Note. This Part establishes the NSW Rural Fire Service, and provides for its composition, functions and management. The Service is to be managed and controlled by the Commissioner of the NSW Rural Fire Service. The Commissioner is responsible for issuing the Service Standards, which are the guidelines in respect of the standard operating procedures to be followed by members of the Service. The Commissioner determines the duties of certain members of the Service (staff of the Service, including fire control officers, deputy fire control officers and ancillary fire control staff). The fire control officers, deputy fire control officers and ancillary fire control staff are employed under the Public Sector Management Act 1988 and are responsible for a number of functions, including the supervision and direction of functions exercised by or under the Act by rural fire brigades and groups of rural fire brigades.
(1) There is established by this Act the NSW Rural Fire Service.(2) The Service comprises the following members:(a) the Commissioner and other staff of the Service,(b) (Repealed)(c) volunteer rural fire fighters.(3) In this Act:volunteer rural fire fighters means:
(a) officers and other members of rural fire brigades, and(b) any person other than a member of a rural fire brigade who, without remuneration or reward, voluntarily and without obligation engages in fighting (or in activities associated with fighting) a fire with the consent of or under the authority and supervision of an officer of a rural fire brigade.
(1) The NSW Rural Fire Service has the following functions:(a) to provide rural fire services for New South Wales,(a1) to issue public warnings about bush fires and bush fire threats in the State for the purpose of protecting life and property,(b) to assist other emergency services organisations at incidents and at emergencies under the control of those organisations,Note. The State Emergency and Rescue Management Act 1989 provides for the State Emergency Management Plan to identify combat agencies primarily responsible for responding to an emergency. The Service is identified as the agency primarily responsible for responding to an emergency due to fire occurring in rural fire districts.(b1) to provide advisory services (whether within or outside the State) relating to fire fighting and other matters with respect to which it has expertise,(c) to carry out such other functions as may be assigned to it by or under this or any other Act,(d) to do anything necessary for, or incidental to, the exercise of its functions.(2) The functions of the Service are to be exercised in accordance with the State Emergency and Rescue Management Act 1989 and, in particular, with the requirements under the State Emergency Management Plan or any state of emergency under that Act.(3) The Service 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.(4) In this section:rural fire services includes the following:
(a) services for the prevention, mitigation and suppression of fires in rural fire districts,(b) the protection of persons from dangers to their safety and health, and property from destruction or damage, arising from fires in rural fire districts,(c) the provision of services referred to in paragraphs (a) and (b) throughout the State in accordance with Part 3,(d) any other service prescribed by the regulations.Note. Other provisions of this Act also affect the exercise of Service functions. See, for example, sections 38 and 133 (2).
Division 2 The Commissioner and other staff of Service
10 The Commissioner and other staff
(1) A Commissioner of the NSW Rural Fire Service, a fire control officer for each rural fire district and such other staff as may be necessary for the purposes of this Act are to be employed under Part 2 of the Public Sector Management Act 1988.(2) Subsection (1) does not apply to the members of the Service referred to in section 8 (2) (b) and (c).(3) The Commissioner may arrange for the use of the services of any staff (by secondment or otherwise) or facilities of a Government Department or public authority.(4) For the purposes of this Act, a person whose services are made use of under this section is a member of the staff of the Service.
The Commissioner is, in the exercise of the Commissioner’s functions, subject to the control and direction of the Minister.
(1) The Commissioner is responsible for managing and controlling the activities of the Service and has such other functions as are conferred or imposed on the Commissioner by or under this or any other Act.(2) The Commissioner may determine the various duties that members of the staff of the Service are required to perform and allocate the duties to be carried out by each member of the staff.(3) The Commissioner may, when the Commissioner considers it appropriate to do so, conduct an audit of all or any activities of members of the Service to determine whether the members are carrying out the activities effectively and doing so efficiently and in compliance with the Service Standards.(4) The ranks of members of the Service are to be determined by the Commissioner.(5) The Commissioner (on behalf of the Crown) may make or enter into contracts or arrangements with any person for the carrying out of works or the performance of services or the supply of goods or materials in connection with the exercise of the functions of the Service.(6) This section is subject to the other provisions of this Act and the regulations.
