South Australian Repealed Acts

This legislation has been repealed.

COUNTRY FIRES ACT 1989 - SECT 3

3—Preliminary

        (1)         In this Act, unless the contrary intention appears—

"area" means the area of a municipal or district council;

"authorised officer" means a person authorised by the Board to exercise the powers of an authorised officer under the provision in which the expression appears;

"the Board" means the Country Fire Service Board;

"the Chief Officer" means the person for the time being holding, or acting in, the office of Chief Officer of the Country Fire Service under this Act;

"Corporation" means South Australian Forestry Corporation established under the South Australian Forestry Corporation Act 2000 ;

"council" means a municipal council or district council;

"the country" means those parts of the State that lie outside the metropolitan fire service districts;

"Country Fire Service" or "C.F.S." means the Country Fire Service constituted under this Act;

"C.F.S. officer" means an officer of the C.F.S. appointed under Division 4 of Part 2 (and includes any member of the C.F.S. acting in the position of C.F.S. officer);

"C.F.S. organisation" means—

            (a)         a C.F.S. regional association; or

            (b)         a C.F.S. group; or

            (c)         a C.F.S. brigade;

"equipment" includes—

            (a)         protective clothing;

            (b)         materials and substances used in fire-fighting;

            (c)         buildings or other structures where equipment may be kept and meetings held;

"fire alarm" means a device for giving notice of a fire;

"fire control officer" means a fire control officer appointed by the Board under Part 7;

"fire danger season", in relation to a part of the State, means a fire danger season fixed for that part of the State under Part 5;

"fire-fighting" means any activity directed towards—

            (a)         preventing, controlling or extinguishing fires;

            (b)         dealing with other emergencies that require the C.F.S. to act to protect life or property;

"fire prevention officer" means a fire prevention officer appointed by a council under Part 4 (and includes an assistant fire prevention officer);

"forest reserve" means a forest reserve under the Forestry Act 1950 ;

"the Fund" means the Country Fire Service Fund established under Part 3;

"insurer" means any person carrying on the business of insurance;

"metropolitan fire service district" means a fire district constituted under the South Australian Metropolitan Fire Service Act 1936 and includes any other part of the State where the South Australian Metropolitan Fire Service has responsibility for the provision of fire-fighting services;

"owner"—

            (a)         in relation to land alienated from the Crown in fee simple—means the owner of an estate in fee simple in the land;

            (b)         in relation to land held from the Crown by lease, licence or agreement to purchase—means the lessee, licensee or purchaser,

and includes the occupier;

"private land" means—

            (a)         land alienated from the Crown in fee simple;

            (b)         land held from the Crown by lease, licence or agreement to purchase,

other than land under the care, control or management of a council or a Minister, agency or instrumentality of the Crown;

"region" see section 4;

"rural council" means a council whose area lies wholly or partially outside the metropolitan fire service districts.

        (2)         For the purposes of this Act, bushfire prevention relates to any reasonable action that may be taken in the country areas of the State—

            (a)         to reduce or eliminate the risk of outbreak of bushfires; or

            (b)         to prevent or inhibit—

                  (i)         the spread of any bushfire;

                  (ii)         any increase in the intensity or seriousness of any bushfire; or

            (c)         to mitigate the effect of any bushfire.

        (3)         The C.F.S. and the South Australian Bushfire Prevention Advisory Committee and any regional or district bushfire prevention committees constituted under Part 4, must in the exercise and performance of powers and functions under this Act—

            (a)         have due regard to the impact of their actions on the environment; and

            (b)         seek to achieve a proper balance between bushfire prevention and proper land management in the country.

Note—

For definition of divisional penalties (and divisional expiation fees) see Appendix.