South Australia Country Fires Regulations 1989 under the Country Fires Act 1989 Contents Part 1--Preliminary 1 Short title 2 Commencement 3 Revocation 4 Interpretation Part 2--Incident management systems 5 Incident management systems Part 3--C.F.S. Organisations Division 1--C.F.S. brigades 6 Constitution of a C.F.S. brigade 7 Registration of members of C.F.S. brigades 8 Categories of membership 9 Brigade officers 10 Prescribed positions 11 Brigade elections 12 Transfer of membership and resignation 13 Suspension of operations Division 2--C.F.S. groups 14 Constitution of a C.F.S. group 15 Membership of a C.F.S. group 16 Group officers 17 Prescribed group positions 18 Group elections Division 3--Accounts, audits and reporting 19 Accounts and audits 20 Annual returns Division 4--Conduct and discipline of members 21 Conduct and discipline of members Division 5--Miscellaneous matters 22 Incident reports 23 Absence from C.F.S. duties 24 Brigades formed by various government agencies Part 4--Fire prevention authorities Division 1--Regional bushfire prevention committees 25 Selection of C.F.S. representatives 26 Selection of council representatives 27 Prescribed responsibilities Division 2--District bushfire prevention committees 28 District bushfire prevention committees 29 Prescribed responsibilities Division 3--Fire prevention officers 30 Fire prevention officers Part 5--Fire prevention Division 1--Preliminary 31 Interpretation Division 2--Fires during the fire danger season 32 Permits 33 Special provisions relating to gas and electric cooking appliances 34 Fires during fire danger season 35 Fires in the open air on a total fire ban day Division 3--Restrictions on the use of certain appliances etc 36 Stationary engines 37 Internal combustion engines 38 Vehicles 39 Aircraft 40 Welders and other tools 41 Bees 42 Rabbit fumigators 43 Bird scarers 44 Fireworks 45 Blasting Division 4--Duties to prevent fires 46 Notices Division 4A--Prescribed offences 46A Prescribed offences under section 36(1) 46B Prescribed offences under section 46 Division 5--Miscellaneous 47 Fire safety at premises 48 Caravans Part 6--Miscellaneous 49 Prescribed association of insurers 50 Identity cards 51 Coronial inquests 52 Uniforms 53 Insignia of the C.F.S. 54 Flags and other forms of identification 55 Roadside fire protection 56 Maintenance and inspection of fire-fighting equipment 57 Use of water 58 Special fire areas Schedule 1--Certificate of registration of a C.F.S. brigade Schedule 2--Standard constitution of a C.F.S. brigade 1 Interpretation 2 Name of the brigade 3 Brigade area 4 Fire stations 5 Objects 6 Meetings 7 Procedure at meetings 8 Membership 9 Management committee 10 Nomination of candidates for brigade elections 11 Conduct of elections 12 Supplementary elections 13 Subscriptions 14 Accounts at financial institutions 15 Auditor 16 Common seal 17 Auxiliaries 18 Rules 19 Amendment of constitution Schedule 3--Officers of a C.F.S. brigade 1 Brigade captain 2 Lieutenant Schedule 4--Functions of other brigade officers 1 Communications officer 2 Training officer 3 Equipment officer 4 Logistics support officer 5 Administrative officer Schedule 5--Certificate of registration of a C.F.S. group Schedule 6--Standard constitution of a C.F.S. group 1 Interpretation 2 Name of the group 3 Composition of group 4 Objects 5 Meetings 6 Procedure at meetings 7 Management committee 8 Nomination of candidates for group elections 9 Conduct of elections 10 Supplementary elections 11 Subscriptions 12 Accounts at financial institutions 13 Auditor 14 Common seal 15 Auxiliaries 16 Rules 17 Amendment of constitution Schedule 7--Officers of a C.F.S. group 1 Group officer 2 Deputy group officer Schedule 8--Functions of other group officers 1 Group communications officer 2 Group training officer 3 Group equipment officer 4 Group logistics support officer 5 Group administrative officer Schedule 9--Permit authorising person to light or maintain fire during fire danger season Schedule 10--Permit authorising person to light or maintain fire in open air contrary to terms of total fire ban Schedule 11--Regulation 33 declaration Schedule 12--Section 40 notice Schedule 13--Variation or revocation of section 40 notice Schedule 14--Certificate of identity under the Act Schedule 15--Certificate of identity for fire prevention officer Schedule 16--Official emblems of C.F.S. Legislative history Appendix--Divisional penalties and expiation fees Part 1--Preliminary 1--Short title These regulations may be cited as the Country Fires Regulations 1989. 2--Commencement These regulations will come into operation on the day on which the Country Fires Act 1989 comes into operation. 3--Revocation The Country Fires Regulations 1979 (see Gazette 13.9.1979 p665) as varied, are revoked. 4--Interpretation In these regulations, unless the contrary intention appears-- the Act means the Country Fires Act 1989; Australian Standard means a standard of the Standards Association of Australia; Incident Management System see regulation 5; Incident Response Plan see regulation 5; operation includes a practice or training exercise for members of a C.F.S. organisation; recognised emergency service means-- (a) the South Australian Police Force; or (b) the South Australian Metropolitan Fire Service; or (c) the State Emergency Service; or (d) the St. John Ambulance Service. Note-- For definition of divisional penalties (and divisional expiation fees) see Appendix. Part 2--Incident management systems 5--Incident management systems (1) The Board will prepare and maintain an overall plan for fighting fires and dealing with other emergencies in the country (the Incident Management System). (2) The objective of the Incident Management System will be to achieve-- (a) the greatest possible effectiveness and efficiency in the operations of the C.F.S. in the case of a fire or other emergency; and (b) the greatest possible protection of life and property in the case of a fire or other emergency. (3) Each C.F.S. organisation must prepare and maintain a plan for the implementation of the Incident Management System in its area of responsibility (an Incident Response Plan). (4) A plan under subregulation (3) must-- (a) set incident response goals; (b) set out strategies for fighting fires and dealing with other emergencies in its area, and provide for the periodical review of those strategies; (c) set out procedures to facilitate co-ordination between the C.F.S. organisation and other recognised emergency services; (d) provide for the optimum use of equipment and other resources; (e) set goals for the training and proficiency of the members of the C.F.S. organisation. (5) A C.F.S. organisation must, in order to ensure that it can implement the Incident Management System in accordance with its plan-- (a) work to achieve and maintain the highest possible standards in the following organisational areas: (i) operations; (ii) planning; (iii) logistics; (iv) finance; (b) carefully manage its equipment and other resources and work (so far as may be reasonable) to develop and improve that equipment and those resources; (c) encourage and support the training and development of its members. Part 3--C.F.S. Organisations Division 1--C.F.S. brigades 6--Constitution of a C.F.S. brigade (1) A group of interested persons may apply to the Board for the constitution of a C.F.S. brigade in relation to a particular area of the State. (2) An application under subregulation (1) must-- (a) be made in a manner and form approved by the Board; (b) define the area in relation to which it is proposed that the brigade be constituted; and (c) list the full name, residential address, occupation and date of birth of each person who is applying to be a foundation member of the brigade; and (d) specify the location of any proposed fire station for the brigade; and (e) propose a constitution for the brigade; and (f) contain such other information as the Board may require. (3) Where the Board constitutes a C.F.S. brigade, the Board must furnish the brigade with a certificate in the form of the Schedule 1. (4) Unless the Board otherwise determines (whether on its own initiative or on the application of the members of the brigade), a C.F.S. brigade will have a constitution in the form set out in the Schedule 2. 7--Registration of members of C.F.S. brigades (1) A person will not be recognised as a member of a C.F.S. brigade unless the person is registered as a member of that brigade by the Board. (2) The Board may refuse to register a person as a member of a C.F.S. brigade if-- (a) the Board requires the person to undergo a medical examination determined by the Board and the person fails to pass that examination; (b) the Board considers that the person is not a fit and proper person to be a member of a C.F.S. brigade; (c) in the case of a person who is applying to be registered as a fire-fighter or officer--the Board considers that the person would not be reasonably available to respond to fires or other emergencies, or otherwise to carry out his or her functions and responsibilities as such a member of the brigade; (d) the Board is satisfied that some other reasonable ground exists upon which to refuse registration. (3) An application to register a person as a member of a C.F.S. brigade must be in a form approved by the Board. (4) Unless the Board otherwise determines, the registration of a person as a member of a C.F.S. brigade will at first be on probation for a period of six months. (5) Subregulation (4) does not apply in relation to a person who is transferring to a brigade from another brigade and who was not on probation as a member of that other brigade. (6) During a period of probation, the person must (unless the Board otherwise determines) successfully complete an introductory course of training approved by the Board. (7) If a person successfully completes a course in accordance with subregulation (6), the registration of that person as a member of a C.F.S. brigade will be taken to have been confirmed by the Board. (8) Unless the Board otherwise determines, if a person fails to complete a course in accordance with subregulation (6), the registration of that person as a member of a C.F.S. brigade will terminate. (9) Subject to section 16 of the Act, the Board may terminate the registration of a person as a member of a C.F.S. brigade on any reasonable ground. 8--Categories of membership (1) There will be the following categories of membership in a C.F.S. brigade: (a) cadet fire-fighter; (b) fire-fighter; (c) officer; (d) auxiliary member; (e) honorary member. (2) A person is eligible to be a cadet fire-fighter if the person is of or above the age of 11 years and under the age of 16 years. (3) The following provisions apply in relation to cadet fire-fighters: (a) a cadet fire-fighter must not be permitted to attend a fire or other emergency; (b) for training purposes, a cadet fire-fighter may, under the supervision of an officer, operate pumps and hoses, and travel on fire appliances; (c) cadet fire-fighters may hold their own meetings under the supervision of the brigade captain, or another officer nominated by the brigade captain; (d) a cadet fire-fighter may attend an ordinary meeting of the brigade, but-- (i) a cadet fire-fighter is not eligible to vote on any matter arising for determination at a meeting of the brigade; and (ii) a cadet fire-fighter will not be counted for the purpose of determining any quorum, or any other question relating to the attendance of members of the brigade at a meeting; (e) a cadet fire-fighter may, after attaining the age of 16 years, apply to become a fire-fighter or auxiliary member. (4) A person is eligible to be a fire-fighter or officer if the person is of or above the age of 16 years. (8) The brigade must determine the extent (if any) to which an auxiliary member may engage in fire-fighting activities as a member of the brigade. (9) A person who has been a member of a C.F.S. organisation for at least 20 years is eligible to be an honorary member of a C.F.S. brigade. (10) An application to become a member of a C.F.S. brigade must be made to the brigade in a manner and form approved by the Board and, in the case of an application to be a cadet fire-fighter, must be accompanied by the written consent of a guardian of the applicant. (11) A person may be proposed as an honorary member of a C.F.S. brigade without formal application. (12) An application for membership must be considered at a meeting of the brigade. (13) Where-- (a) a C.F.S. brigade accepts the application of a person to become a member of a C.F.S. brigade; or (b) the membership category of a person who is a member of a C.F.S. brigade changes, the C.F.S. brigade must apply to the Board for registration of that person as a member, or as a member in his or her new category (as the case may be). (14) An application under subregulation (13) must be made by the end of the month immediately following the month during which the application for membership is accepted, or the category of membership changes. 9--Brigade officers (1) Pursuant to section 16 of the Act, each C.F.S. brigade will have the following officers: (a) a brigade captain; and (b) unless the Board otherwise determines, at least two, but not more than four, lieutenants (and the order of seniority of the lieutenants will be decided in a manner determined by the brigade). (2) Each position referred to in subregulation (1) will be filled by election. (3) The specific functions of each officer are set out in the Schedule 3. 10--Prescribed positions (1) Unless the Board otherwise determines, in addition to its officers, each C.F.S. brigade must have-- (a) a communications officer; and (b) a training officer; and (c) an equipment officer; and (d) a logistics support officer; and (e) an administrative officer. (2) Each position referred to in subregulation (1) will be filled by election. (3) The specific functions that attach to each position are set out in the Schedule 4. (4) A member of a C.F.S. brigade holding a position under this regulation is responsible to the brigade captain for the performance of the functions that attach to the position. 11--Brigade elections (1) For the purposes of this regulation, the Board will determine whether a C.F.S. brigade will hold its elections in each year designated by an even number or in each year designated by an odd number. (2) Subject to subregulation (3), brigade elections must be held in July or August of an election year for that brigade. (3) The Board may, in special circumstances, allow a brigade to hold its elections at some other time. (4) Nominations of candidates for brigade elections will be called by the administrative officer of the brigade in accordance with the brigade's constitution. (5) Subject to these regulations, a person is eligible to be nominated for election to a position if the person is a registered member of the brigade. (6) A person is not eligible to be nominated for election to an officer rank if the person-- (a) would, if elected, hold the rank and the rank of group officer or deputy group officer at the same time; or (b) would, if elected, hold the rank and a command or operational rank in a recognised emergency service at the same time; or (c) has been disqualified from holding the rank by the Board. (7) In addition to subregulation (6), a person is not eligible to be nominated for election as brigade captain unless the person-- (a) has been a registered member of the brigade for at least two years; and (b) has successfully completed appropriate courses of training approved by the Board. (8) The Board may, on the application of a C.F.S. brigade-- (a) determine that subregulation (6)(a) or (b) will not apply to a particular person; (b) dispense with a requirement under subregulation (7) if the Board is satisfied that there is no member of the brigade who satisfies the particular requirement, or that no member of the brigade who satisfies the particular requirement is willing to stand for election as brigade captain. (9) An election will be by secret ballot (unless the election is uncontested). (10) Each member of the brigade attending the meeting at which the elections are held is entitled to vote at the elections. (11) Voting for a position where only one person is to be elected will be conducted as follows: (a) each member will vote for a candidate; and (b) after the votes under paragraph (a) are counted, the candidate with the fewest votes will be excluded and-- (i) if only one candidate remains, he or she will be elected; and (ii) if two or more candidates remain, each member will, in respect of the remaining candidates, again vote for one candidate; and (c) the process under paragraph (b) will be continued until one candidate remains. (12) Voting for a position where two or more persons are to be elected will be conducted as follows: (a) each member will vote for candidates up to the number required to be elected; and (b) after the votes under paragraph (a) are counted, the candidate with the fewest votes will be excluded and if more candidates remain than the number required to be elected, each member will, in respect of the remaining candidates, again vote for candidates up to the number required to be elected; and (c) the process under paragraph (b) will be continued until the number of candidates remaining is equal to the number required to be elected. (13) For the purposes of subregulations (11) and (12), where two candidates have an equal number of votes and one of them must be excluded, the person presiding at the election will determine the question by lot. (14) A person elected to a position in a C.F.S. brigade holds that position from 1 September of the year of his or her election (except where a person is elected after 1 September of a particular election year, in which case the person will hold the position to which he or she is elected from the date of the election). (15) A person holds a particular position in a C.F.S. brigade until 31 August in the next election year of the brigade. (16) Subregulation (15) is subject to the following qualifications: (a) a person ceases to hold a position in a C.F.S. brigade if the person ceases to be a member of that brigade; and (b) unless otherwise determined by the Board in relation to the particular person, a person ceases to hold an officer rank in a C.F.S. brigade if the person-- (i) assumes the rank of group officer or deputy group officer; or (ii) assumes a command or operational rank in a recognised emergency service; and (c) a person may resign from a position in a C.F.S. brigade by written notice to the brigade; and (d) a person may be demoted or disqualified from a particular position by the Board; and (e) a person elected to a position in a C.F.S. brigade at a supplementary election on account of a casual vacancy holds the position for the balance of the term of his or her predecessor; and (f) if a person's successor is not elected by 31 August of an election year, the person may continue to hold his or her position until a successor is elected. (17) If-- (a) a brigade election fails; or (b) a casual vacancy occurs in a position in a C.F.S. brigade, the brigade must hold a supplementary election in accordance with the brigade's constitution. (18) Pending the election of a person to fill a vacant position under subregulation (17)(b) (other than brigade captain), the brigade captain may appoint a member of the brigade to the position on an acting basis. (19) If the vacant position under subregulation (17)(b) is that of brigade captain-- (a) if the brigade is a member of a C.F.S. group--the group officer; and (b) if the brigade is not a member of a C.F.S. group--the regional officer, may appoint a member of the brigade to the rank of brigade captain on an acting basis. (20) A person may be re-elected to a position in a C.F.S. brigade. 12--Transfer of membership and resignation (1) A member of a C.F.S. brigade may, on written application to another brigade, apply to transfer his or her membership to that other brigade. (2) If a member of a C.F.S. brigade transfers to another brigade, any rank that he or she holds at brigade level is not transferred. (3) A member of a C.F.S. brigade may resign by written notice to the brigade. 13--Suspension of operations (1) The Board may, by notice in the Gazette, suspend the operations of a C.F.S. brigade for a period specified in the notice if-- (a) the membership of the brigade has fallen to a level where, in the opinion of the Board, the brigade can no longer function effectively; or (b) the brigade fails to carry out a function under the Act; or (c) the brigade fails to comply with these regulations. (2) The Board must, in determining whether or not to act under subregulation (1), consult with the members of the brigade. (3) The Board may, by further notice in the Gazette-- (a) extend a period of suspension under this regulation; (b) revoke a period of suspension under this regulation. (4) This regulation does not derogate from the power of the Board to dissolve a C.F.S. brigade. Division 2--C.F.S. groups 14--Constitution of a C.F.S. group (1) Two or more C.F.S. brigades may apply to the Board for the constitution of a C.F.S. group. (2) An application under subregulation (1) must-- (a) be made in a manner and form approved by the Board; and (b) propose a constitution for the group; and (c) contain such information as the Board may require. (3) Where the Board constitutes a C.F.S. group, the Board must furnish the group with a certificate in the form of the Schedule 5. (4) Unless the Board otherwise determines (whether on its own initiative or on the application of the brigades in the group), a C.F.S. group will have a constitution in the form set out in the Schedule 6. 15--Membership of a C.F.S. group (1) The membership of a C.F.S. group will consist of-- (a) the officers of the group; and (b) the other elected members of the group; and (c) one representative of each brigade in the group; and (d) such other persons (if any) as may be determined by the group in accordance with its constitution. (2) Subject to subregulation (3), the representative of a C.F.S. brigade will be the brigade captain, or his or her nominee. (3) The brigade may determine that a member of the brigade elected by the members of the brigade will be its representative at group level. 16--Group officers (1) Pursuant to section 16 of the Act, each C.F.S. group will have the following officers: (a) a group officer; and (b) unless the Board otherwise determines, at least one, but not more than three, deputy group officers (and the order of seniority of the deputy group officers will be decided in a manner determined by the group). (2) Each position referred to in subregulation (1) will be filled by election. (3) The specific functions of each officer are set out in the Schedule 7. 17--Prescribed group positions (1) Unless the Board otherwise determines, in addition to its officers, each C.F.S. group must have-- (a) a group communications officer; and (b) a group training officer; and (c) a group equipment officer; and (d) a group logistics support officer; and (e) a group administrative officer. (2) Each position referred to in subregulation (1) will be filled by election. (3) The specific functions that attach to each position are set out in the Schedule 8. (4) A member of a C.F.S. group holding a position under this regulation is responsible to the group officer for the performance of the functions that attach to the position. 18--Group elections (1) For the purposes of this regulation, the Board will determine whether a C.F.S. group will hold its elections in each year designated by an even number or in each year designated by an odd number. (2) Subject to subregulation (3), group elections must be held in July or August of an election year for that group. (3) The Board may, in special circumstances, allow a group to hold its elections at some other time. (4) Nominations of candidates for group elections will be called by the group administrative officer in accordance with the group's constitution. (5) Subject to these regulations, a person is eligible to be nominated for election to a position if the person is a registered member of a brigade in the group. (6) Subject to subregulation (7), a person is not eligible to be nominated for election to an officer rank if the person-- (a) would, if elected, hold the rank and an officer rank in a brigade at the same time; or (b) would, if elected, hold the rank and a command or operational rank in a recognised emergency service at the same time; or (c) has been disqualified from holding the rank by the Board. (7) The Board may, on the application of a C.F.S. group, determine that subregulation (6)(a) or (b) will not apply to a particular person. (8) In addition to subregulation (6), a person is not eligible to be nominated for election as group officer unless the person has successfully completed appropriate courses of training approved by the Board. (9) The Board may, on the application of a C.F.S. group, dispense with the requirement under subregulation (8) if the Board is satisfied that it is appropriate in the circumstances of the particular case. (10) An election will be by secret ballot (unless the election is uncontested). (11) Each member of the group who is a brigade representative attending the meeting at which the elections are held is entitled to vote at the elections. (12) Voting for a position where only one person is to be elected will be conducted as follows: (a) each brigade representative will vote for a candidate; and (b) after the votes under paragraph (a) are counted, the candidate with the fewest votes will be excluded and-- (i) if only one candidate remains, he or she will be elected; and (ii) if two or more candidates remain, each brigade representative will, in respect of the remaining candidates, again vote for one candidate; and (c) the process under paragraph (b) will be continued until one candidate remains. (13) Voting for a position where two or more persons are to be elected will be conducted as follows: (a) each brigade representative will vote for candidates up to the number required to be elected; and (b) after the votes under paragraph (a) are counted, the candidate with the fewest votes will be excluded and if more candidates remain than the number required to be elected, each brigade representative will, in respect of the remaining candidates, again vote for candidates up to the number required to be elected; and (c) the process under paragraph (b) will be continued until the number of candidates remaining is equal to the number required to be elected. (14) For the purposes of subregulations (12) and (13), where two candidates have an equal number of votes and one of them must be excluded, the person presiding at the election will determine the question by lot. (15) A person elected to a position in a C.F.S. group holds that position from 1 September of the year of his or her election (except where a person is elected after 1 September of a particular election year, in which case the person will hold the position to which he or she is elected from the date of the election). (16) A person holds a particular position in a C.F.S. group until 31 August in the next election year of the group. (17) Subregulation (16) is subject to the following qualifications: (a) a person ceases to hold a position in a C.F.S. group if the person ceases to be a member of a brigade in the group; and (b) unless otherwise determined by the Board in relation to the particular person, a person ceases to hold an officer rank in a C.F.S. group if the person-- (i) assumes a rank in a brigade; or (ii) assumes a command or operational rank in a recognised emergency service; and (c) a person may resign from a position in a C.F.S. group by written notice to the administrative officer of the group; and (d) a person may be demoted or disqualified from a particular position by the Board; and (e) a person elected to a position in a C.F.S. group at a supplementary election on account of a casual vacancy holds the position for the balance of the term of his or her predecessor; and (f) if a person's successor is not elected by 31 August of an election year, the person may continue to hold his or her position until a successor is elected. (18) If-- (a) a group election fails; or (b) a casual vacancy occurs in a position in a C.F.S. group, the representatives of the brigades in the group must hold a supplementary election in accordance with the group's constitution. (19) Pending the election of a person to fill a vacant position under subregulation (18)(b) (other than group officer), the group officer may appoint a member of a brigade in the group to the position on an acting basis. (20) If the vacant position under subregulation (18)(b) is that of group officer, the regional officer may appoint a member of a brigade in the group to the rank of group officer on an acting basis. (21) A person may be re-elected to a position in a C.F.S. group. (22) While a person holds the rank of group officer or deputy group officer, the person may be regarded as being on leave of absence from his or her brigade without loss of continuity of service. Division 3--Accounts, audits and reporting 19--Accounts and audits (1) Each C.F.S. organisation must open and maintain an operating account at an ADI. (2) A C.F.S. organisation must ensure that proper accounting records are kept of the financial affairs of the organisation. (3) A C.F.S. organisation must, as soon as practicable after the end of each financial year, cause accounts in respect of that financial year to be prepared and audited-- (a) by a member of the Australian Society of Accountants; or (b) by a member of The Institute of Chartered Accountants in Australia; or (c) by a person (not being a member of the C.F.S.) with such other qualifications or experience as the Board may approve for the purposes of this regulation. (4) A member of the C.F.S. cannot audit the accounts of a C.F.S. organisation of which he or she is a member. (5) A copy of the audited accounts of a C.F.S. organisation must be presented to the members of the organisation at its annual general meeting. (6) A member of a C.F.S. organisation must, at the request of the auditor for that organisation, produce any accounts or other financial records of the organisation in his or her possession for the auditor's inspection. Penalty: Division 7 fine. (7) A member of a C.F.S. organisation must, at the request of the auditor for that organisation, provide the auditor with any explanations or information that the auditor requires for the purposes of an audit. Penalty: Division 7 fine. 20--Annual returns Each C.F.S. organisation must, on or before 31 August in each year, deliver to the Board a return (in a form determined by the Board) containing-- (a) the full name, residential address, contact telephone number, occupation and date of birth of each member of the C.F.S. who will hold a position in the organisation during the 12 month period commencing on 1 September of that year; and (b) a copy of the audited operating accounts of the organisation for the preceding financial year; and (c) such other information as the Board may require. Division 4--Conduct and discipline of members 21--Conduct and discipline of members (1) A member of a C.F.S. organisation who-- (a) contravenes or fails to comply with-- (i) a provision of the Act or these regulations; or (ii) a direction or order given to the person as a member of the C.F.S. by a person with authority to give that direction or order; (b) is negligent or indolent in the discharge of official duties as a member of the C.F.S.; (c) leaves any place of duty without reasonable excuse; (d) commits any form of disgraceful or improper conduct in an official capacity; (e) subverts or disrupts the operations or activities of a C.F.S. organisation; (f) makes improper use of property or equipment; (g) behaves in any other manner that reflects seriously and adversely on the C.F.S., is liable to disciplinary action. (2) If a C.F.S. officer suspects on reasonable grounds that a member of a C.F.S. organisation may be liable to disciplinary action, the C.F.S. officer may prepare a written report in relation to the matter. (3) The C.F.S. officer must inform the member (orally or in writing) of the preparation of a report under subregulation (2). (4) If a report is prepared in respect of a C.F.S. member by an officer who is not the member's commanding officer, the report must be delivered to the commanding officer. (5) The commanding officer must (whether he or she has prepared the report under subregulation (2) or received the report under subregulation (4)), send a copy of the report to the Chief Officer, together with such comments and recommendations as the commanding officer thinks fit. (6) The Chief Officer must, on the receipt of a report under this regulation, determine whether or not to carry out an investigation in relation to the matter. (7) If the Chief Officer decides to carry out an investigation-- (a) the Chief Officer must give the member written notice of the investigation, setting out the grounds on which the member is suspected of being liable to disciplinary action; and (b) the Chief Officer must give the member a reasonable opportunity to appear before him or her (either personally or through his or her representative) and to make submissions in relation to the matter; and (c) the Chief Officer may, pending the outcome of the investigation, suspend the member from service with the C.F.S. (8) If, on an investigation under this regulation, the Chief Officer is satisfied, on the balance of probabilities, that the member is liable to disciplinary action, the Chief Officer may-- (a) reprimand the member; (b) suspend the member from service with the C.F.S. for a specified period; (c) recommend to the Board that the Board-- (i) demote the member; (ii) disqualify the member from holding a rank in the C.F.S.; (iii) disqualify the member from the C.F.S. (9) Before taking or recommending disciplinary action under subregulation (8), the Chief Officer must give the member at least 14 days notice in writing of the Chief Officer's findings on the investigation and of the disciplinary action that the Chief Officer proposes to take or recommend in respect of the member. (10) The member may, within the period referred to in subregulation (9), appeal to the Board against the findings of the Chief Officer, or against any disciplinary action that the Chief Officer proposes to take or recommend. (11) Nothing in this regulation prevents the making of any preliminary investigations by an officer of the C.F.S. prior to the preparation of a report under this regulation. Division 5--Miscellaneous matters 22--Incident reports (1) When a C.F.S. organisation attends a fire or other emergency, the commanding officer of that organisation must ensure that the Board is furnished with a written report on the incident and its handling by the C.F.S. organisation. (2) A report under subregulation (1) must-- (a) be furnished to the Board within 14 days after the fire or other emergency; and (b) be in a form determined by the Board; and (c) contain the name of each member of the C.F.S. organisation who attended the fire or other emergency. 23--Absence from C.F.S. duties (1) A member of a C.F.S. organisation may apply to his or her commanding officer for leave of absence. (2) A commanding officer may grant up to three months leave of absence. (3) If an applicant requires more than three months leave of absence, the application must be forwarded to the Board, together with a recommendation on the application from the commanding officer. (4) The Board may, on receipt of an application under subregulation (3), grant such leave of absence as it thinks fit. (5) In deciding whether or not to grant leave of absence (or to recommend such leave), a commanding officer must take into account the effect (if any) that the granting of the leave would have on the ability of the relevant C.F.S. organisation to perform its functions under the Act effectively and efficiently. (6) If a member of a C.F.S. organisation, without reasonable excuse, fails to attend three or more consecutive meetings of the organisation without leave of absence, the organisation may cancel his or her membership. 24--Brigades formed by various government agencies Except to such extent as the Board may otherwise determine, this Part may extend to a brigade formed or operated by a government department, or any other agency or instrumentality of the Crown, for the purpose of fighting fires in the country. Part 4--Fire prevention authorities Division 1--Regional bushfire prevention committees 25--Selection of C.F.S. representatives For the purposes of section 30(2)(b)(i) of the Act, the following procedures are prescribed in relation to the selection of persons to represent C.F.S. groups on a regional bushfire prevention committee-- (a) the Board will send a written notice to the administrative officer of each group in the region-- (i) indicating that a representative, or two representatives (as the case may be), need to be selected for appointment to the committee; and (ii) inviting the group to nominate one or more members of the C.F.S. for selection; and (iii) specifying a date by which the representative or representatives must be selected; and (b) a date (being a date before the date specified in the notice under paragraph (a)(iii)), time and place for a meeting of group officers to select the representative or representatives must then be set by agreement between the relevant administrative officers or, in default of agreement, by the Board; and (c) each group officer, or his or her nominee, is entitled to attend the meeting and vote on the choice of representative or representatives; and (d) the persons attending the meeting and entitled to vote must, before commencing proceedings, select a person to preside at the meeting; and (e) voting to select the representative or representatives will be by secret ballot conducted as follows: (i) each voter will vote for a representative, or for two representatives (depending on the number required); and (ii) after the votes under subparagraph (i) are counted, the candidate with the fewest votes will be excluded and if more candidates remain than the number of representatives required, each voter will, in respect of the remaining candidates, again vote for a representative, or for two representatives (depending on the number required); and (iii) the process under subparagraph (ii) will be continued until the number of candidates remaining is equal to the number of representatives required; and (iv) where two candidates have an equal number of votes and one of them must be excluded, the person presiding at the meeting will determine the question by lot; and (f) the person presiding at the meeting must ensure that the Board receives, within 14 days after the meeting, written notification of the full name, residential address, contact telephone number and rank (if any) of any person selected at the meeting to be a representative; and (g) in the event that a representative is not selected under the preceding provisions by the date specified by the Board in its notice under paragraph (a)(iii), the Board may make its own selection. 26--Selection of council representatives For the purposes of section 30(2)(b)(ii) of the Act, the following procedures are prescribed in relation to the selection of persons to represent councils on a regional bushfire prevention committee: (a) the Board will send a written notice to the Chief Executive Officer of each council whose area lies wholly or partially within the region-- (i) indicating that a representative, or two representatives (as the case may be), need to be selected for appointment to the committee; and (ii) inviting the council to nominate one or more persons for selection; and (iii) specifying a date by which the representative or representatives must be selected; and (b) a date (being a date before the date specified in the notice under paragraph (a)(iii)), time and place for a meeting of councils to select the representative or representatives must then be set by agreement between the Chief Executive Officers for the relevant councils or, in default of agreement, by the Board; and (c) each council must then nominate a member of the council to attend the meeting and vote on the choice of representative or representatives; and (d) the persons attending the meeting and entitled to vote must, before commencing proceedings, select a person to preside at the meeting; and (e) voting to select the representative or representatives will be by secret ballot conducted as follows: (i) each voter will vote for a representative, or for two representatives (depending on the number required); and (ii) after the votes under subparagraph (i) are counted, the candidate with the fewest votes will be excluded and if more candidates remain than the number of representatives required, each voter will, in respect of the remaining candidates, again vote for a representative, or for two representatives (depending on the number required); and (iii) the process under subparagraph (ii) will be continued until the number of candidates remaining is equal to the number of representatives required; and (iv) where two candidates have an equal number of votes and one of them must be excluded, the person presiding at the meeting will determine the question by lot; and (f) the person presiding at the meeting must ensure that the Board receives, within 14 days after the meeting, written notification of the full name, residential address and contact telephone number of any person selected at the meeting to be a representative; and (g) in the event that a representative is not selected under the preceding provisions by the date specified by the Board in its notice under paragraph (a)(iii), the Board may make its own selection. 27--Prescribed responsibilities (1) Pursuant to section 31(1)(f) of the Act, a regional bushfire prevention committee must, on or before 30 June in each year, deliver to the Board an annual report on the bushfire prevention activities undertaken in its region during the 12 month period ending on 30 April in that year. (2) A report under subregulation (1) must be accompanied by the reports for the same period submitted to the regional bushfire prevention committee by district bushfire prevention committees in its region. Division 2--District bushfire prevention committees 28--District bushfire prevention committees (1) For the purposes of section 32(2)(b)(i) of the Act, the following procedures are prescribed in relation to the selection of a person to represent a C.F.S. brigade on a district bushfire prevention committee: (a) the council or councils responsible for the committee must send a written notice to the administrative officer of the brigade-- (i) indicating that a representative needs to be selected for appointment to the committee; and (ii) inviting the brigade to select a member of the C.F.S.; and (iii) specifying a date (being between six and ten weeks after the date of the notice) by which the representative must be selected; and (b) the brigade must then, at a general meeting, select a member of the C.F.S. to be its representative on the committee; and (c) the administrative officer must then ensure that the council or councils receive, within 14 days after the meeting, written notification of the full name, residential address and contact telephone number of the person selected to be the brigade's representative; and (d) in the event that a representative is not selected by a brigade under a preceding paragraph by the date specified by the council or councils in their notice under paragraph (a)(iii), the Board may select a member of the C.F.S. to represent the brigade on the committee. (2) The administrative officer must also, within the period referred to in subregulation (1)(c), send a copy of a notification under that subregulation to the Board. 29--Prescribed responsibilities (1) Pursuant to section 33(1)(f) of the Act, a district bushfire prevention committee must-- (a) formulate guidelines for the issue of permits within its area; and (b) during October in each year, deliver to the regional bushfire prevention committee whose region includes its area (or, if no such committee exists, to the Board) a report on the state of fire prevention planning in its area; and (c) on or before 31 May in each year, deliver to that regional bushfire prevention committee (or, if no such committee exists, to the Board) an annual report on-- (i) bushfire prevention activities undertaken in its area during the 12 month period ending on 30 April in that year; and (ii) the outcome achieved as a result of the planning reported during the preceding October. (2) A district bushfire prevention committee must, in formulating guidelines for the purposes of subregulation (1)(a), take into account any relevant determination of the Board. Division 3--Fire prevention officers 30--Fire prevention officers For the purposes of section 34(1) of the Act, a person who has successfully completed a course of training for fire prevention officers provided or arranged by the Board under section 10(2) of the Act, or a comparable course approved or recognised by the Board, is suitably qualified to be appointed by a council as a fire prevention officer. Part 5--Fire prevention Division 1--Preliminary 31--Interpretation In this Part, unless the contrary intention appears-- aircraft does not include model aircraft; domestic premises means a building or other structure fixed to the ground that is occupied as a place of residence; electric welder means an electrode that produces an electric arc for the purpose of welding, cutting or heating; flammable gas means liquefied petroleum gas, reticulated gas, compressed natural gas or acetylene; foreshore means the foreshore of the sea along the coastline of the State and includes the area from low water mark to the nearest bush, standing grass or road (as the case may be); gas fire means an appliance that only uses flammable gas as a fuel; land holding means a continuous area of land subject to the same occupation (and for the purposes of this definition, separate parcels of land subject to the same occupation divided by a road or railway will be regarded as being continuous); mercy flight means a mercy flight recognised under the Air Navigation Regulations of the Commonwealth; portable water spray means-- (a) a knapsack spray pump that-- (i) is fully charged; and (ii) complies with Australian Standard 1687-1981 "Knapsack Spray Pumps for Fire Fighting"; or (b) a water fire extinguisher that-- (i) complies with Australian Standard 1842-1985 "Portable Fire Extinguishers--Water (Stored Pressure) Type"; and (ii) is maintained in accordance with Australian Standard 1851-1985, Part 1 "Maintenance of Fire Protection Equipment--Portable Fire Extinguishers": spark arrester means a device or arrangement, fitted to the exhaust-pipe of an engine, to prevent the escape of sparks, fire and other burning material. Division 2--Fires during the fire danger season 32--Permits (1) In this regulation-- designated area means an area of the State in relation to which a fire control officer has been appointed under section 62 of the Act; the relevant land means land to be burnt off under a permit. (2) A permit authorising a person to light or maintain a fire in the open air during the fire danger season (but not contrary to the terms of a total fire ban) will be in the form set out in the Schedule 9. (3) A permit authorising a person to light or maintain a fire in the open air-- (a) contrary to the terms of a total fire ban; or (b) during the fire danger season and contrary to the terms of a total fire ban, will be in the form set out in the Schedule 10. (4) A permit issued under the Act for burning off land will include the following conditions: (a) that the land immediately around the relevant land must be cleared of all flammable material to a distance of at least four meters; and (b) that at least two persons who are able to control the fire, or such greater number of persons as may be specified in the permit, must be present at the site of the fire from the time it is lighted to the time it is completely extinguished; and (c) that the fire must first be lighted from the leeward side of the relevant land to establish a protective break, and then may be lighted from the windward side of the land; and (ca) that at least 250 litres of water, or such greater amount of water as may be specified in the permit, must be kept at hand to extinguish the fire; and (d) that the holder of the permit must, not more than seven days, and not less than two hours, before the fire is lighted, give notice of his or her intention to light the fire-- (i) to any person who owns, occupies or is in charge of land adjoining the land holding where the relevant land is situated and who resides within eight kilometres of the relevant land or, if it is not reasonably practicable to give such a notice, to the person in charge of the nearest police station; and (ii) if the relevant land is inside (or partially inside) a council area--to an officer of the council for that area; and (iii) if the relevant land is within two kilometres of a government reserve--to the person in charge of the reserve; and (iv) -- (A) if the relevant land is within the area of a C.F.S. brigade--to an officer of that brigade; (B) if the relevant land is within a designated area--to the fire control officer for that area; (C) if neither subsubparagraph (A) nor (B) apply--to the Board. (5) A permit issued under the Act other than for burning off land will include the following conditions: (a) that the space immediately around and above the fire must be cleared of all flammable material to a distance of at least four meters; and (b) that an appropriate agent adequate to extinguish the fire must be kept at hand; and (c) that at least one person who is able to control the fire, or such greater number of persons as may be specified in the permit, must be present at the site of the fire from the time it is lighted to the time it is completely extinguished; and (d) that if the fire is to be lighted within the area of a C.F.S. brigade, the holder of the permit must, not more than seven days, and not less than two hours, before the fire is lighted, give notice of his or her intention to light the fire to an officer of that brigade. (6) A notice under subregulation (4)(d) or (5)(d)-- (a) may be given-- (i) in person; or (ii) by telephone or radio; or (iii) in writing; and (b) must include details of the place, date and time at which the fire will be lighted. (7) An authorised officer may, at his or her discretion, by endorsement on the permit, exempt the holder of a permit from the requirement to comply with a condition under subregulation (4) or (5). (8) An application for a permit may be made-- (a) in person; or (b) by telephone or radio; or (c) in writing. (9) Where an authorised officer issues a permit-- (a) preliminary notice of the issue of the permit may be given to the permit holder by contacting the permit holder by telephone or radio and informing him or her of the permit number and the conditions included in the permit (and the permit holder may proceed to act under the permit on the basis of that notification); and (b) the authorised officer must send a copy of the permit to the permit holder at the address shown on the written application form or, if there was no such form, at his or her last known address; and (c) if the permit authorises the permit holder to light or maintain a fire contrary to the terms of a total fire ban, the authorised officer must-- (i) give notice of the issue of the permit to-- (A) the regional officer in whose region the fire will be lighted; and (B) if the fire will be inside (or partially inside) a council area--to an officer of the council for that area; and (C) if the fire will be within the area of a C.F.S. brigade--to an officer of that brigade, (whether personally or by telephone or radio); and (ii) send a copy of the permit to the regional officer and any council to which subparagraph (i) applies. 33--Special provisions relating to gas and electric cooking appliances (1) For the purposes of section 36(2)(e) of the Act, a person may operate a gas fire or electric element for cooking purposes in the open air during the fire danger season, provided that-- (a) the space immediately around and above the gas fire or electric element is cleared of all flammable material to a distance of at least four metres; and (b) a person who is able to control the gas fire or electric element is present at all times while it is lighted or charged; and (c) an appropriate agent adequate to extinguish any fire is at hand. (2) For the purposes of section 37(4)(a) of the Act, a person may operate a gas fire or electric element for cooking purposes in the open air contrary to the terms of a total fire ban, provided that-- (a) the gas fire or electric element is used within 15 metres of domestic premises, or on the foreshore; and (b) the space immediately around and above the gas fire or electric element is cleared of all flammable material to a distance of at least four metres; and (c) a person who is able to control the gas fire or electric element is present at all times while it is lighted or charged; and (d) an appropriate agent adequate to extinguish any fire is at hand. (3) In addition to subregulations (1) and (2)-- (a) a council may in relation to any part of its area; and (b) the Board may in relation to any part of the State outside the area of a council, by notice in the Gazette declare an area of the State to be an area where a person may, in accordance with the terms of the notice, operate a gas fire or electric element for cooking purposes in the open air contrary to the terms of a total fire ban. (4) A notice under subregulation (3)-- (a) must be in the form set out in the Schedule 11; and (b) may be limited in its operation to particular times of the day, and to particular days of the year; and (c) will operate subject to the following conditions: (i) that the space immediately around and above the gas fire or electric element must be cleared of all flammable material to a distance of at least four metres; and (ii) that a person who is able to control the gas fire or electric element must be present at all times while it is lighted or charged; and (iii) that an appropriate agent adequate to extinguish any fire must be at hand; and (d) will operate subject to such other conditions (if any) as may be specified by the council or the Board (as the case may be), in its discretion; and (e) may be varied or revoked by further notice in the Gazette. (5) Where a council publishes a notice in the Gazette under this regulation, the council must immediately send a copy of the notice to the Board. 34--Fires during fire danger season For the purposes of section 36(2)(e) of the Act, a fire may be lighted or maintained in the open air during the fire danger season in an orchard or vineyard for the purpose of smudging for insect pests, or preventing damage by frost, provided that the space immediately around and above the fire is cleared of all flammable material, other than growing fruit trees or vines, to a distance of at least four metres. 35--Fires in the open air on a total fire ban day For the purposes of sections 36(2)(e) and 37(4)(a) of the Act, a fire may be lighted or maintained in the open air during the fire danger season and contrary to the terms of a total fire ban-- (a) by an aboriginal person, provided that-- (i) the fire is lighted on land set aside for aboriginal purposes; and (ii) the fire is used for ordinary domestic purposes within the traditional aboriginal way of life; or (b) to charge explosive materials as part of mining operations under or pursuant to the Mines and Works Inspection Act 1920 provided that-- (i) the space immediately around and above any blast hole is cleared of all flammable material to a distance of at least four metres; and (ii) at least two shovels or rakes, and at least two portable water sprays in good working order, are at hand; and (iii) a sufficient number of persons who would be able to control the escape and spread of fire are present at all times during the mining operations involving the use of those explosive materials; or (c) to light a flare containing flammable material in connection with a mercy flight or in a situation where an aircraft cannot use an electrically lit runway, provided that-- (i) each flare is in a metal tray that is large enough to hold all the flammable material; and (ii) the space immediately around the flare is cleared of all flammable material to a distance of at least four metres; and (iii) fire-fighting equipment adequate to extinguish the flare and control the escape and spread of fire is at hand; and (iv) a sufficient number of persons to control the escape and spread of fire are present at the site of the flares from the time they are lighted to the time they are completely extinguished; or (d) by a member of the C.F.S. or a recognised emergency service where the fire is connected with the use of equipment required in an emergency to protect life or property, provided that such steps as are reasonably practicable in the circumstances are taken to control the escape and spread of fire. Division 3--Restrictions on the use of certain appliances etc 36--Stationary engines (1) In this regulation-- stationary engine means a steam engine, an internal combustion engine or a turbine engine that is operated in a stationary position. (2) Pursuant to section 46 of the Act, a stationary engine is prescribed. (3) A person must not, during the fire danger season, operate a stationary engine not enclosed by non-flammable material in the open air unless-- (a) the space immediately around and above the engine is cleared of all flammable material to a distance of at least four metres, or a person who is able to control the engine is present at all times while the engine is in use; and (b) a shovel or rake, and a portable water spray in good working order, are at hand; and (c) any exhaust pipe is fitted with a spark arrester in good working order. (4) A person must not, during the fire danger season, operate a stationary engine enclosed by non-flammable material in the open air unless any exhaust pipe that projects beyond that material is fitted with a spark arrester in good working order. 37--Internal combustion engines (1) Pursuant to section 46 of the Act, an internal combustion engine is prescribed. (2) A person must not, during the fire danger season, operate an internal combustion engine in connection with-- (a) harvesting a flammable crop; or (b) moving a flammable crop on the land holding where it has been harvested; or (c) spreading lime or fertiliser, unless-- (d) a shovel or rake, and a portable water spray in good working order, are at hand; and (e) any exhaust pipe is fitted with a spark arrester in good working order. (3) A person must not, during the fire danger season, operate an internal combustion engine in connection with cutting flammable bush or grass unless-- (a) -- (i) the land immediately around the land where the bush or grass is to be cut is cleared of all flammable material to a distance of at least four metres; or (ii) a shovel or rake, and a portable water spray in good working order, are at hand; and (b) any exhaust pipe is fitted with a spark arrester in good working order. 38--Vehicles (1) Pursuant to section 46 of the Act, a vehicle driven by an internal combustion engine (other than an aircraft) is prescribed. (2) A person must not, during the fire danger season, drive a vehicle referred to in subregulation (1) within two metres of any flammable bush or grass unless any exhaust pipe is fitted with a spark arrester in good working order. 39--Aircraft (1) Pursuant to section 46 of the Act, an aircraft is prescribed. (2) A person must not, during the fire danger season, land an aircraft on, or take off from, any land in the country unless reasonable steps have been taken (on account of the use of the land by the aircraft)-- (a) to prevent the outbreak of fire on the land; and (b) to be able to control and suppress any fire that might break out on the land (whether by the provision of fire-fighting equipment, the clearing of a firebreak, or otherwise). (3) This regulation does not apply in relation to-- (a) an aircraft that is landing on, or taking off from, a government or licensed airfield; or (b) an aircraft that is on a mercy flight; or (c) an aircraft that is landing or taking off in any other emergency; or (d) an aircraft that is engaged in a fire-fighting operation under the direction of a C.F.S. officer; or (e) an aircraft that is exempt from the operation of this regulation by the Board. 40--Welders and other tools (1) Pursuant to section 46 of the Act, the following appliances are prescribed-- (a) an electric welder; (b) a mechanical cutting tool; (c) a gas appliance. (2) A person must not, during the fire danger season, operate an appliance referred to in subregulation (1) in the open air unless-- (a) the space immediately around and above the appliance is cleared of all flammable material to a distance of at least four metres; and (b) a portable water spray in good working order is at hand; and (c) a person who is able to control the appliance is present at all times while the appliance is in use or alight. (3) This regulation does not permit the use of an appliance contrary to the terms of a total fire ban. (4) This regulation does not apply to a member of the C.F.S. or a recognised emergency service who must use an appliance in an emergency to protect life or property. 41--Bees (1) Pursuant to section 46 of the Act, an appliance used to generate smoke for the manipulation of bees is prescribed. (2) A person must not, during the fire danger season, use an appliance referred to in subregulation (1) unless a portable water spray in good working order is at hand. 42--Rabbit fumigators (1) Pursuant to section 46 of the Act, an appliance used as a rabbit fumigator is prescribed. (2) A person must not, during the fire danger season, use an appliance as a rabbit fumigator unless-- (a) the space immediately around and above the appliance is cleared of all flammable material to a distance of at least four metres; and (b) a portable water spray in good working order is at hand; and (c) a sufficient number of persons who would be able to control the escape and spread of fire are present at all times while the appliance is in use. 43--Bird scarers (1) In this regulation-- bird scarer means a device that detonates a flammable gas to create a noise to scare birds. (2) Pursuant to section 46 of the Act, a bird scarer is prescribed. (3) A person must not, during the fire danger season, use an appliance as a bird scarer unless-- (a) the space immediately around and above the appliance is cleared of all flammable material to a distance of at least four metres; (b) the bird scarer-- (i) is constructed so as to prevent the escape of fire or burning material; and (ii) is in good working order and clean so as to avoid any malfunction that could cause a fire; (c) the person using the bird scarer takes all reasonable precautions to ensure that the bird scarer cannot fall over, or be knocked over or otherwise interfered with by animals. 44--Fireworks (1) Pursuant to section 46 of the Act, fireworks are prescribed. (2) A person must not, during the fire danger season, use fireworks in the open air except in accordance with a permit issued under section 38 of the Act. 45--Blasting (1) Pursuant to section 46 of the Act, blasting any tree, wood or timber by the use of explosive materials is prescribed. (2) A person must not, during the fire danger season, carry out any blasting referred to in subregulation (1) unless-- (a) a shovel or rake, and a portable water spray in good working order, are at hand; and (b) a sufficient number of persons who would be able to control a fire are present at all times while the blasting is carried out, and for a reasonable time after the blasting is completed. Division 4--Duties to prevent fires 46--Notices (1) For the purpose of section 40(4) of the Act, the form set out in the Schedule 12 is prescribed. (2) For the purposes of section 40(6) of the Act, the form set out in the Schedule 13 is prescribed. Division 4A--Prescribed offences 46A--Prescribed offences under section 36(1) An offence against section 36(1) of the Act is a prescribed offence for the purposes of that section if the lighting and maintaining of the fire does not contravene a prohibition or restriction under section 36(3) and-- (a) if the fire is for cooking or personal comfort--the offence consists of a failure to comply with a requirement imposed under section 36(2)(a) of the Act; or (b) if the fire is for the burning of refuse--the offence consists of a failure to comply with a requirement imposed under section 36(2)(b) of the Act; or (c) if the fire is for heating bitumen, welding, gas-cutting, soldering, grinding or charring--the offence consists of a failure to comply with a requirement imposed under section 36(2)(c) of the Act; or (d) if the fire is lighted or maintained pursuant to a permit issued under section 38 of the Act for burning off land--the offence consists of a failure to comply with a condition of the permit prescribed by regulation 32(4)(a), (b) or (ca); or (e) if the fire is lighted or maintained pursuant to a permit issued under section 38 of the Act other than for burning off land--the offence consists of a failure to comply with a condition of the permit prescribed by regulation 32(5)(a), (b) or (c). 46B--Prescribed offences under section 46 An offence against section 46 of the Act is a prescribed offence for the purposes of that section if the offence consists of a breach of, or failure to comply with, one or more of the following: (a) in the case of an offence involving the operation, during the fire danger season, of a stationary engine not enclosed by non-flammable material in the open air--regulation 36(3)(a) or (b); (b) in the case of an offence involving the operation, during the fire danger season, of an internal combustion engine in connection with harvesting a flammable crop, moving a flammable crop on the land holding where it has been harvested or spreading lime or fertilizer--regulation 37(2)(d); (c) in the case of an offence involving the operation, during the fire danger season, of an internal combustion engine in connection with cutting flammable bush or grass--regulation 37(3)(a); (d) in the case of an offence involving the operation, during the fire danger season, of an electric welder, a mechanical cutting tool or a gas appliance--regulation 40(2)(a) or (b); (e) in the case of an offence involving the use, during the fire danger season, of an appliance to generate smoke for the manipulation of bees--regulation 41(2); (f) in the case of an offence involving the use, during the fire danger season, of an appliance as a rabbit fumigator--regulation 42(2)(a) or (b); (g) in the case of an offence involving the use, during the fire danger season, of an appliance as a bird scarer--regulation 43(3)(a); (h) in the case of an offence involving the blasting of any tree, wood or timber by the use of explosive materials--regulation 45(2)(a). Division 5--Miscellaneous 47--Fire safety at premises (1) Pursuant to section 43 of the Act, any building outside the area of a council that would, if it were inside the area of a council, be classified as a Class II, III, IV, V, VI, VII, VIII or IX building under the Building Regulations 1973, is prescribed. 48--Caravans Pursuant to section 45 of the Act, a fire extinguisher carried in a caravan must-- (a) comply with Australian Standard 1846-1985 "Portable Fire Extinguishers--Powder Type"; and (b) have a minimum classification and rating of 5B, as defined by Australian Standard 1850-1981 "Portable Fire Extinguishers--Classification, Rating and Fire Testing"; and (c) be maintained in accordance with Australian Standard 1851-1985 (Part 1) "Maintenance of Fire Protection Equipment--Portable Fire Extinguishers". Part 6--Miscellaneous 49--Prescribed association of insurers For the purposes of section 18(3) of the Act, the Insurance Council of Australia is prescribed. 50--Identity cards (1) The Board will issue to each-- (a) C.F.S. officer; and (b) fire control officer; and (c) authorised officer appointed by the Board, a certificate of identity in the form set out in the Schedule 14. (2) A council will issue to each fire prevention officer or assistant fire prevention officer appointed by the council a certificate of identity in the form set out in the Schedule 15. (3) A certificate of identity ceases to be valid when the person ceases to hold the position in relation to which the certificate was issued. (4) A person must, on ceasing to hold the position in relation to which a certificate of identity has been issued, surrender the certificate to the Board or, in the case of a fire prevention officer or assistant fire prevention officer, to the relevant council. Penalty: Division 8 fine. 51--Coronial inquests Pursuant to section 75(2)(e) of the Act, a coronial inquest may be held at the request of the Board in any circumstance where the Board is of the opinion that such an inquest should be held-- (a) on account of-- (i) the circumstances surrounding the lighting or spread of a fire in the country; or (ii) the intensity or seriousness of a fire in the country; or (iii) the circumstances surrounding the involvement of any person or organisation in a fire or other emergency in the country; or (b) on account of representations made to the Board by a council in relation to a fire or other emergency in the country. 