Jervis Bay Territory Rural Fires Amendment (Scope of Rules) Rule 2015

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2015L01413 Rules Not in force Legislative Instrument

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Explanatory Statement – Jervis Bay Territory Rural Fires Amendment (Scope of Rules) Rule 2015

 

Overview and Background

The Governor-General, exercising power under subsection 4F(1) of the Jervis Bay Territory Acceptance Act 1915, made the Jervis Bay Territory Rural Fires Ordinance 2014 (the Rural Fires Ordinance) on 24 April 2014, and amended the Rural Fires Ordinance by making the Jervis Bay Territory Rural Fires Amendment (Offences and Other Measures) Ordinance 2015 (the amending Ordinance) on 3 September 2015.  

Section 98 of the Rural Fires Ordinance gives the Minister the power to make rules prescribing matters required or permitted by the Ordinance to be prescribed by the rules, or necessary or convenient to be prescribed for carrying out or giving effect to the Ordinance.

Section 98 (as amended by the amending Ordinance) specifies that the Minister may make rules in relation to the issuing of fire permits, the classification of substances as combustible, the operation of committees, the service of notices or directions under this Ordinance, the conduct and discipline of members of the Rural Fire Service, and the operations of rural fire brigades. 

Section 98 (as amended by the amending Ordinance), places some limitations on the Minister’s power to make rules under the Rural Fires Ordinance, and provides that rules may not be made which create offences or civil penalties, provide powers of arrest, detention, entry, search or seizure, impose a tax, or directly amend the text of the Rural Fires Ordinance. 

The Jervis Bay Territory Rural Fires Amendment (Scope of Rules) Rule 2015 (the amending Rule) amends the Jervis Bay Territory Rural Fires Rule 2014 (the principal Rule) to remove the offence provisions, infringement notice provisions, and some definitions from the principal Rule.  The offence and infringement notice provisions have been moved to the Rural Fires Ordinance.  The amending Rule also makes minor amendments to the principal Rule, consequential on the recent amendments to the Rural Fires Ordinance. 

Statement of Compatibility with Human Rights

The amending Rule has been prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This Rule is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.  

 

 

Consultation

In preparing the amending Rule, the Department of Infrastructure and Regional Development consulted with Commonwealth and NSW agencies and organisations, including the Wreck Bay Aboriginal Community Council and the Shoalhaven City Council, which are involved with and/or affected by this Rule.  The following agencies were consulted:

  • Australian Federal Police;
  • Commonwealth Director of National Parks;
  • Department of Defence (Navy – HMAS Creswell);
  • Department of Infrastructure and Regional Development (Jervis Bay Territory Administration)
  • NSW Rural Fire Service;
  • Wreck Bay Aboriginal Community Council; and
  • Shoalhaven City Council.

The Attorney-General’s Department provided advice and guidance on criminal law and law enforcement issues. The Australian Government Solicitor provided advice on legal issues.

Following circulation of the final draft, no agencies or organisations consulted objected to the content of the rule.

Detailed provision-by-provision description of the Jervis Bay Territory Rural Fires Amendment (Scope of Rules) Rule 2015

Part 1 – Preliminary

Section 1 – Name
This is the section titling the amending Rule.

Section 2 – Commencement
The date for commencement is the day after the amending Rule is registered on the Federal Register of Legislative Instruments.

Section 3 – Authority
This section identifies the authority on which the amending Rule is based.  The amending Rule is made under the authority of the Jervis Bay Territory Rural Fires Ordinance 2014. 

Section 4 – Schedule
This section provides that each instrument that is specified in a Schedule to the amending Rule is amended or repealed as specified in the Schedule, and any other item in a Schedule has effect according to its terms.

 

Schedule 1 – Amendments – Jervis Bay Territory Rural Fires Rule 2014

  1.  Section 4
    This item inserts a definition of ‘hazardous material’ into the principal Rule. 
     
  2. Section 4
    This item removes the definitions of ‘light’ and ‘motorised machine’ from the principal Rule as these expressions are no longer used in the principal Rule. 
     
  3. Section 13
    This item removes section 13, which deals with the functions of the Fire Management Committee, from the principal Rule.  These functions are now set out in the Rural Fires Ordinance. 
     
  4. Part 4
    This item removes Part 4, which contains a number of fire-related offences, from the principal Rule.  These offences are now contained in the Rural Fires Ordinance. 
     
  5. Section 26 and 29
    This item removes sections 26 and 29 from the principal Rule.  Section 26 deals with the destruction or defacement of notices, and section 29 deals with the requirements for giving notice of the intention to light a fire.  Provisions equivalent to these have been inserted into the Rural Fires Ordinance. 
     
  6. Subsection 31(1)
    This item amends the language of the subsection to clarify the meaning of the section. 
     
  7. Subparagraph 33(2)(a)(i)
    This item amends the subparagraph to correct a reference to the Jervis Bay Territory Emergency Management Ordinance 2015. 
     
  8. Subsection 33(3)
    This item amends a cross-reference to the Rural Fires Ordinance, consequential on amendments to that Ordinance. 
     
