DELEGATION AND SUB-DELEGATION OF POWERS AND DUTIES FROM THE MINISTER TO THE AUTHORITY UNDER THEBUSH FIRES ACT 1954 PURSUANT TO SECTIONS 15(1) & 16(1) OF THE FIRE AND EMERGENCY SERVICES AUTHORITY OF

WESTERN AUSTRALIA ACT 1998

1 The Ministerial powers listed below were delegated to the Authority by the Minister for Emergency Services on 19 September 2011, with thecondition they could be sub-delegated to the Chief Executive Officer, a member, or members of staff. This instrument revoked the delegation of27 December 2002 (No. 4 below).

These powers and duties were sub-delegated to the Chief Executive Officer on 26 September 2011, without condition or limitation.

Section Title of Section12 Appointment of bush fire liaison officers.17 Prohibited burning times may be declared by Minister

24E Burning of garden refuse at rubbish tips24G Minister or local government may further restrict burning of garden refuse25A Power of Minister to exempt from provisions of section 25

2. The Ministerial powers listed below were delegated to the Authority by the Minister for Emergency Services on 6 December 2010, with thecondition they could be sub-delegated to the Chief Executive Officer or a member of staff. This instrument revoked the delegation of 3December 2009 (No. 3 below).

These powers and duties were sub-delegated to the following positions on 8 September 2011, Chief Executive Officer; Chief Operations Officer;Executive Director Corporate Services; Executive Director Community Development; Executive Director Emergency Management WA; DirectorExecutive Services; and Executive Manager Office of the CEO without condition or limitation.

Section Title of Section22A Minister may declare total fire ban22C Power of Minister to exempt from provisions of section 22B

3. The Ministerial powers listed below were delegated to the Authority by the Minister for Emergency Services on 3 December 2009, with thecondition they could be sub-delegated to the Chief Executive Officer, the Executive Directors - Community Development; Strategic Policy andExecutive Services; Corporate Services; and the Chief Operations Officer. The delegation was subject to the following conditions;

(1) In each instance where it proposed to implement a total fire ban every attempt is made to contact the Minister (note 1) for his approval; and(2) If the Minister cannot be contacted and the order for a total fire ban is made by a delegated authority, then the Minister or his advisers shallbe advised as soon as is practicable of when the ban was applied.

Note 1 Contact for the Minister shall be via his advisers and then direct to Minister if no response from advisers.

Section Title of Section22A Minister may declare total fire ban22C Power of Minister to exempt from provisions of section 22B

4. The Ministerial powers listed below were delegated to the Authority by the Minister for Emergency Services on 27 December 2002, with thecondition they could be delegated to the Chief Executive Officer.

Section Title of Section12 Appointment of bush fire liaison officers17 Prohibited burning times may be declared by Minister

24E Burning of garden refuse at rubbish tips24G Minister or local government may further restrict burning of garden refuse25A Power of Minister to exempt from provisions of section 25

Instrument 1 of 2011 D

elegation from the M

inister to the Authority

INS

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Pursuant to section 15(1) of the F

ire and Em

ergency Services A

uthority of Western A

ustraliaA

ct 1998 (the Act) the M

inister, hereby delegates to the Fire and E

mergency S

ervicesA

uthority of Western A

ustralia (the Authority) the follow

ing powers and duties:

Fire and E

mergency S

ervices Authority of W

estern Australia A

ct 1998

Section

Pow

er

13(3)T

o approve operational names or to am

end, or cancel the use of, an operational name.

Bush F

ires Act 1954

Section

Pow

er

12A

pprove the appointment of B

ush Fire Liaison O

fficers.

17D

eclare a prohibited burning time period.

24EP

ermit the burning of garden refuse at a rubbish tip during the lim

ited burning times for

the area in which the tip is located as w

ell as vary or cancel a notice under this section.

24G

Prohibit or im

pose restrictions on the burning of garden refuse that is otherwise

permitted under s.24F

of the Bush F

ires Act as w

ell as vary or cancel a notice under this

section.

25AE

xempt a person from

the provisions of s,25 of the Bush F

ires Act as w

ell as vary or

revoke such an exemption.

Pursuant o section 16(1) of the A

ct, the Authority m

ay sub-delegate in writing, to the chief

executive officer, a mem

ber, or mem

bers of staff all the powers and duties delegated to the

Authority by this instrum

ent.

The instrum

ent previously signed by the Minister on 27 D

ecember 2002, concerning the

delegation of powers pursuant to sections 12, 17, 24E

, 24G and 25A

of the Bush F

ires Act

1954 is hereby revoked, as is the instrument signed by the M

inister on 23 August 2005

concerning the delegation of powers pursuant to section 13(3) of the F

ire and Em

ergencyS

ervices Authority of W

estern Australia A

ct 1998.

Re%

HO

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OB

JOH

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INIS

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instrument 2 of 2011, S

ub-delegation of Ministers pow

ers and duties from the A

uthority.

INS

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EN

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F S

UB

-DE

LEG

AT

ION

OF

TH

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INIS

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AN

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UT

IES

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UT

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OF

FIC

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Pursuant to section 16(1) of the F

ire and Em

ergency Services

Authority of W

esternA

ustralia Act 1998 (the A

ct) the Authority hereby sub-delegates to the

person fromtim

e to time holding or perform

ing the duties of the Chief E

xecutiveO

fficer, thefollow

ing powers and duties conferred upon the M

inister and delegated to theA

uthority:

Fire and E

mergency S

ervices Authority of W

estern Australia A

ct 1998S

ectionP

ower

13(3)T

o approve operational names or to am

end, or cancel the use of, an operational name.

Bush F

ires Act 1954

Section

Pow

er

12A

pprove the appointment of B

ush Fire Liaison O

fficers.

17D

eclare a prohibited burning time period.

24EP

ermit the burning of garden refuse at a rubbish tip during the lim

ited burning times for

the area in which the tip is located as w

ell asvary or cancel a notice tinder this section.

24G

Prohibit or Im

pose restrictions on the burning of garden refuse that is otherwise

permitted under s.24F

of the Bush E

kes Act as w

ell as vary or cancel a notice under this

section.

25AE

xempt a person from

the provisions of s.25 of the Bush F

ires Act as w

ell as vary orrevoke such an exem

ption.

The C

omm

on Seal of the A

uthority)

was affixed hereto in accordance w

ithsection 38 of the A

ct, in thepresence

of the two m

embers w

hose signaturesappear opposite:

DA

TE

D21 S

eptember 2011

BerE

uThafiber

,ere))

Cr

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ame

)

Boar M

mber

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-EA

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itcr---ra

Delegation 3/2010

DE

LE

GA

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F MIN

ISTE

RIA

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WE

RS A

ND

DU

TIE

S TO

TH

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E A

ND

EM

ER

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NC

Y SE

RV

ICE

S AU

TH

OR

ITY

FIRE

AN

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VIC

ES A

UT

HO

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AU

STR

AL

IA A

CT

1998 (SEC

TIO

NS 15(1) Si 16(1))

INST

RU

ME

NT

OF D

EL

EG

AT

ION

TO

TA

L FIR

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AN

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CL

AR

AT

ION

S AN

DE

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MPT

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S

Pursuant to section 15(1) of the Fire and Em

ergency Services Authority of W

estern Australia

Act 1998 ("the A

ct') I hereby delegate to the Fire and Em

ergency Services Authority of

Western A

ustralia (the Authority), all the pow

ers and duties conferred or imposed upon the

Minister by sections 22A

and 22C of the B

ush Fires Act 1954; and

Pursuant to section 160) of the Act, I authorise the A

uthority to subdelegate in writing to, the

person from tim

e to time holding or perform

ing the duties of the Chief E

xecutive Officer or a

mem

ber of staff, all the powers and duties delegated to the A

uthority by this instrument.