52--Uniforms (1) The Board may determine the uniform or other apparel to be worn by a member of the C.F.S. or a fire control officer during a C.F.S. operation or other activity. (2) A person who is not a member of the C.F.S. or a fire control officer must not, without the approval of the Board (which approval may be given unconditionally or subject to conditions determined by the Board), wear a uniform or other apparel in circumstances where to do so could lead to reasonable belief that he or she is a member of the C.F.S. or a fire control officer. Penalty: Division 8 fine. 53--Insignia of the C.F.S. (1) The official emblems of the C.F.S. are set out in the Schedule 16. (2) Other insignia of the C.F.S. will be as determined by the Board. (3) In addition to subregulation (2), a member of the C.F.S. or a fire control officer is, in recognition of his or her service with the C.F.S., the South Australian Metropolitan Fire Service, or any other fire-fighting organisation recognised by the Board for the purposes of this regulation, entitled to wear, on the left sleeve of his or her uniform and fire-fighting clothing, service insignia determined by the Board. (4) A person must not, without the approval of the Board (which approval may be given unconditionally or subject to conditions determined by the Board)-- (a) use or display an official emblem of the C.F.S.; or (b) sell, hire, lend or otherwise surrender possession of a C.F.S. insignia to a person who is not a member of the C.F.S. or a fire control officer. Penalty: Division 7 fine. 54--Flags and other forms of identification (1) The Board will determine the flags and other forms of identification that are to be used during any fire-fighting activity in the country. (2) A person must not display a flag or other material in a manner that contravenes a determination of the Board under subregulation (1). Penalty: Division 8 fine. 55--Roadside fire protection (1) In this regulation-- responsible authority means a council, or a Minister, agency or instrumentality of the Crown, that has the care, control or management of a road in the country, or roadside vegetation in the country. (2) Subject to subregulation (3), a responsible authority may, for the purpose of providing fire protection on a road, or the verge of a road-- (a) light a fire on the road, or on the verge of the road; and (b) while the fire is burning, prohibit, direct or regulate the movement of persons, vehicles or animals along the road. (3) A responsible authority must obtain a permit to light and maintain a fire under this regulation during the fire danger season. 56--Maintenance and inspection of fire-fighting equipment (1) Each C.F.S. organisation or rural council that has possession or control of any fire-fighting equipment that is available for use by the C.F.S. under the Act-- (a) must maintain that equipment in good working order and test that equipment on a regular basis; and (b) must keep that equipment in a place, and in a manner, that allows the equipment to be readily available in the event of a fire or other emergency, or for training purposes; and (c) must ensure that the equipment is inspected at least once in each month by a member of the C.F.S., or by a person who is responsible to the council for the proper maintenance of the equipment; and (d) must, on the request of the Chief Officer of the C.F.S., a Deputy Chief Officer or Assistant Chief Officer, a regional officer, or any authorised officer, make the equipment available for inspection by that officer. (2) If the Board is of the opinion that any fire-fighting equipment in the possession or control of a C.F.S. organisation or rural council is not in good working order, the Board may, after consultation with the organisation or council, by written notice served on the organisation or council, require the organisation or council to reinstate the equipment to good working order. (3) A notice under subregulation (2) must-- (a) state the grounds of the Board's opinion; and (b) specify a day by which the equipment must be reinstated to good working order. (4) A C.F.S. organisation or council is responsible for any cost or expense incurred by it in complying with a notice under subregulation (2). 57--Use of water (1) A C.F.S. officer may, for the purpose of a C.F.S. operation, take water from a hydrant, fire-plug or stand pipe approved by the Engineering and Water Supply Department for fire-fighting purposes. (2) For training purposes, water may only be taken under subregulation (1) as directed by a responsible officer of the Engineering and Water Supply Department. (3) The C.F.S. is not liable for the cost of any water taken under this regulation. 58--Special fire areas (1) The Board may, by notice in the Gazette, establish a Special Fire Area in relation to any part of the State where, in the opinion of the Board-- (a) there exists an extreme risk of fire; or (b) C.F.S. capabilities may be limited because a C.F.S. organisation has not been constituted in relation to the area (or a part of the area), or for any other reason; or (c) some other special situation exists that warrants the establishment of a Special Fire Area. (2) The Board may not include the area (or part of the area) of a council within a Special Fire Area without first consulting the council. (3) Where the Board establishes a Special Fire Area, the Board will constitute a committee of management to manage fire prevention and suppression planning in the area. (4) A committee of management will (according to the determination of the Board) consist of-- (a) one or more representatives of the C.F.S.; and (b) one or more representatives of any council whose area lies wholly or partially within the Special Fire Area; and (c) if there is a reserve (or part of a reserve) administered under the National Parks and Wildlife Act 1972 within the Special Fire Area--one or more officers of the National Parks and Wildlife Service nominated by the Minister for Environment and Planning; and (d) if there is a forest reserve (or part of a forest reserve) within the Special Fire Area--one or more nominees of the Minister of Forests; and (e) one or more representatives of any other organisation or agency that, in the opinion of the Board, has a special interest in fire prevention and suppression in the area; and (f) such other persons as the Board thinks fit. (5) The Board may use money from the Fund to assist a committee of management in the performance of its functions. (6) The Board may, by further notice in the Gazette, vary or dissolve a Special Fire Area established under this regulation. Schedule 1--Certificate of registration of a C.F.S. brigade 1989.167.UN00.jpg Schedule 2--Standard constitution of a C.F.S. brigade 1--Interpretation In this constitution-- the Act means the Country Fires Act 1989; financial year means the period commencing on 1 July in each year and ending on 30 June in the following year; management committee means the management committee of the brigade appointed under clause 9; ordinary meeting means any meeting of the brigade other than an annual general meeting or a special meeting; the regulations means the Country Fires Regulations 1989. 2--Name of the brigade The name of the brigade is: ....................................................................... ....................................................................... .. 3--Brigade area The brigade is constituted in relation to the following area of the country: ....................................................................... ....................................................................... .. ....................................................................... ....................................................................... .. 4--Fire stations The fire station(s) of the brigade will be located at: ....................................................................... ....................................................................... .. ....................................................................... ....................................................................... .. ....................................................................... ....................................................................... .. 5--Objects The brigade has the following objects: (a) to undertake C.F.S. operations-- (i) to prevent, control and suppress fires in the country; and (ii) to protect life and property in other emergencies occurring in the country; (b) to provide a means by which persons may participate in the activities of the C.F.S. at a local level; (c) to ensure that brigade members are properly trained for C.F.S. operations; (d) where the brigade is a member of a C.F.S. group--to work as an effective part of that group; (e) to advise the regional officer for its area, and any other relevant person or organisation, on matters referred to the brigade for advice; (f) to report to the Board on matters referred to the brigade by the Board; (g) to perform any other function assigned to the brigade under the Act or the regulations. 6--Meetings (1) Subject to this clause, the brigade may hold meetings on such days, and at such times and places, as the brigade thinks fit. (2) The brigade must hold at least one meeting per month on a regular basis. (3) The brigade must hold an annual general meeting during July or August of each year (and where brigade elections must be held in a particular year, the annual general meeting will, unless otherwise approved by the Board, be held in conjunction with those elections). (4) A special meeting of the brigade may be convened by the administrative officer, the President of the management committee, or the brigade captain. (5) The administrative officer must convene a special meeting if requested to do so by at least five members of the brigade. (6) A special meeting must be held under subclause (5) within 14 days after the request is made to the administrative officer. (7) Notice of the annual general meeting and any special meeting of the brigade must be given to all members of the brigade (other than cadet fire-fighters) at least 48 hours before the commencement of the meeting. (8) Notice of a meeting under subclause (7)-- (a) must be given by the administrative officer or, in the case of a special meeting, by the person convening the meeting; and (b) may be given by written notice to each member-- (i) personally or by post; or (ii) by a notice published in a newspaper circulating in the area of the brigade; and (c) must set out the date, time and place of the meeting; and (d) must be signed by the administrative officer or, in the case of a special meeting, by the person convening the meeting; and (e) must set out an agenda for the meeting. 7--Procedure at meetings (1) The brigade captain will, if present at a meeting of the brigade, preside at that meeting and, in the absence of the brigade captain, the most senior lieutenant present at the meeting will preside and, in the absence of a lieutenant, a member of the brigade chosen by the members present will preside. (2) The prescribed number of members of the brigade constitute a quorum at a meeting. (3) The prescribed number for the purposes of subclause (2) is a number ascertained by dividing the total number of members of the brigade by two, ignoring any fraction resulting from the division, and adding one. (4) Subject to the Act and the regulations, a question for decision at a meeting will be decided by a majority of the votes of members present at the meeting. (5) Each member present at a meeting is entitled to one vote on any such question (and the person presiding at the meeting has, in the event of an equality of votes, a second or casting vote). (6) The administrative officer must cause an accurate record to be kept of the proceedings of a meeting of the brigade. (7) Subject to this clause, the Act and the regulations, and any direction of the Board, a meeting of the brigade will be conducted in such manner as the brigade may determine. 8--Membership (1) Where an application for membership is received by the brigade, the administrative officer must refer the application to the next ordinary meeting of the brigade. (2) The brigade may, at that meeting-- (a) accept the application; (b) defer consideration of the application; (c) reject the application. (3) When a decision is made on an application for membership, the administrative officer must forthwith inform the applicant in writing of the outcome of the application. (4) Where a person who has been a cadet fire-fighter with the brigade applies for membership of the brigade as a fire-fighter (the person having attained the age of 16 years), his or her application should be accepted at the first opportunity unless the brigade determines that there is good reason to defer or reject the application. 9--Management committee (1) The brigade will have a management committee. (2) The management committee will consist of-- (a) the President of the management committee; and (b) the Vice-President of the management committee; and (c) the brigade captain (ex officio); and (d) the administrative officer (ex officio); and (e) three other members of the brigade (not being cadet fire-fighters). (3) The members of the management committee will be elected at the biennial elections of the brigade. (4) The management committee will be responsible for-- (a) the financial affairs of the brigade; and (b) the general management of the administrative affairs of the brigade. (5) The President will, if present at a meeting of the management committee, preside at that meeting and, in the absence of the President, the Vice-President will preside and, in the absence of the Vice-President, a member of the management committee chosen by the members present will preside. (6) Four members constitute a quorum of the management committee. (7) A decision carried by the votes of at least four members present at a meeting of the management committee is a decision of the management committee. (8) Each member present at a meeting of the management committee is entitled to one vote on a matter arising for decision by the management committee (and the person presiding at the meeting does not have, in the event of an equality of votes, a second or casting vote). (9) The management committee must keep minutes of its proceedings. (10) Unless a member of the management committee resigns from membership of the committee or the brigade, or ceases to hold a position that entitles him or her to membership of the committee, the member holds office for a period of two years. (11) The management committee can appoint another member of the brigade to the committee to fill a casual vacancy in the membership of the committee (and he or she holds office for the balance of the term of his or her predecessor). (12) A member of the management committee is, on the expiration of a term of office, eligible for reappointment to the committee. (13) Subject to this clause, and any direction of the brigade or the Board, a meeting of the management committee will be conducted in such manner as the committee may determine. 