Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) In this Act:
"approved form" means a form approved under section 8A.
"authorised" means authorised, in writing, by the Director.
"auxiliary member" means a person appointed under section 13 to be an auxiliary member of the Fire and Rescue Service.
"Chief Executive Officer" means the Chief Executive Officer, within the meaning of the Public Sector Employment and Management Act , of the Fire and Rescue Service.
"Chief Fire Officer" means the Chief Fire Officer of the Fire and Rescue Service referred to in section 7.
"Director" means the Director of the Fire and Rescue Service referred to in section 7.
"emergency" means an occurrence, where effective response is within the capacity and resources of the Fire and Rescue Service as determined by the Chief Executive Officer, that:
(a) causes or threatens to cause:
(i) loss of life or property; or
(ii) injury to persons or property or distress to persons; or
(b) in any way endangers the safety of the public of the Territory; or
(c) in any way causes or threatens to cause damage to the environment of the Territory.
"emergency response area" means an area declared under section 4 to be an emergency response area.
"fire and emergency response group" means a fire and emergency response group established under section 11.
"Fire and Rescue Service" means the Northern Territory Fire and Rescue Service established by section 5.
"fire ban day" means a day declared a fire ban day under section 31.
"fire investigator" means a person appointed as a fire investigator under section 22.
"flammable or combustible material" includes:
(a) a substance capable of ignition or combustion:
(i) by the application of heat; or
(ii) by means of a spark or flame; or
(iii) by spontaneous causes; and
(b) a substance prescribed to be flammable or combustible material.
"hazard reduction" means taking precautionary action and conducting inspections, other than as part of the response to an existing incident, to eliminate or reduce danger by fire or other emergency to life or property.
"hazardous material" means any of the following:
(a) dangerous goods as defined in the Dangerous Goods Act ;
(b) a hazardous chemical as defined in the Work Health and Safety (National Uniform Legislation) Regulations ;
(c) a product or substance that has the potential to harm life, health, property or the environment.
"incident" means a fire or other emergency.
"incident commander" means the member or person who, in accordance with section 19, is in command of a fire or other emergency, or the member to whom the powers and functions of the incident commander are transferred under that section.
"in the open air" means any place other than in a permanent structure.
"member" means:
(a) an employee, within the meaning of the Public Sector Employment and Management Act , employed in the Fire and Rescue Service; or
(b) an auxiliary member; or
(c) a volunteer member.
"occupier", in relation to land, includes:
(a) a person having, or being entitled to, the use or management of land; and
(b) where land is let in separate parts, a person receiving or entitled to receive the rent payable in respect of those separate parts, either on his or her own account or as agent for another person,
and includes a person in occupation of land belonging to the Territory, the Commonwealth or a State or another Territory of the Commonwealth, notwithstanding any want or defect of title to occupy the land.
"owner", in relation to land, means the person in actual receipt of, or entitled to receive, the rents and profits of the land or who, if the land was let, would be entitled to receive the rents and profits whether as beneficiary, owner, trustee, executor or mortgagee in possession or as agent or attorney for another person.
"permanent structure" means a structure of a permanent kind consisting of a roof and fully or partly enclosed sides and includes a caravan but does not include a tent.
"permit" means a permit granted under section 30.
"vehicle" includes:
(a) any means of conveyance that runs on wheels; and
(b) a train or part of a train; and
(c) an aircraft.
"vessel" means a ship, barge, boat or other vessel designed to float on water and includes:
(a) an air-cushioned craft capable of being used as a means of transportation on water; and
(b) a structure that floats or is designed to be floatable so as to allow the structure to be towed to a location offshore for oil or gas exploration or production or another industrial application.
"volunteer member" means a person appointed under section 14 to be a volunteer member of the Fire and Rescue Service.
(2) For the purposes of this Act, a person is taken to light a fire if the person:
(a) lights, maintains or uses the fire; or
(b) aids, procures or counsels another to light, maintain or use the fire; or
(c) being the owner or occupier of the land on which the fire is lit, permits another to light, maintain or use the fire.