Fire Brigades Act Amendment Act 1959 (WA)

1959.] Fire Brigades. [No. 34.

FIRE BRIGADES.

8° Elizabeth II., No. XXXIV.

No. 34 of 1959.

AN ACT to amend the Fire Brigades Act, 1942-1951.

[Assented to 30th October, 1959.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the Fire Brigades	and citation.-
Short title

Act Amendment Act, 1959.

(2) In this Act the Fire Brigades Act, 1942-1951,

is referred to as the principal Act.

(3) The principal Act as amended by this Act

may be cited as the Fire Brigades Act, 1942-1959.

No. 34.] Fire Brigades. [1959.

18. 5

amended. 2. Section five of the principal Act is amended

(a) by repealing subsection (1) and re-enacting

it as follows

(1) Subject to the provisions of sub- section (2) of this section, the municipal and road districts and parts thereof constituted as fire districts prior to the coming into operation of the Fire Brigades Act Amendment Act, 1959, as set out in the Second Schedule to this Act, are for the purposes of this Act fire districts under the respective names as set out in the Schedule.

(2) For the purposes of this Act the Governor may from time to time, by order in council

(a)	constitute the district or a part of the district of any other local authority, a fire district;
(b)	constitute as a fire district, any portion of a district of a local authority which after the coming into operation of the Fire Brigades Act Amendment Act, 1959, is not a fire district;
(c)	subject to subsection (5) of this section, unite any two or more fire districts the areas of which are contiguous, into one fire district;
(d)	adjust the boundaries of a fire district;

(e) abolish a fire district;

(f)	assign a name to, or alter the name of a fire district;
(g)	include or remove, as the case may be, the name of a fire district or local authority in or from Part II., III., or IV. of the Second Schedule; and

1959.] Fire Brigades. [No. 34.

(h) transfer the name of a fire district from one Part to another Part of the Second Schedule.

An order in council made pursuant

to the provisions of this section may from

time to time be varied or cancelled.

(3)

(4) The municipal and road districts mentioned in Parts I. and II. of the Second Schedule are united into one fire district under the name of the Metro- politan Fire District.

Before an order is made under the provisions of paragraph (c) of subsection (2) of this section, the Minister on behalf of the Governor shall give to the local authorities whose districts or portion thereof are to be the subject of the order, at least thirty days' notice of intention to make the order. ; and

(5)

(b) by substituting for the subsection designa- tion, "(2)" the subsection designation, "(6)".

3. Section eight of the principal Act is amended— 2 Liended.

(a)	by adding after the section designation, "8", the subsection designation, "(1)"; and
(b)	by adding a subsection as follows

(2) (a) Where a question or dispute arises as to the regularity or validity of an election held under the provisions of this Act or the voting at the election, the Minister shall appoint a stipendiary magistrate to determine in the manner prescribed the question or dispute.

No. 34.] Fire Brigades. [1959.

(b) The determination of the magis-

trate is final.

S. 17

amended.	4. Section seventeen of the principal Act is amended by substituting for subsection (1) the following
Remunera-

tion of	(1) (a) A member of the Board is entitled to receive out of the funds of the Board, such remuneration for his services as the Minister, in respect of each member, approves.
Board
members.
(b) The total amount paid to the members of the Board as remuneration for their services, shall not exceed in any one year the sum of thirteen hundred pounds.
S. 25A

added. 5. The principal Act is amended by adding after

section twenty-five, a section as follows-

Board

may require	25A. (1) The Board may by notice in writing
certain fire

fighting

addressed to the owner or occupier of any

appliances.

premises direct him to instal and provide within

the time specified in the notice, such

(a)

water taps, water pipes, connections, fittings and equipment in respect thereof; and

(b)

equipment, apparatus or appliances for

the purpose of-

(i)   preventing the outbreak of or extinguishing fire; or

(ii)

preventing injury or damage to

persons or property by fire;

in or upon the premises and in such positions

as the Board directs in the notice.

1959.] Fire Brigades. [No. 34.

(2) In this section the expression, "premises" does not include premises which consist of a private dwelling house designed for the use and occupation of one family.

The occupier of the premises shall keep and maintain in good working order and fit for immediate use any equipment, apparatus, appliances, taps, pipes or connections installed on the premises under the provisions of this section.