The instrum

ent previously signed by the Minister on 3 D

ecember 2009, concerning the

delegation of the powers and duties pursuant to sections 22A

and 22C of the B

ush Fires Act

1954, is hereby revoked.

HO

N R

OB

JOH

NSS M

LA

MIN

ISTE

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MB

ER

2010

instrument 6 of 2011, S

ub-delegation from the A

uthority to theC

hief Executive O

fficer

SU

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AU

TH

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ITY

OF

WE

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US

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ALIA

TO

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F E

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R A

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VIC

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AU

TH

OR

ITY

OF

WE

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AC

T 1998 (S

EC

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N 15(1) &

16(1))

INS

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UB

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TO

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NS

Pursuant to section 16(1) of the F

ire andE

mergency S

ervices Authority of W

esternA

ustralia Act 1998 ("the A

ct") the Fire and

Em

ergency Services A

uthority of Western

Australia (the A

uthority), hereby subdelegate to theperson from

time to tim

e holdingor perform

ing the duties of the following positions;

Chief E

xecutive Officer;

Chief O

perations Officer;

Executive D

irector Corporate S

ervices;

Executive D

irector Com

munity D

evelopment;

Executive D

irector Em

ergency Managem

ent WA

;

Director E

xecutive Services; and

Executive M

anager Office of the C

EO

,

all the powers and duties conferred or

imposed upon tie M

inister by sections 22Aand 22C

of the Bush F

ires Act 1954, w

hich have beendelegated to the A

uthoritypursuant to section 15(1) of the A

ct.

The C

omm

on Seal of the A

uthorityw

as affixed hereto in accordance with

the section 38of the A

ct,in

thepresence of the tw

o mem

bers whose

signatures appear opposite:

DA

TE

D: X

Septem

ber 2011

Board M

ember

))N

ame

FIRE AND EMERGENCY ,-,---,42VICES AUTHORITY OF WESTERN AL.11:EALIA ACT 1998Delegation of Ministerial Functions to -4 Fire and Emergency Services Authority or Western Australia; and Authorisation for theAuthority to Sub-delegate the Minister's Functions to Specified Members of the Authority's Staff.

Pursuant to the Fire and Emergency Services Authority of Western Australia Act 1998:section 15(1), I hereby delegate the functions detailed in the table hereunder to the Fire and Emergency Services Authority of Western Australia; andsection 16(1), I hereby authorise the Fire and Emergency Services Authority of Western Australia to sub-delegate the functions detailed in the tablebelow to the Authority's Chief Executive Officer, the Executive Directors Community Development; Strategic Policy and Executive Services;Corporate Services; and the Chief Operations Officer.

Section/ActPower

22A. Minister may declare a total fire banSection 22A (1) If the Minister is of the opinion that

Bush Fires Act (a) the existing weather conditions in an area of the State are conducive to the outbreak or spread of bush fires: or1954 (b) such weather conditions in an area of the State are imminent; or

(c) it is otherwise necessary to declare a total fire ban in respect of an area of the State,the Minister may declare a total fire ban in respect of that area.

(2) A declaration of a total fire ban may be made by radio broadcast, television or other electronic means or in another manner that theMinister considers appropriate.(3) The declaration of a total fire ban is to specify

(a) the period during which; and(b) the area of the State in respect of which,

the total fire ban is to have effect, and the total fire ban has effect accordingly.(4) The Minister may amend or revoke the declaration of a total tire ban by a declaration made in the manner in which the declaration of thetotal fire ban was made.

(5) The Minister is to publish the declaration under this section in the Gazette.(6) Failure to comply with subsection (5) in relation to a declaration does not invalidate the declaration.