12A Entry into rural fire district service agreements
(1) Without limiting section 12, the Commissioner may enter into a rural fire district service agreement (a service agreement) with any local authority or authorities responsible for a rural fire district or districts.(2) Without limitation, a service agreement:(a) may specify functions imposed on the local authority by or under this Act that are to be exercised by the Commissioner during a period (if any) specified in the agreement, and(b) may specify any obligations to be imposed on the local authority as a consequence of the Commissioner agreeing to exercise those functions, and(c) may set performance targets for the exercise of those functions, and(d) may provide for the evaluation and review of results in relation to those targets.(3) The Commissioner and the local authorities must, as far as practicable, exercise the functions and carry out the obligations in accordance with the service agreement.(4) The Commissioner is to report the results of the performance under a service agreement during a financial year to the local authority or authorities concerned within 3 months after the end of that year.
(1) The Commissioner may from time to time issue written policy statements to members of the Service for or with respect to procedures to be followed in connection with the operation, management and control of the Service.(2) Without limiting the matters with respect to which statements may be issued under this section, statements may be issued in respect of standard operating procedures, including procedures in respect of the following:(a) fire reporting,(b) operational co-ordination,(c) operational planning,(d) bush fire risk management planning,(e) fire fighting assistance planning,(f) standards of fire cover reporting,(g) implementation of training standards,(h) communications,(i) brigade management,(j) community education,(k) protocols on relevant matters,(l) health and safety.(3) The Commissioner is, wherever practicable, to consult with the Advisory Council before issuing policy statements under this section.
(1) The Commissioner may delegate to any member of the Service any of the Commissioner’s functions under this Act, other than this power of delegation.(2) The Commissioner may delegate to the Commissioner of Fire and Rescue NSW any of the Commissioner’s functions under the following provisions, but only to the extent that the functions are exercisable in respect of land within a fire district:(a1) section 70 (Bush fire hazard reduction work in default of compliance with notice),(a) section 73 (Bush fire hazard reduction by Commissioner),(b) section 100B (Bush fire safety authorities),(c) section 79BA (Consultation and development consent—certain bush fire prone land) of the Environmental Planning and Assessment Act 1979,(d) section 146 (Bush fire prone land) of the Environmental Planning and Assessment Act 1979.
Division 3 Rural fire brigades
15 Formation of rural fire brigades
(1) A local authority may form one or more rural fire brigades for any rural fire district constituted for its area or part of its area.(2) Two or more local authorities may jointly form a rural fire brigade for a rural fire district constituted for their areas.(3) A rural fire brigade may be formed on the initiative of the local authority or local authorities concerned or on the request of any interested person.(4) The Commissioner may form a rural fire brigade for a rural fire district if any local authority requested to form a rural fire brigade for that district refuses or fails to do so within the period prescribed by the regulations after being requested to do so by the Commissioner.
16 Formation of groups of rural fire brigades
The fire control officer for a rural fire district may form two or more rural fire brigades formed for the district into a group of rural fire brigades.
17 Disbandment of rural fire brigades
(1) A rural fire brigade may be disbanded at any time by the person or body who formed it by notice in writing given to the officer in charge of the rural fire brigade.(2) The disbandment takes effect 21 days after the notice is given.(3) The officer in charge of the rural fire brigade concerned may, with the agreement of a majority of the members of the rural fire brigade, lodge an appeal in writing to the Minister against the decision to disband the rural fire brigade.(4) The appeal must be lodged before the disbandment takes effect.(5) After considering the appeal, the Minister may:(a) confirm the disbandment, or(b) withdraw the notice.(6) The disbandment of a rural fire brigade that is the subject of an appeal does not take effect until the appeal is either withdrawn or finally determined by the Minister and the result notified to the officer in charge of the rural fire brigade concerned.
