Forest and Rural Fires Amendment Act 2005

1: Title
1: This Act is the Forest and Rural Fires Amendment Act 2005.
2: In this Act, the Forest and Rural Fires Act 1977 the principal Act
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Interpretation
1: Section 2(1) Fire Authority Fire Authority
a: in relation to a rural fire district, means—
i: the rural fire committee in which the administration of the district is vested; or
ii: the Minister of Conservation; or
iii: the Minister of Defence (unless stated otherwise in the Gazette
b: in relation to a State area, means the Minister of Conservation:
c: in relation to the fire safety margin attached to a State area, means the Minister of Conservation to the extent provided by sections 11A and 11B
d: in relation to a territorial area, means the territorial authority having jurisdiction for the area:
e: in relation to an area subject to an agreement made under section 14(1) or section 14(2)
f: in relation to an area in respect of which a territorial authority exercises the powers of a Fire Authority under section 9(b)
2: Section 2(1) fire safety margin fire safety margin
a: in relation to a State area (other than land administered by the Minister of Conservation pursuant to section 9A of the Foreshore and Seabed Endowment Revesting Act 1991
i: specified in a Gazette section 11B
ii: in a fire district within the meaning of the Fire Service Act 1975
iii: in a rural fire district; and
b: in relation to a forest area, means the land outside the forest area but within such a distance (not exceeding 1 km) from the boundary of the forest area as is approved by the Fire Authority for the area; but
c: does not include any land being the whole or part of a defence area within the meaning of the Defence Act 1990
3: The definition of State area section 2(1)
a: omitting from paragraph (a)﻿(vi) and but
b: repealing paragraph (b)
4: The definition of State area section 2(1) paragraph (c)
x: any fire safety margin attached to a State area by operation of this Act
5: Section 2(1) territorial area territorial area
a: a rural fire district; or
b: a fire district within the meaning of the Fire Service Act 1975
c: a State area; or
d: a fire safety margin attached to a State area
4: New
sections 11A 11B The principal Act is amended by inserting, after section 11
11A: Fire safety margins
1: The Minister of Conservation must carry out fire control measures within a fire safety margin attached to a State area.
2: For the purposes of subsection (1)
a: the Minister of Conservation—
i: has the powers, duties, and immunities of a Fire Authority; and
ii: must carry out the duties of a Fire Authority as if—
A: the fire safety margin were a part of a State area; and
B: the Minister were the Fire Authority for the State area; and
b: the officers and employees of the Director-General of Conservation—
i: have the powers, duties, and immunities of the officers and employees of a Fire Authority; and
ii: must carry out the duties of the officers and employees of a Fire Authority within the fire safety margin.
11B: Exclusion of land from fire safety margin
1: The National Rural Fire Authority may, by notice in the Gazette
a: any land forming part of the fire safety margin; or
b: all the land forming the fire safety margin.
2: Section 4 subsection (1)
5: Amendments consequential on new
section 11A
1: Section 23
a: omitting from subsection (1)﻿(a)﻿(iii) of attached to
b: omitting from subsection (1)﻿(b)﻿(i) of attached to
2: Section 25(2)﻿(a) thereof attached to a State area
3: Section 35(1)﻿(a) external fire safety margin of any fire safety margin attached to a
4: The heading to section 46A of attached to
5: Section 46A(1) of the State attached to the State
6: Duties of Fire Authorities
1: Section 12 subsection (1)
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: Section 12 subsection (4)
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)
7: Joint, etc, exercise of statutory fire control powers
Section 14 subsections (5) (5A) (5B)
8: Recovery from person responsible for fire
Section 43 subsection (1)
1A: To avoid doubt, section 86 of the Fires Prevention (Metropolis) Act 1774 (Imp)
a: in determining, for the purposes of this section, responsibility for the outbreak or threat of outbreak of fire; or
b: to a recovery made under this section.
9: Regulations
Section 67(2) paragraph (g)
g: prescribing the content of fire plans: