FIRE AND EMERGENCY SERVICES ACT 2005 - SECT 97
FIRE AND EMERGENCY SERVICES ACT 2005 - SECT 97
(1) An officer of
SACFS may take, or cause to be taken, any action that appears necessary or
desirable for the purpose of protecting the life, health or safety of any
person or animal, or protecting property, relevant services or the
environment, or for any other purpose associated with dealing with a fire or
other emergency or the threat of a fire or other emergency (despite the fact
that the action may result in damage to, or destruction of, property or any
aspect of the environment or cause pecuniary loss to any person).
(2) Without limiting
or derogating from the operation of subsection (1), an officer under
subsection (1), or any person acting under the command of an officer, may
(to such extent as appears necessary or desirable in the circumstances)—
(a)
enter and, if necessary break into any land, building, structure or vehicle
(using such force as is necessary);
(b) take
possession of, protect or assume control over any land, body of water,
building, structure, vehicle or other thing;
(c)
remove or destroy, or order the removal or destruction of, any building,
structure, vehicle, vegetation, animal or other thing;
(ca)
carry out, or cause to be carried out, excavation or other earthworks;
(cb)
construct, or cause to be constructed, barriers, buildings or other
structures;
(cc)
subject a place or thing to a decontamination procedure;
(d)
direct the owner of, or the person for the time being in charge of, any real
or personal property to place it under the control or at the disposition of a
specified person;
(e)
remove, or cause to be removed, to such place as the officer or other person
thinks fit, any person or animal, or direct the evacuation or removal of any
person or animal;
(f)
direct or prohibit the movement of persons, animals or vehicles;
(fa)
direct a person to submit to a decontamination procedure;
(g)
remove flammable material or any other hazardous material, or cause flammable
material or any other hazardous material to be removed, from any place,
building or structure;
(h)
cause any supply of fuel or other flammable liquid, any gas or electricity, or
any other hazardous material to be connected, reconnected, disconnected or
shut off;
(i)
direct a person who is in a position to do so—
(i)
to stop any work or operation; or
(ii)
to close any premises or other place; or
(iii)
to contain the escape of any hazardous material, or to
nullify the effects of the escape of any hazardous material; or
(iv)
to shut off or remove any plant, equipment, apparatus or
device or to perform any operation in relation to any plant, equipment,
apparatus or device;
(j) take
and use water or any other fire extinguishing material from any place;
(k) shut
off, or cut off, the supply of water or any drainage facility;
(l)
cause firebreaks to be ploughed or cleared on any land;
(m) make
use of the gratuitous services of any person;
(n)
direct, insofar as may be reasonably necessary in the circumstances, any
person to assist in the exercise of any power under this section;
(o)
exercise any prescribed power.
(3) In the absence of
an officer, the powers of an officer under subsections (1) and (2) may be
exercised by any member of SACFS.
(4) A person must not,
without reasonable excuse, refuse or fail to comply with a requirement or
direction of an officer of SACFS or of any other person given in accordance
with subsection (1) or (2).
Maximum penalty:
(a) if
the offender is a body corporate—$75 000;
(b) if
the offender is a natural person—$20 000.
(5) An officer of
SACFS may, for the purpose of controlling a fire, light another fire, or cause
another fire to be lit (despite any other provision of this Act).
(6) A member of SACFS
must, before taking any prescribed action with respect to private land or a
government reserve, or property on private land or a government reserve—
(a)
consult with the owner or person in charge of the land or reserve if that
person is in the presence of, or may be immediately contacted by, the member
of SACFS; and
(b) if
the prescribed action would affect a government reserve, take into account any
relevant provisions of a management plan for the reserve that have been
brought to the attention of the member.
(7) The Chief Officer
must take steps to have any relevant provisions of a management plan for a
government reserve brought to the attention of members of SACFS who might
exercise powers under this section with respect to the reserve.
(10) If an officer of
SACFS, acting in relation to a fire or other emergency, engages a contractor
to demolish, contain, neutralise, dispose of or remove any dangerous or
hazardous structure, object, substance or materials, the costs of engaging the
contractor are recoverable by SACFS as a debt from the owner of the dangerous
structure, object, substance or materials in a court of competent
jurisdiction.
(11) In any
proceedings under subsection (10), a certificate apparently signed by the
Chief Officer certifying the costs of engaging the contractor is, in the
absence of proof to the contrary, to be accepted as proof of the costs so
certified.
(12) In this
section—
"government reserve" means—
(a) a
forest reserve; or
(b) a
reserve administered under the National Parks and Wildlife Act 1972 ; or
(c) any
other prescribed land;
"prescribed action" means the exercise of a power under this section that
would result in damage to, or destruction of, property or cause pecuniary loss
to any person.
(13) This section
operates subject to the provisions of the Emergency Management Act 2004
.