(3)

Appeal

(4)

(a) A person who is aggrieved by a direction of the Board may within twenty-one

against

direction

of Board.

days of the receipt by him of the notice appeal in manner prescribed against the direction to a Judge of the Supreme Court or a Court of Petty Sessions held nearest to the premises referred to in the direction, on the ground that the things directed to be installed and provided in or upon the premises are not reasonably required by the Board for any of the purposes referred to in paragraph (b) of subsection (1) of this section.

(b)

On the hearing of the appeal the Judge or Stipendiary Magistrate as the case may be may confirm, vary or cancel the direction and effect shall be given to the decision of the Judge or Stipendiary Magistrate as the case may be.

(c)

A Court of Petty Sessions hearing an

appeal under this subsection shall consist of a

Stipendiary Magistrate.

(d) Costs of the hearing shall be at the discretion of the Court.

No. 34.] Fire Brigades. [1959.

S. 35

amended. 6. Section thirty-five of the principal Act is

amended

(a)	by deleting paragraphs (c) and (n); and
(b)	by adding after the word, "elections" in paragraph (t), the words, "and prescribing the manner in which a question or dispute arising out of an election may be determined under the provisions of section eight of this Act".

S. 37

amended. 7. Section thirty-seven of the principal Act is

amended by adding after the word, "districts" in line one of paragraph (b) of subsection (1), the words, "or portions thereof".

S. 46

amended.	8. Subsection (2) of section forty-six of the principal Act is amended by deleting the words, "at a rate not to exceed six and a half per centum per annum" in lines three and four.
S. 65

amended. 9. Subsection (1) of section sixty-five of the

principal Act is repealed and re-enacted as follows

(1) (a) Where within a district a fire

occurs in or on

uninsured premises or uninsured property,

uninsured vacant land,

1959.] Fire Brigades. [No. 34.

an uninsured crop, grass, scrub, stubble or any other vegetable matter whether of the same class or kind as the class or kind before enumerated or not and whether it is alive or dead or standing or not,

whether or not the same is insurable; or

in or on any rubbish, refuse or waste matter,

if the fire is attended by a Brigade which is

under the control of the Board,

the owner of the premises or property;

the owner of the vacant land;

the occupier of the land upon which the crop, grass, scrub, stubble or vegetable matter is situate;

the occupier of the land upon which the rubbish, refuse or waste matter is situate,

as the case may be, is liable to pay to the Board for the attendance of the Brigade at the fire, an amount to be determined by the Board but not exceeding the fees and charges set out in the Third Schedule to this Act.

(b) For the purposes of this section-

(i)    "uninsured" means not insured against damage by fire by one of the insurance companies contributing under the provisions of section thirty-seven of this Act;

(ii)    "occupier" in relation to land means the person in or entitled to possession of the land.

10. The principal Act is amended by substituting 2=11,

for the Second Schedule the following— amended.

No. 34.] Fire Brigades. [1959.

THE SECOND SCHEDULE.

Fire District. Municipal or Road District.

PART I.

Metropolitan Fire District City of Perth.

PART II.

Metropolitan Fire District Municipal District of Clare-

mont.

Municipal District of Cot-

tesloe.

Municipal District of East

Fremantle.

Municipal District of Fre-

mantle.

Municipal District of Guild-

ford.

Municipal District of Mid-

land Junction.

Municipal District of Ned-

lands.

Municipal District of North

Fremantle.

Municipal District of South

Perth.

Municipal District of Subi-

aco.

Road District of Bassen-

dean.

Road District of Bayswater.

Road District of Belmont.

Road District of Canning.

Road District of Gosnells.

Road District of Melville.

Road District of Mosman

Park.

Road District of Mundar-

ing.

Road District of Peppermint

Grove.

Road District of Perth. Road District of Swan.

PART III.

Kalgoorlie - Boulder Fire Municipal District of Boul-

District (United Fire Dis- der.

trict) (see Order in Coun- Municipal District of Kal-

cil, Government Gazette, goorlie.

4/6/1943) Road District of Kalgoorlie.

1959.] Fire Brigades. [No. 34.

Fire District. Municipal or Road District.

