FIRE AND EMERGENCY SERVICES ACT 1998
Table of Provisions
PART 1 -- Preliminary
- 1 Short title
- 2 Commencement
- 3 Terms used
- 3A Term used: owner
- 3B Act binds Crown
PART 2 -- Administration
Division 1 -- The Minister
- 4 Term used: FES Ministerial Body
- 5 FES Ministerial Body, nature of etc.
- 6 FES Ministerial Body, purpose and effect of acts of etc.
- 7 FES Ministerial Body, execution of documents by
- 8 Minister’s powers to acquire etc. property
- 9 Minister’s power to borrow money
Division 2 -- The FES Commissioner
- 11 Functions
- 12 Powers
- 13 Department, use of operational names by
Division 3 -- Delegation
- 15 Delegation by Minister and FES Commissioner
- 16 Subdelegation
PART 3A -- State Emergency Service
- 18A FES Commissioner’s functions under this Part
- 18B FES Commissioner’s powers for this Part
- 18C SES Units, approval of etc. by FES Commissioner
- 18D SES Unit to keep register of its members etc.
- 18E SES Unit, functions of
PART 3B -- Volunteer Marine Rescue Services
- 18F FES Commissioner’s functions under this PART
- 18G FES Commissioner’s powers for this Part
- 18H VMRS Groups, approval of etc. by FES Commissioner
- 18I VMRS Group to keep register of its members etc.
- 18J VMRS Group, functions of
PART 3 -- FES Units
- 18K FES Commissioner’s functions under this PART
- 18L FES Commissioner’s powers for this Part
- 18M FES Units, approval of etc. by FES Commissioner
- 18N FES Unit to keep register of its members etc.
- 18O FES Unit, functions of
PART 4A -- Bush fire prone areas
- 18P FES Commissioner may designate bush fire prone areas
PART 4 -- Staff
- 19 Terms used
- 20 Classes of staff
- 21 Operational staff and wages staff, engagement and remuneration etc. of
- 22 Operational staff, transfer of to another class
PART 5 -- Advisory committees
- 23 Terms used
- 24 Advisory committees, establishing etc.
- 25 Volunteer advisory committees, establishing etc.
PART 6A -- Emergency services levy
Division 1 -- Annual estimates of expenditure
- 36A Annual estimate, local government to submit and FES Commissioner to pay etc.
Division 2 -- Emergency services levy and ESL category areas
- 36B Annual levy on land in ESL category area
- 36C Leviable land, FES to compile records of annually
- 36D Exemptions from levy, regulations as to
- 36E Exemptions in other enactments do not apply
- 36F ESL category areas, declaration of etc.
Division 3 -- Determination and assessment of levy
- 36G Minister to determine levy each year; method to be used
- 36H Levy to be determined by reference to gross rental value etc.
- 36I Minimum and maximum levy, Minister may determine
- 36J Assessment of levy and assessment notices, local government’s duties as to
- 36K FES Commissioner to ensure local governments have information
- 36L Levy on land owned by State etc., local governments and other persons, assessment of
- 36M When levy is due and payable
- 36N Levy on land owned by State etc., notice of etc.
Division 4 -- Payment of emergency services levy
- 36O Levy is a charge on land
- 36P Who is liable to pay levy; payment of levy
- 36Q Levy to be paid by one payment; Minister may approve instalments etc.
- 36R Discounts, concessions etc., granting
- 36S Unpaid levy, interest on
- 36T Levy, apportioning etc.
- 36UA Levy etc. paid to FES Commissioner, how to be dealt with
Division 5 -- Local governments
- 36U Levy etc. paid to local government, how to be dealt with
- 36V Local government to pay levy etc. to FES Commissioner
- 36W Local governments to be paid certain fees
- 36X Amounts unpaid under s. 36V, interest on
- 36Y Ministerial guidelines for this Part, issue of etc.
Division 6 -- Recovery of unpaid levy
- 36Z Unpaid levy etc., recovering etc.
- 36ZA Question of title to land not to affect jurisdiction
Division 7 -- Sale of land if levy is unpaid
- 36ZB Term used: levy
- 36ZC Land for which levy unpaid for 3 years, sale of
- 36ZD Land for which levy unpaid, caveats on etc.
Division 8 -- Objections and review
- 36ZE Purpose for which land used, objecting to determination of
- 36ZF Application to SAT for review
- 36ZH Objection does not affect liability to pay levy
Division 9 -- ESL agreements
- 36ZI Terms used
- 36ZJ ESL agreement, nature of etc.
- 36ZK Part 6A modified for ESL agreement (Sch. 1A)
Division 10 -- Fees and charges
- 36ZL Emergency services, fees and charges payable for
PART 6B -- Compensation for injury, loss or damage
Division 1 -- Preliminary
- 36ZM Terms used
- 36ZN When specified disease taken to be injury caused while engaged in volunteer activities
- 36ZO Application of provisions of WC&IM Act under this PART
- 36ZP Appropriate changes to WC&IM Act
Division 2 -- Insured compensation
- 36ZQ Duty to insure
- 36ZR Amount of insured compensation
- 36ZS Terms of insurance
Division 3 -- Uninsured compensation
- 36ZT Uninsured compensation for specified diseases
- 36ZU Additional compensation for specified injuries
- 36ZV Source of compensation under this Division
Division 4 -- General
- 36ZW Payment of compensation
- 36ZX Specified disease disputes
PART 7 -- Miscellaneous
- 37 Protection from personal and vicarious liability
- 38 Department’s operating accounts, application of
- 38A Offences in relation to SES, VMRS and FES operations
- 38B Unauthorised use etc. of operational names etc., offence
- 38C Impersonating member of staff etc., offence
- 39 Disclosure etc. of information obtained in course of duty restricted
- 40 Regulations
- 41 Review of Act
PART 8 -- Savings and transitional provisions relating to the Fire and Emergency Services Legislation Amendment Act 2012
Division 1 -- Interpretation
Division 2 -- Transfer of Authority’s assets, liabilities, etc.
- 43 Authority (FESA) abolished
- 44 Transfer of assets etc., Minister may order
- 45 Transfer order under s. 44, effect of
- 46 Fire and Emergency Services Authority Account
- 47 Reserve funds
- 48 Authority to complete necessary transactions
- 49 Registration of documents
- 50 Exemption from State tax
- 51 Error in transfer order, correcting
Division 3 -- Chief executive officer and certain other persons
- 52 CEO of Authority (FESA) becomes FES Commissioner
- 53 Bush fire liaison officers and Chief Bush Fire Control Officers continue in office
- 54 Fire and Emergency Services Superannuation Board, certain members of continue
Division 4 -- Consultative committees
- 55 Committees cease
- 56 Records of committees, transfer of
Division 5 -- Continuing effect of things done
- 57 Completion of things commenced
- 58 Continuing effect of things done
- 59 Agreements and instruments generally
Division 6 -- Other transitional provisions