Tasmanian Bills Clause Notes Tasmanian Bills Clause Notes[Index] [Search] [Download] [Bill] [Help]
1
CLAUSE NOTES
Fire Service Amendment (Bushfire
Prone Areas) Bill 2011
PART 1 - PRELIMINARY
Clause 1: Short title
This provides the short title to be used when citing the Act for any
legal purpose.
Clause 2: Commencement
This Act commences on a day to be proclaimed.
PART 2 FIRE SERVICE ACT 1979 AMENDED
Clause 3: Principal Act
The Principal Act referred to in Part 2 of the Bill is the Fire Service
Act 1979.
Clause 4: Part IVA Accreditation inserted
Clause 4 amends Section 60 of the Principal Act through the
insertion of accreditation and appeals Sub Clauses including:
Sub clause 60(A): defines in the Principal Act that:
"Approved" means that only the Chief Officer of the
Tasmania Fire Service approves the item, and
CA356323
2
"Bushfire Hazard Management Plan" must be submitted
in a format that is approved by the Chief Officer.
CA356323
3
Sub Clause 60(B): Application for accreditation
Sub Clause 60(B) provides for the insertion of clauses
pertaining to accreditation into the Principal Act.
Sub Clause 60(B)(1)(a) authorises a person to apply for
accreditation to certify a Bushfire Hazard Management
Plan as acceptable.
Sub Clause 60(B)(1)(b) authorises a person to apply for
accreditation to certify that there is an insufficient
increase in risk to the property to warrant specific
protection measures.
Sub Clause 60(B)(2)(a) ensures that the application for
accreditation is in a form that is approved by the Chief
Officer.
Sub Clause 60(B)(2)(b) provides for the charging of a
fee for accreditation. The fee is similar in structure and
purpose to the one currently used by the Tasmania Fire
Service for the accreditation of fire system installers, in
that it provides for administration of the accreditation.
Section 8A of the Act already authorises the State Fire
Commission to charge for services.
Sub Clause 60(B)(3)(a) allows the Chief Officer to
request further information relating to the qualification,
competency, insurance or experience of the applicant
prior to accreditation.
Sub Clause 60(B)(3)(c) allows the Chief Officer to
require information provided by an applicant to be
verified by statutory declaration.
Sub Clause 60(C): Requirements for accreditation
Sub Clause 60(C)(a) requires the Chief Officer to
approve or reject an application for accreditation on
the evidence of the applicant's capacity and
CA356323
4
competence to write and accredit bush fire hazard
management plans. This requirement is in addition to
evidence of qualifications and compliance with other
requirements (see Sub Clause 60(C)(b), (c) and (d).
CA356323
5
Sub Clause 60(C)(b) provides the Chief Officer with the
authority to accredit persons who have met the
requirements of Sub Clause 60C(a) and have a
prescribed qualification in bush fire planning and
mitigation or has satisfactorily completed a prescribed
course as part of a broader qualification.
Sub clause 60(C)(c) provides the Chief Officer with the
authority to accredit persons who have met the
requirements of Sub Clause 60C(a & b), if they have
insurance coverage. The required insurance coverage
will be set by the Chief Officer and will vary depending
on the level of accreditation sought by the person.
Sub clause 60(C)(d) allows the Chief Officer to approve
the requirements to demonstrate the capacity and
competence, used in the accreditation process.
Sub Clause 60(D): Determination of application
Sub Clause 60(D) outlines the process for the assessment of
the application for accreditation by the Chief Officer.
Sub Clause 60(D)(1)(a) allows the Chief Officer to grant
an application for accreditation allowing conditions or
restrictions to be placed on the accreditation. The
restriction may, for example, take the form of limiting
the area of practice, such as to the North West, or
requiring plans to undergo peer review for a period of
time.
Sub Clause 60(D)(1)(b) allows the Chief Officer to refuse
the granting of an application for accreditation if the
requirements are not met.
Sub Clause 60(D)(2) requires the Chief Officer to
provide an applicant who has been refused an
application for accreditation, a written explanation of
why the refusal has been given.
CA356323
6
Sub Clause 60(D)(3)(a) defines the relevant period for
providing the applicant with advice of a refusal to
grant an application to be within three months of the
receipt of an application.
Sub Clause 60(D)(3)(b) allows the relevant period to
restart from the receipt of any additional information
requested by the Chief Officer.
Sub Clause 60(E): Prescribed conditions and restrictions
Sub Clause 60(E) ensures that conditions or restrictions
placed on an accreditation are binding.
Sub Clause 60(F): Breach of condition or restriction
Sub Clause 60(F) prescribes the penalty for a person that fails
to practice within the conditions and restrictions placed on
their accreditation.
Sub Clause 60(F)(a) provides a mechanism to fine an
incorporated body.
Sub Clause 60(F)(b) provides for the fining of a person
who holds an accreditation.
Sub Clause 60(G): Surrender, revocation or suspension of
accreditation
Sub Clause 60(G)(1) allows accredited persons to
surrender their accreditation at any point in time.
Sub Clause 60(G)(2)(a) provides the Chief Officer with
the authority to suspend or revoke an accreditation if
the Chief Officer considers that the person is no longer
competent.
Sub Clause 60(G)(2)(b) provides the Chief Officer with
the authority to suspend or revoke an accreditation if it
is deemed that the person does not meet the
CA356323
7
requirements of Sub Clause 60(C) including the
competence and capacity to certify a Bushfire Hazard
Management Plan, approved qualifications and or
capacity to meet other requirements approved for the
purposes of the section.
