Country Fire Authority (Forestry Industry Brigades) Regulations 1998

i Country Fire Authority (Forestry Industry Brigades) Regulations 1998 S.R. No. 161/1998 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Principal Regulations 1 5. Definitions 2 6. New Part 4A inserted 2 PART 4A—INDUSTRY BRIGADES 2 84A. Plantation holdings of relevant owner 2 84B. Designation of areas 2 84C. Criteria for formation of forestry industry brigades 4 84D. Requirement for formation of forestry industry brigade 5 84E. Minimum requirements for apparatus 6 84F. Application for registration of a forestry industry brigade 8 84G. Responsibilities of forestry industry brigade 8 84H. Operation of a forestry industry brigade 8 84I. Training 9 84J. Cancellation of forestry industry brigade 10 84K. Certain regulations not to apply to industry brigades 10 ═══════════════ NOTES 11 -- 1 of 12 -- 1 STATUTORY RULES 1998 S.R. No. 161/1998 Country Fire Authority Act 1958 Country Fire Authority (Forestry Industry Brigades) Regulations 1998 The Governor in Council makes the following Regulations: Dated: 8 December 1998 Responsible Minister: BILL McGRATH Minister for Police and Emergency Services SHARNE BRYAN Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Country Fire Authority Regulations 1992 to provide for the establishment and operation of forestry industry brigades. 2. Authorising provision These Regulations are made under sections 23AA and 110 of the Country Fire Authority Act 1958. 3. Commencement These Regulations come into operation on 1 January 1999. 4. Principal Regulations -- 2 of 12 -- S.R. No. 161/1998 Country Fire Authority (Forestry Industry Brigades) Regulations 1998 2 In these Regulations the Country Fire Authority Regulations 1992 1 are called the Principal Regulations. 5. Definitions In regulation 6 of the Principal Regulations insert— ' "forestry industry brigade" means an industry brigade in the forestry industry; "mobile fire fighting unit" means a vehicle suitably equipped for enabling an industry brigade to respond to and fight a fire; "plantation holdings" means land which is used primarily for tree farming or forestry purposes.'. 6. New Part 4A inserted After Part 4 of the Principal Regulations insert— "PART 4A—INDUSTRY BRIGADES 84A. Plantation holdings of relevant owner In this Part a reference to the plantation holdings of a relevant owner is a reference to plantation holdings leased or occupied by the relevant owner or of which the relevant owner is the forest property owner. 84B. Designation of areas (1) In designating an area for the formation of a forestry industry brigade, the Authority must— (a) determine a point which is to be the central point of the proposed area; and (b) ensure that the land in the designated area— -- 3 of 12 -- S.R. No. 161/1998 Country Fire Authority (Forestry Industry Brigades) Regulations 1998 3 (i) is within a radius of 25 kilometres of that central point; or (ii) is a plantation holding which is contiguous with a plantation holding within a radius of 25 kilometres of that central point. (2) Before designating an area for the formation of a forestry industry brigade, the Authority must consider the following matters— (a) the size, location, topography, number and dispersion of plantation holdings in the area; (b) the characteristics of the area, including— (i) the location of roads; (ii) the existing fire suppression capacity; (iii) the past incidence of fire; (iv) the risk posed by fire to plantation holdings and the community. (3) Before designating an area for the formation of a forestry industry brigade, the Authority must consult with a committee appointed by the Minister on the proposal to designate the area and the matters set out in sub-regulation (2). (4) The committee must consist of— (a) at least one person experienced in the forestry industry; and (b) at least one person experienced in fire fighting in rural Victoria; and (c) at least one person from the Department of Justice. r. 6 -- 4 of 12 -- S.R. No. 161/1998 Country Fire Authority (Forestry Industry Brigades) Regulations 1998 4 (5) At least 30 days before designating an area for the formation of a forestry industry brigade, the Authority must give all relevant owners of land in the area a notice— (a) specifying the reasons for the decision to designate the area; and (b) identifying in a map form the area to be designated. (6) The Authority must keep a register of designated areas for forestry industry brigades available for public inspection during business hours at its head office. 84C. Criteria for formation of forestry industry brigades (1) The Authority must have regard to the criteria under this regulation in determining whether to require a relevant owner to form a forestry industry brigade for a designated area. (2) If the aggregate plantation holdings of the relevant owner in the designated area are 10 000 hectares or more, the Authority must be satisfied that there is no other forestry industry brigade in another designated area which is able to provide adequate services for the suppression of fires in the designated area. (3) If the aggregate plantation holdings of a relevant owner or group of relevant owners in the designated area are less than 10 000 hectares, the Authority must be satisfied that— (a) the aggregate plantation holdings of the relevant owner are 500 hectares or more; and r. 6 -- 5 of 12 -- S.R. No. 161/1998 Country Fire Authority (Forestry Industry Brigades) Regulations 1998 5 (b) there is no other forestry industry brigade in another designated area which is willing or able to provide adequate service for the control and suppression of fires in the designated area; and (c) the formation of the forestry industry brigade is appropriate having regard to— (i) the adequacy of existing fire detection systems; and (ii) the first attack capability of the proposed brigade or brigades; and (iii) the existing equipment available for fire suppression in the designated area; and (iv) the availability of competent persons to become members of the brigade; and (v) the fire suppression capacity of any other brigade in the designated area; and (vi) the fire hazard characteristics of the designated area. 84D. Requirement for formation of forestry industry brigade (1) A