Forest and Rural Fires Act 1977 No 52 (as at 01 January 2008), Public Act

12 Duties of Fire Authorities
  • (1) Every Fire Authority must promote and carry out fire control measures in its district.

    (1A) Every Fire Authority must comply with the standards set by the National Rural Fire Authority under section 14A(2)(k) of the Fire Service Act 1975.

    (2) Any Fire Authority may, in its discretion, promote and carry out such fire control measures as it thinks fit in any area or place adjoining its district in which there is no Fire Authority, and for that purpose it may do any thing which it could do if it were the Fire Authority for that area or place.

    (3) Subject to the prior approval of the National Rural Fire Authority and publication in the Gazette, any Fire Authority may make, amend, or revoke bylaws for the purposes of subsection (1) of this section, and, subject to the like approval, may enforce the same as if breaches thereof were offences under this Act; and such bylaws may include provision for costs, expenses, and charges, and for salaries and administration.

    (4) A Fire Authority must keep and maintain a current fire plan for its district.

    (4A) A fire plan must contain the prescribed information.

    (4B) A fire plan must be available for public inspection, free of charge, at the office of the Fire Authority during ordinary office hours.

    (4C) Failure to comply with subsection (4) does not invalidate any fire control measure promoted or carried out by the Fire Authority.

    (5) Notwithstanding any provision or rule of law to the contrary, the carrying out by any Fire Authority of any fire control measure shall not in any proceedings be called into question by reason only that it has not been exercised, approved, or authorised in writing or under seal.

    Compare: 1955 No 44 s 12

    Subsection (1) was substituted, as from 17 May 2005, by section 6(1) Forest and Rural Fires Amendment Act 2005 (2005 No 53).

    Subsection (1A) was inserted, as from 17 May 2005, by section 6(1) Forest and Rural Fires Amendment Act 2005 (2005 No 53).

    Subsection (3) was amended, as from 1 April 1987 by section 2(1)(a) Forest and Rural Fires Amendment Act 1987 (1987 No 119) by inserting the words of Forestry.

    Subsection (3) was amended, as from 1 January 1991, by section 9(1) Forest and Rural Fires Amendment Act 1990 (1990 No 137) by substituting the words National Rural Fire Authority for the words Ministry of Forestry.

    Subsection (4)(g) was amended, as from 1 January 1991, by section 9(2) Forest and Rural Fires Amendment Act 1990 (1990 No 137) by omitting the word prescribed.

    Subsection (4)(h) was amended, as from 1 January 1991, by section 9(3) Forest and Rural Fires Amendment Act 1990 (1990 No 137) by omitting the words or as from time to time be prescribed.

    Subsection (4) was substituted, as from 17 May 2005, by section 6(2) Forest and Rural Fires Amendment Act 2005 (2005 No 53).

    Subsections (4A) to (4C) were inserted, as from 17 May 2005, by section 6(2) Forest and Rural Fires Amendment Act 2005 (2005 No 53).