Fire and Emergency Services Regulation 2011

1Short title

This regulation may be cited as the Fire and Emergency Services Regulation 2011.

s 1 amd 2015 SL No. 56 s 8

2Commencement

This regulation commences on 1 September 2011.

3Definitions

The dictionary in schedule 5 defines particular words used in this regulation.

4Requirements for a request for issue of a prohibition notice—Act, s 64(2)

(1)A request under the Act, section 64(2), must be made to the commissioner in writing and include the following—

(a)the name and address of the person making the request;

(b)the address or location of the adjoining land;

Example of paragraph (b)—

attaching a map or plan showing the location of the adjoining land

(c)the reasons for the request.

(2)The person making the request must give a copy of the request to the occupier of adjoining land.

5Requirements for an application for a permit to light a fire—Act, s 65(1)

An application under the Act, section 65(1), to the commissioner for a permit to light a fire on any land must include the following—

(a)the applicant’s name and address;

(b)the real property description of the land on which the fire is to be lit (the subject land);

(c)the address or location of the subject land;

(d)the location of the part of the subject land on which the fire is to be lit;

Example of paragraph (d)—

giving a map or plan showing the part of the subject land concerned

(e)the name and address of every occupier of adjoining land known by the applicant;

(f)the steps taken by the applicant to notify every occupier of adjoining land about the application and when the steps were taken;

(g)if the applicant knows an occupier of adjoining land objects to the lighting of the fire—

(i)a statement that the occupier objects; and

(ii)any reasons for the objection given to the applicant by the occupier.

pt 3 hdg amd 2013 SL No. 110 s 10

6Administration fee—Act, s 117(4)

(1)For the Act, section 117(4), the administration fee to which a local government is entitled for a financial year must be calculated in the following way—

(a)if N is not more than 40,000—the amount worked out using the following formula—

(b)if N is more than 40,000—the amount worked out using the following formula—

(2)In this section—

N means the number of prescribed properties for which the local government gives levy notices for the financial year.

s 6 amd 2013 SL No. 110 s 11; 2014 SL No. 109 s 3

7Constitution and naming of levy districts—Act, s 106

(1)For the Act, section 106(1), a portion of the State shown on a levy district map is—

(a)constituted a levy district; and

(b)assigned the name stated on the map.

(2)In this section—

levy district map means a map held by the commissioner immediately before 1 July 2020—

(a)showing a portion of the State as a levy district for the purpose of chapter 3, part 10 of the Act; and

(b)stating a name for the portion.

Note—

A copy of the map is available for inspection, without charge, at the head office or a relevant regional office of the department during normal business hours.

s 7 amd 2012 SL No. 91 s 10; 2013 SL No. 110 s 12; 2017 SL No. 87 s 8; 2018 SL No. 79 s 8; 2019 SL No. 110 s 8; 2020 SL No. 124 s 9

7AProperty that is not prescribed property—Act, s 105, definition prescribed property, paragraph (e)

(1)For section 105 of the Act, definition prescribed property, paragraph (e), the following are prescribed—

(a)indigenous land;

(b)property to which any of the following categories apply, if the levy class for the property is class E—

(i)cemetery;

(ii)club that is not licensed premises;

(iii)church, church hall or community hall;

(iv)community protection centre;

(v)library, museum, art gallery or zoo;

(vi)tourist attraction (less than 4050m²);

(vii)airfield;

(viii)showground or racecourse, other than a major Brisbane venue.

(2)In this section—

indigenous land means land held under a following Act by, or on behalf of or for the benefit of, Aboriginal or Torres Strait Islander inhabitants or purposes—

(a)Aboriginal and Torres Strait Islander Land Holding Act 2013;

(b)Aboriginal Land Act 1991;

(c)Land Act 1994;

(d)Torres Strait Islander Land Act 1991.

s 7A ins 2013 SL No. 110 s 13; 2014 SL No. 109 s 4

amd 2014 Act No. 45 s 58 sch 1pt 2

8Levy classes for levy districts—Act, s 108

(1)The levy class of a levy district for a financial year is class A if, immediately before the financial year, there was in the district a fire station with at least 16 full-time fire officers.

(2)The levy class of a levy district for a financial year is class B if, immediately before the financial year, there was in the district—

(a)a fire station with at least 6 full-time fire officers; and

(b)no fire station with more than 15 full-time fire officers.

(3)The levy class of a levy district for a financial year is class C if, immediately before the financial year, there was in the district—

(a)a fire station with at least 1 full-time fire officer; and

(b)no fire station with more than 5 full-time fire officers.

