Fire Control Act 2000

No. 15, 2000

Compilation No. 2

Compilation date: 8 February 2023

Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended up to Norfolk Island Continued Laws Amendment (Fire Control) Ordinance 2023 (F2023L00091)

Note: The formatting of this compilation was updated in 2023 to align with current formatting practices.

Contents

Part 1—Preliminary

1 Short title

2 Commencement

3 Application

4 Crown to be bound

5 Interpretation

Part 2—Chief Fire Control Officer, Fire Control Officers and authorised persons

14 Chief Fire Control Officer

15 Powers and functions of Chief Fire Control Officer

16 Fire Control Officers

17 Authorised persons

18 Identification

19 Powers to enter land and light fires on land

20 Protection of Chief Fire Control Officer, etc

Part 3—Prevention and control of fires

Division 1—Total fire ban

21 Declaration of a total fire ban

21A Fires during a total fire ban

21B Fire must not be left unattended during total fire ban

21C Hot works during total fire ban

Division 2—Fire danger period

22 Declaration of fire danger period

22A Fires during a fire danger period

22B Fire must not be left unattended during a fire danger period

Division 3—Fires other than during a total fire ban or fire danger period

23 Fires to clear land

23A Burning waste

23B Burning green waste

Division 4—Obligations relating to fires at all times

24 Uncontrolled fires must be notified and extinguished

24A No tampering etc with fire protection or fire prevention equipment

Division 5—Chief Fire Control Officer Directions

25 Directions to prevent fire or in event of fire

25A Failure to comply with Direction

Part 3A—Permits

26 Permits

26A Conditions of permit must be complied with

Part 4—Miscellaneous

27 Liability for payment of costs

28 Common law rights preserved

29 Regulations

Endnotes

Fire Control Act 2000

An Act to provide for controlling use of fire and for related purposes

Part 1—Preliminary

1  Short title

  This Act may be cited as the Fire Control Act 2000.

2  Commencement

  This Act commences on the day on which notification of assent is published in the Gazette.

3  Application

  This Act applies to freehold land and to Crown land whether or not subject to a lease.

4  Crown to be bound

  This Act binds the Crown.

5  Interpretation

  In this Act, unless the contrary intention appears —

authorised person means a person authorised by the Chief Executive Officer under section 17.

Chief Fire Control Officer means the person appointed to be the Chief Fire Control Officer under section 14.

Commonwealth reserve has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).

Court means the Court of Petty Sessions.

fire danger period means a fire danger period declared under section 22.

Fire Officer means a Fire Control Officer appointed under section 16.

land includes buildings on the land.

owner, in relation to land, includes the occupier of the land.

permit means a permit issued under Part 3A.

public reserve means a reserve within the meaning of the Public Reserves Act 1997.

total fire ban – means a total fire ban declared under section 21.

Volunteer Fire Officer – means a person who —

 (a) is requested or directed by, or under the control of, the Chief Fire Control Officer, a Fire Officer, or an authorised person to engage and participate voluntarily in any function or act outlined in section 19; or

 (b) acts in a reasonable manner to protect persons or property, or to ascertain the existence or nature of a fire, in circumstances of emergency, or where a person mentioned in section 19 could not reasonably be contacted or expected to attend within a reasonable time.

Part 2—Chief Fire Control Officer, Fire Control Officers and authorised persons

14  Chief Fire Control Officer

 (1) The Chief Executive Officer may, by written instrument, appoint an officer or employee of the Administration to be the Chief Fire Control Officer.

 (2) The Chief Fire Control Officer holds office until the expiration of a period, not exceeding 5 years, specified in the instrument of appointment, but is eligible for re‑appointment.

15  Powers and functions of Chief Fire Control Officer

 (1) The functions of the Chief Fire Control Officer are, in the event of a threat of a fire, to extinguish or to prevent the outbreak or spread of fire.

 (2) In the performance of his or her functions the powers of the Chief Fire Control Officer include the power —

 (a) to control and to direct all persons employed in extinguishing a fire and all persons who voluntarily place their services at his or her disposal; and

 (b) to enter on land, either alone or with others under his or her control; and

 (c) to close a street, road or other thoroughfare to traffic; and

 (d) to shut off or disconnect the supply of electricity to land; and

 (e) to remove from land any flammable, explosive or dangerous material, and to remove stock; and

 (f) to order a person to leave land; and

 (g) to remove a person or thing that, in the opinion of the Chief Fire Control Officer, is threatening to interfere with the control of a fire; and

 (h) to take fire fighting equipment through, over or on land; and

 (j) to shore up or pull down a fence or a building or part that is, in the opinion of the Chief Fire Control Officer, damaged or insecure or may be dangerous to a person or to property; and

 (k) to take such measures as the Chief Fire Control Officer thinks proper for the protection of life, property or the environment; and

 (m) to exercise such other powers as are necessary or desirable for the performance of his or her functions.

