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RURAL FIRES ACT 1997
- As at 13 December 2007
- Act 65 of 1997
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
Note
1. Name of Act
2. Commencement
3. Objects of Act
4. Definitions
5. Notes
6. Rural fire districts
7. Responsible local authorities in rural fire districts
PART 2 - NSW RURAL FIRE SERVICE
Note
Division 1 - The Service
8. NSW Rural Fire Service
9. Functions of Service
Division 2 - The Commissioner and other staff of Service
10. The Commissioner and other staff
11. Ministerial control
12. Functions of Commissioner
12A. Entry into rural fire district service agreements
13. Service Standards
14. Delegation by Commissioner
Division 3 - Rural fire brigades
15. Formation of rural fire brigades
16. Formation of groups of rural fire brigades
17. Disbandment of rural fire brigades
18. Area of operations and officers of rural fire brigades
19. Area of operations and officers of groups of rural fire brigades
20. Members of rural fire brigades
21. Functions of officers of rural fire brigades
22. General powers of rural fire brigade officers and others
23. Power to enter premises
24. Closure of streets and public places
25. Making premises safe
26. Use of water and works
27. Permission of RailCorp, RIC or TIDC required
28. Damage to property and the environment
29. Notice of entry
30. Care to be taken
31. Use of force
32. Authority to enter premises
33. Voluntary work by rural fire brigade
Division 4 - Fire control officers
34. Deputy fire control officers
35. Acting fire control officer
36. Councillors not to be appointed as fire control officers, deputy fire control officers or acting fire control officers
37. Responsibilities of fire control officers and local authorities
38. Functions of fire control officers
Division 5 - Command structure
39. Commissioner may authorise officers and members of rural fire brigades to exercise functions
40. Officer in charge may authorise others to exercise functions
41. Duty to recognise authority of officers
42. Obstruction etc of Commissioner and other members of Service
43. Interstate assistance at fires
PART 3 - CO-ORDINATED BUSH FIRE FIGHTING
Note
Division 1 - Co-ordination of bush fire fighting by Commissioner
44. Commissioner’s responsibility
45. Power to give directions etc
Division 2 - Bush Fire Co-ordinating Committee
46. Constitution of Bush Fire Co-ordinating Committee
47. Membership and procedure of Bush Fire Co-ordinating Committee
48. Functions of Bush Fire Co-ordinating Committee
49. Delegation
Division 3 - Bush Fire Management Committees
50. Bush Fire Management Committees
51. Functions of Bush Fire Management Committees
Division 4 - Preparation of draft bush fire management plans
52. Bush Fire Management Committees to prepare plans
53. Content of draft plan of operations
54. Content of draft bush fire risk management plan
55. General content
56. Failure of Management Committee
Division 5 - Public participation in preparation of plans
57. Public notice of draft bush fire risk management plans
58. Adoption of bush fire risk management plans
59. Adoption of bush fire plans of operation
60. Co-ordination of planning by bush fire management plans
61. Amendment, revocation and cessation of bush fire management plans
62. Public availability of bush fire management plans and draft bush fire management plans
Division 6 - General
62A. Performance audit of implementation of bush fire risk management plans
PART 4 - BUSH FIRE PREVENTION
Note
Division 1 - Duty to prevent bush fires
63. Duties of public authorities and owners and occupiers of land to prevent bush fires
64. Occupiers to extinguish fires or notify fire fighting authorities
Division 2 - Bush fire hazard reduction
Note
65. Reduction of fire hazards on unoccupied Crown land and managed land
66. Bush fire hazard reduction work required by local authorities
67. Objection to notices
68. Appeal against notices
69. Duties of local authority
70. Bush fire hazard reduction work in default of compliance with notice
71. Defence to court proceedings
72. Certain damage to property caused by bush fire hazard reduction work covered by fire insurance
73. Bush fire hazard reduction by Commissioner
74. Bush fire hazard reduction reports
Division 2A - Bush fire hazard complaints
74A. Bush fire hazard complaints
74B. Who may make a bush fire hazard complaint
74C. How and to whom are complaints to be made
74D. Investigation of complaint
74E. Action that may be taken by local authority if bush fire hazard exists
74F. Action that may be taken by Commissioner if bush fire hazard exists
74G. Complainant to be notified of action taken
74H. Failure of local authority to take action
