Fire Brigades (General) Amendment (Charges) Regulation 2006 (NSW)

2006 No 513

New South Wales

Fire Brigades (General) Amendment

(Charges) Regulation 2006

under the

Fire Brigades Act 1989

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Fire Brigades Act 1989.

ANTHONY KELLY, M.L.C.,

Minister for Emergency Services

Explanatory note
The object of this Regulation is to incorporate, with amendments, the substantive provisions of the Fire Brigades (Charges) Regulation 2000 in the Fire Brigades (General) Regulation 2003. The Fire Brigades (Charges) Regulation 2000 is repealed on 1 September 2006 by section 10 (2) of the Subordinate Legislation Act 1989.
The provisions that are incorporated prescribe the charges that may be imposed under the Fire Brigades Act 1989 for rendering services at the sites of hazardous material incidents and for rendering other services at the request of a person (such as inspecting premises, conducting training courses and responding to certain alarms). At present, the prescribed charges for rendering services at the sites of hazardous material incidents relate partly to the rank of the member of the fire brigade attending the site and partly to the equipment used (or made available for use) at the site. The charges prescribed by this Regulation in relation to such incidents relate solely to equipment.
This Regulation also changes the name of the Fire Brigades (General) Regulation 2003 to
the Fire Brigades Regulation 2003.
This Regulation is made under the Fire Brigades Act 1989, including sections 40 (Charges
for attending fires or hazardous material incidents), 42 (Charges for other services) and 85

(the general regulation-making power).

Published in Gazette No 111 of 1 September 2006, page 7280	Page 1
2006 No 513
Clause 1	Fire Brigades (General) Amendment (Charges) Regulation 2006

Fire Brigades (General) Amendment (Charges)

Regulation 2006

under the

Fire Brigades Act 1989

1      Name of Regulation

This Regulation is the Fire Brigades (General) Amendment (Charges)
Regulation 2006.

2      Commencement

This Regulation commences on 1 September 2006.

3 Amendment of Fire Brigades (General) Regulation 2003

The Fire Brigades (General) Regulation 2003 is amended as set out in
Schedule 1.

2006 No 513

Fire Brigades (General) Amendment (Charges) Regulation 2006

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 3)

[1]      Clause 1 Name of Regulation

Omit “(General)”.

[2]      Part 6 and Schedules 1 and 2

Insert after Part 5:

Part 6 Charges

52 Maximum charges for rendering services in respect of hazardous material incidents: section 40 (4A)

(1)	The charges prescribed for services rendered at the site of a hazardous material incident as described in section 40 (4A) of the Act are, in relation to each item of equipment listed in Column 1 of Schedule 1 that is used (or made available for use) at the site, the charges per hour specified in Column 2 of that Schedule opposite the item of equipment concerned, together with the charge for consumables prescribed by that Schedule.
(2)	One half of the charges specified is prescribed in respect of each half hour, or part of a half hour, during which the equipment is used (or made available for use) at the site of the incident.
(3)	However, if any fully encapsulated gas suit or spillage suit is damaged or contaminated at the site to the extent that it cannot be reused, the prescribed charge in respect of the suit concerned is the cost of replacing the suit.

53      Charges for rendering other services: section 42

(1)	The charges prescribed for the performance of a service specified in section 42 (1) (a)–(d) of the Act by a member of a fire brigade of a rank specified in Column 1 of Schedule 2 are the charges per hour specified in Column 2 of that Schedule opposite the rank concerned, together with the charge for consumables prescribed by that Schedule.
(2)	The amount of $250 is prescribed for the performance of the service specified in section 42 (1) (e) of the Act (that is, the service of responding to an alarm that is afterwards discovered to have been a false alarm) if:

(a) the false alarm resulted from any activation of the alarm except in the course of a test of which prior notice was

2006 No 513

Fire Brigades (General) Amendment (Charges) Regulation 2006

Schedule 1 Amendments

given to a fire brigade officer and that the Commissioner is

satisfied was properly carried out, and

(b) it is the second or subsequent occasion of any such false alarm by the alarm during any period of 60 days.

Schedule 1 Charges for rendering services in
relation to hazardous material
incidents

(Clause 52 (1))

Column 1	Column 2
Item of equipment	Amount per hour per item
Each standard pumper	$423
Each hazmat pumper	$423
Each hazmat vehicle other than a hazmat	$286
pumper
Each hazmat delta decontamination shelter	$286
Each special operations response vehicle	$286
Each boat (including a trailer and vehicle to	$286
tow it)
Each helicopter	$3,300
Each incident command vehicle	$275
Each hose	$55
Each fully encapsulated gas suit	$275
Each spillage suit	$55
Each self-contained breathing apparatus	$55
Each standard gas detector	$55

Each unit of specialised detection equipment $110

Consumables	Amount
Consumables	Such amount as is certified by the Commissioner to be the cost to the Commissioner of the consumables, plus 10% for handling costs

2006 No 513

Fire Brigades (General) Amendment (Charges) Regulation 2006

Amendments Schedule 1

Schedule 2 Charges for rendering a service
referred to in section 42 (1) (a)–(d) of
the Act

(Clause 53 (1))

Column 1	Column 2
Rank of member of fire brigade	Amount per hour per member
Chief superintendent or above	$132
Other superintendent	$121
Inspector	$99
Station commander or captain	$83
Firefighter	$66
Consumables	Amount
Consumables	Such amount as is certified by the Commissioner to be the cost to the Commissioner of the consumables, plus 10% for handling costs

BY AUTHORITY