 (3) If the Chief Fire Control Officer has, under this section, removed a fence or part of a fence, he or she shall cause the fence to be temporarily repaired in an appropriate manner and shall notify the owner without delay.

16  Fire Control Officers

 (1) The Chief Executive Officer may, by written instrument, appoint such number of Fire Control Officers as the Chief Executive Officer thinks fit.

 (2) A Fire Officer holds office until the expiration of the period not exceeding 3 years specified in the instrument of appointment, but is eligible for re‑appointment.

 (3) A Fire Officer may resign office by writing signed by him or her and given to the Chief Executive Officer.

 (4) The Chief Executive Officer may terminate the appointment of a Fire Officer for misbehaviour or physical or mental incapacity.

 (5) In the absence from duty or from Norfolk Island (whether or not on duty) of the Chief Fire Control Officer, a Fire Officer designated by the Chief Fire Control Officer may perform the functions and exercise the powers of the Chief Fire Control Officer.

17  Authorised persons

  The Chief Executive Officer may, by written instrument, appoint a person to be an authorised person for the purposes of this Act.

18  Identification

 (1) The Chief Executive Officer shall issue a certificate of identification to the Chief Fire Control Officer, each Fire Officer and each authorised person.

 (2) The Chief Fire Control Officer, a Fire Officer and an authorised person must, on request, show his or her certificate of identification to the owner where the Chief Fire Control Officer, a Fire Officer or authorised person has entered or seeks to enter land for the purposes of this Act.

19  Powers to enter land and light fires on land

 (1) If:

 (a) a fire is occurring on any land; or

 (b) the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person reasonably suspects that a fire is occurring on any land;

the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer or an authorised person may enter land for the purpose of inspecting, extinguishing, or stopping the progress of, the fire or suspected fire.

 (2) The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer may, for the purpose of stopping the progress of a fire occurring on any land, light other fires on land.

20  Protection of Chief Fire Control Officer, etc

 (1) An action or proceeding, civil or criminal, shall not lie or be continued against the Chief Fire Control Officer, a Fire Officer, a Volunteer Fire Officer, or an authorised person for or in respect of damage or personal injury caused either directly or indirectly by an act or thing done in good faith by him or her in the exercise or performance, or purported exercise or performance, of a power or function under this Act.

 (2) Any damage referred to in subsection 20(1) shall be taken to be damage by fire within the meaning of a policy of insurance against fire covering the property so damaged notwithstanding any clause or condition in the policy.

Part 3—Prevention and control of fires

Division 1—Total fire ban

21  Declaration of a total fire ban

 (1) The Chief Fire Control Officer may declare a total fire ban for a period in an area if the Chief Fire Control Officer is satisfied that it is appropriate to do so to protect life, property or the environment from fire, having regard to:

 (a) the existence or likelihood of severe weather conditions conducive to the outbreak or spread of fire in the area; or

 (b) the likelihood that a fire in the area could get out of control; or

 (c) the number, nature or location of existing fires in the area; or

 (d) insufficient resources being available to extinguish or prevent the outbreak or spread of fire in the area.

Note 1: A total fire ban under this section may be declared in an area that is in a Commonwealth reserve or a public reserve. A total fire ban may also be declared in a Commonwealth reserve under regulation 12.30 of the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).

Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).

 (2) The Chief Fire Control Officer must arrange to have the particulars of the total fire ban broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.

21A  Fires during a total fire ban

 (1) During a total fire ban in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:

 (a) the requirements of subsection (2) or (3); or

 (b) a direction under subsection 25(1); or

 (c) subsection 19(2) (power to light fire on land).

Penalty: 60 penalty units or imprisonment for 2 years, or both.

Requirements for using barbeque or stove during total fire ban

 (2) The requirements of this subsection are:

 (a) the fire must be in a gas or electric barbecue or in a gas or electric stove; and

 (b) the barbecue or stove must:

 (i) be within 20 metres of the person’s residence; and

 (ii) not be in a Commonwealth reserve or a public reserve; and

 (c) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and

 (d) the person must be 18 or older; and

 (e) a supply of running water, or fire fighting equipment, adequate to extinguish a fire must be at hand.

