POWERS OF
A C.F.S. OFFICER
(RELEVANT EXTRACTS FROM THE Country Fires Act 1989)
DIVISION IV - POWER OF DIRECTION
Power to direct
39. (1) Subject to this section, if a C.F.S. officer is satisfied that a fire has been lit on any land contrary to this Act, or that a fire on any land (whether lit lawfully or not) is out of control, or is likely to get out of control, the officer may-
(a) direct the person who lit the fire, or the owner of the land, to extinguish the fire or to take such other steps in relation to the fire as appear necessary to prevent it from getting out of control;
or
(b) extinguish the fire, or take such other steps in relation to the fire as appear necessary to prevent it from getting out of control.
(2) If a C.F.S. officer is satisfied-
(a) that a person proposes to light a fire;
and
(b) that because of weather conditions the fire, if Iighted, might get out of control, the officer may direct that person to refrain from Iighting a fire during a period specified in the direction.
(3) A person who contravenes, or fails forthwith to comply with, a direction under this section is guilty of an offence.
Penalty: For a first offence-Division 6 fine or division 6 imprisonment: for a subsequent offence-Division 5 fine or division 5 imprisonment.
(4) The Board may determine that the powers of a C.F.S. officer under this section may only be exercised by C.F.S. officers of or above a certain rank.
(5) Notwithstanding subsection (4), if no C.F.S. officer who is Able to exercise the powers conferred by this section is present, any member of the C.F.S. or, in the absence of any such member any fire prevention officer, officer of the South Australian Metropolitan Fire Service or member of the police force, may exercise those powers.
PART VI
POWERS TO DEAL WITH FIRES AND OTHER EMERGENCIES
Exercise of control at a fire, etc.
53. (1) This section applies in relation to-
(a) fire or a situation that involves imminent danger of fire;
(b) emergencies involving the escape of a dangerous substance or a situation that involves imminent danger of such an escape;
(c) at other emergencies endangering, or likely to endanger, life or property and at which no other person having lawful authority to assume command has done so, that occur in the country or that occur inside a metropolitan fire service district but at which a metropolitan fire brigade is not in attendance.
(2) All fire brigades and all persons present at the scene of the fire or other emergency to which this section applies will be subject to the control of the most senior member of the C.F.S. in attendance.
Power of C.F.S. officer
54. (1) A C.F.S. officer may take, or cause to be taken, any action that appears necessary or desirable for the purpose of fire-fighting or for the purpose of protecting life or property in any other emergency (notwithstanding that that action may result in damage to, or destruction of property or cause pecuniary loss to any person) and, in particular, the C.F.S. officer may-
(a) may enter or break into any land or building;
(b) remove flammable material or any other dangerous substance, or cause flammable material or any other dangerous substance to be removed from any land or building;
(c) take possession of, protect, remove or destroy any structure;
(d) cause any supply of fuel or other flammable liquid, any gas or electricity, or any other dangerous substance to be shut off or removed;
(e) cause firebreaks to be ploughed or cleared on any land;
(f) subject to the directions (if any) of a member of the police force, prohibit, direct or regulate the movement of persons, vehicles or animals;
(g) take and use water or any other fire extinguishing material from any land;
(h) with the consent of the owner or person in charge of any vehicle or machine, use that vehicle or machine for the purpose of fire-fighting;
(I) remove or cause to be removed to such place as the officer thinks fit any person who obstructs or interferes with, or threatens to obstruct or interfere with, any operations under this section;
(j) make use of the gratuitous services of any person;
and
(k) exercise any prescribed power.
(2) Notwithstanding any other provision of this Act, a C.F.S. officer may, for the purpose of controlling an existing fire, light another fire, or cause another fire to be lit.
(3) A C.F.S. officer must, before proceeding to exercise a power conferred by this section on any land, consult (where practicable) with the owner or occupier of the land.
(4) A C.F.S. officer, before lighting a fire, or causing a fire to be tit, in pursuance of this section within two kilometres of a government reserve, must (where practicable) consult with the person who is in charge of the reserve.
(5) Where there is a fire or other emergency on lands within the vicinity of a government reserve or a fire or other emergency is threatening or is likely to threaten, a government reserve, a C.F.S. officer must (where practicable) consult with the person who is in charge of the reserve.
(6) Where there is a fire or other emergency on a government reserve, and the person who is in charge of the reserve, being a government officer, is present at the scene of the fire, no person other than the Chief Officer or a delegate of the Chief Officer may exercise any power conferred by this section on the reserve except with the a approval and subject to any directions, of that government officer.
(7) The power of the Chief Officer to delegate under subsection (6) is subject to the following qualifications-
(a) the delegation must be to a C.F.S. officer of or above the rank of group officer, or to a government officer;
and
(b) the delegation may only be made in relation to a specific fire or other emergency.
(8) Except as otherwise provided in subsections (6) and (7), the powers of a C.F.S. officer under this section, other than under subsection (2), may be exercised in the absence of such an officer by any other member of the C.F.S.