New South Wales Consolidated Acts

FIRE BRIGADES ACT 1989

- As at 30 June 2010
- Act 192 of 1989

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Application of Act
   5.      Fire districts

   PART 2 - PROVISION OF FIRE BRIGADES ETC

   6.      Duty to deal with fires and hazardous material incidents
   7.      General authority to protect persons and property
   8.      Establishment, maintenance etc of fire brigades
   9.      Volunteer fire brigades
   10.     Exercise of functions by officers and agents
   10A.    Protection of environment

   PART 3 - FIGHTING AND PREVENTING FIRES AND DEALING WITH HAZARDOUS MATERIAL INCIDENTS

           Division 1 - Powers at fires and hazardous material incidents

   11.     Brigades to proceed with speed to suspected fires or hazardous material incidents
   12.     Investigation of reported fires and hazardous material incidents
   13.     General powers of officers at fires and hazardous material incidents
   14.     Closure of streets and public places
   15.     Use of water etc
   16.     Taking possession etc of buildings and vessels during fires or hazardous material incidents
   17.     Making walls and buildings safe
   18.     Disconnection etc of gas and electricity
   19.     General power to remove persons or obstacles

           Division 2 - Special powers

   20.     Fires outside areas to which Act applies
   20A.    Hazardous material incidents outside area to which Act applies
   21.     Power to clear fire breaks etc
   22.     Authority to enter land and buildings

           Division 3 - Command structure

   23.     Commissioner may authorise others to exercise functions
   24.     Officer in charge may authorise others to exercise functions
   25.     Duty to recognise authority of officers
   26.     Interstate assistance

           Division 4 - Inspection etc

   27.     Inspection etc of brigades
   28.     Inspection of theatres etc
   29.     Inspection-dangerous goods, lighting of fires
   30.     Information may be requested from owner

           Division 5 - Offences

   31.     Fire brigade not to be constituted unless authorised
   32.     Concealing fire hydrant
   33.     Damaging fire brigade equipment etc
   34.     False alarms
   35.     Obstruction of fire fighters or other personnel
   35A.    (Repealed)

           Division 6 - Miscellaneous

   36.     Commissioner may be represented at inquiry
   37.     Payments for voluntary services
   38.     Certain damage to be covered by insurance
   39.     Use of water for practice

   PART 4 - CHARGES FOR ATTENDING FIRES AND OTHER SERVICES

   40.     Charges for attending fires or hazardous material incidents
   41.     Apportionment of charges
   42.     Charges for other services
   43.     Waiver or reduction of charges

   PART 5 - CONTRIBUTION TO FIRE BRIGADES COSTS

           Division 1 - Preliminary

   44.     Definitions

           Division 2 - Estimates of fire brigades expenditure

   45.     Minister to prepare estimate of fire brigades expenditure
   46.     Adjustment of estimates of recurrent expenditure

           Division 3 - Imposition of fire brigade contributions

   47.     Imposition of fire brigade contributions to be paid
   48.     Who is liable to pay fire brigade contributions
   49.     When fire brigade contributions are to be paid
   50.     Unpaid fire brigade contributions a debt due to the Commissioner

           Division 4 - Contributions by Treasurer

   51.     Contributions by Treasurer

           Division 5 - Contributions by local councils

   52.     Contributions by local councils for fire districts
   53.     Apportionment between local councils
   54.     Annual assessment notice
   55.     Instalment notices
   56.     How contribution is to be funded

           Division 6 - Contributions by insurance companies

   57.     Definitions
   58.     Returns by insurance companies
   59.     Assessments
   60.     Annual assessment notice
   61.     Instalment notices
   62.     Liability of owner where foreign insurer involved
   63.     Returns by owners of property
   64.     Audit of accounts of insurance companies

           Division 7 - Administration of Funds

   64A.    New South Wales Fire Brigades Fund
   64B.    Management of unspent funds

           Division 8 - Miscellaneous

   64C.    Amendment of Schedule 1

   PART 6 - ADMINISTRATION

           Division 1 - The Department

   65.     Establishment of Department
   66.     Staff of Department etc
   67.     Efficiency, discipline and good conduct

           Division 2 - Fire fighters

   68.     Definition of “Authority”
   69.     Appointment etc of fire fighters
   70.     Authority is to be employer for certain purposes
   71.     Authority may fix salaries, wages etc
   72.     Authority may enter into agreements
   73.     Commissioner to give effect to orders, agreements etc
   74.     Regulations relating to members of fire brigades

           Division 2A - Community fire units

   74A.    Definitions
   74B.    Establishment of community fire units
   74C.    Objects and functions of community fire units
   74D.    Appointment of members
   74E.    Training and equipment for community fire units

           Division 3 - The Advisory Council

   75.     Constitution of Council
   76.     Functions of Council
   77.     Committees of Council

   PART 7 - GENERAL

   78.     Protection from liability
   78A.    Temporary assignment of Departmental staff and fire brigade members to carry out work for Police and Emergency Services NSW
   79.     Acquisition of land
   79A.    Automatic fire alarm network service arrangements
   80.     Information to policy holders
   81.     Expenses incurred by agents and trustees
   82.     Recovery of charges
   83.     Delegation
   84.     Proceedings for offences
   85.     Regulations
   86.     Repeals and amendments
   87.     Savings and transitional provisions
           SCHEDULE 1
           SCHEDULE 2
           Schedule 3 (Repealed)
           SCHEDULE 4