Division 3 - Damage by fire to dividing fences and other matters
75. Definitions
76. Notices to repair or restore dividing fences
77. Recovery of costs
78. Jurisdiction of Local Court
79. Entry to land to extinguish fire
80. (Repealed)
Division 4 - Bush fire danger period
81. General bush fire danger period
82. Local bush fire danger period
83. Consultation required before local bush fire danger period declaration made
84. (Repealed)
Division 5 - Permits and notice requirements
85. Definitions
86. Notice and certain authorities required before certain fires lit
87. Lighting fires for land clearance or fire breaks in bush fire danger period
88. Lighting fires that are dangerous to buildings in fire districts and rural fire districts
89. Issue of permits
90. Duration of permits
91. Cancellation or suspension of permits
92. Conditions of permit
93. Refusal to issue fire permit
94. Notice to be given of issue of fire permit
95. Permit not required for fires lit by public authorities
96. Appropriate authorities not determining authorities
97. Reporting requirements
98. Issue of permit does not affect duty to prevent bush fires
Division 6 - Total fire bans
99. Lighting of fires prohibited in certain circumstances
Division 7 - Lighting fires without authority
100. Offences
Division 8 - Development of bush fire prone land and for bush fire hazard reduction
Subdivision 1 - Definitions
100A. Definitions
Subdivision 2 - Bush fire prone land
100B. Bush fire safety authorities
Subdivision 3 - Bush fire hazard reduction
100C. Carrying out of bush fire hazard reduction work
100D. What is a bush fire hazard reduction certificate?
100E. Issuing and certifying authorities
100F. Issue by local authorities of bush fire hazard reduction certificates
100G. Bush fire hazard reduction certificates of certifying authorities
100H. Remedy and restraint for breaches of sections 100F and 100G
100I. Duration of bush fire hazard reduction certificate
Subdivision 4 - Bush fire environmental assessment codes
100J. Commissioner may prepare draft codes
100K. Consultation on draft codes
100L. Public participation in preparation of codes
100M. Approval of code
100N. Publication, commencement and availability of codes
100O. Amendment or revocation of codes
PART 5 - NEW SOUTH WALES RURAL FIRE FIGHTING FUND
Note
Division 1 - Preliminary
101. Definitions
Division 2 - The Fund
102. New South Wales Rural Fire Fighting Fund
Division 3 - Estimates of Fund expenditure and contributions
103. Estimate to be prepared by Minister
104. Councils etc to furnish information to Minister
105. Times for instalment payments
106. Contributions due and payable within 60 days of assessment
107. Deficits and excesses in contributions
Division 4 - Contributions by Treasurer
108. Contributions by Treasurer
Division 5 - Contributions by local government areas
109. Contributions required from councils
110. Determination of contributions of councils
Division 6 - Contributions by insurance companies
111. Contributions required from insurance companies
112. Advance payment by insurance companies
113. Definition of “total amount of the premiums”
114. Adjustments
115. Liability of owner where foreign insurer involved
116. Returns by insurance companies
117. Audit of accounts of insurance companies
Division 7 - Miscellaneous
118. Application of the Fund
119. Maintenance and disposal of fire fighting equipment purchased from Fund
120. Consolidated fund of councils
121. Distribution of annual report
PART 6 - RURAL FIRE SERVICE ADVISORY COUNCIL
Note
122. Establishment of Rural Fire Service Advisory Council
123. Membership and procedure of Advisory Council
124. Functions of the Advisory Council
PART 6A - APPLICATION OF OTHER LEGISLATION
Division 1 - Application of other legislation to emergency fire fighting acts
124A. Application of Environmental Planning and Assessment Act 1979
124B. Application of National Parks and Wildlife Act 1974 and Threatened Species Conservation Act 1995
124C. Application of Local Government Act orders
PART 7 - MISCELLANEOUS
125. Act binds Crown
126. Councils and other bodies to furnish information to Commissioner and the Co-ordinating Committee
127. Liability of persons in respect of loss or damage caused by bush or other fires
128. Protection from liability
129. Commissioner may be represented at inquiry
130. Giving of notices
131. Penalty notices
132. Powers of police officers
133. Powers affecting land near certain bush fires
134. Proceedings for offences
135. Regulations
136. Repeal of Bush Fires Act 1949
137. Savings and transitional provisions
138. (Repealed)
139. Review of Act
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
Schedule 4 (Repealed)
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