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COUNTRY FIRE AUTHORITY ACT 1958 - SECT 30

Powers of officers at fires



S. 30(1) amended by No. 5/2012 s. 16(1).

    (1)     Where the Chief Officer believes on reasonable grounds that there is danger of fire occurring or where a fire is burning or has recently been extinguished anywhere within the country area of Victoria the Chief Officer for the purpose of preventing the occurrence of a fire, of extinguishing or restricting the spread of the fire or of protecting life or property shall have and may exercise the following powers and authorities:

S. 30(1)(a) repealed by No. 8257
s. 7(b).

    *     *     *     *     *

S. 30(1)(b) substituted by No. 6956
s. 7.

        (b)     He shall have the control and direction of—

S. 30(1)(b)(i) amended by No. 9629
s. 6(b).

              (i)     any brigade or brigades present at the scene of the fire; and

S. 30(1)(b)(ii) amended by No. 9629
s. 6(b).

              (ii)     any persons who voluntarily place their services at his disposal either individually or as members of any fire fighting organization (whether established by or for the purposes of a statutory authority or body corporate or not) whilst they remain present at the scene of the fire;

        (c)     He shall have authority either alone or with others under his command to enter upon any land house building or premises and if necessary to force open any outer or inner doors of any house or building which may be on fire or in the near neighbourhood of any fire for the purpose of taking any steps which he deems necessary for any of the purposes aforesaid, and he may take or give directions for taking any apparatus required to be used at a fire into through or upon any land house building or premises which he considers convenient for the purpose;

S. 30(1)(ca) inserted by No. 50/1989
s. 4(2).

        (ca)     The Chief Officer may cause—

              (i)     any vessel, wharf, pier or jetty to be entered upon or into, if necessary with force; and

              (ii)     any necessary apparatus to be taken upon or into any vessel, wharf, pier or jetty;

        (d)     He may take any measures which in the circumstances are reasonable and which appear to him to be necessary or expedient for any of the purposes aforesaid and in particular he may cause any house building or structure to be entered into and taken possession of or pulled down or otherwise destroyed or removed, and any fences to be pulled down or otherwise destroyed or removed, and any undergrowth trees scrub grass stubble weeds or other vegetation to be burnt or otherwise destroyed or removed;

S. 30(1)(e) amended by No. 81/1989
s. 3(Sch. item 7(b)).

        (e)     He may cause water to be shut off from any main pipe channel or other works of water supply in order to obtain greater supply and pressure of water for the purpose of extinguishing the fire and he may enter or give directions for entering any land or premises and may take or cause to be taken water from any waterway, lake, lagoon, bore, dam, tank, main or pipe or other source of water supply whatsoever; and no person or body of persons having the management of any water supply shall be liable to any penalty or claim by reason of any interruption in the supply of water occasioned by any act matter or thing done under this paragraph;

S. 30(1)(f) substituted by No. 8933 s. 3, amended by Nos 9629
s. 6(c)(i)(ii), 2/1995
s. 13(f), substituted by No. 5/2012 s. 16(2).

        (f)     The Chief Officer may close any road or part of any road affected, or likely to be affected, by a fire or smoke from a fire and may direct traffic on any road in the vicinity of the closed road (or closed part of a road);

S. 30(1)(g) amended by No. 9629
s. 6(d), substituted by No. 5/2012 s. 16(2).

        (g)     If a person is interfering, by his or her presence or otherwise, with the operations of any brigade or group of brigades or is in or on any land, building or premises that is burning or threatened by fire, the Chief Officer may—

              (i)     order the person to withdraw and may include in the order a direction to immediately leave any area affected by the fire by the safest and shortest route; and

S. 30(1)(g)(ii) amended by No. 37/2014 s. 10(Sch. item 33.2).

              (ii)     in the event that the person fails or refuses to withdraw—remove the person or direct a member of a fire brigade or a police officer present at the fire to remove the person;

        (h)     He may at any time pull down or shore up any wall or building damaged by fire that may be or may be likely to become dangerous to life or property;

S. 30(1)(i) inserted by No. 50/1989
s. 26(3)(b).

              (i)     The Chief Officer may take such other measures as appear necessary for the protection of life and property.

S. 30(2) inserted by No. 81/1989
s. 3(Sch. item 7(c)).

    (2)     In subsection (1)(e), "bore" has the same meaning as in the Water Act 1989 .

S. 30A inserted by No. 17/2003 s. 3.



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