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FIRE AND EMERGENCY SERVICES ACT 1998
TABLE OF PROVISIONS
Long Title
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Terms used
3A. Term used: owner
3B. Act binds Crown
PART 2 -- Administration
Division 1 -- The Minister
4. Term used: FES Ministerial Body
5. FES Ministerial Body, nature of etc.
6. FES Ministerial Body, purpose and effect of acts of etc.
7. FES Ministerial Body, execution of documents by
8. Minister’s powers to acquire etc. property
9. Minister’s power to borrow money
Division 2 -- The FES Commissioner
11. Functions
12. Powers
13. Department, use of operational names by
Division 3 -- Delegation
15. Delegation by Minister and FES Commissioner
16. Subdelegation
PART 3A -- State Emergency Service
18A. FES Commissioner’s functions under this Part
18B. FES Commissioner’s powers for this Part
18C. SES Units, approval of etc. by FES Commissioner
18D. SES Unit to keep register of its members etc.
18E. SES Unit, functions of
PART 3B -- Volunteer Marine Rescue Services
18F. FES Commissioner’s functions under this PART
18G. FES Commissioner’s powers for this Part
18H. VMRS Groups, approval of etc. by FES Commissioner
18I. VMRS Group to keep register of its members etc.
18J. VMRS Group, functions of
PART 3 -- FES Units
18K. FES Commissioner’s functions under this PART
18L. FES Commissioner’s powers for this Part
18M. FES Units, approval of etc. by FES Commissioner
18N. FES Unit to keep register of its members etc.
18O. FES Unit, functions of
PART 4A -- Bush fire prone areas
18P. FES Commissioner may designate bush fire prone areas
PART 4 -- Staff
19. Terms used
20. Classes of staff
21. Operational staff and wages staff, engagement and remuneration etc. of
22. Operational staff, transfer of to another class
PART 5 -- Advisory committees
23. Terms used
24. Advisory committees, establishing etc.
25. Volunteer advisory committees, establishing etc.
PART 6A -- Emergency services levy
Division 1 -- Annual estimates of expenditure
36A. Annual estimate, local government to submit and FES Commissioner to pay etc.
Division 2 -- Emergency services levy and ESL category areas
36B. Annual levy on land in ESL category area
36C. Leviable land, FES to compile records of annually
36D. Exemptions from levy, regulations as to
36E. Exemptions in other enactments do not apply
36F. ESL category areas, declaration of etc.
Division 3 -- Determination and assessment of levy
36G. Minister to determine levy each year; method to be used
36H. Levy to be determined by reference to gross rental value etc.
36I. Minimum and maximum levy, Minister may determine
36J. Assessment of levy and assessment notices, local government’s duties as to
36K. FES Commissioner to ensure local governments have information
36L. Levy on land owned by State etc., local governments and other persons, assessment of
36M. When levy is due and payable
36N. Levy on land owned by State etc., notice of etc.
Division 4 -- Payment of emergency services levy
36O. Levy is a charge on land
36P. Who is liable to pay levy; payment of levy
36Q. Levy to be paid by one payment; Minister may approve instalments etc.
36R. Discounts, concessions etc., granting
36S. Unpaid levy, interest on
36T. Levy, apportioning etc.
36UA. Levy etc. paid to FES Commissioner, how to be dealt with
Division 5 -- Local governments
36U. Levy etc. paid to local government, how to be dealt with
36V. Local government to pay levy etc. to FES Commissioner
36W. Local governments to be paid certain fees
36X. Amounts unpaid under s. 36V, interest on
36Y. Ministerial guidelines for this Part, issue of etc.
Division 6 -- Recovery of unpaid levy
36Z. Unpaid levy etc., recovering etc.
36ZA. Question of title to land not to affect jurisdiction
Division 7 -- Sale of land if levy is unpaid
36ZB. Term used: levy
36ZC. Land for which levy unpaid for 3 years, sale of
36ZD. Land for which levy unpaid, caveats on etc.
Division 8 -- Objections and review
36ZE. Purpose for which land used, objecting to determination of
36ZF. Application to SAT for review
36ZH. Objection does not affect liability to pay levy
Division 9 -- ESL agreements
36ZI. Terms used
36ZJ. ESL agreement, nature of etc.
36ZK. Part 6A modified for ESL agreement (Sch. 1A)
Division 10 -- Fees and charges
36ZL. Emergency services, fees and charges payable for
PART 6B -- Compensation for injury, loss or damage
Division 1 -- Preliminary
36ZM. Terms used
36ZN. When specified disease taken to be injury caused while engaged in volunteer activities
36ZO. Application of provisions of WC&IM Act under this PART
36ZP. Appropriate changes to WC&IM Act
Division 2 -- Insured compensation
36ZQ. Duty to insure
36ZR. Amount of insured compensation
36ZS. Terms of insurance
Division 3 -- Uninsured compensation
36ZT. Uninsured compensation for specified diseases
36ZU. Additional compensation for specified injuries
36ZV. Source of compensation under this Division
Division 4 -- General
36ZW. Payment of compensation
36ZX. Specified disease disputes
PART 7 -- Miscellaneous
37. Protection from personal and vicarious liability
38. Department’s operating accounts, application of
38A. Offences in relation to SES, VMRS and FES operations
38B. Unauthorised use etc. of operational names etc., offence
38C. Impersonating member of staff etc., offence
39. Disclosure etc. of information obtained in course of duty restricted
40. Regulations
41. Review of Act
PART 8 -- Savings and transitional provisions relating to the Fire and Emergency Services Legislation Amendment Act 2012
Division 1 -- Interpretation
42. Terms used
Division 2 -- Transfer of Authority’s assets, liabilities, etc.
43. Authority (FESA) abolished
44. Transfer of assets etc., Minister may order
45. Transfer order under s. 44, effect of
46. Fire and Emergency Services Authority Account
47. Reserve funds
48. Authority to complete necessary transactions
49. Registration of documents
50. Exemption from State tax
51. Error in transfer order, correcting
Division 3 -- Chief executive officer and certain other persons
52. CEO of Authority (FESA) becomes FES Commissioner
53. Bush fire liaison officers and Chief Bush Fire Control Officers continue in office
54. Fire and Emergency Services Superannuation Board, certain members of continue
Division 4 -- Consultative committees
55. Committees cease
56. Records of committees, transfer of
Division 5 -- Continuing effect of things done
57. Completion of things commenced
58. Continuing effect of things done
59. Agreements and instruments generally
Division 6 -- Other transitional provisions
60. Continuing duty of confidentiality
61. Investments
62. Transitional regulations
63. Saving
SCHEDULE 1A -- Modification of operation of Part 6A
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