New South Wales Consolidated Acts

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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