Part 2 Provision of fire brigades etc

6   Duty to deal with fires and hazardous material incidents

(1)  It is the duty of the Commissioner to take all practicable measures for preventing and extinguishing fires and protecting and saving life and property in case of fire in any fire district.

(2)  It is the duty of the Commissioner to take all practicable measures:

(a)  for protecting and saving life and property endangered by hazardous material incidents, and

(b)  for confining or ending such an incident, and

(c)  for rendering the site of such an incident safe.

7   General authority to protect persons and property

(1)  The Commissioner is authorised to take measures anywhere in the State for protecting persons from injury or death and property from damage, whether or not fire or a hazardous material incident is involved.

(2)  In the case of fire, it does not matter whether or not the persons are, or the property is, within a fire district.

8   Establishment, maintenance etc of fire brigades

For the purpose of exercising the Commissioner’s functions under this Part, the Commissioner may:

(a)  with the approval of the Minister, establish permanent fire brigades and form or assist in the formation of volunteer fire brigades, and

(b)  provide permanent and volunteer fire brigades with suitable premises and requisite equipment, and

(c)  maintain permanent fire brigades, and

(d)  pay subsidies to volunteer fire brigades and make payments to the members of volunteer fire brigades.

9   Volunteer fire brigades

(1)  The Minister may approve an association of persons as a volunteer fire brigade if satisfied that:

(a)  the association is formed for the purpose of extinguishing fires and of taking measures referred to in section 6 (2) in relation to hazardous material incidents, and

(b)  the carrying out of that purpose is not the sole or principal occupation or means of livelihood of those persons or a majority of them (whether or not they receive any payment for their services as members of the association).

(2)  The Minister may revoke such an approval at any time by notice in writing given to the captain of the volunteer fire brigade or published in the Gazette.

(3)  The trustees of any real or personal property of a volunteer fire brigade may vest that property in the Crown, to be held by the Crown subject to the provisions of this Act but free from any other trust.

10   Exercise of functions by officers and agents

The Commissioner may exercise the Commissioner’s functions under this Act by his or her officers or agents (including the members of any permanent fire brigade) or by the members of any volunteer fire brigade.

10A   Protection of environment

The Commissioner is to have regard to the principles of ecologically sustainable development described in section 6 (2) of the Protection of the Environment Administration Act 1991 in carrying out any function that affects the environment.