APPROVED,rEDHO ROB JOHNSON MLA

MINISTER FOR POLICE; EMERGENCY SERVICES; ROAD SAFETY

vvas I tRN AUS ALIA ACT 1998ministerial Functions to the Fire and Emergency Services Authority "Western Australia; and Authorisation for the

Authority to Sub-deler the Minister's Functions to Specified Menibers of the Authority's Staff,

Pursuant to the Fire andEmergency Services Authority of Western Australia Act 1998:section 15(1), I hereby delegate the functions detailed in the table hereunder to the Fire and Emergency Services Authority of Western Australia; and

section 16(1), I hereby authorise the Fire and Emergency Services Authority of Western Australia to sub-delegate the functions detailed in the table

below to the Authority's Chief Executive Officer, the Executive Directors - CommunityDevelopment; Strategic Policy and Executive Services;

Corporate Services; and the Chief Operations Officer.Section /Act

Power22C. Power of Minister to exempt from provisions ofsection 228

Section 22C(1) Subsection (2) has effect if the Minister is advised in writing by the Chief

Executive Officer that, in the opinion of the Chief Executive

Officer, a person has taken adequate precautions for the

Bush Fires Act1954

(a) prevention of the spread or extension; and(b) control; and(c) extinguishment, if necessary, of any fire that is to be tit, or that may be caused by the carrying out of an activity in the open air, in

the period during which, and in the area in respect of which, a total fire ban has effect.(2) If this subsection has effect, the Minister may, in respect of any such fire as is so lit or may be so caused,

exempt the person, and any

person acting under that person's instructions, either wholly or partially from the operation of the provisions of section 229.

(3) An exemption granted by the Minister under this section(a) is to be in writing signed by the Minister; and(b) may be revoked or varied at any time by the Minister by notice in writingsigned by the Minister and served on the person to whom

the exemption was granted; and(c) unless sooner revoked, has effect for the period specified in the

exemption; and(d) is subject to such conditions as the Minister thinks fit to impose and specifies in the exemption; and(e) authorises the person to whom it is granted, and any person acting under that person's instructions, subject only to any conditions

specified in the exemption(i) to light, maintain or use in the open air any fire authorised to be lit, maintained

or used under the authority of the exemption; or

(ii) to carry out in the open air any activity authorised to be carried out under the authority of the exemption; and

(p if paragraph (e)(i) appliesexempts any fire to which the

exemption relates from the operation of section 46,APPROVED/ eta

HON ROB JO' NSON MLAMINISTER FOR POLICE; EMERGE CY SERVICES; ROAD SAFETY

Governm

ent of Western A

ustraliaF

ire & E

mergency S

ervices Authority

MIN

ISTE

R FO

R PO

LIC

E; E

ME

RG

EN

CY

SER

VIC

ES; R

OA

D SA

FET

Y

DE

LE

GA

TIO

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F MIN

ISTE

R'S FU

NC

TIO

NS: T

OT

AL

FIRE

BA

N

FESA

ExthtnE

crfezelo.,,,,,=.

480 Hay S

treetP

erth Western A

ustralia 6000

PO

Box 1174 P

erth WA

6844

Telephone (08) 9323 9300

Facsim

ile (08) 9323 9384E

mail

fesa@fesam

a.goy.au

vnvw.fesa.w

a.gov.au

The recent am

endments to the B

ush Fires Act 1954 (B

F Act) provide the M

inister with

the

additional powers to declare, am

end and revoke a total fire ban and an associated power to

exempt persons from

the prohibition on the lighting of fires or the carrying out ofactivities, in

the open air, that causes or is likely to cause a fire during the total fire ban.

The delegation of the pow

ers to declare, amend and revoke a total fire ban is

consideredessential to enable expeditious response to an em

ergency situation.O

bviously, the Minister

cannot always be readily available to receive a request from

the Fire and Em

ergencyServices

Authority of W

estern Australia (FE

SA) and m

ake the necessary declaration.