Requirements for using a public barbecue during total fire ban

 (3) The requirements of this subsection are:

 (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and

 (b) the person must be 18 or older; and

 (c) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).

21B  Fire must not be left unattended during total fire ban

  A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a total fire ban in the area.

Penalty: 15 penalty units or imprisonment for 6 months, or both.

21C  Hot works during total fire ban

 (1) During a total fire ban in an area, a person must not undertake any of the following in the area:

 (a) welding;

 (b) soldering;

 (c) grinding;

 (d) gas cutting;

 (e) any other like activity that creates heat or sparks;

except in accordance with:

 (f) the requirements of subsection (2); or

 (g) a direction under subsection 25(1).

Penalty: 60 penalty units or imprisonment for 2 years, or both.

Requirements for undertaking hot works during total fire ban

 (2) The requirements of this subsection are:

 (a) the activity must be undertaken by the person as part of urgent repairs to an essential service; and

 (b) the Chief Fire Control Officer must have been notified that the activity is to be undertaken; and

 (c) fire fighting equipment adequate to extinguish a fire must be at hand.

Division 2—Fire danger period

22  Declaration of fire danger period

 (1) The Chief Fire Control Officer may declare a fire danger period for a period in an area if the Chief Fire Control Officer is satisfied that weather conditions conducive to the outbreak or spread of fire exist, or are likely to exist, in the area.

Note 1: A fire danger period under this section may be declared in an area that is in a Commonwealth reserve or a public reserve.

Note 2: A declaration under this section may be varied or revoked: see subsection 33(3) of the Acts Interpretation Act 1901 (Cth) (applying because of section 8A of the Interpretation Act 1979).

 (2) Before making a declaration under subsection (1), the Chief Fire Control Officer must consult:

 (a) the Norfolk Island Regional Council; and

 (b) if the area is in a Commonwealth reserve—the Director of the Commonwealth reserve.

 (3) The Chief Fire Control Officer must arrange to have the particulars of the fire danger period broadcast, published, or otherwise communicated to the public, in such manner as the Chief Fire Control Officer thinks fit.

 (4) A failure to comply with subsection (2) does not affect the validity of a declaration under this section.

22A  Fires during a fire danger period

 (1) During a fire danger period in an area, a person must not light, use or maintain a fire in the open air in the area except in accordance with:

 (a) the requirements of subsection (2), (3), (4), (5) or (6); or

 (b) a direction under subsection 25(1); or

 (c) subsection 19(2) (power to light fire on land).

Penalty: 30 penalty units or imprisonment for 1 year, or both.

Requirements for using a barbeque or stove during fire danger period

 (2) The requirements of this subsection are:

 (a) the fire must be in a gas or electric barbecue, or in a gas or electric stove, that is not in a Commonwealth reserve or a public reserve; and

 (b) the space immediately around and above the barbecue or stove must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres.

Requirements for using a public barbecue during fire danger period

 (3) The requirements of this subsection are:

 (a) the fire must be in a gas or electric barbecue made available by the Norfolk Island Regional Council for public use; and

 (b) if the barbecue is in a Commonwealth reserve—the barbecue must be used in accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).

Requirements for using a fireplace during fire danger period

 (4) The requirements of this subsection are:

 (a) the fire must be in a properly constructed fireplace:

 (i) that is constructed of a non‑flammable material; and

 (ii) that is capable of containing the perimeter of a fire; and

 (iii) that is not in a Commonwealth reserve or a public reserve; and

 (b) the space immediately around and above the fireplace must be cleared of all flammable, explosive or dangerous material to a distance of at least 2 metres; and

 (c) the fire must be for the purpose of cooking food or heating liquids.

Requirements for using an incinerator during fire danger period

 (5) The requirements of this subsection are:

 (a) the fire must be in a properly constructed incinerator that is designed to prevent the escape of sparks and incandescent material; and

 (b) the incinerator must not be in a Commonwealth reserve or a public reserve.

Requirements for using a permit during fire danger period

 (6) The requirements of this subsection are:

 (a) the person must hold a permit to light, use and maintain a fire in the open air in the area during a fire danger period; and

 (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and

 (c) the fire must not be lit, used or maintained in a Commonwealth reserve or a public reserve; and

 (d) a person who is 18 or older must attend the fire at all times while it is alight.

Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.

Note 2: Owner includes occupier: see section 5.

 (7) Notice for the purposes of paragraph (6)(b) does not have to be in writing.

22B  Fire must not be left unattended during a fire danger period

  A person who lights, uses or maintains a fire in an area must not leave the fire unattended during a fire danger period in the area.

