New South Wales Consolidated Acts

FIRE AND RESCUE NSW ACT 1989 - SECT 3

3 Definitions

(1) In this Act--

"Commissioner" means the person employed in the Public Service as the Commissioner of Fire and Rescue NSW.

"community fire unit" means a community fire unit established under section 74B.

"Council" means the New South Wales Fire Brigades Advisory Council constituted by this Act.

"fire brigade" means a permanent fire brigade or a retained fire brigade, but does not include a rural fire brigade.

"fire district" means an area constituted as a fire district under section 5.

"flammable matter" includes--

(a) any substance capable of ignition or combustion by the application of heat, by means of sparks or spontaneously, and

(b) any substance prescribed as flammable for the purposes of this definition.

"hazardous material" means anything that, when produced, stored, moved, used or otherwise dealt with without adequate safeguards to prevent it from escaping, may cause injury or death or damage to property.

"hazardous material incident" means an actual or impending land-based spillage or other escape of hazardous material that causes or threatens to cause injury or death or damage to property.

"local government area" has the same meaning as
"area" has in the Local Government Act 1993 .

"officer in charge" , in relation to a place at which a fire brigade is present, means the Commissioner or, if the Commissioner is absent--

(a) the person for the time being in charge of any members of a permanent fire brigade present at that place, or

(b) if no members of a permanent fire brigade are present, the person for the time being in charge of any members of a retained fire brigade present at that place.

"owner" , in relation to land or a building, means--

(a) any person for the time being in actual receipt of, or entitled to receive, the rents and profits of the land or building, or

(b) any person who, if the land or building were let to a tenant, would be entitled to receive the rents and profits of it,

whether as beneficial owner, trustee, executor, mortgagee in possession, or as agent or attorney for any other person, or otherwise.

"permanent fire brigade" means a permanent fire brigade established and maintained by the Commissioner, the services of whose members are wholly at the disposal of the Commissioner.

"policy of insurance" includes--

(a) any certificate or declaration as to the existence of, and any agreement for, any insurance, or

(b) any instrument in writing by which any contract of insurance is made or agreed to be made or is evidenced,

but does not include a policy of reinsurance.

"prescribed waters" means--

(a) coastal waters of the State, within the meaning of Part 10 of the Interpretation Act 1987 , and

(b) waters within the limits of the State prescribed as the boundaries of a port under section 105 of the Ports and Maritime Administration Act 1995 , and

(c) other waters within the limits of the State prescribed by the regulations for the purposes of this definition.

"retained fire brigade" means an association of persons for which an approval as a retained fire brigade is in force under section 9, but does not include a rural fire brigade.

"vessel" means any ship, barge, punt, boat or other floating vessel used wholly or partly for storing or carrying goods or for carrying passengers.

Note--: The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) In this Act--

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

(3) Notes included in this Act (Schedule 1 excepted) do not form part of this Act.