Western Australian Consolidated Acts

FIRE AND EMERGENCY SERVICES AUTHORITY OF WESTERN AUSTRALIA ACT 1998

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Terms used in this Act  
   3A.     Meaning of owner of land  
   3B.     Act binds Crown  

   PART 2 -- Fire and Emergency Services Authority of Western Australia  

   4.      Fire and Emergency Services Authority of Western Australia  
   5.      Agent of Crown  
   6.      Board of management  
   7.      Appointed members  
   8.      Deputy chairman  
   9.      Constitution and proceedings of the board -- Schedule 1  
   10.     Remuneration and allowances of members  

   PART 3 -- Functions and powers  

   11.     Functions of the Authority  
   12.     Powers of the Authority  
   13.     Authority may use certain names  
   14.     Requirement for Ministerial approval  
   15.     Delegation by Minister and Authority  
   16.     Subdelegation  
   17.     Minister may give directions  
   18.     Minister to have access to information  

   PART 3A -- State Emergency Service  

   18A.    Functions of the Authority  
   18B.    Powers of the Authority  
   18C.    Approval of SES Units  
   18D.    Register of members of SES Unit  
   18E.    Functions of an SES Unit  

   PART 3B -- Volunteer Marine Rescue Services  

   18F.    Functions of the Authority  
   18G.    Powers of Authority  
   18H.    Approval of VMRS Groups  
   18I.    Register of members of VMRS Group  
   18J.    Functions of a VMRS Group  

   PART 3C -- FESA Units  

   18K.    Functions of the Authority  
   18L.    Powers of the Authority  
   18M.    Approval of FESA Units  
   18N.    Register of members of FESA Unit  
   18O.    Functions of a FESA Unit  

   PART 4 -- Staff  

   19.     Chief executive officer  
   20.     Other staff  
   21.     Use of other government staff etc.  

   PART 5 -- Consultative committees  

   22.     Consultative committees  
   23.     Membership of consultative committees  
   24.     Chairman and deputy chairman  
   25.     Constitution and proceedings of consultative committees  
   26.     Functions and powers of consultative committees  
   27.     Support services  
   28.     Allowances  

   PART 6 -- General financial provisions  

   29.     Funds of the Authority  
   30.     Fire and Emergency Services Authority Account  
   31.     Investment  
   32.     Borrowing from Treasurer  
   33.     Other borrowing  
   34.     Guarantee by Treasurer  
   35.     Effect of guarantee  
   35A.    Reserve funds  
   35B.    Annual estimates of expenditure by Authority  
   36.     Application of Financial Management Act 2006 and Auditor General Act 2006  

   PART 6A -- Emergency services levy  

           Division 1 -- Annual estimates of expenditure  

   36A.    Annual estimates of expenditure by local governments and payments by Authority  

           Division 2 -- Emergency services levy and ESL category areas  

   36B.    Annual levy payable to Authority on land in an ESL category area  
   36C.    Record of leviable land  
   36D.    Exemptions may be prescribed  
   36E.    Exemptions in other enactments not to apply  
   36F.    Declaration of ESL category areas  

           Division 3 -- Determination and assessment of levy  

   36G.    Minister to determine levy  
   36H.    Determination of levy by reference to gross rental value etc.  
   36I.    Minimum and maximum amounts of levy  
   36J.    Assessment of levy and assessment notices  
   36K.    Authority to ensure local governments have information  
   36L.    Assessment of levy payable by the State, local governments and other persons  
   36M.    When levy becomes due and payable  
   36N.    Notice and payment of levy payable on State land  

           Division 4 -- Payment of emergency services levy  

   36O.    Levy is a charge on land  
   36P.    Liability for levy  
   36Q.    Minister may approve payment of levy by instalments  
   36R.    Discounts, concessions and agreements  
   36S.    Accrual of interest on overdue levy  
   36T.    Levy may be apportioned  

           Division 5 -- Local governments  

   36U.    Local government may credit levy to municipal fund or trust fund  
   36V.    Local government to pay levy and other amounts to Authority  
   36W.    Local governments to be paid certain fees  
   36X.    Interest payable on amounts not paid by due date to Authority  
   36Y.    Ministerial guidelines  

           Division 6 -- Recovery of unpaid levy  

   36Z.    Recovery of unpaid levy  
   36ZA.   Question of title to land not to affect jurisdiction  

           Division 7 -- Sale of land if levy is unpaid  

   36ZB.   Term used in this Division  
   36ZC.   Application for order for sale of land  
   36ZD.   Authority has interest in land on which levy is due and payable  

           Division 8 -- Objections and review  

   36ZE.   Objection to determination of use of land  
   36ZF.   Application for review  
   36ZH.   Liability to pay levy not affected by objection  

           Division 9 -- ESL agreements  

   36ZI.   Terms used in this Division  
   36ZJ.   Authority may enter into agreements with local governments  
   36ZK.   Modification of operation of Part 6A  

           Division 10 -- Fees and charges  

   36ZL.   Emergency service fees and charges in certain cases  

   PART 7 -- Miscellaneous  

   37.     Protection from liability  
   38.     Execution of documents by Authority  
   38A.    Offences in relation to SES and VMRS operations  
   38B.    Improper use of names, symbols etc.  
   38C.    Impersonation of member of staff or volunteer  
   39.     Confidentiality  
   40.     Regulations  
   41.     Review of Act  
   42.     Savings and transitional provisions -- Schedule 2  
           SCHEDULE 1 -- Constitution and proceedings of board  
           SCHEDULE 1A -- Modification of operation of Part 6A  
           SCHEDULE 2 -- Savings and transitional provisions  
           Compilation table