3 Each municipal council, the municipal district or part of the municipal district of which is in the country area of Victoria: must appoint a person to be the fire prevention officer (MFPO) for that council for the purposes of the Country Fire Authority Act 1958 may appoint any number of persons it thinks fit to be assistant fire prevention officers. s96A Country Fire Authority Act 1958 MEMPC Guidelines, EMMV Part 6, p.628 CFA, Minister for Emergency Services 4 Each municipal council, the municipal district or part of the municipal district of which is in the metropolitan district: must appoint a person to be the fire prevention officer (MFPO) for that council for the purposes of the Metropolitan Fire Brigades Act 1958 may appoint any number of persons it thinks fit to be assistant fire prevention officers. s5A Metropolitan Fire Brigades Act 1958 MEMPC Guidelines, EMMV Part 6, p.628 MFB, Minister for Emergency Services 5 A municipal council must prepare and maintain a municipal emergency management plan (MEMP). s20(1) Emergency Management Act 1986 VICSES, Minister for Emergency Services 6 A municipal council must appoint a Municipal Emergency Management Planning Committee (MEMPC) constituted by persons appointed by the municipal council being members and employees of the municipal council, response and recovery agencies and local community groups involved in emergency management issues. s21(3) Emergency Management Act 1986 VICSES, Minister for Emergency Services 7 The MEMPC is responsible for the preparation of a draft MEMP for consideration by the municipal council. s21(4) Emergency Management Act 1986 VICSES, Minister for Emergency Services
13 MEMPs must contain provisions: identifying the municipal resources (being resources owned by or under the direct control of the municipal and other resources available for use in the municipal district for emergency prevention, response and recovery (*see note below) specifying how such resources are to be used for emergency prevention, response and recovery In addition, for municipal districts that are located wholly or partly in the country area of Victoria (with the meaning of the Country Fire Authority Act 1958) identifying all designated neighbourhood places in the municipal district or, if no places have been designated under the Country Fire Authority Act 1958, recording that fact identifying any places in the municipal district that are community fire refuges within the meaning of s50A of the Country Fire Authority Act 1958. *Note: Councils are responsible for the costs of providing municipal resources (owned or under the direct control of the council). The provision of some council resources for response activities may be subject to limits and/or constraints, e.g. the use of some equipment may be limited due to the expense of its operation. s20(2) Emergency Management Act 1986 MEMPC Guidelines, EMMV Part 6, p.618 MEMPC Guidelines, EMMV Part 6, p.617 VICSES, Minister for Emergency Services 14 MEMPs must contain information about community organisations already working with vulnerable individuals at the local level, and a register of facilities where vulnerable people are likely to be situated, e.g. aged care facilities, hospitals, schools and child care centres. MEMPC Guidelines, EMMV Part 6, p.618 VICSES, Minister for Emergency Services
28 MFMPs must specify procedures for the identification and notification of trees that are hazardous to electric lines. s86B Electrical Safety Act 1998 CFA, Energy Safe Victoria 29 For municipal councils in the country area of Victoria (whole or part), the MFPP/MFMP is audited by the CFA at least once every three years. The audit must assess whether the plan complies with the requirements of the Country Fire Authority Act 1958 and regulations. Note: There is no statutory requirement for a municipal council to respond to an audit report, however in practice a response is provided. s55B Country Fire Authority Act 1958 MEMPC Guidelines, EMMV Part 6A, p.6A4 CFA, Minister for Emergency Services 30 The MFPO may serve a fire prevention notice on the owner or the occupier of land in metropolitan and country areas/districts (other than a public authority) in respect of anything: on that land, other than a building or in a building on the adjacent half width of any private street that abuts that land (other than a prescribed thing or class of things) that by its nature, composition, condition or location constitutes or may constitute a danger to life or property from the threat of fire. Note: A fire prevention notice must be in the prescribed form. s87 Metropolitan Fire Brigades Act 1958 s41 Country Fire Authority Act 1958 MFB, CFA, Minister for Emergency Services 31 The MFPO may serve an infringement notice on a person that the MFPO believes has not lawfully complied with a fire prevention notice. s92(1) Metropolitan Fire Brigades Act 1958 s41E(1) Country Fire Authority Act 1958 MFB, CFA, Minister for Emergency Services
APPENDIX 2: STATE LEGISLATION Country Fire Authority Act 1958 Electricity Safety Act 1998 Emergency Management Act 1986 Emergency Management Act 2013 Local Government Act 1989 Metropolitan Fire Brigades Act 1958 Public Health and Wellbeing Act 2008 Water Act 1989 Water Industry Act 1994 Alpine Resorts (Management) Act 1997 Building Act 1993 Building Regulations 2006 Bushfires Royal Commission Implementation Monitor Act 2011 Constitution Act 1975 Emergency Services Telecommunications Authority Act 2004 Fire Services Commissioner Act 2010 Forests Act 1958 Planning and Environment Act 1987 Protection of Cruelty to Animals Act 1986 Road Management Act 2004 Sentencing Act 1991 Terrorism (Community Protection) Act 2003