New South Wales Consolidated Acts

RURAL FIRES ACT 1997 -

DICTIONARY

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 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,

(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.

Note: Crown land, as defined in the Crown Lands Act 1989 , means land that is vested in the Crown or was acquired under the Closer Settlement Acts as in force before their repeal, not in either case being:

(a) land dedicated for a public purpose, or

(b) land that has been sold or lawfully contracted to be sold and in respect of which the purchase price or other consideration for the sale has been received by the Crown.

(a) the Service,

(b) New South Wales Fire Brigades,

(c) the Department of Environment, Climate Change and Water,

(d) the Forestry Commission,

(e) any other body prescribed by the regulations for the purposes of this definition.

(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 Western Lands Commissioner, or

(c) in relation to Lord Howe Island-the Lord Howe Island Board.

(a) dedicated or reserved, or acquired for the purpose of dedication or reservation, under the Forestry Act 1916 , or in respect of which the Forestry Commission has obtained the benefit of a forestry right as referred to in section 11 (1) (m) (iia) of that Act, 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, 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.

(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.

(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.

(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 (Freehold Development) Act 1973 or a leasehold strata scheme under the Strata Schemes (Leasehold Development) Act 1986 , 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 1989 , 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.

(a) any public or local authority constituted by or under an Act other than this Act, or

(b) any Government Department, 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.

(a) held under lease or licence, or

(b) vested in, or under the control of, trustees.