Western Australian Consolidated Acts

BUSH FIRES ACT 1954 - SECT 45

45 .         Powers and authorities exercisable by authorised CALM Act officers

        (1)         In this section —

        bush fire officer means a bush fire control officer or an officer or member of a bush fire brigade;

        CALM Act means the Conservation and Land Management Act 1984 ;

        conservation land means —

            (a)         land to which the CALM Act applies, as described in section 5 of that Act; or

            (b)         land prescribed by the regulations for the purposes of this definition,

        but does not include any land in a fire district under the Fire Brigades Act 1942 ;

        land other than conservation land means land that is not —

            (a)         conservation land; or

            (b)         in a fire district under the Fire Brigades Act 1942 .

        (2)         If —

            (a)         an authorised CALM Act officer is present at a bush fire burning on land; and

            (b)         the land is —

                  (i)         conservation land; or

                  (ii)         land other than conservation land and a bush fire officer does not have control of all operations in relation to the fire,

                the powers and authorities conferred by this Act on a bush fire officer are exercisable by the authorised CALM Act officer.

        (3)         If an authorised CALM Act officer is present at a bush fire and is exercising powers and authorities under subsection (2), he may take supreme control and charge of all the operations, and thereupon every bush fire control officer, and the officers and members of every bush fire brigade who are present at the fire, are in all respects subject to and shall act under his orders and directions.

        (4)         Subsection (2) ceases to have effect in respect of a bush fire burning on conservation land if —

            (a)         the authorised CALM Act officer requests a bush fire officer present at the fire to take control of all operations in relation to the fire; and

            (b)         the bush fire officer agrees to do so.

        (5)         Subsection (2) ceases to have effect in respect of a bush fire burning on land other than conservation land if a bush fire officer is present at the fire and takes control of all operations in relation to the fire.

        (6)         Subsection (2) ceases to have effect in respect of a bush fire burning on conservation land or land other than conservation land if a bush fire liaison officer or another person is authorised to take control of all operations in relation to the fire under section 13(4) or (5).

        (7)         A bush fire officer who takes control of all operations in relation to a bush fire under subsection (4) or (5) —

            (a)         must inform the Authority of having done so; and

            (b)         must comply with any requirements prescribed by the regulations for the purposes of this subsection.

        [Section 45 amended by No. 11 of 1963 s. 20; No. 8 of 1987 s. 5; No. 38 of 2002 s. 40(1); No. 25 of 2009 s. 16.]