10--Nomination of candidates for brigade elections (1) The administrative officer must, at least 21 days before the day on which brigade elections are due to be held, give or post to each member of the brigade (other than cadet fire-fighters) a written notice setting out the day on which the elections are due to be held and inviting nominations of candidates for election. (2) A member of the brigade who is eligible to be nominated for election to a particular position in the brigade may be nominated for that position by two or more members of the brigade. (3) A nomination may be made-- (a) by written nomination lodged with the administrative officer before election day; or (b) by oral nomination made immediately before the commencement of the relevant election. 11--Conduct of elections Voting will occur for positions in the following order: (a) brigade captain; (b) lieutenants; (c) communications officer; (d) training officer; (e) equipment officer; (f) logistics support officer; (g) administrative officer; (h) if the brigade is a member of a C.F.S. group and the brigade captain (or his or her nominee) is not to be the brigade's representative--brigade representative at group level; (i) President of the management committee; (j) Vice-President of the management committee; (k) other members of the management committee; (l) any other position that, according to a determination of the brigade or the Board, should be filled by election. 12--Supplementary elections Where a supplementary election must be held-- (a) the administrative officer must appoint a meeting of the brigade at which the election will be held; and (b) the administrative officer must, at least 21 days before that meeting, give or post to each member of the brigade (other than cadet fire-fighters) a written notice informing him or her of the election and inviting nominations of candidates for election; and (c) a member of the brigade who is eligible to be nominated for election to the particular position may be nominated for that position by two or more members of the brigade; and (d) a nomination may be made-- (i) by written nomination lodged with the administrative officer before election day; or (ii) by oral nomination made immediately before the commencement of the relevant election. 13--Subscriptions (1) The brigade may, by resolution at an annual general meeting, levy an annual subscription against the members of the brigade. (2) The subscription is payable within one month of the annual general meeting. (3) A person who is accepted as a member of the brigade more than six months after an annual general meeting at which a subscription is imposed is only liable to pay half the subscription for that year. 14--Accounts at financial institutions (1) The brigade must, at each annual general meeting, determine where it will maintain its accounts for the ensuing financial year. (2) The brigade must appoint at least four office holders as signatories on its accounts, and at least two signatories must sign any cheque or withdrawal form. 15--Auditor (1) The brigade must, at each annual general meeting, appoint an auditor or auditors for the ensuing financial year. (2) If an auditor resigns during the financial year, the brigade must appoint a replacement at its next ordinary meeting. 16--Common seal (1) The brigade may have a common seal issued by the Board. (2) The administrative officer will be responsible for the safe keeping of the seal. (3) The affixation of the common seal to a document must be attested by the President of the management committee, the brigade captain and the administrative officer, or by a combination of any two or them. 17--Auxiliaries (1) The brigade may establish one or more auxiliaries (which may include persons who are not members of the brigade) for the purpose of providing support to the brigade in the performance of its functions. (2) A member of an auxiliary may be removed by the brigade for any reasonable cause. (3) An auxiliary-- (a) may be wound up by the brigade at any time; and (b) must be wound up at the direction of the Board. 18--Rules (1) The brigade may make rules not inconsistent with-- (a) the Act; or (b) the regulations; or (c) this constitution, to assist the brigade to manage its affairs effectively and efficiently. (2) Where the brigade makes a rule under this clause (or varies or revokes such a rule), the administrative officer must, within 14 days, send a copy of the rule to the Board. (3) The Board may, if it thinks fit, direct that a rule (or the variation or revocation of a rule) cannot have effect (and the brigade must comply with that direction). 19--Amendment of constitution The brigade may, by resolution, amend this constitution if-- (a) at least two months written notice, setting out the terms of the proposed resolution, is given to each member of the brigade personally or by post; and (b) the resolution is supported at a duly convened meeting of the brigade by at least two-thirds of the total number of members of the brigade present at that meeting. (An amendment to the constitution is subject to the approval of the Board--Country Fires Act 1989 section 12(3)). Schedule 3--Officers of a C.F.S. brigade 1--Brigade captain A brigade captain has the following specific functions: (a) to ensure that the brigade prepares and maintains an Incident Response Plan; and (b) to assist in bushfire prevention planning within the area of the brigade; and (c) to undertake responsibility for the proper management and maintenance of brigade property and equipment; and (d) to ensure that members of the brigade are properly trained to carry out their functions; and (e) subject to the Act and the direction of a superior officer, to take command at a fire or other emergency in the country at which he or she attends as a member of the C.F.S. and to ensure that the chain of command within the brigade operates effectively and efficiently; and (f) to liaise with other brigade captains in adjacent areas, and any other relevant officer; and (g) to ensure (so far as may be practicable) the health and safety of all members of the brigade during a C.F.S. operation; and (h) otherwise to manage the operations of the brigade in accordance with any determination of the Board. 2--Lieutenant A lieutenant must assist the brigade captain in the performance of his or her functions (and, in the absence of the brigade captain, the most senior lieutenant may assume the functions and responsibilities of the brigade captain). Schedule 4--Functions of other brigade officers 1--Communications officer A communications officer has the following specific functions: (a) to ensure that the brigade's communications system operates effectively and fits into any group communications network; and (b) to control the use of communications equipment by members of the brigade; and (c) to undertake responsibility for the maintenance of communications equipment and, where necessary, for its repair or replacement; and (d) to test the brigade's communications equipment on a regular basis; and (e) to assist in training members of the brigade in the use of communications equipment; and (f) if the brigade is a member of a C.F.S. group, to represent the brigade on any Group Communications Committee formed by the group; and (g) to liaise with communications officers in other C.F.S. brigades; and (h) to undertake any other function assigned by the brigade captain or determined by the Board. 2--Training officer A training officer has the following specific functions: (a) to organise regular training sessions within the brigade; and (b) to encourage members to undertake training within the C.F.S.; and (c) to ensure that members of the brigade receive training that is consistent with the Act and the policies of the Board and the C.F.S.; and (d) to keep proper records relating to training undertaken by members of the brigade; and (e) to encourage members of the brigade to become C.F.S. instructors; and (f) if the brigade is a member of a C.F.S. group, to represent the brigade on any Group Training Committee formed by the group; and (g) to liaise with training officers in other C.F.S. brigades; and (h) to undertake any other function assigned by the brigade captain or determined by the Board. 3--Equipment officer An equipment officer is responsible for the proper management and maintenance of all brigade property and equipment (other than communications equipment). 4--Logistics support officer A logistics support officer has the following specific functions: (a) to undertake responsibility for the management and implementation of all intelligence, planning, support and supply functions during an operation; and (b) to provide advice to the equipment officer in relation to the effective deployment and use of brigade property and equipment during an operation; and (c) to liaise with officers at brigade level to ensure co-ordination during an operation. 5--Administrative officer An administrative officer has the following specific functions: (a) to organise any meeting of the brigade; and (b) to give notice of meetings of the brigade in accordance with the constitution of the brigade; and (c) to prepare an agenda for any meeting of the brigade; and (d) to keep brigade records, and to send and receive brigade correspondence; and (e) to disseminate information to brigade members; and (f) to manage the financial affairs of the brigade; and (g) to keep financial records; and (h) if the brigade is a member of a group, to liaise with the group administrative officer; and (i) to undertake any other function assigned by the brigade captain or determined by the Board. Schedule 5--Certificate of registration of a C.F.S. group 1989.167.UN01.jpg Schedule 6--Standard constitution of a C.F.S. group 1--Interpretation In this constitution-- the Act means the Country Fires Act 1989; financial year means the period commencing on 1 July in each year and ending on 30 June in the following year; management committee means the management committee of the group appointed under clause 7; the regulations means the Country Fires Regulations 1989; quarter means each three month period commencing on 1 January, 1 April, 1 July and 1 October in any year. 2--Name of the group The name of the group is..................................................................... ....................................... 3--Composition of group The brigades that make up the group are:................................................................... ................. 4--Objects The group has the following objects: (a) to provide support and guidance to the brigades in the group, and to assist those brigades to fulfil their objects; (b) to establish and maintain-- (i) an operational command and control structure within the group; and (ii) procedures to enhance the ability of the brigades in the group to carry out operations, activities and training effectively and efficiently; (c) to ensure co-operation between the brigades in the group, and between the group and other groups; (d) to advise the regional officer for the area, and any other relevant person or organisation, on matters referred to the group for advice; (e) to report to the Board on matters referred to the group by the Board; (f) to perform any other function assigned to the group under the Act or the regulations. 5--Meetings (1) Subject to this clause, the group may hold meetings on such days, and at such times and places, as the group thinks fit. (2) Subject to subclause (3), the group must hold at least one meeting per quarter on a regular basis. (3) The meeting for the quarter commencing on 1 July must be the annual general meeting and must be held during July or August (and where group elections must be held in a particular year, the annual general meeting will, unless otherwise approved by the Board, be held in conjunction with those elections). (4) A special meeting of the group may be convened by the group administrative officer or the group officer. (5) The group administrative officer must convene a special meeting if requested to do so by at least four members of the group. (6) A special meeting must be held under subclause (5) within 14 days after the request is made to the group administrative officer. (7) Notice of the annual general meeting and any special meeting of the group must be given to all members of the group (and to any organisation entitled to send observers to the meeting) at least 48 hours before the commencement of the meeting. (8) Notice of a meeting under subclause (7)-- (a) must be given by the group administrative officer; and (b) must be given by written notice to each member (or organisation) personally or by post; and (c) must set out the date, time and place of the meeting; and (d) must set out an agenda for the meeting. 6--Procedure at meetings (1) The group officer will, if present at a meeting of the group, preside at that meeting and, in the absence of the group officer, the most senior deputy group officer present at the meeting will preside and, in the absence of a deputy group officer, a member of the group chosen by the members present will preside. (2) The prescribed number of members of the group constitute a quorum at a meeting. (3) The prescribed number for the purposes of subclause (2) is a number ascertained by dividing the total number of members of the group by three, multiplying the result by two, ignoring any fraction resulting from the division and multiplication, and adding one. (4) Subject to the Act and the regulations, a question for decision at a meeting will be decided by a majority of the votes of members present at the meeting. (5) Each member present at a meeting is entitled to one vote on any such question (and the person presiding at the meeting has, in the event of an equality of votes, a second or casting vote). (6) The following persons are entitled to attend any meeting of the group: (a) any member of a brigade in the group; (b) up to two representatives of each council that has a part of its area within the area of a brigade in the group; (c) one or more representatives of the National Parks and Wildlife Service; (d) one or more representatives of the Woods and Forests Department; (e) any other person admitted to the meeting by the members at the meeting. (7) The group administrative officer must cause an accurate record to be kept of the proceedings of a meeting of the group. (8) Subject to this clause, the Act and the regulations, and any direction of the Board, a meeting of the group will be conducted in such manner as the group may determine. 