Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) This section applies in relation to a fire in a rural area.
(2) For the purpose of extinguishing or preventing the spread of the fire, the chief officer (rural fire service) may—
(a) control and direct members of an emergency service; and
(b) direct a person to leave any land or premises on fire or near the fire; and
(c) remove to any place the chief officer considers appropriate anything the chief officer considers is interfering with, or may interfere with, the fire control operation; and
(d) do anything else the chief officer considers appropriate, for example—
(i) severing or pulling down a fence; or
(ii) burning grass or other vegetation.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(3) Subsection (2) is in addition to anything the chief officer ( rural fire service ) may do under section 34 (1) (General powers of chief officers) or another territory law .
Note Under s 34 (1), the chief officer has a number of general powers including to enter land, shut off a power or water supply, demolish or destroy a structure or remove or destroy an animal.
(4) The chief officer ( rural fire service ) may do anything mentioned in subsection (2) at, immediately after, or in anticipation of the spread of, the fire.
(5) If the chief officer ( rural fire service ) removes stock from land, the chief officer must, as soon as practicable, tell the owner of the land about the removal.
(6) If the chief officer ( rural fire service ) severs or pulls down a fence on land, the chief officer must, as soon as practicable—
(a) temporarily repair the fence; and
(b) tell the owner of the land about the temporary repair.
(7) For the protection of life or property or to control or extinguish the fire, a member of the rural fire service, a member of the fire brigade or a police officer may do anything the chief officer (rural fire service) may do under an applicable provision or another territory law without being directed or given authority by the chief officer, if —
(a) the thing is done in accordance with the commissioner's guidelines for the rural fire service; or
(b) it is not practicable for a direction or authority to be obtained.
(8) For the application of subsection (7) to a member of the rural fire service, a member of the fire brigade or a police officer in relation an applicable provision or another territory law, the law applies to the member or police officer as if a reference to the chief officer (rural fire service) were a reference to the member or police officer.
(9) In this section:
"applicable provision" means—
(a) this section; or
(b) section 34 (1) (General powers of chief officers); or
(c) section 69 (Securing area at or after fire).
"fire" includes a fire that the chief officer (rural fire service) has reasonable grounds for believing may exist.