Queensland Consolidated Acts Queensland Consolidated Acts(1) If a person performing duties under this Act discovers any fire burning within 3km of any State forest, timber reserve or forest entitlement area, and the person is of the opinion that such fire is likely to spread to and cause damage to the State forest, timber reserve or forest entitlement area, the person may (with such assistants, plant, vehicles, animals and equipment as are necessary for the purpose) enter upon the land on which such fire is burning and perform any acts necessary to control and extinguish the fire.
(1A) No liability shall attach to the chief executive or any person performing duties under this Act in respect of any loss or damage to property occasioned by any person as aforesaid in the exercise in good faith of the person's powers, pursuant to this section, in connection with any fire but any damage shall be deemed to be damage by a fire within the meaning of any policy of insurance against fire covering the damaged property and every such policy of insurance whether issued before or after the commencement of this Act shall notwithstanding anything therein contained be read and construed accordingly.
Recovery of expenses incurred in extinguishing fires
(2) Where it is established that the owner or occupier of the land on which the fire originated, or the owner's or occupier's agent or employee, was responsible for the lighting of such fire and its lighting was not authorised under the Fire and Rescue Service Act 1990, part 7, then the State may recover from the owner or occupier of the land on which the fire originated, in any court of competent jurisdiction, all reasonable expenses incurred by a person performing duties under this Act in controlling and extinguishing such fire (including, but without limiting the generality hereof, salaries and wages of officers and employees and compensation for the use of plant, vehicles and equipment).
(2A) The provisions of subsection (2) shall be in addition to and not in diminution of or substitution for the provisions of any other enactment of this Act.
(3) Where any person performing duties under this Act has, within the boundaries of any State forest, timber reserve or forest entitlement area, as the case may be, extinguished or caused to be extinguished a fire burning within that State forest, timber reserve or forest entitlement area, as the case may be, then, if it be established that such fire originated on land other than that State forest, timber reserve or forest entitlement area, as the case may be, and that the owner or occupier of the land on which such fire originated, or his or her agent or employee, was responsible for the lighting of such fire and that its lighting was not authorised under the Fire and Rescue Service Act 1990, part 7, the State may recover from the owner or occupier of the land on which the fire originated, in any court of competent jurisdiction, all reasonable expenses incurred by a person performing duties under this Act in controlling and extinguishing such fire (inc luding, but without limiting the generality hereof, salaries and wages of officers and employees and compensation for the use of plant, vehicles and equipment).
(3A) The provisions of subsection (3) shall be in addition to and not in derogation of or substitution for the provisions of any other enactment of this Act.
Forest officer deemed to be first officer of bush fire brigade
(4) For the purpose of the exercise and performance by a forest officer or person performing duties under this Act of the powers, functions and authorities conferred upon the forest officer or person by this section, such forest officer or person shall be deemed to be the first officer of a bush fire brigade under and within the meaning of the Fire and Rescue Service Act 1990 and shall have and may exercise all the powers, functions and authorities conferred upon the said first officer by the said Act.