Coolgardie Fire District (see Order in Council, Govern- Road District of Coolgardie.

ment Gazette, 4/6/1943)

Cue Fire District (see Order in Council, Government Road District of Cue.

Gazette, 4/6/1943)

Norseman Fire District (see Order in Council, Govern- Road District of Dundas.

ment Gazette, 4/6/1943)

Leonora Fire District (see Order in Council, Govern- Road District of Leonora.

ment Gazette, 4/6/1943,

as amended by Order in Council, Government

Gazette, 24/11/1944)

Meekatharra Fire District (see Order in Council, Road District of Meeka-

tharra.

Government Gazette,

4/6/1943, as amended by Order in Council, Govern-

ment Gazette, 24/11/1944)

Southern Cross Fire District

(see Order in Council,

Government Gazette,

4/6/1943) Road District of Yilgarn.

Bullfinch Fire District (see

Order in Council, Govern-

ment Gazette, 30/11/1951)

PART IV.

Albany Fire District Municipal District of Al-

bany.

Bunbury Fire District (see Order in Council, Govern- Municipal District of Sun-

bury.

ment Gazette, 25/7/1958) Geraldton Fire District (see Municipal District of Ger-

Order in Council, Govern-	aldton.
ment Gazette, 3/2/1956)

Narrogin Fire District Municipal District of Nar-

rogin.

Northam Fire District . Municipal District of Nor-

tham.

Wagin Fire District	Municipal District of Wagin.
York Fire District ..	Municipal District of York.
Margaret River Fire District (see Order in Council,	Road District of Augusta-

Margaret River.

Government Gazette,

24/11/1950)

No. 34.] Fire Brigades. [1959.

Fire District. Municipal or Road District.

Beverley Fire District (see Road District of Beverley.

Order in Council, Govern-

ment Gazette, 4/6/1943)

Bridgetown Fire District Road District of Bridge-

(see Order in Council,	town.
Government Gazette,
24/11/1950)

Brookton Fire District (see Road District of Brookton.

Order in Council, Govern-

ment Gazette, 4/6/1943)

Busselton Fire District (see Road District of Busselton.

Order in Council, Govern-

ment Gazette, 11/7/1958)

Collie Fire District . . Road District of Collie Coal-

fields.

Cunderdin Fire District (see Road District of Cunderdin.

Order in Council, Govern-

ment Gazette, 3/2/1956)

Kalamunda Fire District Road District of Darling

(see Order in Council,	Range.
Government Gazette,
19/9/1958)

Waroona Fire District (see Road District of Drakes-

Order in Council, Govern-	brook.
ment Gazette, 15/6/1956)

Harvey Fire District (see Road District of Harvey.

Order in Council, Govern-

ment Gazette, 1/11/1946)

Katanning Fire District Road District of Katanning.

(see Order in Council,

Government Gazette,

4/6/1943)

Kellerberrin Fire District Road District of Kellerber- (see Order in Council, rin.

Government Gazette,

23/7/1954)

Kojonup Fire District (see Road District of Kojonup.

Order in Council, Govern-

ment Gazette, 15/6/1956)

Kwinana Fire District (see Road District of Kwinana.

Order in Council, Govern-

ment Gazette, 3/2/1956)

Manjimup Fire District (see Road District of Manjimup.

Order in Council, Govern-

ment Gazette, 24/11/1950)

1959. ] Fire Brigades. [No. 34.

Fire District. Municipal or Road District.

Merredin Fire District (see Road District of Merredin.

Order in Council, Govern- ment Gazette, 4/6/1943, as amended by Order in Council, Government Gazette, 24/11/1944)

Moora Fire District (see Road District of Moora.

Order in Council, Govern- ment Gazette, 4/6/1943, as amended by Order in Council, Government Gazette, 24/11/1944)

Pingelly Fire District (see Order in Council, Govern- ment Gazette, 13/3/1959)	Road District of Pingelly.
Tammin Fire District (see	Road District of Tammin.

Order in Council, Govern-

ment Gazette, 4/6/1943)

Toodyay Fire District (see Road District of Toodyay.

Order in Council, Govern-

ment Gazette, 4/6/1943)

Boyup Brook Fire District (see Order in Council, Road District of Upper

Blackwood.

Government Gazette,

24/9/1954)