief Officer, in relation to particular land,
means—
(a) if the land is within a fire district—the Chief Officer of
SAMFS;
(b) if the land is outside a fire district—the Chief Officer of
SACFS.
105H—Crown land
(1) A Minister, agency or instrumentality of the Crown that has the care,
control or management of land—
(a) in the country; or
(b) in a designated urban bushfire risk area,
must take reasonable steps—
(c) to prevent or inhibit the outbreak of fire on the land; and
(d) to prevent or inhibit the spread of fire through the land;
and
(e) to protect property on the land from fire.
(2) In determining the standard required to comply with
subsection (1), the following matters are to be taken into account (insofar
as may be relevant and without limiting any other relevant matter):
(a) the nature of the land;
(b) whether the land is in a country, metropolitan, township or other
setting;
(c) the activities carried out on the land (including whether flammable or
combustible materials or substances are used or stored on the land);
(d) other statutory standards or requirements that apply to or in relation
to the land.
(3) The regulations may prescribe 1 or more codes of practice for the
purposes of subsection (1).
(4) If in the opinion of the relevant Chief Officer, a Minister, agency or
instrumentality of the Crown has failed to comply with subsection (1), the
Chief Officer may refer the matter to the Minister.
(5) The Minister may, on the referral of a matter under
subsection (4), undertake such consultation or other action as the Minister
thinks fit in connection with the matter.
(6) If the Minister considers that he or she cannot resolve the matter the
Minister may, after consultation with the relevant Chief Officer, request
another Minister (being the responsible Minister in the circumstances of the
particular case) to take action to ensure that a management or other plan is put
in place to secure compliance with the requirements of
subsection (1).
(7) In this section—
relevant Chief Officer, in relation to particular land,
means—
(a) if the land is within a fire district—the Chief Officer of
SAMFS;
(b) if the land is outside a fire district—the Chief Officer of
SACFS.
Division 4—Related provisions
105I—Additional provision in relation to powers of
authorised persons
(1) An authorised person in relation to particular land, or any other
person authorised by the Chief Officer of SAMFS or the Chief Officer of SACFS
for the purposes of this section, may, for a purpose related to the
administration, operation or enforcement of this Part—
(a) at any reasonable time, after giving reasonable notice to the occupier
of the land, enter the land; or
(b) with the authority of a warrant issued by a magistrate, or in
circumstances in which the authorised person reasonably believes that immediate
action is required, use reasonable force to break into or open any part of, or
anything in or on, the land.
(2) A magistrate must not issue a warrant under subsection (1)(b)
unless satisfied that the warrant is reasonably required in the
circumstances.
(3) An application for a warrant—
(a) may be made either personally or by telephone; and
(b) must be made in accordance with any procedures prescribed by the
regulations.
(4) In exercising a power under this Part, an authorised officer
may—
(a) give directions with respect to the stopping, securing or movement of
a vehicle, plant, equipment or other thing;
(b) take photographs, films, audio, video or other recordings;
(c) give any other directions reasonably required in connection with the
exercise of the power.
(5) An authorised person may, in exercising a power under this Part, be
accompanied by such assistants as may reasonably be required in the
circumstances.
(6) If an owner of land refuses or fails to comply with the requirements
of a notice under section 105F(5), an authorised person may proceed to
carry out those requirements.
(7) Action taken by an authorised person under subsection (6) may be
taken on the authorised person's behalf by a person authorised by the Chief
Officer of SAMFS or the Chief Officer of SACFS, or by a council, for the
purposes of this subsection.
(8) The reasonable costs and expenses incurred by an authorised person in
taking action under subsection (6) may be recovered by—
(a) if the relevant notice was given by a council, or a fire prevention
officer or an authorised person appointed by a council and authorised for the
purposes of this Part—the council; or
(b) in any other case—the Minister,
as a debt from the person who failed to comply with the requirements of the
relevant notice.
(9) If an amount is recoverable from a person by a council or the Minister
under subsection (8)—
(a) in the case of amount recoverable by a council—the council may
recover the amount as if it were rates in arrears; or
(b) in the case of an amount recoverable by the Minister—
(i) the Minister may, by notice in writing to the person, fix a period,
being not less than 28 days from the date of the notice, within which the amount
must be paid by the person, and, if the amount is not paid by the person within
that period, the person is liable to pay interest charged at the prescribed rate
per annum on the amount unpaid; and
(ii) the amount together with any interest charge so payable is, until
paid, a charge in favour of the Minister on the land to which the notice under
section 105F(5) relates.
