(1) On the outbreak of
a bush fire at a place within or adjacent to the district of a local
government, the bush fire control officers, bush fire brigade officers, or
bush fire brigade members, of the local government, or as many of them as may
be available may, subject to this Act, take charge of the operations for
controlling and extinguishing the bush fire or for preventing the spread or
extension of the fire.
(2) Where a bush fire
to which this section applies occurs, if a bush fire control officer, bush
fire brigade officer, or member of a bush fire brigade, of the local
government in whose district the bush fire is burning is not present at the
fire, a bush fire control officer, a bush fire brigade officer, or member of a
bush fire brigade, of a local government whose district is adjoining or
adjacent, may exercise in respect of the bush fire, all powers and authorities
of a bush fire control officer of the local government in whose district the
fire is burning.
(3) This section
applies only to bush fires which —
(a) have
been lit or are maintained unlawfully; or
(b) have
occurred accidentally; or
(c) have
ceased to be under control or are not adequately controlled; or
(d) are
declared in the regulations to be bush fires to which this section applies.
[Section 39A inserted: No. 35 of 1957 s. 8;
amended: No. 51 of 1979 s. 5; No. 14 of 1996 s. 4.]