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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.
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