Penalty: 15 penalty units or imprisonment for 6 months, or both.

Division 3—Fires other than during a total fire ban or fire danger period

23  Fires to clear land

 (1) A person must not clear land in an area by burning except in accordance with:

 (a) the requirements of subsection (3); or

 (b) a direction under subsection 25(1); or

 (c) subsection 19(2) (power to light fire on land); or

 (d) the Public Reserves Act 1997 or the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).

Penalty: 30 penalty units or imprisonment for 1 year, or both.

 (2) For the purposes of subsection (1), clearing land includes clearing land to create or maintain a firebreak.

Requirements for using permit to clear land

 (3) The requirements of this subsection are:

 (a) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purposes of clearing land; and

 (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and

 (c) the fire must not be lit, used or maintained in a Commonwealth reserve or a public reserve; and

 (d) a person who is 18 or older must attend the fire at all times while it is alight; and

 (e) the burning must not be undertaken during a total fire ban or fire danger period in the area.

Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.

Note 2: Owner includes occupier: see section 5.

 (4) Notice for the purposes of paragraph (3)(b) does not have to be in writing.

23A  Burning waste

  A person must not burn solid waste (other than green waste) in the open air except in accordance with:

 (a) a direction under subsection 25(1); or

 (b) subsection 19(2) (power to light fires on land); or

 (c) the Public Reserves Act 1997 or the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).

Penalty: 30 penalty units or imprisonment for 1 year, or both.

23B  Burning green waste

 (1) A person must not burn green waste in the open air in an area except in accordance with:

 (a) the requirements in subsection (3) or (5); or

 (b) a direction under subsection 25(1); or

 (c) subsection 19(2) (power to light fire on land); or

 (d) the Public Reserves Act 1997 or the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).

Penalty: 30 penalty units or imprisonment for 1 year, or both.

 (2) Subsection (1) does not prohibit burning green waste for a purpose other than disposing of the waste.

Note: A defendant bears an evidential burden in relation to the matter in this subsection: see section 58 of the Criminal Code 2007.

Requirements for burning green waste other than in an incinerator

 (3) The requirements of this subsection are:

 (a) either:

 (i) the person must hold a permit to light, use and maintain a fire in the open air in the area for the purpose of disposing of green waste; or

 (ii) the volume of green waste burnt must not exceed 4 cubic metres; and

 (b) the person must have taken reasonable steps to give the Chief Fire Control Officer, and each owner of land adjoining the land on which the fire is lit, 24 hours notice that the fire is to be lit; and

 (c) the fire must not be lit, used or maintained in a Commonwealth reserve or a public reserve; and

 (d) a person who is 18 or older must attend the fire at all times while it is alight; and

 (e) the green waste must not be burnt during a total fire ban or fire danger period in the area.

Note 1: If the permit is issued subject to conditions, the person must also comply with the conditions when lighting, using or maintaining the fire. Failure to comply is an offence: see section 26A.

Note 2: Owner includes occupier: see section 5.

 (4) Notice for the purposes of paragraph (3)(b) does not have to be in writing.

Requirements for using an incinerator to burn green waste

 (5) The requirements of this subsection are:

 (a) the green waste must be burnt in a properly constructed incinerator designed to prevent the escape of sparks and incandescent material; and

 (b) the incinerator must not be in a Commonwealth reserve or a public reserve; and

 (c) the green waste must not be burnt during a total fire ban in the area.

Division 4—Obligations relating to fires at all times

24  Uncontrolled fires must be notified and extinguished

  The owner of land must, immediately after becoming aware of an uncontrolled fire on the land, notify the Chief Fire Control Officer of the fire.

Penalty: 15 penalty units or imprisonment for 6 months, or both.

24A  No tampering etc with fire protection or fire prevention equipment

 (1) A person must not tamper with, interfere with or damage:

 (a) fire protection equipment; or

 (b) fire fighting equipment (including a vehicle used for fighting fires).

Penalty: 15 penalty units.

 (2) In subsection (1), tamper with equipment includes removing fuel from a tank or air from tyres.

Division 5—Chief Fire Control Officer Directions

25  Directions to prevent fire or in event of fire

 (1) The Chief Fire Control Officer may direct a person to take such measures (including refraining from taking action) that are reasonable in the circumstances to:

 (a) prevent or inhibit the outbreak and spread of fire on land; or

 (b) protect life, property or the environment from fire on land or spreading from land.

Note: Failure to comply with a direction is an offence: see section 25A.