Sub Clause 60(G)(3)(a) provides the Chief Officer with
the authority to suspend an accreditation for a set
period of time.
Sub Clause 60(G)(3)(b) provides the Chief Officer with
the authority to suspend an accreditation as a whole or
in part either immediately or from a nominated date.
Sub Clause 60(G)(3)(c) provides the Chief Officer with
the authority to impose conditions or restrictions on the
practice of an accredited person.
Sub Clause 60(G)(3)(d) provides the Chief Officer with
the authority to vary the conditions or restrictions under
which an accreditation has been granted.
Sub Clause 60(G)(4) allows the Chief Officer when
revoking an accreditation to specify the period of time
that the person cannot reapply for accreditation.
Sub Clause 60(G)(5)(a)(i) requires the Chief Officer to
notify any person whose accreditation is under
consideration of being revoking (under Sub Clause
60(H)(2)and (3)) of the reasons for this before a decision
is made.
Sub Clause 60(G)(5)(a)(ii) provides a 28 day period as a
minimum for the person under review to provide cause
for why their accreditation should not be revoked. The
Chief Officer can provide more than 28 days.
Sub Clause 60(G)(5)(b) requires the Chief Officer to
consider any representations made within the review
period.
CA356323
8
Sub Clause 60(G)(6)(a) the Chief Officer must provide
reasons for the revoking or suspension of an
accreditation as part of the notice.
Sub Clause 60(G)(6)(b) the Chief Officer must provide
information about the right of appeal as part of the
notice.
Sub Clause 60(G)(7) the Chief Officer may withdraw a
suspension in writing. However, if an accreditation is
revoked a further application must be submitted.
Sub Clause 60(G)(8), suspends the accreditation of a
person as soon as they do not have insurance
coverage, while allowing them to regain accreditation
once a new coverage is taken up. This provides for
accredited persons whose workplace holds the
insurance to change work without having to reapply for
accreditation, while allowing their accreditation to
automatically be suspended and reinstated.
Sub Clause 60(H): Accreditation cannot be transferred or
assigned
Sub Clause 60(H)(1)(a) an accreditation only applies to
a person, not an organisation.
Sub Clause 60(H)(1)(b) an accreditation cannot be
transferred to another person.
Sub Clause 60(H)(1)(c) an accreditation only applies to
the person it is issued to.
Sub Clause 60(H)(2) stops the transfer of responsibility of
any portion of the accreditation to another person.
Sub Clause 60(H)(3) states that this section overrides
any other law or section in any Act.
Sub Clause 60(I): Appeals
CA356323
9
Sub Clause 60(I)(1) allows an accredited person to
request the Chief Officer to review any decision made
in relation to their accreditation that involves a refusal,
revocation or suspension of the accreditation.
Sub Clause 60(I)(2) provides an accredited person with
the right to appeal any decision made by the Chief
Officer under Section 1, to the Magistrates Court
(Administrative Appeals Division).
PART 3 - LAND USE PLANNING AND APPROVALS ACT 1993 -
AMENDMENTS
Clause 5: Principal Act
This clause states that the Land Use Planning and Approvals
Act 1993 is referred to as the Principle Act in Part 3 of the
amendment.
Clause 6: Section 3 amended (interpretation)
Section 3(1)(a) inserts a definition for an "Accredited Person"
after the definition for "Agreement". The definition
accommodates a person accredited under the Fire Service
Act 1979 or any other prescribed legislation. The inclusion of
`any other prescribed legislation' allows this approach to be
adopted for other hazards if considered appropriate.
Section 3(1)(b) inserts definitions for "Bushfire Hazard
Management Plan" and "Chief Officer" after the definition
for "Building".
CA356323
10
Clause 7: Section 51 amended (Permits)
Section 51(2)(a) amends a portion of the wording in Section
51(2)(c) of the Principal Act from "Section 57(5)." to Section
57(5); and". This allows the addition of Section 51(2)(d).
Section 51(2)(b)(d)(i) inserted after paragraph (c) is a
paragraph that requires planning authorities to accept a
Bushfire Hazard Management Plan without alteration if the
plan has been certified by an accredited person or
prescribed agency. A prescribed hazard management plan
and agency will be defined under the regulations when they
are required.
Section 51(2)(b)(d)(ii) requires planning authorities to accept
a certificate stating that the proposed development does
not represent a increase in risk, and does not require a
hazard management plan.
Clause 8: Part 4, Division 5 Heading amended
A change in the heading of this division to include
Compensation and protection from liability, reflecting the
amended contents of this division.
Clause 9: Section 69(A) Protection from liability in respect of
bushfire hazard management plans, &c inserted
Section 69(A)(a) is inserted after Section 69, stating that a
planning authority does not incur any liability relating to a
environmental or natural hazard management plan that has
been certified by an accredited person.
Section 69(A)(b) is inserted after Section 69A(a) stating that a
planning authority does not incur any liability if a certificate is
issued stating that the development does not increase the
risk to the property.
CA356323
11
PART 4 - REPEAL OF ACT
Clause 10: Repeal
Once the Act has commenced and the amendments are
incorporated into the Principal Acts, the "shell" of the Act -
the Long Title, Short Title and Commencement, will be
removed from the legislative database.
CA356323