7--Management committee (1) The group will have a management committee. (2) The management committee will consist of-- (a) the group officer; and (b) the deputy group officer, or deputy group officers; and (c) the brigade representatives; and (d) the group administrative officer. (2) The management committee will be responsible for-- (a) the financial affairs of the group; and (b) the general management of the affairs of the group; and (c) subject to any direction of the group as a whole-- (i) ensuring that group equipment, and the equipment in the possession or control of the brigades in the group, is inspected on a regular basis; (ii) making representations and recommendations to councils in relation to the fire-fighting equipment that should be provided within their areas; (iii) taking steps to ensure the appropriate distribution of fire-fighting equipment amongst the brigades in the group; (iv) co-ordinating training within the brigades in the group to ensure that the brigades can work together effectively and efficiently; (v) overseeing the preparation and maintenance of an Incident Response Plan for the group; (vi) ensuring that an operational command base is established and maintained for the group; (vii) selecting members of the group to represent the group on a district or regional basis; (viii) carrying out other functions assigned to the committee by the group or the Board. (3) The group officer will, if present at a meeting of the management committee, preside at that meeting and, in the absence of the group officer, a member of the management committee chosen by the members present will preside. (4) The prescribed number of members of the management committee constitute a quorum of the committee. (5) The prescribed number for the purposes of subclause (4) is a number ascertained by dividing the total number of members of the committee by two, ignoring any fraction resulting from the division, and adding one. (6) A question for decision at a meeting of the management committee will be decided by a majority of the votes of members present at the meeting. (7) Each member present at a meeting is entitled to one vote on any such question (and if the group officer is presiding at the meeting, he or she has, in the event of an equality of votes, a second or casting vote but otherwise the person presiding at the meeting does not have a second or casting vote). (8) The management committee must keep minutes of its proceedings. (9) Subject to this clause, and any direction of the group or the Board, a meeting of the management committee will be conducted in such manner as the committee may determine. 8--Nomination of candidates for group elections (1) The group administrative officer must, at least 42 days before the day on which group elections are due to be held, give or post to the administrative officers of each brigade in the group a written notice setting out the day on which the elections are due to be held and inviting nominations of candidates for election. (2) A member of a brigade who is eligible to be nominated for election to a particular position in the group may be nominated for that position by two or more members of a brigade in the group. (3) A nomination may be made-- (a) by written nomination lodged with the group administrative officer before election day; or (b) by oral nomination made immediately before the commencement of the relevant election. 9--Conduct of elections Voting will occur for positions in the following order: (a) group officer; (b) deputy group officers; (c) group communications officer; (d) group training officer; (e) group equipment officer; (f) group logistics support officer; (g) group administrative officer; (h) any other position that, according to a determination of the group or the Board, should be filled by election. 10--Supplementary elections Where a supplementary election must be held-- (a) the group administrative officer must appoint a meeting of the brigade representatives at which the election will be held; and (b) the group administrative officer must, at least 42 days before that meeting, give or post to the administrative officers of each brigade in the group a written notice informing him or her of the election and inviting nominations of candidates for election; and (c) a member of a brigade who is eligible to be nominated for election to the particular position in the group may be nominated for that position by two or more members of a brigade in the group; and (d) a nomination may be made-- (i) by written nomination lodged with the group administrative officer before election day; or (ii) by oral nomination made immediately before the commencement of the relevant election. 11--Subscriptions (1) The group may, by resolution at an annual general meeting, levy an annual subscription against the brigades in the group. (2) The subscription is payable within one month of the annual general meeting. 12--Accounts at financial institutions (1) The group must, at each annual general meeting, determine where it will maintain its accounts for the ensuing financial year. (2) The group must appoint at least four office holders as signatories on its accounts, and at least two signatories must sign any cheque or withdrawal form. 13--Auditor (1) The group must, at each annual general meeting, appoint an auditor or auditors for the ensuing financial year. (2) If an auditor resigns during the financial year, the group must appoint a replacement at its next meeting. 14--Common seal (1) The group may have a common seal issued by the Board. (2) The group administrative officer will be responsible for the safe keeping of the seal. (3) The affixation of the common seal to a document must be attested by the group officer, a deputy group officer and the group administrative officer, or by a combination of any two of them. 15--Auxiliaries (1) The group may establish one or more auxiliaries (which may include persons who are not members of the group) for the purpose of providing support to the group in the performance of its functions. (2) A member of an auxiliary may be removed by the group for any reasonable cause. (3) An auxiliary-- (a) may be wound-up by the group at any time; and (b) must be wound-up at the direction of the Board. 16--Rules (1) The group may make rules not inconsistent with-- (a) the Act; or (b) the regulations; or (c) this constitution, to assist the group to manage its affairs effectively and efficiently. (2) Where the group makes a rule under this clause (or varies or revokes such a rule), the group administrative officer must, within 14 days, send a copy of the rule to the Board. (3) The Board may, if it thinks fit, direct that a rule (or the variation or revocation of a rule) cannot have effect (and the group must comply with that direction). 17--Amendment of constitution The group may, by resolution, amend this constitution if-- (a) at least two months written notice, setting out the terms of the proposed resolution, is given to each member of the group personally or by post; and (b) the resolution is supported at a duly convened meeting of the group by at least two-thirds of the total number of members of the group present at that meeting. (An amendment to the constitution is subject to the approval of the Board--Country Fires Act 1989 section 12(3)). Schedule 7--Officers of a C.F.S. group 1--Group officer A group officer has the following specific functions: (a) to ensure that the group prepares and maintains an Incident Response Plan; and (b) in the event of a fire or other emergency requiring a group response-- (i) to establish forward command in the field; (ii) subject to the Act and the direction of a superior officer, to co-ordinate and control the operations of the brigades in the group; (iii) to organise persons who volunteer to assist the group or a brigade in fighting the fire or dealing with the emergency; (iv) to liaise with other group officers in adjacent areas, and any other relevant officer; and (c) to oversee the operations, activities and training of the brigades in the group; and (d) otherwise to undertake any function determined by the Board. 2--Deputy group officer A deputy group officer must assist the group officer in the performance of his or her functions (and in the absence of the group officer, the most senior deputy group officer may assume the functions and responsibilities of the group officer). Schedule 8--Functions of other group officers 1--Group communications officer A group communications officer has the following specific functions: (a) to ensure that the group's communications equipment operates effectively; and (b) in the event of a fire or other emergency requiring a group response-- (i) to establish and maintain a group communications centre; and (ii) to co-ordinate and control communications within and between the brigades in the group; and (iii) to co-ordinate communications with any other group; and (c) to liaise with communications officers in the brigades in the group; and (d) to represent the group at any meeting of communications officers held on a regional basis; and (e) to undertake any other function assigned by the group officer or determined by the Board. 2--Group training officer A group training officer has the following specific functions: (a) to prepare an annual training plan for the brigades in the group and to organise regular training sessions within the group; and (b) to ensure that members of the brigades in the group are-- (i) trained in accordance with courses approved by the Board; (ii) assessed to standards approved by the Board; and (c) to encourage members of the brigades in the group to become C.F.S. instructors; and (d) to represent the group at any meeting of training officers held on a regional basis; and (e) to undertake any other function assigned by the group officer or determined by the Board. 3--Group equipment officer A group equipment officer is responsible for the proper management and maintenance of all group property and equipment (other than communications equipment). 4--Group logistics support officer A group logistics support officer has the following specific functions: (a) to undertake responsibility for the management and implementation of all intelligence, planning, support and supply functions at group level; and (b) to provide advice to the group equipment officer in relation to the effective deployment and use of group property and equipment; and (c) to liaise with officers at group level to ensure co-ordination during a group operation; and (d) to liaise with other group logistics support officers. 5--Group administrative officer A group administrative officer has the following specific functions: (a) to organise any meeting of the group; and (b) to give notice of any meeting of the group to the group officers and the representatives of brigades in the group in accordance with the constitution of the group; and (c) to prepare an agenda for any meeting of the group; and (d) to keep group records, and to send and receive group correspondence; and (e) to disseminate information to brigades in the group; and (f) to manage the financial affairs of the group; and (g) to keep financial records; and (h) to liaise with the administrative officers of the brigades in the group; and (i) to undertake any other function assigned by the group officer or determined by the Board. Schedule 9--Permit authorising person to light or maintain fire during fire danger season 1989.167.UN02.jpg Schedule 10--Permit authorising person to light or maintain fire in open air contrary to terms of total fire ban 1989.167.UN03.jpg Schedule 11--Regulation 33 declaration 1989.167.UN04.jpg Schedule 12--Section 40 notice 1989.167.UN05.jpg Schedule 13--Variation or revocation of section 40 notice 1989.167.UN06.jpg Schedule 14--Certificate of identity under the Act 1989.167.UN07.jpg Schedule 15--Certificate of identity for fire prevention officer 1989.167.UN08.jpg Schedule 16--Official emblems of C.F.S. 1989.167.UN09.jpg Legislative history Notes o For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes. Revocation of regulations The Country Fires Regulations 1989 were revoked by Sch 17 of the Country Fires Regulations 2004 on 1.9.2004. Principal regulations and variations Year No Reference Commencement 1989 167 Gazette 31.8.1989 p713 18.9.1989: r 2 1993 265 Gazette 18.11.1993 p2517 1.1.1994: r 2 1999 143 Gazette 1.7.1999 p55 1.7.1999: r 2 2003 147 Gazette 12.6.2003 p2500 12.6.2003: r 2 2003 247 Gazette 11.12.2003 p4458 18.12.2003: r 2 Provisions varied Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Pt 3 Div 1 r 8 r 8(5)--(7) deleted by 265/1993 r 3 1.1.1994 r 18(6) varied by 265/1993 r 4(a) 1.1.1994 (d) deleted by 265/1993 r 4(b) 1.1.1994 r 18(7) substituted by 265/1993 r 4(c) 1.1.1994 Pt 3 Div 3 r 19 r 19(1) varied by 143/1999 r 3 (Sch cl 5) 1.7.1999 Pt 4 Div 2 r 32 r 32(4) varied by 247/2003 r 4(1), (2) 18.12.2003 r 32(5) varied by 247/2003 r 4(3), (4) 18.12.2003 Pt 5 Div 4A inserted by 247/2003 r 5 18.12.2003 Schs 1--16 headings substituted by 147/2003 Sch 1 12.6.2003 Appendix--Divisional penalties and expiation fees At the date of publication of this reprint divisional penalties and expiation fees are, as provided by section 28A of the Acts Interpretation Act 1915, as follows: Division Maximum imprisonment Maximum fine Expiation fee 1 15 years $60 000 -- 2 10 years $40 000 -- 3 7 years $30 000 -- 4 4 years $15 000 -- 5 2 years $8 000 -- 6 1 year $4 000 $300 7 6 months $2 000 $200 8 3 months $1 000 $150 9 - $500 $100 10 - $200 $75 11 - $100 $50 12 - $50 $25 Note: This appendix is provided for convenience of reference only.