Accordingly,

itis proposed these pow

ers should be sub-delegated to the FESA

Chief

Executive O

fficer (CE

O). T

he sub-delegation of these powers to the C

EO

is consistentw

ith

other delegations of Ministerial pow

ers in the BF A

ct. The M

inisterial powers at

sections 17,

18, 24E, 24G

and 25A of the B

F Act are already sub-delegated to the C

EO

.

The pow

er to delegate powers under em

ergency services Acts and to authorise

their sub -

delegation is contained in sections 15 and 16 of the Fire and Em

ergency Services Authority

ofW

estern Australia A

ct 1998. Pursuant to these provisions the Minister can delegate a pow

erunder the B

ush Fires Act 1954 to the A

uthority and authorise the sub-delegation of the power

to the CE

O, a m

ember of the A

uthority or a mem

ber of staff of theA

uthority. The person

receiving the power by a sub-delegated cannot further delegate the pow

er.

The unpredictable and variable nature of w

eather conditions during the bush fire seasonw

ill

at time w

arrant the urgent declaration of a total fire ban.H

aving only the CE

O and the

Minister em

powered to declare the ban at these tim

es may be problem

atic. To lim

it this risk,it is proposed that in addition to giving the C

EO

these powers, all of the three FE

SAE

xecutive Directors and the C

hief Operations O

fficer will also be given the pow

er to declare,am

end or revoke a total fire ban, should the CE

O be unavailable. Subject to approval of

the

proposal; internal FESA

procedures would be developed w

hich specify the circumstances

and

order in which the E

xecutive Directors and the C

hief Operations O

fficer can utilisethe

powers should the C

EO

be unavailable.

By sub-delegating these pow

ers to more than one position,

it can be assured that theim

position of a total fire ban will not be delayed due to the inability to have the declaration

approved.

Our V

ision: A S

afer Com

munity

For consistency, itis proposed that the associated

power to exem

pt. a person from the

prohibition on lighting firesor carrying out activities in the

open air during the total fire banshould also be sub-delegated

to the FESA

CE

O, the three E

xecutive Directors

and the Chief

Operations O

fficer.

RE

CO

MM

EN

DA

TIO

N

It is recomm

ended that theM

inister delegate to the Authority:

Othe perform

ance of the Minister's

functions relating to total fire bansas detailed on the

attached table; and

authorise the Authority to sub-delegate

the performance of these functions to the

Authority's C

hief Executive O

fficer, theE

xecutive Directors

Com

munity D

evelopment;

Strategic Policy and Executive Services;

Corporate Services; and the C

hief Operations

Officer.

Submitted for your consideration and

approval.

JO H

A PR

ISON

-WA

RD

CH

IEF E

XE

CU

TIV

E O

FFICE

R

2 Decem

ber 2009

A tt

rtLa2

dane&37:0---,

Can-k,t-V

1-'t-t-

C--eat_cd-Z

I

gs

2-ao

,e, R

ichard

From

:Lange, R

ichardS

ent:T

hursday, 3 Decem

ber 2009 3:22 PM

To:

'TH

OM

PS

ON

Mark'

Subject:

Delegation

Mark

Given the sensitivity surrounding this legislation

the Minister w

ill sign the delegationas reque'sted provided that the

FE

SA

procedures being developed that specifythe circum

stances and order in which

the delegation is appliedinclude;

1.In each instance w

here it proposed to implem

enta total fire ban every attempt is m

ade to contact the Minister

(note 1) for his approval; and2. If the M

inister cannot be contacted andthe order for a total fire ban is m

ade bya delegated authority, then the

Minister or his advisers shall be advised

as soon as is practicable of when the ban

was applied.

