Forest and Rural Fires Act 1977
052
Commenced: 1 Apr 1979
I: Fire Control Organisation
Fire Authorities
14
Joint, etc., exercise of statutory fire control powers
14. Joint, etc., exercise of statutory fire control powers---(1) Any 2
or more Fire Authorities may, in such manner and on such terms as they
may from time to time deem appropriate, act together in the exercise of
their powers under this Act, and may, upon such terms and conditions as
they agree to between themselves, jointly appoint Rural Fire Officers
and such other persons as they consider necessary for that purpose.
(2) The powers of any Fire Authority and of its Fire Officers under
and in the enforcement of this Act and any regulations made thereunder,
and the powers of any Minister of the Crown or other person under any
other Act or regulation, or any rule or bylaw, or any instrument, in
respect of fire control may, in accordance with and to the extent of
such agreements or arrangements as may be entered into from time to
time, be exercised by any Fire Authority and its Fire Officers, or by
any agent, representative, or nominee of such Minister or other person:
Provided that this section shall not preclude any Fire Officer from
exercising the powers conferred on him by section 20 (2) or section 21
of this Act:
Provided also that where any fire has spread or may spread into or
from any district, the Fire Authority for that district may exercise or
continue to exercise outside of its district, in respect of that fire,
all fire control measures it considers necessary pending their being
taken over by another Authority or other person having due jurisdiction;
and the first-mentioned Authority shall to that extent be deemed to have
acted as agent under this section for that other Authority or person.
(3) Any dispute or difference in respect of any terms, conditions,
agreements, or arrangements made or sought pursuant to this section for
the exercise of fire control powers provided by this Act shall on
application by any party thereto be decided in the public interest by a
Rural Fire Mediator appointed by the Minister [of Forestry].
(4) The exercise of any power purporting to have been conferred
pursuant to this section shall not be questioned or avoided on the
grounds solely that such power was not conferred or exercised by writing
or under seal:
Provided that this subsection shall not apply to any levy under any of
sections 45, 46, . . . and 48 of this Act.
(5) Except to the extent otherwise declared from time to time by the
Minister by notice in the Gazette,---
(a) The Minister [of Conservation] shall carry out all fire control
measures within the fire safety margin of every State area; and
(b) Within every such margin the Minister [of Conservation] and his
officers, servants, and employees shall respectively have the
powers and immunities and carry out the duties of a Fire
Authority and its officers, servants, and employees as if that
margin were part of a State area and the Minister [of
Conservation] were the Fire Authority thereof:
Provided that no such margin shall become or be deemed to be a State
area by reason only of this subsection.
(6) All agreements and arrangements heretofore made that would have
been valid if made under this section are hereby validated and confirmed
as if they had been made after this section came into force.
Cf. 1955, No. 44, s. 14
As to arrangements under subs. (2), see s. 650 (10) of the Local
Government Act 1974.
In subs. (3) the words ``of Forestry'' were inserted by s. 2 (1)
(a) of the Forest and Rural Fires Amendment Act 1987.
In subs. (4), in the proviso, the expression ``47'' was omitted by
s. 18 (a) of the Fire Service Amendment Act 1986.
In subs. (5) (a) and (b) the words ``of Conservation'' were
inserted by s. 65 (1) of the Conservation Act 1987.