Fire Brigades Amendment Act 1997 (NSW)
New South Wales
Fire Brigades Amendment Act 1997
No 27
Contents
Page
1 Name of Act 2 2 Commencement 2 3 Amendment of Fire Brigades Act 1989 No 192 2 4 Amendment of Valuation of Land Act 1916 No 2 2 Schedules
1 Amendment of Fire Brigades Act 1989 3 2 Amendment of Valuation of Land Act 1916 9
New South Wales
Fire Brigades Amendment Act 1997
No 27
Act No 27, 1997
An Act to amend the Fire Brigades Act 1989 with respect to the expenditure requirements of fire brigades and to consequentially amend the Valuation of Land Act 1916, and for other purposes. [Assented to 25 June 1997]
| Section 1 | Fire Brigades Amendment Act 1997 No 27 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Fire Brigades Amendment Act 1997.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Fire Brigades Act 1989 No 192
The Fire Brigades Act 1989 is amended as set out in Schedule 1 .
Amendment of Valuation of Land Act 1916 No 2
The Valuation of Land Act 1916 is amended as set out in
Schedule 2.Fire Brigades Amendment Act 1997 No 27
Amendment of Fire Brigades Act 1989 Schedule 1 Schedule 1 Amendment of Fire Brigades Act 1989
(Section 3)
[1] Section 42 Charges for other matters
Insert “otherwise than under an automatic fire alarm network service arrangement referred to in section 79A” after “any law)” in section 42 (1).
[2] Section 42 (1A) and (1B)
Insert after section 42 (1):
(1A) The Commissioner is entitled to payment of any charges that a person has agreed to pay under an automatic fire alarm network service arrangement referred to in section 79A, including charges of a kind referred to in subsection (1) (a)-(e). (1B) Nothing in subsection (1A) affects the Commissioner’s entitlement to payment of any charges payable otherwise than as referred to in that subsection. [3] Section 44 Definitions
Omit the definition of fire brigade expenditure.
[4] Section 44 (2)
Insert at the end of the section:
(2) In this Part:
(a)
a reference to the aggregate recurrent expenditure requirements for fire brigades is a reference to the estimate of those requirements prepared under section 45 (1), as approved by the Treasurer, and
Fire Brigades Amendment Act 1997 No 27
| Schedule 1 | Amendment of Fire Brigades Act 1989 |
(b) a reference to the aggregate capital expenditure requirements for fire brigades is a reference to the estimate of those requirements prepared under section 45 (1), as approved by the Treasurer, and (c) a reference to the recurrent expenditure requirements for fire brigades for a fire district is a reference to the estimate of those requirements prepared under section 45 (2), as approved by the Minister.
[5] Sections 45 and 46
Omit the sections. Insert instead:
45 Estimate of recurrent and capital fire brigade
expenditure
( 1 ) During each financial year, the Minister is to prepare, for
approval by the Treasurer:
(a) an estimate of the aggregate recurrent expenditure requirements for fire brigades for the following financial year, and (b) an estimate of the aggregate capital expenditure requirements for fire brigades for the following financial year. (2) As soon as practicable after money has been appropriated by Parliament for the purposes of this Act for a particular financial year, the Commissioner is to prepare, for approval by the Minister, an estimate of the recurrent expenditure requirements for fire brigades for that year for each fire district.
[6] Section 47 Adjustment of estimates of recurrent expenditure requirements
Omit “The total of the estimates” from section 47 (l). fire brigades”.
Fire Brigades Amendment Act 1997 No 27
Amendment of Fire Brigades Act 1989 Schedule 1 [7] Section 47 (1) (a)
Omit the paragraph. Insert instead:
(a)
such part of the surplus or deficit in the Department’s operating account as at the end of the previous financial year, and
Section 47 (2)
Omit “the amount required to be contributed” where firstly requirements”.
occurring.
Section 47 (2)
Omit “the amount required to be contributed is calculated”.
Insert instead “the estimate is adjusted”.
Section 47 (2) Omit the formula at the end of the subsection. Insert instead:
where: F(adj) represents the adjusted amount for the fire district. F represents the recurrent expenditure requirements for the fire district. represents the aggregate recurrent expenditure requirements for fire brigades, as adjusted in accordance
with subsection (1).
A represents the aggregate recurrent expenditure requirements for fire brigades.
