(1) In this
regulation, each of the following terms has the meaning given in the
Fire and Emergency Services Act 1998 section 3 —
assistance operation
incident
rescue operation
search and rescue operation
(2) An activity is an
activity for the purposes of section 22B(4) of the Act if —
(a) the
activity is hot work (other than rail grinding) or off‑road activity
that in either case is carried out to —
(i)
protect and save life and property endangered by
incidents; or
(ii)
render safe the sites of incidents; or
(iii)
carry out rescue operations, search and rescue
operations, or assistance operations;
and
(b) the
person carrying out the activity —
(i)
is a police officer; or
(ii)
is a bush fire liaison officer designated under
section 12(2) of the Act; or
(iii)
is an authorised person as defined in section 14B(1)
of the Act; or
(iv)
is an authorised officer or hazard management officer as
defined in the Emergency Management Act 2005 section 3; or
(v)
carries it out because of a direction from a person
mentioned in subparagraph (ii) to (iv); or
(vi)
is operational staff engaged under the
Fire and Emergency Services Act 1998 section 20(2); or
(vii)
is engaging in volunteer activities as defined in the
Fire and Emergency Services Act 1998 section 36ZM;
and
(c) the
person carrying out the activity has taken all reasonable precautions to
prevent the activity from creating a bush fire danger.
[Regulation 24DA inserted: SL 2021/10
r. 6.]
[Heading inserted: Gazette 5 Nov 2019
p. 3884.]