(10) A person cannot claim compensation from the Minister, the Crown, a
council, an authorised person or any person acting under subsection (7) in
respect of any action taken under this section.
105J—Review by Chief Officer
(1) In this section—
compliance notice means a notice under
section 105F(5);
relevant Chief Officer means—
(a) in relation to a compliance notice that relates to land within a fire
district—the Chief Officer of SAMFS;
(b) in relation to a compliance notice that relates to land outside a fire
district—the Chief Officer of SACFS.
(2) A person to whom a compliance notice is issued may apply to the
relevant Chief Officer for a review of the notice under this section.
(3) The application must be made within 14 days after the notice is served
on the person unless the relevant Chief Officer, in his or her discretion,
allows an extension of time.
(4) Subject to a determination of the relevant Chief Officer to the
contrary in relation to the particular matter, the operation of a notice subject
to a review is suspended until the review has been determined or
withdrawn.
(5) The relevant Chief Officer must review the notice and, after taking
into account such matters as the Chief Officer thinks fit, may—
(a) confirm, vary or revoke any requirement under the notice and, if
appropriate, discharge the notice;
(b) substitute any requirement or notice that could have been made or
given in the first instance;
(c) dismiss the matter;
(d) make any consequential or ancillary direction.
(6) If the relevant Chief Officer—
(a) confirms or varies a notice; or
(b) substitutes a requirement or notice,
the person to whom the notice or requirement is addressed must comply with
the notice or requirement within a period specified by the Chief
Officer.
Maximum penalty: $10 000.
36—Amendment of
section 116—SASES units
(1) Section 116(4)—delete "prescribed by the regulations
or"
(2) Section 116(9) to (15)—delete subsections (9) to (15)
(inclusive) and substitute:
(9) The Chief Officer must, before determining to dissolve an SASES unit,
undertake the consultation, and comply with any other requirement, prescribed by
the regulations.
37—Amendment of
section 127—Protection from liability
Section 127(4)—delete "the South Australian Bushfire Prevention
Advisory Committee, a regional or district bushfire prevention committee" and
substitute:
the State Bushfire Coordination Committee, a bushfire management
committee
38—Amendment of
section 148—Regulations
Section 148—after subsection (4) insert:
(5) The regulations may refer to or incorporate, wholly or partially and
with or without modification, a code, standard or other document prepared or
published by a prescribed body or person, either as in force at the time the
regulations are made or as in force from time to time.
(6) Where the regulations refer to or incorporate a code, standard or
other document, then—
(a) a copy of the code, standard or other document must be kept available
for inspection by members of the public, without charge and during normal office
hours, at an office or offices specified in the regulations; and
(b) in any legal proceedings, evidence of the contents of the code,
standard or other document may be given by production of a document purporting
to be certified by or on behalf of the Minister as a true copy of the code,
standard or other document; and
(c) the code, standard or other document has effect as if it were a
regulation made under this Act.
Section 149—delete the section
40—Amendment of
Schedule 1—Appointment and selection of assessors for appeals under
Part 3
(1) Schedule 1, clause 1—delete "the District Court or"
(2) Schedule 1, clause 4—delete "District Court, or the Industrial
Relations Commission," and substitute:
the Industrial Relations Commission
(3) Schedule 1, clause 6—delete "the District Court or the
Industrial Relations Commission (as the case requires)" and
substitute:
the Industrial Relations Commission
Schedule 3—delete the Schedule
Schedule 4—delete the Schedule
43—Amendment of
Schedule 5—Regulations
(1) Schedule 5, clause 7(a)—after "fire" insert:
, including so as to regulate or prohibit any activity, practice or act, or
the use of any plant, equipment, apparatus or device (either absolutely or in
prescribed circumstances and including so as to provide for the imposition of
any conditions or requirements)
(2) Schedule 5, clause 14—after "against the" insert:
Act or
(3) Schedule 5, clause 16—delete "$5 000" and
substitute:
$10 000
(4) Schedule 5—after clause 16 insert:
17 The making of provisions of a saving or transitional
nature consequent on the amendment of this Act by any other Act.
Schedule
1—Transitional provisions
(1) The amendment of sections 49, 50 and 51 of the Fire and Emergency
Services Act 2005 by this Act does not affect any proceedings
instituted under those sections before the commencement of this
clause.
(2) A right of appeal in existence before the commencement of this clause
under the sections referred to in subclause (1) not exercised before that
commencement will be taken to be a right of appeal under those sections as
amended by this Act.