South Australian Numbered Acts

FIRE AND EMERGENCY SERVICES ACT 2005 (NO 40 OF 2005) - SECT 94

94—Failure by a council to exercise statutory powers

        (1)         If, in the opinion of the Chief Officer, a council fails to exercise or discharge any of its powers or functions under this Division, the Chief Officer may take such action as appears necessary on account of that failure.

        (2)         Without limiting the generality of subsection (1), the Chief Officer may recommend to the Minister that the powers and functions of the council under this Part be withdrawn.

        (3)         Before taking action under subsection (2), the Chief Officer must consult with the council in relation to the matter.

        (4)         If the Chief Officer makes a recommendation to the Minister under subsection (2)—

            (a)         the Minister must give the council a reasonable opportunity to make written submissions to the Minister in relation to the matter; and

            (b)         if the council so requests at the time that it makes such written submissions—the Minister must discuss the matter with a delegation representing the council; and

            (c)         the Minister must consult with the South Australian Bushfire Prevention Advisory Committee in relation to the matter.

        (5)         If, after complying with subsection (4), the Minister is satisfied that it is appropriate to do so, the Minister may, by notice in the Gazette, withdraw the powers and functions of the council and vest them in an officer of SACFS nominated by the Chief Officer.

        (6)         The Minister must, within 14 days of publishing a notice under subsection (5), furnish the council with written reasons for his or her decision.

        (7)         The Minister may, by subsequent notice in the Gazette made on the recommendation of the Chief Officer—

            (a)         appoint another officer of SACFS in substitution for an officer previously appointed under this section;

            (b)         revoke the notice that withdrew the council's powers and functions.

        (8)         Any expenses reasonably incurred by an officer of SACFS in exercising or discharging powers and functions vested under this section may be recovered as a debt due to the SACFS from the council in a court of competent jurisdiction.