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Forest and Rural Fires Act 1977  052
Commenced: 1 Apr 1979
II: Fire Control Operations
Fire Suppression
36   Powers of Principal Fire Officers at fires




   36. Powers of Principal Fire Officers at fires---(1) For the purposes
 of fire control upon the outbreak of fire the Principal Fire Officer of
 the district shall perform the following duties and may exercise the
 following powers:
   (a) He shall, upon being advised of the existence of a fire, proceed,
         or arrange for a deputy to proceed, with all possible speed to
         the place where the fire is and, if in his opinion the fire
         constitutes a hazard to life or property, endeavour by all
         practical means to extinguish the fire and prevent the spread
         thereof and to save lives and property in danger:
   (b) He shall have the control and direction of any brigade present at
         the fire and of any persons who voluntarily place their services
         at his disposal and of any persons (not being engaged in
         essential services) whose services he requires under the
         provisions hereinafter contained:
          Provided that, while under any such direction any brigade
         officer is serving in connection with any building that is on
         fire, the senior brigade officer so serving shall have the
         control and direction of any such brigade that is, and of any
         such persons who are, for the time being directed by the said
         Principal Fire Officer to serve in connection with the building:
   (c) He, and any person acting under his control and direction and with
         his authority, may enter upon any land, house, building, or
         premises and, if necessary, break open any outer or inner doors
         of any house or building which may be on fire or in the near
         neighbourhood of any fire for the purpose of taking any steps
         which he deems necessary:
   (d) He may take or give directions for taking any apparatus required
         to be used at a fire into, through, or upon any land, house,
         building, or premises which he considers convenient for the
         purpose:
   (e) He may take any measures which in the circumstances are reasonable
         and which appear to him to be necessary or expedient, and, in
         particular, but without prejudice to the generality of the
         foregoing and, subject to section 40 of this Act, he may cause
         any vegetation to be burnt or otherwise destroyed or removed,
         and any house, building, or structure to be entered into, taken
         possession of, pulled down, or otherwise destroyed or removed,
         and any fences to be pulled down or otherwise destroyed or
         removed:
   (f) Subject to the overall requirements of the [Regional or Local
         Controller of Civil Defence, as the case may be,] while a state
         of civil defence emergency exists under [the Civil Defence Act
         1983], he may cause water to be shut off from any main, pipe,
         channel, or other works of water supply in order to obtain
         greater supply and pressure of water for the purpose of
         extinguishing or restricting the spread of the fire, and he may
         enter or give directions for entering any land or premises and
         may take or cause to be taken water from any river, creek,
         stream, watercourse, lake, lagoon, well, dam, tank, main, or
         pipe, or other source of water supply whatsoever; and no person
         or body of persons having the management of any water supply
         shall be liable to any penalty or claim by reason of any
         interruption in the supply of water occasioned by any act,
         matter, or thing done under this paragraph:
   (g) He may cause any street, road, private road, right of way, or
         thoroughfare in the vicinity of any fire or likely to be
         affected by the fire or by any fire-fighting operations to be
         closed for traffic during the continuance of the fire:
   (h) He may shut off or disconnect, or order any person having control
         thereof to shut off or disconnect, the supply of gas or
         electricity to any building which is on fire or which is in the
         vicinity of any fire:
   (i) He may order to withdraw, and (in the event of a failure or
         refusal to withdraw) remove or direct any Fire Officer or any
         member of any fire brigade present at the fire to remove, any
         persons who interfere by their presence or otherwise with the
         fire-fighting operations or who are on or in any land, building,
         or premises then burning or threatened by fire, unless they have
         a pecuniary interest therein or in any goods or valuables
         whatsoever thereon:
   (j) He may, at the time of the fire or afterwards, pull down or shore
         up any wall or building which is in his opinion so damaged by
         fire as to be or to be likely to become dangerous to life or
         property, and the expense of any such operation shall be borne
         by the owner of the building, and shall be paid by him to the
         Fire Authority.

   (2) The person who is appointed as a deputy of a Principal Fire
 Officer under subsection (1) (a) of this section shall be a Fire Officer
 or a brigade officer or a person who (in the opinion of the Principal
 Fire Officer) is otherwise competent in the circumstances to exercise
 the powers and perform the duties of a Principal Fire Officer under this
 section.

   (3) While a deputy of a Principal Fire Officer is acting in the place
 of a Principal Fire Officer under subsection (1) (a) of this section,
 the deputy shall have all the powers and duties conferred and imposed on
 the Principal Fire Officer by this section.

   (4) Every person commits an offence against this Act who resists,
 deceives, harasses, or knowingly obstructs any Principal Fire Officer,
 or any person appointed as a deputy under subsection (1) (a) of this
 section, or any Fire Officer, member of a brigade, or other person
 acting under the instructions or control of such Principal Fire Officer
 or deputy, in the exercise or attempted exercise of any power, or the
 performance or attempted performance of any function or duty, conferred
 or imposed by this section.
     Cf. 1955, No. 44, s. 32

       In subs. (1) (f) the words in the first set of square brackets
     were substituted for the words ``Local Controller of Civil Defence''
     by s. 83 of the Civil Defence Act 1983, and that Act, being the
     corresponding enactment in force at the date of this reprint, has
     been substituted for the repealed Civil Defence Act 1962.
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