18 Area of operations and officers of rural fire brigades
The body or person that forms a rural fire brigade is:(a) to determine the territory in which the brigade is to operate, and(b) to appoint as the officers for the brigade those persons selected, in accordance with the Service Standards, to be officers for the brigade by the members of the brigade.Note. Under section 47 of the Interpretation Act 1987, conferral of a power to appoint a person to an office includes a power to remove or suspend the person from the office.
19 Area of operations and officers of groups of rural fire brigades
(1) The fire control officer who forms a group of rural fire brigades is to determine the territory in which the group is to operate.(2) The officers of the rural fire brigades forming a group of rural fire brigades are those persons selected, in accordance with the Service Standards, to be officers for the group by the members of the rural fire brigades forming the group. A person selected to be an officer holds office for the period specified in the Service Standards.
20 Members of rural fire brigades
(1) The body or person that forms a rural fire brigade is required to keep a register of members of the brigade in accordance with the Service Standards.(2) The members of a rural fire brigade are the persons listed on the register for the brigade kept under this section.
21 Functions of officers of rural fire brigades
(1) An officer of a rural fire brigade or group of rural fire brigades has the functions conferred or imposed on the officer by or under this or any other Act.Note. Functions may be conferred under the Act by the Service Standards.(2) An officer of a rural fire brigade or group of rural fire brigades may exercise a function conferred or imposed on the officer:(a) at a fire, incident or other emergency in the rural fire district for which the brigade or group was formed, or(b) at a place outside that rural fire district:(i) with the approval of the Commissioner or of the fire control officer for the rural fire district in which the place is located, or(ii) in accordance with a bush fire management plan or in circumstances prescribed by the regulations, or(iii) within a fire district—with the approval of an officer of Fire and Rescue NSW.(3) An officer or member of a rural fire brigade or group of rural fire brigades is not, merely because of the authority conferred on the officer or member to exercise any functions under this Act, to be taken to be an employee of the State, a Minister of the State or a local authority.
22 General powers of rural fire brigade officers and others
(1) An officer of a rural fire brigade or group of rural fire brigades of a rank designated by the Commissioner may, for the purpose of controlling or suppressing a fire or protecting persons, property or the environment from an existing or imminent danger arising out of a fire, incident or other emergency:(a) exercise any function conferred on the officer by or under this Act, or(b) take any other action that is reasonably necessary or incidental to the effective exercise of such a function.(2) The officer may exercise such a function or take such an action with such persons as the officer considers necessary for the purpose.(2A) Any function that may be exercised, or action that may be taken, by an officer of a rural fire brigade or group of rural fire brigades because of this section may be exercised or taken by the Commissioner.(3) The following provisions of this Division are intended to be particular examples of the way in which functions referred to in this section can be exercised and are not intended to limit the generality of this section.
22A Power to remove persons or obstacles
An officer of a rural fire brigade or group of rural fire brigades may cause to be removed any person, vehicle, vessel or thing the presence of whom or which at or near a fire, incident or other emergency might, in the officer’s opinion, interfere with the work of any rural fire brigade or the exercise of any of the officer’s functions.
An officer of a rural fire brigade or group of rural fire brigades may enter any premises for the purpose of exercising any function conferred or imposed on the officer by or under this Act.Note. Premises is defined in the Dictionary.
24 Closure of streets and public places
The officer in charge of a rural fire brigade or group of rural fire brigades may cause any street or public place in the vicinity of a fire, incident or other emergency to be closed to traffic.