 (2) The circumstances include the following:

 (a) the amount and type of flammable material, explosive or dangerous material on the land;

 (b) weather conditions affecting the land;

 (c) the location and use of the land and nearby land;

 (d) the possible effect of fire on the land and nearby land;

 (e) the number of people likely to be on the land at any time;

 (f) the risk to public safety or the risk to the safety of people likely to be on the land.

Note: Land includes buildings on the land: see section 5.

 (3) A direction:

 (a) may specify a reasonable period within which a person must take, or refrain from taking, specified action; and

 (b) may specify that a person must refrain from lighting a fire, or must extinguish a fire, even if the person holds a permit to light, use and maintain such a fire.

 (4) A direction may be given:

 (a) in writing; or

 (b) orally, if the Chief Fire Control Officer is satisfied that the circumstances require the direction to be given urgently.

 (5) If a direction is given orally to a person, the Chief Fire Control Officer must:

 (a) make a written record of the direction; and

 (b) give the person the direction in writing within a reasonable period after giving the direction orally.

Direction to light a fire etc. in a Commonwealth reserve is not permitted

 (6) Subsection (1) does not permit the Chief Fire Control Officer to direct a person to light, use or maintain a fire in an area in a Commonwealth reserve.

Review

 (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.

25A  Failure to comply with Direction

  If a person is given a direction under section 25, the person must comply with the direction.

Penalty: 15 penalty units or imprisonment for 6 months, or both.

Part 3A—Permits

26  Permits

 (1) The Chief Fire Control Officer may issue to a person a permit to light, use and maintain a fire in the open air in an area:

 (a) during a fire danger period; or

 (b) for the purposes of clearing land; or

 (c) for the purposes of disposing of green waste.

 (2) A permit may be issued subject to conditions specified in the permit.

Note: There are other requirements that the holder of the permit must comply with when lighting, using or maintaining a fire: see subsections 22A(6), 23(3) and 23B(3).

 (3) A permit may be issued:

 (a) in writing; or

 (b) orally, if the Chief Fire Control Officer is satisfied that the person requires the permit urgently.

 (4) If the permit is issued orally, the Chief Fire Control Officer must:

 (a) make a written record of the issue of the permit; and

 (b) give the person the permit in writing within a reasonable period after issuing the permit orally.

Permit does not permit lighting a fire etc. during a total fire ban

 (5) A permit issued under this section does not permit a person to light, use or maintain a fire in the open air in an area during a total fire ban.

Permit does not permit lighting a fire etc. in a Commonwealth reserve or a public reserve

 (6) A permit issued under this section does not permit a person to light, use or maintain a fire in an area in a Commonwealth reserve or a public reserve.

Review

 (7) Applications may be made to the Administrative Review Tribunal for review of decisions under this section made by the Chief Fire Control Officer.

26A  Conditions of permit must be complied with

  The holder of a permit must comply with the conditions specified in the permit.

Penalty: 30 penalty units or imprisonment for 1 year, or both.

Part 4—Miscellaneous

27  Liability for payment of costs

 (1) A person who is convicted of an offence against this Act is liable for the costs incurred as a result of the offence in extinguishing a fire or restoring fire fighting equipment or fire protection equipment.

 (2) Costs referred to in subsection 27(1) are a debt due and payable by the person to the Administration.

28  Common law rights preserved

  Nothing in this Act shall take away or interfere with the right of a person to sue for and recover, at common law or otherwise, compensation for or in respect of damage or injury caused by reckless or negligent use of fire.

29  Regulations

  The Administrator may make Regulations, not inconsistent with this Act, prescribing all matters —

 (a) required or permitted by this Act to be prescribed; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act,

and in particular may prescribe —

 (c) the method of notification of matters related to prevention of fire;

 (d) places, including reserves, areas and buildings, where smoking is prohibited;

 (e) classification of fire protection equipment and methods of installation;

 (f) penalties, not exceeding 10 penalty units, for a contravention or breach of the Regulations and, where the offence is a continuing offence, the imposition of a penalty not exceeding 5 penalty units for every day on which the offence is committed.

Note: penalty units: see section 12A of the Interpretation Act 1979.

Endnotes

Legislation history

The Fire Control Act 2000 as shown in this consolidation comprises Act No. 15 of 2000 and amendments as indicated in the Tables below.

Note: The amendment history in the Table of Amendments below reflects the amendment of this title by the Norfolk Island Continued Laws Ordinance 2015 (Ord No 2, 2015) incorporating all amendments to the Norfolk Island Continued Laws Ordinance 2015 up to the compilation date. The as amended by information is not referenced in the Table of Amendments but can be seen in the legislation history above.

Table of Amendments