  9. Section 34
    This item amends a cross-reference to the Rural Fires Ordinance, consequential on amendments to that Ordinance. 
     
  10. Section 36
    This item removes section 36 from the principal Rule.  The section dealt with the issuing of infringement notices for offences created by the principal Rule, and the definition of ‘authorised officer’ for the purposes of subsection 93(9) of the Rural Fires Ordinance.  Infringement notices will in future be issued under the Rural Fires Ordinance, and the definition of authorised officer has been added to subsection 93(9) of the Rural Fires Ordinance. 
     
  11. Schedule 1
    This item removes Schedule 1, which deals with infringement notices, from the principal Rule.  A schedule of infringement notice offences and penalty amounts has been added to the Rural Fires Ordinance. 

Overview

The Jervis Bay Territory Rural Fires Amendment (Scope of Rules) Rule 2015 was enacted to amend the Jervis Bay Territory Rural Fires Rule 2014, ensuring that the rules align with recent amendments to the Jervis Bay Territory Rural Fires Ordinance 2014. This amendment was introduced to address discrepancies and ensure consistency within the regulatory framework governing rural fire management in the Jervis Bay Territory. The rule was made under the authority of the Jervis Bay Territory Acceptance Act 1915, with the objective of refining the regulatory scope to exclude certain provisions related to offences and infringement notices, which were moved to the Rural Fires Ordinance. The policy objective is to streamline and clarify the regulatory environment, ensuring that the rules are effectively implemented and enforced within the Territory. The enacting body, the Governor-General, exercised power under subsection 4F(1) of the Jervis Bay Territory Acceptance Act 1915 to create these amendments, ensuring they comply with the broader legislative intent to manage rural fires efficiently. The amendments aim to maintain the integrity of the regulatory framework while adapting to the evolving needs of fire management in the Jervis Bay Territory.

Scope and Application

The Jervis Bay Territory Rural Fires Amendment (Scope of Rules) Rule 2015 applies to the Jervis Bay Territory, providing regulations in relation to rural fire management within the territory. The Rule primarily amends the Jervis Bay Territory Rural Fires Rule 2014 to align with changes made by the Jervis Bay Territory Rural Fires Amendment (Offences and Other Measures) Ordinance 2015. It applies to the Jervis Bay Rural Fire Brigade, the Fire Management Committee, and any other relevant entities or persons operating within the territory's jurisdictional boundaries. The amendments remove certain provisions from the principal Rule, such as offence provisions, infringement notice provisions, and some definitions, transferring these responsibilities to the Jervis Bay Territory Rural Fires Ordinance 2014. The Rule is applicable to all activities related to fire management and the operation of rural fire brigades within the Jervis Bay Territory, and it ensures that the administration of fire-related matters aligns with the overarching legislation. This Rule does not create new offences or civil penalties, nor does it provide powers of arrest, detention, entry, search or seizure, impose a tax, or directly amend the text of the Rural Fires Ordinance. Instead, it serves to clarify and refine the application of existing fire management rules within the territory.

Key Provisions

The Jervis Bay Territory Rural Fires Amendment (Scope of Rules) Rule 2015 amends the Jervis Bay Territory Rural Fires Rule 2014 by removing specific provisions concerning offences, infringement notices, and certain definitions (Schedule 1). The rule introduces new definitions and modifies existing ones to align with the amendments made to the Jervis Bay Territory Rural Fires Ordinance 2014 (Sections 4 and 13). The definitions of 'light' and'motorised machine' are removed as these terms are no longer used in the principal rule (Section 4). The functions of the Fire Management Committee, previously outlined in the principal rule, are now detailed in the Rural Fires Ordinance (Section 13). Additionally, the rule removes sections related to fire-related offences and the issuance of infringement notices, which are now governed by the Rural Fires Ordinance (Part 4, Sections 26, 29, and 36). The Jervis Bay Territory Rural Fires Amendment (Scope of Rules) Rule 2015 imposes specific obligations on the entities it governs. These include the removal of definitions and sections related to offences and infringement notices from the principal rule, thereby requiring compliance with the Rural Fires Ordinance for such matters. It also mandates that the Fire Management Committee’s functions be governed by the Rural Fires Ordinance. Furthermore, the rule necessitates that hazardous material be defined in accordance with the amended principal rule, ensuring that any relevant activities or operations are conducted in compliance with the updated regulatory framework. Breach of the provisions in the Jervis Bay Territory Rural Fires Amendment (Scope of Rules) Rule 2015 may result in civil or criminal consequences, as the offence provisions and infringement notices have been relocated to the Rural Fires Ordinance. The Rural Fires Ordinance specifies penalties for non-compliance, which may include fines or other sanctions. However, the exact penalties are detailed in the Rural Fires Ordinance itself, and therefore, adherence to the amended rule is essential to avoid potential breaches of the broader regulatory framework. Failure to comply with the requirements set forth in the Rural Fires Ordinance could result in legal action, including fines and other penalties as specified in that legislation.

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Area of Law
Environmental Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.