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FIRE BRIGADES (HAZARDOUS MATERIALS) AMENDMENT
BILL 1993
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The object of this Bill is to confer on New South Wales Fire Brigades the same kinds
of powers and duties under the Fire Brigades Act 1989 in dealing anywhere in the State
with land-based hazardous material incidents as they already have in dealing with fires
that occur within fire districts.
The proposed Act also applies in respect of such incidents various other provisions of
that Act which apply in respect of fires.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to
be proclaimed.
Clause 3 gives effect to the amendments to the Fire Brigades Act 1989 set out in
Schedule 1 .
SCHEDULE 1--AMENDMENTS
Consequential change to long title
Schedule 1 (1) amends the long title of the Principal Act to reflect the extension of
provisions of the Act to hazardous material incidents.
Definitions
Schedule 1 (2) amends section 3 to provide definitions of "hazardous material" and
"hazardous material incident". Any substance that escapes and causes or threatens to
cause injury or death or damage to property may be the subject of a hazardous material
incident, even though it may not be an inherently dangerous substance.
Application of amendments
Schedule 1 (3) amends section 4 to make it clear that provisions of the Act relating
to hazardous material incidents apply throughout the State, but do not apply to incidents
occurring on waters which are subject to the controls of the Marine Pollution Act 1987.
Duty and general authority of head of New South Wales Fire Brigades
Schedule 1 (4) adds section 6 (2) to impose a duty on the Director-General of New
South Wales Fire Brigades, as Department Head, to take all reasonably practicable
measures for protecting and saving life and property endangered by hazardous material
incidents, for confining or ending such incidents and for rendering the sites of such
incidents safe.
Schedule 1 (5) substitutes section 7 to confirm that the Director-General's wide
authority to take measures to protect persons and property applies throughout the State,
even though a fire or hazardous material may not be involved and (in the case of fire)
even though the persons or property concerned may not be within a fire district.
Additional requirement in forming volunteer fire brigades
Schedule 1 (6) amends section 9 to require that an association will be approved as a
volunteer fire brigade only if it is formed for' the purpose of dealing with hazardous
material incidents (as well as fire-fighting). The additional requirement is made because
such a fire brigade will be under a duty to deal with such incidents.
Extension of duties and powers of fire brigades
Schedule 1 (7) amends headings to Part 3 and Division 1 of that Part of the Act to
reflect that the Part is to deal with hazardous material incidents as well as fires.
Schedule 1 (8) amends section 11 to impose a duty on fire brigades to take prompt
action to respond to reports of such incidents and to deal with them.
Schedule 1 (9) amends section 12 to provide the officer in charge of a fire brigade
(and its members) a power of entry to any place for the purpose of investigating whether
any hazardous material the subject of such a report is present.
Schedule 1 (10) amends section 13 to confer general authority on the officer in
charge of a fire brigade to control the operations of any fire brigade at the site of an
incident.
Schedule 1 (11) amends section 14 to empower the officer in charge at an incident to
close streets or public places in the vicinity of an incident to traffic.
Schedule 1 (12) amends section 15 to allow the officer in charge at an incident to
take water, free of charge, for the purpose of dealing with an incident or rendering the
site of the incident safe.
Schedule 1 (13) amends section 16 to allow the officer in charge to take possession
of buildings, vehicles, vessels or other property and to move vehicles, vessels or other
property (providing it is kept in safe custody) for that purpose.
Schedule 1 (14) amends section 17 to permit the officer in charge to shore up
buildings or walls affected by hazardous material incidents.
Schedule 1 (15) amends section 18 to authorise the officer in charge to cut off the
gas or electricity supply to premises near the site of such an incident.
Schedule 1 (16) amends section 19 to empower the officer in charge to remove any
person, vehicle, vessel or thing interfering with the officer's dealing with the incident.
Power to take possession after incident
Schedule 1 (17) amends section 22 to authorise the Director-General or an agent of
the Director-General to enter and retain possession of any land, vehicle or vessel that
was involved in a hazardous material incident for a reasonable time or until an inquest
or inquiry has been held.
Delegation of functions
Schedule 1 (18) amends section 24 to allow the functions of an officer in charge
relating to such incidents to be delegated by the officer to members of a fire brigade.
Recognition of fire brigade authority
Schedule 1 (19) amends section 25 to require members of the Police Service and
others to recognise the authority of fire brigade officers and members and to support that
authority when dealing with such an incident that threatens life or property.
Co-operation of interstate fire brigades
Schedule 1 (20) amends section 26 to require the co-operation of members of
interstate fire brigades at the scene of such an incident and to remove the penalties
aimed at enforcing that co-operation at fires.
Information about insurance
Schedule 1 (21) amends section 30 to allow information to be obtained about the
insurance of any premises or property (including any hazardous material) that has been
damaged or destroyed or otherwise involved in a hazardous material incident.
Setting up of bodies to deal with hazardous material incidents
Schedule 1 (22) amends section 31 to limit the formation of bodies to deal with such
incidents to:
· fire brigades constituted under the Act; or
· bodies operating only on land owned or used by them or at which they are
employed; or
· bodies formed by the owners of hazardous materials or of vehicles or other
means of transport involved in such incidents; 'or
· bodies formed with the approval of the Director-General of New South Wales
Fire Brigades.
Representation at inquests or inquiries
Schedule 1 (23) amends section 36 to provide that the Director-General may be
represented at inquests or inquiries arising out of such incidents.
Extension of insurance for fire
Schedule 1 (24) amends section 38 to include certain damage caused by a fire
brigade in dealing with such a hazardous material incident as if it were damage caused
by fire for the purposes of any policy of insurance against fire covering the damaged
property.
Charges for attending hazardous material incidents
Schedule 1 (25) amends section 40 to allow the Director-General to recover charges,
not exceeding charges set by Regulations made under the Act, for services provided by
fire brigades in dealing with such an incident in certain circumstances.
Schedule 1 (26) amends section 41 to require the apportionment of any such charge
in accordance with any Regulation made for the purpose.
Savings and transitional
Schedule 1 (27) amends Schedule 4 to apply amendments made by the proposed Act
to hazardous material incidents that start before the amendments commence, but not so
as to impose any retrospective duty.
Approvals of volunteer fire brigades which would otherwise have to be granted again
(because of the amendment made by Schedule 1 ( 6 ) ) are also saved.
Amendments that expand the cover provided by a fire insurance policy to certain
property damage caused by members of fire brigades when dealing with a hazardous
material incident are extended to insurance policies effected before and in force when
the amendments commence, but will apply only to damage caused after the amendments
commence.
The upper limits set by Regulations on charges that may be recovered under section
40 for services rendered by members of fire brigades outside fire districts are extended
to services rendered by those members in dealing anywhere in the State with hazardous
material incidents to the extent that they do not involve fires, but may be varied by
further Regulations.