Northern Territory Explanatory Statements

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FIRE AND EMERGENCY LEGISLATION AMENDMENT BILL 2009

2009

LEGISLATIVE ASSEMBLY OF THE

NORTHERN TERRITORY OF AUSTRALIA

MINISTER FOR POLICE, FIRE AND EMERGENCY SERVICES

FIRE AND EMERGENCY AMENDMENT BILL 2009

SERIAL NO. 62



EXPLANATORY STATEMENT
GENERAL OUTLINE

The purpose of the Bill is to amend the Fire and Emergency Act to improve the administration of the Act by making provision for the exercise of hazard reduction powers within emergency response areas as well as those hazard functions of inspecting buildings and other places for compliance with relevant fire safety legislation anywhere in the Territory. Other ancillary amendments are included.


NOTES ON CLAUSES

Clause 1 Short Title

Describes the short title of the Bill.

Clause 2 Commencement Date

Provides that this Act comes into operation on a date fixed by the Administrator in the Gazette.

Clause 3 Act amended

Provides that the Bill amends the Fire and Emergency Act.

Clause 4 Amendment of section 3 (Interpretation)

Replaces the definition of “hazard reduction” to mean action by an Incident Commander in taking precautionary measures, such as back-burning operations in relation to an incident in an emergency response area, and for inspections of buildings and other places anywhere in the Territory for compliance of fire safety legislation.

Clause 5 Amendment of section 6(cb) (Role of Fire and Rescue Service)

Clause 6 Repeal and substitution of sections 25 and 26

Firstly, this clause inserts a new proposed section 24A which defines the term “place” to mean any land, building, vehicle or vessel.

Secondly, this clause replaces section 25, which is re-drafted in plain English. In addition, it removes the words “public entertainment or public gathering” from section 25(1)(a) and makes provision for strategic burn-offs in proposed section 25(1)(b). The provision also includes the power to use reasonable force to enter a place and carry out any specified action where an owner or occupier has failed to do so following the issue of a notice. Proposed section 25(7) is inserted to define the terms “hazard” and “strategic burn-off”. Hazard means a direct or indirect danger by fire or other emergency to life or property. Strategic burn-off means the lighting of a fire as a hazard reduction measure.

Thirdly, the clause replaces section 26 which is drafted in plain English.

Clause 7 Amend section 27 (Liability where notice no complied with)

Replaces “on the land or in the building vehicle or vessel” with “at the place” in section 27(1)(b).

Clause 8 Amendment of section 27A (Certain buildings to be inspected regularly for fire safety etc.)

Replaces the heading of section 27A with “Certain buildings to be inspected regularly” and substitutes the term “authorised member” with “authorised person” in section 27A(1) and (3).

Clause 9 Regulations amended

Provides that Part 3 of the Bill amends the Fire and Emergency Regulations.

Clause 10 Amendment of Regulation 11 (duties of owners and occupiers of certain buildings)

This amendment inserts Regulation 11(1AA) into the regulations. The regulation prescribes the class of buildings listed in Schedule 2 of the Regulations to be the prescribed class of buildings required to be regularly inspected for the purposes of section 27A of the Act. As a consequence of this amendment, regulation 11(7) is deleted.

 

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