Note 1 C

ontact for the Minister shall be via his

advisers and then direct to Minister ifno response from

advisers.1,( (to

ers

Richard L

Richard -L

ange

Chief of S

taffM

inister for Police; E

mergency S

ervices; Road

Safety

Ph:

(08) 9222-9211F

ax: (08) 9321-6003

Em

ail: richard.lange@dpc.w

a.gov.au

12.11C36q

EN

TE

RE

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IST

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FESA

Fire &

Em

ergency Services

Authority of W

estern Australia

480 Hay S

frectP

erth Western A

ustralia 6000

Postal A

ddressP

O B

ox P1174 P

erth WA

6844D

X 60103

Telephone

(08) 9323 9300

Facsim

ile(08) 9221 1935

E-m

ailfesa@

fcsa.wa.gov.au

FIR

E A

ND

EM

ER

GE

NC

Y S

ER

VIC

ES

AU

TH

OR

ITY

OF

WE

ST

ER

N A

US

TR

ALIA

AC

T 1998 - D

ELE

GA

TIO

N A

ND

SU

BD

ELE

GA

TIO

N O

F P

ER

FO

RM

AN

CE

OF

MIN

IST

ER

'S F

UN

CT

ION

S

As you are aw

are, the Fire and E

mergency S

ervices Legislation Am

endment A

ct2002 has recently passed the Legislative C

ouncil.T

he Act m

akes significantchanges to the em

ergency services Acts

the Fire and E

mergency S

ervicesA

uthority of Western A

ustralia Act 1998

the Bush F

ires Act 1954 and the F

ireB

rigades Act 1942.

These am

endments include enabling the M

inister forE

mergency S

ervices to delegate to the Authority the perform

anceof any of the

Minister's functions under the em

ergency services Acts, and to authorise the

Authority to subdelegate the perform

ance of such functionsto the F

ES

A C

hiefE

xecutive Officer.

The em

ergency services Acts contain num

erous operational and administrative

matters w

hich may be attended to below

Ministerial level, T

his will save the

time

and resources of the Minister's O

ffice and enable the MinS

ter tocontinue

directing such resources at the high level strategic operations.

Recom

mendation

That the M

inister delegate to the Authority the perform

ance of theM

inister'sfunctions under the em

ergency services Acts, as per the attached table.

That the M

inister authorise the Authority to subdelegate the perform

ance of suchfunctions to the F

ES

A C

hief Executive O

fficer.T

he Interpretation Act 1984

enables this delegation to occur before proclamation of the F

ES

A B

ill.

BO

B M

ITC

HE

LLC

HIE

F E

XE

CU

TIV

E O

FF

ICE

R

25 Novem

ber 2002ginii4A

,Mey4e.o.9--

AP

PR

OV

ED

2_7 /

Our V

ishnu A S

afer Feninilinity

t ®.

Wi

Fire and Emergency Services Authority of Western Australia Act 1998

Delegation of Ministerial Functions to the Fire and Emergency Services Authority of Western Australia

Authorisation to Enable the Authority to Subdelegate Ministerial Functions to the FESA Chief Executive Officer

Pursuant to section 15(1) of the Fire and Emergency Services Authority of Western Australia Act 1998, I hereby delegatethe following functions to the Fire and Emergency Services Authority ofWestern Australia. Pursuant to section 16(1) ofthat Act, I hereby authorise the Authority to subdelegate the performance of the functions to the FESA Chief ExecutiveOfficer.

ACT SECTION PROVISIONBush Fires Act 1954 12(1) Approval of the appointment cf Bush Fire Liaison Officers.Bush Fires Act 1954 17(1), 17(8)(b) Declaration of Prohibited Burning Times.Bush Fires Act 1954 24E Burning of garden refuse at rubbish tips.Bush Fires Act 1954 24G(1), 24G(4) and

24G(5)Prohibit or impose restrictions on the burning of garden refusethat is otherwise permitted under section 24E

Bush Fires Act 1954 25A Power to exempt from provisions related to lighting fire in openair.

MICHELLE ROBERTS MLAMINISTER FOR EMERGENCY SERVICES