An officer of a rural fire brigade or group of rural fire brigades may, if persons are, or property is, endangered or likely to be endangered by a fire, incident or other emergency, do any of the following things:(a) pull down, cut and remove or cause to be pulled down, cut and removed, fences on any land,(b) destroy, pull down or remove or cause to be destroyed, pulled down or removed any buildings or structures on any land,(c) destroy or remove or cause to be destroyed or removed any living or dead vegetation on any land,(d) establish fire breaks on any land or cause fire breaks to be established on any land.
An officer of a rural fire brigade or group of rural fire brigades may for the purpose of controlling or suppressing a fire:(a) take and use without any payment any water from any source on any land, or(b) use without any payment all or any water mains, water plugs, valves, pipes and works of water supply vested in or under the management or control of any water supply authority, public authority or body.
27 Permission of RailCorp, RIC or TIDC required
The functions conferred by this Division may not be exercised in relation to land or property vested in, or under the control of, Rail Corporation New South Wales, Transport Infrastructure Development Corporation or Rail Infrastructure Corporation without the permission of the Authority or Corporation or of a person authorised by the Authority or Corporation to give the permission.
28 Damage to property and the environment
(1) Any damage to property that is caused by any person exercising any function conferred by or under this Division in good faith and any remedial work necessary to rectify damage to the environment is to be taken to be damage by fire within the meaning of any policy of insurance against fire covering the property so damaged.(2) Any provision, stipulation, covenant or condition in any agreement that negates, limits or modifies or purports to negate, limit or modify the operation of this section is void and of no effect.
(1) A person authorised to enter premises under this Division may enter the premises without giving notice:(a) if entry to the premises is made with the consent of the owner or occupier, or(b) if the entry is made to a part of the premises that is open to the public, or(c) if entry is required urgently and the case is one in which the Commissioner has authorised in writing (either generally or in a particular case) entry without notice.(2) In any other case, the person must give the owner or occupier of the premises reasonable written notice of the intention to enter the premises.
In the exercise of a function under this Division, a person authorised to enter premises must do as little damage as possible.
(1) Reasonable force may be used for the purpose of gaining entry to premises but only if the Commissioner:(a) has authorised in writing the use of force in the particular case, or(b) has specified in writing the circumstances that are required to exist before force may be used and the particular case falls within those circumstances.(2) If a person authorised to enter premises uses force to do so, the person must, as soon as practicable, inform the Commissioner.(3) The Commissioner must give notice of the use of force to such persons or authorities as appear to the Commissioner to be appropriate in the circumstances.
32 Authority to enter premises
(1) A power to enter premises, or to take action on premises, may not be exercised unless the person proposing to exercise the power is in possession of an authority and produces the authority if required to do so by the owner or occupier of the premises.(2) The authority must be a written authority that:(a) states that it is issued under this Act, and(b) gives the name of the person to whom it is issued, and(c) describes the nature of the powers conferred and the source of the powers, and(d) states the date (if any) on which it expires, and(e) describes the kind of premises to which the power extends, and(f) bears the signature of the Commissioner.
33 Voluntary work by rural fire brigade
(1) With the consent of the fire control officer for the rural fire district in which it operates or the Commissioner, a rural fire brigade may, in or out of the rural fire district, voluntarily co-operate with a public authority in the exercise of any function of the public authority prescribed by the regulations for the purposes of this section.(2) If:(a) a public authority, or any member of a public authority, has immunity from legal proceedings that would otherwise lie in relation to the exercise by the authority or member of a function, and(b) a rural fire brigade co-operates under this section in the exercise of the function,each officer and other member of the brigade taking part has the same immunity.
Division 3A Power to enter land to investigate fires
The object of this Division is to assist in the prevention of fires by expressly authorising entry onto land to investigate the cause or origin of a fire.
33B Power to enter land up to 24 hours after fire
(1) The Commissioner may enter and inspect any land for the purposes of investigating the cause or origin of any fire that has occurred on that land or any adjacent land, but only for a period of up to 24 hours after the fire has been put out.(2) The power conferred on the Commissioner under subsection (1) may be exercised with or without the consent of the owner or occupier of the land concerned.(3) This section does not authorise the Commissioner to enter any part of land used only for residential purposes without the authority of a search warrant under section 33C or the consent of the owner or occupier of the land concerned.(4) In this section and in section 33C, land includes any building on the land.
