Rural Fires Act 1997 No 65
Current version for 1 January 2013 to date (accessed 20 May 2013 at 10:17)
Part 5Division 7

Division 7 Miscellaneous

118   Application of the Fund

(1)  Money to the credit of the Fund may be applied by the Treasurer in or towards rural fire brigade expenditure incurred under the authority of this Act.
(2)  The Treasurer may pay such money out of the Fund on the certificate of the Minister.

118A   Management of unspent funds

Any money remaining to the credit of the Service at the end of a financial year, other than money that is required to be paid to the credit of the Fund, is to be paid into the Service’s operating account.

119   Maintenance and disposal of fire fighting equipment purchased from Fund

(1)  In this section:

fire fighting equipment means fire fighting apparatus, buildings, water storage towers or lookout towers.

(2)  All fire fighting equipment purchased or constructed wholly or partly from money to the credit of the Fund is to be vested in the council of the area for or on behalf of which the fire fighting equipment has been purchased or constructed.
(3)  A council must not sell or otherwise dispose of any fire fighting equipment purchased or constructed wholly or partly from money to the credit of the Fund without the written consent of the Commissioner.
(4)  There is to be paid to the credit of the Fund:
(a)  if the whole of the cost of the purchase or construction of any fire fighting equipment was met by money to the credit of the Fund:
(i)  an amount equal to the proceeds of sale of any such equipment, and
(ii)  any amount recovered (whether under a policy of insurance, from the Bush Fire Fighters Compensation Fund under the Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987, or otherwise) in respect of the damage to, or destruction or loss of, any such equipment, and
(b)  if a part only of the cost of the purchase or construction of any such equipment was met by money to the credit of the Fund—an amount which bears to the amount that would be required by this subsection to be paid if the whole of that cost had been met by money to the credit of the Fund the same proportion as that part of the cost bears to the whole of that cost.
(5)  A council must take care of and maintain in the condition required by the Service Standards any fire fighting equipment vested in it under this section.
(6)  The Commissioner may, with the concurrence of the council in which fire fighting equipment is vested under this section, use any of the equipment not reasonably required by the council to deal with incidents in the area of the council to deal with incidents outside the area.

120   Consolidated fund of councils

(1)  Any of the following purposes are purposes to which the consolidated fund of a council may be applied under section 409 of the Local Government Act 1993:
(a)  the purchase, distribution, maintenance and storage of fire fighting apparatus for the prevention, mitigation and suppression of bush and other fires,
(b)  the organising of rural fire brigades and such matters as are relevant to doing so, including the establishment of fire stations and fire control centres,
(c)  the establishment and maintenance of fire breaks,
(d)  the removal or destruction of combustible matter,
(e)  the taking of measures generally for the prevention, mitigation or suppression of bush fires.
(2)  For the purposes of section 495 of the Local Government Act 1993, any work relating to the prevention, mitigation and suppression of bush and other fires is work in respect of which a council may make a special rate.

121   Amendment of Schedule 2

(1)  If the Minister is satisfied that at least two-thirds of the insurance companies liable to pay rural fire brigade contributions are seeking to have Schedule 2 amended in a particular way, and the Commissioner recommends the amendment, the Minister may by notice published on the NSW legislation website, amend the Schedule in that way.
(2)  An amendment under subsection (1) takes effect from the date specified in the notice, being a date not earlier than the publication of the notice.
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