RURAL FIRES ACT 1997 -
RURAL FIRES ACT 1997 -
DICTIONARY
Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
In this Act--
"Advisory Council" means the Rural Fire Service Advisory Council.
"approved form" means a form approved for the time being by the Minister.
"area" of a local authority means the area in relation to which the local
authority exercises its functions.
"authorised officer" of a fire fighting authority or other authority means an
officer of, or person authorised to exercise functions, conferred on
authorised officers under this Act by, a fire fighting authority or other
authority.
"back burning" means the application of fire to combustible matter so as to
provide a fire break to control or suppress a fire or protect persons,
property or the environment from an existing or imminent danger arising out of
a fire, incident or other emergency.
"brigade member" means a person shown on the register of a rural fire brigade
as a member of the brigade.
"bush fire" includes a grass fire.
"bush fire danger period" means a period fixed by or under section 81 or 82 as
a bush fire danger period.
"bush fire hazard complaint" means a complaint under section 74A.
"bush fire hazard reduction certificate" means a certificate referred to in
section 100D.
"bush fire hazard reduction notice" means a notice under section 66.
"bush fire hazard reduction work" means--
(a) the establishment or maintenance of fire breaks and fire trails on land, and
(b) the controlled application of appropriate fire regimes or other means for the reduction or modification of available fuels within a predetermined area to mitigate against the spread of a bush fire,but does not include construction of a track or road.
"bush fire management plan" means--
(a) a plan of operations, or
(b) a bush fire risk management plan, or
(c) a fire access and fire trail plan.
"bush fire prone land" has the same meaning as it has in the Environmental Planning and Assessment Act 1979 .
"bush fire risk management plan" means a plan prepared under Division 4 of Part 3 for the purpose referred to in section 54.
"combat agency" see section 4.
"combustible matter" means--
(a) any matter or substance capable of ignition by the application of heat, fire, flame or sparks or spontaneously, and
(b) any matter or substance prescribed by the regulations as combustible matter for the purposes of this definition.
"Commissioner" means the Commissioner of the NSW Rural Fire Service.
"Co-ordinating Committee" means the Bush Fire Co-ordinating Committee.
"council" means a council, county council or joint organisation within the meaning of the Local Government Act 1993 .
"Crown land" has the same meaning as in the Crown Land Management Act 2016 .
"designated fire trail" means a fire trail that is the subject of a direction under section 62L or an agreement under section 62M, that in each case provides for the establishment of a fire trail for the purposes of Part 3B, but does not include a registered fire trail. If the fire trail is not yet wholly or partly created, the fire trail is nevertheless taken to be a designated fire trail situated on the land concerned.
"emergency" see section 4.
"emergency bush fire hazard reduction work" means bush fire hazard reduction work carried out to protect persons, property or the environment from an existing or imminent danger arising out of a fire.
"emergency fire fighting act" means anything (other than emergency bush fire hazard reduction work) done or authorised to be done by a fire fighting authority, during the course of bush fire fighting operations, by or under this or any other Act.
"emergency services organisation" see section 4.
"exercise" of a function includes the performance of a duty.
"existing fire trail" includes a former fire trail that has fallen into disuse or has been wholly or partly blocked, damaged or destroyed.
"financial year" means the period from 1 July to the following 30 June.
"fire access and fire trail plan" means a plan prepared under Division 4 of Part 3 for the purposes referred to in section 54A.
"fire brigade" means a fire brigade within the meaning of the Fire and Rescue NSW Act 1989 .
"fire control officer" means a fire control officer of the NSW Rural Fire Service.
"fire district" means land within a fire district constituted under the Fire and Rescue NSW Act 1989 .
"fire fighting apparatus" includes all vehicles, equipment and other things used for or in connection with the prevention or suppression of fire or the protection of life or property in case of fire.
"fire fighting authority" means the following--
(a) the Service,
(b) Fire and Rescue NSW,
(c) the Office of Environment and Heritage,
(d) the Forestry Corporation,
(e) any other body prescribed by the regulations for the purposes of this definition.
"fire permit" means a permit issued under section 89.
"fire trail complaint" means a complaint under section 62P.
"fire trail management officer" means a person nominated as a fire trail management officer under section 62ZO.
"fire trail rectification notice" means a notice under section 62Y.
"fire trail rectification work" means work for the purpose of--
(a) constructing or completing the construction of a designated fire trail in compliance with the Fire Trail Standards, or
(b) bringing a designated fire trail or registered fire trail into compliance or closer compliance with the Fire Trail Standards.
"Fire Trail Standards" means the Fire Trail Standards under section 62K.
"function" includes a power, authority or duty.
"Fund" means the New South Wales Rural Fire Fighting Fund.
"group of rural fire brigades" means two or more rural fire brigades that comprise a group of rural fire brigades formed under section 15.
"hazard management officer" means a person nominated as a hazard management officer under section 65A.
"insurance company" see section 101.
"light" a fire see section 85.
"local authority" means--
(a) in relation to land that is situated within an area within the meaning of the Local Government Act 1993 --the council of the area, or
(b) in relation to land within the Western Division (other than land referred to in paragraph (a))--the person appointed under section 7A, or
(c) in relation to Lord Howe Island--the Lord Howe Island Board.
"managed bush fire hazard reduction work" means bush fire hazard reduction work that is carried out in accordance with a bush fire risk management plan.
"managed land" means land that is--
(a) a State forest, flora reserve or timber reserve within the meaning of the Forestry Act 2012 , or acquired for the purpose of dedication or reservation under that Act, or in respect of which the Forestry Corporation has obtained the benefit of a forestry right within the meaning of Division 4 of Part 6 of the Conveyancing Act 1919 , or
(b) dedicated or reserved, or acquired for the purpose of dedication or reservation, under the National Parks and Wildlife Act 1974 , or
(c) vested in, or under the control of, Rail Corporation New South Wales, Sydney Metro, Transport for NSW, Residual Transport Corporation of New South Wales, Transport Infrastructure Development Corporation or Rail Infrastructure Corporation, or
(d) land within the catchment area of a water authority, or
(e) other land prescribed by the regulations for the purposes of this definition.
"Management Committee" means a Bush Fire Management Committee constituted under Part 3.
"members" of the Service means the persons comprising the NSW Rural Fire Service.
"neighbourhood safer place" means land or a building designated as a neighbourhood safer place under section 62C.
"occupier" of land means--
(a) the person who has the management or beneficial use of the land (whether resident on the land or not), or
(b) if the land is a public reserve or park--the trustees or any person having the care, control and management of the land.
"officer" of a rural fire brigade (or group of rural fire brigades) means the holder of a rank designated as the position of an officer by the Commissioner under section 12.
"officer in charge" at a fire at which a rural fire brigade is present for the purpose of mitigating or suppressing the fire means--
(a) the Commissioner, or
(b) if the Commissioner is absent, the person for the time being in charge of the members of the rural fire brigade present at that fire.
"owner" of land--
(a) in relation to Crown land, means the Crown and includes--(i) a lessee of land from the Crown, and(ii) a person to whom the Crown has lawfully contracted to sell the land but in respect of which the purchase price or other consideration for the sale has not been received by the Crown, and
(b) in relation to land other than Crown land, includes--(i) every person who jointly or severally, whether at law or in equity, is entitled to the land for any estate of freehold in possession, and(ii) every such person who is entitled to receive, or is in receipt of, or if the land were let to a tenant would be entitled to receive, the rents and profits of the land, whether as beneficial owner, trustee, mortgagee in possession, or otherwise, and(iii) in the case of land that is the subject of a strata scheme under the Strata Schemes Development Act 2015 , the owners corporation under that scheme, and(iv) in the case of land that is a community, precinct or neighbourhood parcel within the meaning of the Community Land Development Act 2021 , the association for the parcel, and(v) every person who by this Act is taken to be the owner, and
(c) in relation to land subject to a mining lease under the Mining Act 1992 , the holder of the lease.
"plan of operations" means a plan prepared under Division 4 of Part 3 for the purposes referred to in section 53.
"premises" includes any building of any description or any part of a building and any land whether built on or not but does not include any building on, or land forming part of, managed lands.
"public authority" means--
(a) any public or local authority constituted by or under an Act other than this Act, or
(b) a Public Service agency, or
(c) a statutory body representing the Crown, or
(d) a State owned corporation, or
(e) any person prescribed by the regulations as a public authority,and in Part 4 includes an authorised network operator under the Electricity Network Assets (Authorised Transactions) Act 2015 .
"registered fire trail" means a fire trail that is registered in the register of certified fire trails referred to in section 62O.
"rural fire brigade" means a rural fire brigade formed under Part 2.
"rural fire district" means a rural fire district within the meaning of Part 1.
"rural fire services" see section 9 (4).
"Service" means the NSW Rural Fire Service established under Part 2.
"Service Standards" means the policy statements issued by the Commissioner under section 13 as in force from time to time.
"territory" of a rural fire brigade or group of rural fire brigades means the territory of the brigade or group as determined under section 19.
"tree" includes bush, shrub, scrub, timber, grass or vegetative or other material.
"unoccupied Crown land" means Crown land that is not--
(a) held under lease or licence, or
(b) vested in, or under the control of, trustees.
"vehicle" means any means of transport whether self-propelled or not, and whether used on land or water or in the air.
"volunteer rural fire fighters" --see section 8 (3).
"Western Division" means that part of the State that is the Western Division within the meaning of the Crown Land Management Act 2016 .