(1) The Commissioner may apply to an authorised officer for a search warrant for any land if the Commissioner reasonably believes that entry onto the land is necessary for the purposes of the investigation of the cause or origin of any fire that has occurred on that land or any adjacent land.(2) An authorised officer to whom an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising the Commissioner or any other person named in the warrant to enter land for the purposes of the investigation of the cause or origin of any fire that has occurred on that land or any adjacent land.(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.(4) In this section:authorised officer has the same meaning as in the Law Enforcement (Powers and Responsibilities) Act 2002.
33D Functions of Commissioner that may be exercised by others
(1) Any function conferred or imposed on the Commissioner under section 33B or 33C may be exercised by the Commissioner of Fire and Rescue NSW, but only to the extent that the function is exercisable in respect of land within a fire district.(2) Without limiting section 14 (1), the Commissioner may delegate any function conferred or imposed on the Commissioner under section 33B or 33C to a fire fighting authority or a member of staff of a fire fighting authority.(3) Subsection (1) does not limit any of the functions of the Commissioner of Fire and Rescue NSW under the Fire Brigades Act 1989.(4) Any function conferred or imposed on the Commissioner under section 33B or 33C may be exercised by a police officer for the purpose of determining whether the cause or origin of the fire should be the subject of a criminal investigation.(5) Subsection (4) does not limit any of the functions of a police officer under this or any other Act.
Division 4 Fire control officers
34 Deputy fire control officers
(1) A deputy fire control officer is to act as fire control officer for the district:(a) at the direction of the fire control officer, or(b) in the event of the absence, illness or other inability to act of the fire control officer, or(c) during a vacancy in the office of the fire control officer.(2) A deputy fire control officer:(a) when acting as a fire control officer under this section, has and may exercise all the functions of a fire control officer by or under this Act, and(b) when acting under the direction of a fire control officer (other than a direction under subsection (1)) has and may exercise such of the functions conferred on a fire control officer by or under this Act as may be necessary or convenient to be exercised for the purpose of carrying out the direction.
35 Acting fire control officer
(1) If both the fire control officer and all the deputy fire control officers for a rural fire district are absent from duty, the Commissioner may appoint a person to be acting fire control officer during the absence.(2) An acting fire control officer has the functions of the fire control officer and anything done by the acting fire control officer in the exercise of those functions has effect as if it were done by the fire control officer.
36 Councillors not to be appointed as fire control officers, deputy fire control officers or acting fire control officers
(1) A councillor within the meaning of the Local Government Act 1993 is not eligible to be appointed as a fire control officer, deputy fire control officer or acting fire control officer.(2) Any fire control officer, deputy fire control officer or acting fire control officer who becomes a councillor ceases to be such an officer on a date that is 3 months after the date on which his or her election as a councillor takes effect unless the officer otherwise vacates his or her office before that date.(3) Any such fire control officer, deputy fire control officer or acting fire control officer does not, by virtue of holding office as such an officer, hold an office or place of profit for the purposes of section 275 (2) of the Local Government Act 1993.
37 Responsibilities of fire control officers and local authorities
(1) A fire control officer is, subject to any direction of the Commissioner, responsible for the control and co-ordination of the activities of the Service in the rural fire district for which he or she is appointed as fire control officer.(2) (Repealed)(3) The local authority for the rural fire district for which a fire control officer is appointed must provide facilities and accommodation to enable the fire control officer to exercise his or her functions.(4) Any such facilities and accommodation are to be of a standard approved by the Commissioner in consultation with the local authority.
