Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this section,
unless the context requires otherwise —
Authority means the Fire and Emergency Services
Authority of Western Australia established by section 4 of the Fire and
Emergency Services Authority of Western Australia Act 1998 ;
Fire Brigades Act means the Fire Brigades
Act 1942 ;
fire district means a fire district constituted as
such by or pursuant to the provisions of the Fire Brigades Act;
fire hydrant means a fire-plug or fixed pillar
hydrant;
proclaimed day means the day fixed by Proclamation
for the coming into operation of the Acts Amendment (Fire Brigades Board and
Fire Hydrants) Act 1951 1 ;
re-instatement means the filling in of ground
opened up and the re-instating and making good of the paving of any street
broken up in the course of installing or abolishing a fire hydrant, or keeping
a fire hydrant in effective order.
(2) Subject to the
provisions of the succeeding subsections of this section, the water board
shall fix hydrants upon the main or other pipes within the area, or abolish
fire hydrants.
(3) The Authority may
request the water board to install or abolish a fire hydrant at such location
in a fire district as the Authority specifies.
(4) A local government
may request the water board to install or abolish a fire hydrant at such
location in the district of the local government elsewhere than in a fire
district as the local government specifies.
(5) So soon after
receiving the request as is reasonably practicable, the water board shall
comply with the request.
(6) The water board
shall keep all fire hydrants in the area in effective order.
(7) The water board on
installing, abolishing, or keeping a fire hydrant in effective order, shall
render to the Authority, where the fire hydrant is in a fire district, a
statement of account of the cost to the water board of the labour and
materials incurred in doing so, except the cost of re-instatement, and shall
render to the local government of the district in which the work is done a
statement of account of the cost to the water board of the labour and
materials incurred in re-instatement.
(8) The water board on
installing, abolishing or keeping a fire hydrant in effective order, shall
render to the local government, where the fire hydrant is in the district of
the local government but elsewhere than in a fire district, a statement of the
cost to the water board of the labour and materials in doing so, including
that of re-instatement.
(9) In the event of
non-payment of the amount shown in a statement of account rendered pursuant to
the provisions of the last 2 preceding sections it shall be recoverable
from the Authority or the local government to whom the statement is rendered
at the suit of the water board in a court of competent jurisdiction as a debt
due.
(10) The property in
fire hydrants, whether installed before, on, or after the proclaimed day,
shall —
if the fire hydrant is
in a fire district, whether constituted wholly or partly before, on, or after
the proclaimed day, vest in the Authority as owner;
if the fire hydrant is
in the district of a local government but elsewhere than in a fire district,
vest in the local government as owner.
(11) The water board
shall on installing, abolishing or keeping a fire hydrant in effective order
deposit the keys of the fire hydrant at such station as shall be
specified —
by the Authority where
the fire hydrant is in a fire district;
by the local
government where the fire hydrant is in the district of the local government
elsewhere than in a fire district.
(12) A person having
the possession or control of the keys to a fire hydrant shall at the request
of the water board deliver them to such person at such time as the water board
specifies.
(13) A local
government or any person authorised in that behalf by a local government may,
for the purpose of extinguishing any fire, or for the purpose of drills,
competitions, and practice conducted under the authority of the local
government, take water free of charge from a fire hydrant that is in the
district of the local government elsewhere than in a fire district.
(14)
Subsection (13) does not affect any right conferred by section 61 of
the Fire Brigades Act.
(15) Notwithstanding
that the property in a fire hydrant is, under subsection (10), vested in
the Authority or a local government, the water board may, in writing, permit a
person to take water from a fire hydrant subject to such conditions as the
water board specifies in the permit but shall, upon request, provide to the
Authority or the local government, as the case may be, in which the property
in the fire hydrant is vested particulars of the person to whom, and
conditions subject to which, any such permit has been given.
(16) A person shall
not take water from a fire hydrant unless —
(a) he
is authorised so to do by section 61 of the Fire Brigades Act or
subsection (13); or
(b) he
takes the water pursuant to and in accordance with the conditions specified in
a permit given under subsection (15).
Penalty: $1 000.
[Section 63 inserted by No. 41 of 1951
s. 5(3); amended by No. 97 of 1978 s. 8; No. 110 of 1985
s. 139; No. 14 of 1996 s. 4; No. 42 of 1998 s. 38.]
[ 64. Deleted by No. 41 of 1951
s. 5(4).]
[ 65. Deleted by No. 73 of 1995 s. 155.]