BUSH FIRES ACT 1954 - SECT 13

BUSH FIRES ACT 1954 - SECT 13

13 .         Duties and powers of bush fire liaison officers

        (1)         A bush fire liaison officer shall exercise such powers and perform such duties as the FES Commissioner may direct and may, in addition, exercise all the powers that may be exercised by a bush fire control officer under this Act.

        (2)         A bush fire liaison officer shall exercise his powers and perform his duties —

            (a)         subject to such directions as may be given by the FES Commissioner;

            (b)         in such part or parts of the State as the FES Commissioner may direct.

        (3)         Subject to subsection (6), in the exercise or performance of any of the powers or duties conferred or imposed on a bush fire liaison officer he shall co-operate with, and act in an advisory capacity to a bush fire control officer.

        (4)         If a bush fire is burning in the district of a local government on land other than conservation land, the FES Commissioner may, in writing, authorise a bush fire liaison officer or another person to take control of all operations in relation to that fire —

            (a)         at the request of the local government; or

            (b)         if, because of the nature or extent of the bush fire, the FES Commissioner considers that it is appropriate to do so.

        (5)         If a bush fire is burning on conservation land, the FES Commissioner may, in writing, authorise a bush fire liaison officer or another person to take control of all operations in relation to that fire —

            (a)         at the request of the CALM Act CEO; or

            (b)         if, because of the nature or extent of the bush fire, the FES Commissioner considers that it is appropriate to do so.

        (6)         If, under subsection (4) or (5), a bush fire liaison officer or another person (an authorised person ) is authorised to take control of all operations in relation to a fire, all —

            (a)         bush fire control officers; and

            (b)         bush fire liaison officers; and

            (c)         authorised CALM Act officers; and

            (d)         officers and members of a bush fire brigade,

                who are present at the fire are in all respects subject to, and are to act under, the authorised person’s orders and directions.

        (7)         If a person other than a bush fire liaison officer is authorised under subsection (4) or (5), the person is to be taken to be a bush fire liaison officer during the period that the authorisation has effect.

        [Section 13 inserted: No. 65 of 1977 s. 10; amended: No. 42 of 1998 s. 16; No. 38 of 2002 s. 19; No. 25 of 2009 s. 5; No. 22 of 2012 s. 69.]