38 Functions of fire control officers
(1) A fire control officer appointed under this Part has all the powers and immunities conferred on an officer in charge of a rural fire brigade.(2) A fire control officer:(a) has the supervision and direction of the functions exercised by or under this Act by all rural fire brigades and groups of rural fire brigades in the rural fire district for which the fire control officer has been appointed and of the officers of the brigades, and(b) has the right to use any fire fighting apparatus in the rural fire district other than fire fighting apparatus under the control of the authority responsible for managed land, and(c) must inspect, or cause to be inspected, at least once each year all fire fighting apparatus in the rural fire district other than fire fighting apparatus under the control of the authority responsible for managed land, and(d) must take or cause to be taken all necessary measures for suppressing fires in the rural fire district and protecting and saving life and property in case of fire, and(e) (Repealed)(3) (Repealed)(4) A fire control officer may exercise a function referred to in subsection (2) (d) only if the fire control officer (and any member of the Service assisting the fire control officer in the exercise of the function) complies with the conditions (if any) imposed on the exercise of the function specified in any relevant bush fire management plan or other relevant plan of the authority responsible for the managed land of which the fire control officer is aware.
39 Commissioner may authorise officers and members of rural fire brigades to exercise functions
(1) Any function conferred or imposed on the Commissioner by this Act may be exercised by any officer or member of a rural fire brigade or group of rural fire brigades authorised for the purpose by the Commissioner.(2) Such an authorisation need not be in writing and operates to authorise the exercise of the functions accordingly. However, the Commissioner must keep a record of all authorisations given under this section.
40 Officer in charge may authorise others to exercise functions
(1) The officer in charge at a fire, incident or other emergency may authorise any officer or member of a rural fire brigade or group of rural fire brigades to exercise all or specified functions under this Act of the officer in charge at a fire, incident or other emergency.(2) Such an authorisation need not be in writing and operates to authorise the exercise of the functions accordingly.
41 Duty to recognise authority of officers
(1) Every member of the NSW Police Force and all other persons are to recognise:(a) the authority of the Commissioner and any member of a rural fire brigade or group of rural fire brigades or fire control officer acting under the Commissioner’s directions, and(b) the authority of the officer in charge at a fire, incident or other emergency at which a rural fire brigade is present or of an officer of a rural fire brigade directly assisting the person primarily responsible for responding to a fire, incident or other emergency.(2) It is the duty of every member of the NSW Police Force to support the authority of such a person and to assist him or her in enforcing compliance with any directions given under this Act or the regulations.(3) This section applies only in respect of the protection of persons from injury or death, or of property from damage, when the persons are or the property is endangered by fire or there is imminent danger of such a fire.
42 Obstruction etc of Commissioner and other members of Service
A person who obstructs or hinders or incites or encourages any person to obstruct or hinder the Commissioner, a fire control officer or an officer of a rural fire brigade or group of rural fire brigades in the exercise of the Commissioner’s or officer’s functions under this Act, or any person acting under the direction of any such person, is guilty of an offence.Maximum penalty: 50 penalty units or imprisonment for 2 years, or both.
43 Interstate assistance at fires
(1) A person who is a member of an interstate fire brigade and is present at a fire within a rural fire district for the purpose of mitigating or suppressing that fire must:(a) obey any orders given to the person by the officer in charge at the fire, and(b) place any gear or equipment in the person’s charge at the disposal of the officer in charge at the fire.(2) While there is no officer in charge at the fire, the member of the interstate fire brigade who has the charge of the members of that brigade present at the fire is, for the purposes of this Act, to be considered the officer in charge at the fire.(3) A member of an interstate fire brigade who is present at a fire within a rural fire district for the purpose of mitigating or suppressing that fire is taken to have and may exercise all the functions that, if the fire were in the area of a rural fire brigade, the officer in charge of that rural fire brigade would have and be capable of exercising and performing.(4) In this section:interstate fire brigade means a fire brigade (by whatever name called) established under a law of any place outside New South Wales.