Fire Brigades Amendment Act 1997 No 27
| Schedule 1 | Amendment of Fire Brigades Act 1989 |
[11] Section 48
Insert after section 47:
48 Contributions payable
(1)
The total amount required to be contributed under this Part for a financial year is the sum of the following amounts:
(a)
an amount equivalent to the aggregate recurrent expenditure requirements for fire brigades for that year, as adjusted in accordance with section
47 (1),
(b) an amount equivalent to the aggregate capital expenditure requirements for fire brigades for that year, other than money representing provision for depreciation of the Department’s assets, proceeds of the sale of any of the Department’s assets or
capital receipts arising otherwise than by way of
appropriation by Parliament.
(2) The amount required to be contributed under this Part for a financial year for a fire district is the sum of the following amounts:
(a) an amount equivalent to the recurrent expenditure requirements for fire brigades for that year for that fire district, as adjusted in accordance with section 47 (2), (b) such proportion of the aggregate capital expenditure requirements for fire brigades for that year as the Commissioner, with the approval of the Minister, may determine in relation to that fire district.
[12] Section 51 Apportionment between local government areas
Valuation of Land Act 1916)”.
Omit “the aggregated land values (estimated under section 67 of the values”.
Fire Brigades Amendment Act 1997 No 27
Amendment of Fire Brigades Act 1989 Schedule 1 [13] Section 51 (2)
Insert at the end of the section:
(2) In this section, current 5-year average, in relation to the aggregated land values of land, means the arithmetic mean of the aggregate land values of the land (estimated in accordance with section 67 of the Valuation of Land Act 1916) as at 1 July in each of the 5 periods of 12 months prior to the date on which the average is being calculated. [14] Section 53 Returns by councils
Omit the section.
[15] Part 5, Division 4, heading
Omit “Appropriation of estimated expenditure”.
Insert instead “Administration of funds”.[16] Section 62
Omit the section. Insert instead:
62 Management of unspent funds
Any money remaining to the credit of the Department at the end of a financial year, other than money that is required to be paid into the New South Wales Fire Brigades Capital Fund, is to be paid into the Department’s operating account.
[17] Section 64 New South Wales Fire Brigades Capital Fund
Omit section 64 (2). Insert instead:
(2)
There is to be paid into the Fund any money that is required to be paid into the Fund by or under this or any other Act or law.
Fire Brigades Amendment Act 1997 No 27
| Schedule 1 | Amendment of Fire Brigades Act 1989 |
(2A) In particular, there is to be paid into the Fund: all money appropriated by Parliament for the capital works and services of the Department for that year, and
such of the money appropriated by Parliament for the recurrent services of the Department for that year as is necessary to cover depreciation of the Department’s assets, and
Department’s assets during that year. such money as arises from the sale of any of the
[18] Section 79A
Insert after section 79:
79A Automatic fire alarm network service arrangements
( l ) The Commissioner may, on behalf of the Department, enter into, and do anything else in connection with, automatic fire alarm network service arrangements. (2) Nothing in this section affects any other power that the Commissioner has to enter into contracts or do anything else.
(3) In this section, automatic fire alarm network service arrangement means an arrangement for the installation and maintenance of fire alarm links between fire brigade premises and other premises.
| [19] | Section 83 Delegation Insert “or the regulations” after “this Act” in section 83 (1). |
Fire Brigades Amendment Act 1997 No 27
Amendment of Valuation of Land Act 1916 Schedule 2 Schedule 2 Amendment of Valuation of Land Act
1916
(Section 4)
Section 67 Valuation for the purposes of Fire Brigades Act 1989
Omit “Board of Fire Commissioners” wherever occurring.
Insert instead “Commissioner of NSW Fire Brigades”.
Section 67 (2)
Omit “If an area so constituted includes 2 or more (or any part of 2
or more) local government areas, the estimate”.Insert instead “The estimate”.
Section 67 (3) (a)
Omit the paragraph.
Section 67 (3) (b)
Omit “section 35 of that Act”.
Insert instead “section 51 of the Fire Brigades Act 1989”.
Section 67 (4) Insert after section 67 (3):
(4)
This section applies only to such fire districts as include more than one, or parts of more than one, local government area.
[Minister’s second reading speech made in—
Legislative Assembly on 8 May 1997 Legislative Council on 16 June 1997]
0
0
0