Jervis Bay Territory
Rural Fires Amendment Ordinance 2004 (No. 1)1
No. 1 of 20042
I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Ordinance under the Jervis Bay Territory Acceptance Act 1915.
Dated 16 December 2004
PHILIP JEFFERY
Governor-General
By His Excellency’s Command
JIM LLOYD
Minister for Local Government, Territories and Roads
An Ordinance to amend the Rural Fires Ordinance 2001
1 Name of Ordinance
This Ordinance is the Rural Fires Amendment Ordinance 2004 (No. 1).
2 Commencement
This Ordinance commences on the date of its notification in the Gazette.
3 Amendment of Rural Fires Ordinance 2001
Schedule 1 amends the Rural Fires Ordinance 2001.
Schedule 1 Amendments
(section 3)
[1] Schedule 1, item 31
substitute
31 Subsections 44 (2) and (3)
substitute
(2) A person (the first delegate) to whom powers or functions under this Division have been delegated by the Minister under section 7 may, in writing, delegate any of those powers or functions to another person (the second delegate).
(3) For subsection (2), the second delegate must be an officer or member of the Territory Rural Fire Service, an officer or member of the NSW Rural Fire Service, an officer of the Forestry Commission or an officer of the National Parks and Wildlife Service.
(4) If the first delegate is subject to directions in relation to the exercise of a power or function delegated under subsection (2), the first delegate must give corresponding directions to the second delegate.
(5) A power or function that is exercised or performed by a person under a delegation under subsection (2) is taken, for the Act, to have been exercised or performed by the person who originally delegated the corresponding power or function under section 7.
[2] Schedule 1, item 70
substitute
70 Dictionary, definitions of Fund, insurance company and local authority
omit
[3] Schedule 1, after item 72
insert
72A Dictionary, after definition of members
insert
National Parks and Wildlife Service means the National Parks and Wildlife Service of New South Wales.
NSW Rural Fire Service means the NSW Rural Fire Service established under Part 2 of the Rural Fires Act 1997 of New South Wales.
1. This Ordinance amends Ordinance No. 2, 2001.
2. Notified in the Commonwealth of Australia Gazette on 23 December 2004.
Overview
The Jervis Bay Territory Rural Fires Amendment Ordinance 2004 (No. 1) was enacted to address gaps and improve the existing framework of the Rural Fires Ordinance 2001 within the Jervis Bay Territory. This legislative instrument was made under the Jervis Bay Territory Acceptance Act 1915 and received Royal Assent on 16 December 2004. The primary objective of this amendment is to enhance the administrative efficiency and operational capability of rural fire management within the Territory by clarifying and expanding the delegation of powers and functions related to fire management. The changes introduced by this Ordinance are designed to facilitate better coordination and response capabilities by allowing specific officers and members of relevant services, including the NSW Rural Fire Service, Forestry Commission, and National Parks and Wildlife Service, to exercise delegated powers effectively.
Scope and Application
The Jervis Bay Territory Rural Fires Amendment Ordinance 2004 (No. 1) amends the Rural Fires Ordinance 2001 to enhance the management and coordination of fire services within the Jervis Bay Territory. This legislation applies to persons and entities involved in the management of rural fires, including officers and members of the Territory Rural Fire Service, the NSW Rural Fire Service, the Forestry Commission, and the National Parks and Wildlife Service of New South Wales. The Ordinance provides for the delegation of powers and functions related to rural fires, allowing for more flexible and efficient management. It also specifies the types of individuals to whom such powers and functions can be delegated, ensuring that they are held by qualified officers or members of the relevant services.
Geographically, the Ordinance applies within the Jervis Bay Territory, which is a small territory under the jurisdiction of the Commonwealth of Australia but governed by the laws of New South Wales. The amendments introduced by this Ordinance do not extend beyond the boundaries of the Jervis Bay Territory. There are no specific exclusions, exemptions, or thresholds outlined in the Ordinance itself, but the applicability of certain provisions may be further defined through subordinate instruments or regulations.
Key Provisions
The Jervis Bay Territory Rural Fires Amendment Ordinance 2004 (No. 1) makes several amendments to the Rural Fires Ordinance 2001. Primarily, Section 3 of the Schedule 1 amends Subsections 44 (2) and (3) to allow for the delegation of powers or functions by the Minister to another individual, provided this second delegate is an officer or member of specified services such as the Territory Rural Fire Service, NSW Rural Fire Service, Forestry Commission, or National Parks and Wildlife Service. This delegation requires the first delegate to issue corresponding directions to the second delegate if they themselves are subject to any directions concerning the delegated powers or functions. Furthermore, any power or function exercised by the second delegate under this delegation is deemed to have been exercised by the original delegator.
The obligations imposed by these amendments include the necessity for the Minister to clearly specify the powers or functions that can be delegated. Additionally, it places a responsibility on the first delegate to ensure that any directions they receive are appropriately communicated to the second delegate. The requirement that the second delegate must be an officer or member of certain services adds another layer of accountability and ensures that only qualified individuals are entrusted with these powers or functions.
Breaches of these provisions could lead to legal consequences. While the specific penalties are not detailed in the provided text, violations of delegation processes and failure to comply with the requirements set out in the amended Rural Fires Ordinance 2001 could result in legal action. This might include fines, administrative penalties, or other civil consequences, depending on the nature and severity of the breach. Additionally, failure to adhere to the conditions set for delegation could lead to criminal charges, particularly if it results in unsafe fire management practices or non-compliance with statutory requirements.