requirement by the Authority under section 23AA(2) of the Act must— (a) be in writing; and (b) state the reasons why the requirement to form the brigade has been made; and (c) state the officers and members which the Authority has determined are to be r. 6 -- 6 of 12 -- S.R. No. 161/1998 Country Fire Authority (Forestry Industry Brigades) Regulations 1998 6 provided for the brigade at the expense of the relevant owner or relevant owners; and (d) state the apparatus for the suppression of fires which the Authority has determined is to be provided for the brigade at the expense of the relevant owner or relevant owners; and (e) state the operational and administrative requirements required by the Authority; and (f) state that the relevant owner may apply to the Victorian Civil and Administrative Tribunal under section 23AA(4) of the Act for review of the requirement to form the brigade; and (g) state that the relevant owner must apply to the Authority for registration of the forestry industry brigade. (2) The Authority must consult with the relevant owner or group of relevant owners before determining the officers, members and apparatus to be provided for a forestry industry brigade. (3) A requirement under section 23AA(2) of the Act must be served on the relevant owner or each relevant owner in the group of relevant owners to whom the requirement is directed. 84E. Minimum requirements for apparatus (1) The minimum requirement for apparatus for a forestry industry brigade to be determined by the Authority under section 23AA of the Act is, in relation to a relevant owner to r. 6 r. 6 -- 7 of 12 -- S.R. No. 161/1998 Country Fire Authority (Forestry Industry Brigades) Regulations 1998 7 whom regulation 84C(2) applies, one mobile firefighting unit— (a) which is capable of traversing all roads and tracks in the designated area; and (b) which has a minimum water carrying capacity of 2500 litres; and (c) which is equipped with at least 30 metres of 19 millimetre hose connected to a firefighting nozzle and a pump of at least 5 horsepower. (2) The minimum requirement for apparatus for a forestry industry brigade to be determined by the Authority under section 23AA of the Act is, in relation to a relevant owner or group of owners to whom regulation 84C(3) applies, one or more mobile firefighting units— (a) which are capable of traversing all roads and tracks in the designated area; and (b) which have a minimum aggregate water carrying capacity of 800 litres; and (c) which are equipped with at least 30 metres of 19 millimetre hose connected to a firefighting nozzle and a pump of at least 5 horsepower. (3) In determining the apparatus to be provided for fire suppression under section 23AA of the Act, the Authority must have regard to— (a) the minimum requirements set out in sub-regulations (1) and (2); and (b) the criteria set out in regulation 84C(3). -- 8 of 12 -- S.R. No. 161/1998 Country Fire Authority (Forestry Industry Brigades) Regulations 1998 8 84F. Application for registration of a forestry industry brigade An application under section 23AA of the Act for registration of a forestry industry brigade must provide the following information— (a) the name of the person engaged or employed by the relevant owner who is proposed for appointment as the officer in charge of the brigade; and (b) the names of the persons engaged or employed by the relevant owner who are proposed for appointment as officers and members of the brigade; and (c) a list of the apparatus to be used by the brigade in the suppression of fires. 84G. Responsibilities of forestry industry brigade A forestry industry brigade is responsible only for fire suppression on plantation holdings of the relevant owner or group of relevant owners who formed the brigade. 84H. Operation of a forestry industry brigade (1) The relevant owner, or group of relevant owners, in relation to a forestry industry brigade— (a) is responsible for the operation and command of the forestry industry brigade in relation to the plantation holdings of the relevant owner or owners; and (b) must ensure that all apparatus and equipment of the forestry industry r. 6 -- 9 of 12 -- S.R. No. 161/1998 Country Fire Authority (Forestry Industry Brigades) Regulations 1998 9 brigade is maintained in operational order; and (c) may respond to calls to assist other brigades attending fires beyond the plantation holdings. (2) If a fire is detected in part of the designated area for which a forestry industry brigade is responsible, the officer in charge of the brigade must ensure that— (a) the nearest group of brigades is informed of the fire; and (b) regular situation reports of fire suppression activities by the brigade are provided to the Chief Officer or the officer exercising the powers of the Chief Officer; and (c) a fire incident report in a form approved by the Authority and such additional information as may be requested by the Authority is submitted to the Authority in the manner required by the Authority at the conclusion of the fire incident. 84I. Training (1) The Chief Officer must determine training requirements that are appropriate for officers and members of forestry industry brigades. (2) The training requirements determined by the Chief Officer under sub-regulation (1) must not be greater than the training requirements determined under regulation 69 for members operating in forest areas. (3) An officer or member of a forestry industry brigade must comply with the training r. 6 -- 10 of 12 -- S.R. No. 161/1998 Country Fire Authority (Forestry Industry Brigades) Regulations 1998 10 requirements applicable to that officer or member. 84J. Cancellation of forestry industry brigade If the Authority decides to cancel the registration of a forestry industry brigade it must notify each relevant owner of the decision, the reasons for the decision and the date from which the decision takes effect. 84K. Certain regulations not to apply to industry brigades Parts 3 and 4 (except regulations 37 and 39) do not apply to forestry industry brigades.". ═══════════════ r. 6 -- 11 of 12 -- S.R. No. 161/1998 Country Fire Authority (Forestry Industry Brigades) Regulations 1998 11 NOTES 1 Reg. 4: S.R. No. 180/1992. Reprint No. 1 as at 5 February 1998. Notes -- 12 of 12 --