(4)The levy class of a levy district for a financial year is class D if, immediately before the financial year, there was in the district—

(a)a fire station with at least 1 part-time fire officer; and

(b)no fire station with a full-time fire officer.

(5)The levy class of a levy district for a financial year is class E if the district is not part of a levy class under subsection (1), (2), (3) or (4).

(6)To help users of this regulation, for a levy district mentioned in subsections (1) to (4), the levy class of the district is stated in schedule 1 opposite the district.

(7)If there is an inconsistency between subsections (1) to (4) and schedule 1, the subsection prevails to the extent of the inconsistency.

(8)In this section—

full-time fire officer means a fire officer employed in the service on a full-time basis.

part-time fire officer means a fire officer employed in the service on a part-time basis.

s 8 amd 2013 SL No. 110 s 14

9Categories of prescribed properties assigned to levy groups—Act, s 108(3)

(1)Schedule 2 states the categories that apply to prescribed properties according to the purposes for which the properties are used.

(2)Each category in schedule 2 is assigned to the levy group under which it appears.

(3)For deciding the category that applies to a prescribed property, a brewery or distillery with a gross floor area of not more than 15,000m² is taken to be commercial premises.

s 9 amd 2013 SL No. 110 s 15; 2019 SL No. 191 s 4

10Annual contributions of owners of prescribed properties—1 category—Act, s 108

(1)This section applies to a prescribed property if only 1 category applies to the entire property.

(2)The amount of the contribution payable by the owner of the property for a financial year is the amount stated in schedule 2, column 2, according to—

(a)the levy group for the category applying to the property; and

(b)the levy class for the property.

(3)For deciding the levy group that applies to a property, if the area of the property, or part of the property, (expressed in square metres) or the licensed capacity of an oil or fuel depot or refinery (expressed in litres) includes a fraction, the number must be rounded to the nearest whole number (rounding one-half upwards).

s 10 amd 2013 SL No. 110 s 16; 2014 SL No. 77 s 8; 2019 SL No. 110 s 9

11Annual contributions of owners of prescribed properties—multiple categories—Act, s 108

(1)This section applies to a prescribed property if there is more than 1 relevant category for the property.

(2)The amount of the contribution payable by the owner of the property for a financial year is the amount stated in schedule 2, column 2, according to—

(a)the levy group that would apply to the property if the deciding category applied to the entire property; and

(b)the levy class for the property.

(3)For deciding the levy group that applies to a property, if the area of the property, or part of the property, (expressed in square metres) or the licensed capacity of an oil or fuel depot or refinery (expressed in litres) includes a fraction, the number must be rounded to the nearest whole number (rounding one-half upwards).

(4)In this section—

deciding category, for a property, means—

(a)if 1 of the relevant categories is in a higher levy group than the other relevant categories—that category; or

(b)otherwise—the category in the highest levy group that would apply to the property if the entire property were used for each of the purposes to which the relevant categories relate.

relevant category, for a property, means a category applying to the property or part of the property.

s 11 amd 2013 SL No. 110 s 17; 2014 SL No. 77 s 9; 2019 SL No. 110 s 10

12References to types of industry

(1)A category in schedule 2 described as ‘industry’ followed by the word ‘light’, ‘service’, ‘offensive’ or ‘heavy’ applies to a prescribed property if the property is used for an industry of a type ordinarily described, by the local government in whose area the property is situated, by that word.

(2)A category in schedule 2 described as ‘industry’ followed by the word ‘extractive’ applies to a prescribed property if the property is used to mine mineral or other material.

(3)In this section—

disposing includes the disposal of tailings and waste rock.

extracting includes—

(a)crushing, grinding, concentrating, screening, washing, jigging, tabling, electrowinning, solvent extraction electrowinning, heap leaching, flotation, fluidised bedding, carbon-in-leach, carbon-in-pulp processing; and

(b)the physical, chemical, electrical, magnetic or other way of separation of a mineral or other material.

material includes clay, gravel, loam, rock, sand, soil and other substances found in the earth.

mine means to carry on an operation with a view to, or for the purpose of—

(a)winning mineral or other material from a place where it occurs; or

(b)extracting mineral or other material from its natural state; or

(c)disposing of mineral or other material in connection with, or waste substances resulting from, the winning or extraction.

mineral see the Mineral Resources Act 1989, section 6.

s 12 amd 2015 SL No. 56 s 9

13Annual returns by local governments—Act, s 109(1)

For the Act, section 109(1), the particulars prescribed for a return are the number of properties within each levy group mentioned in schedule 2, column 1.

s 13 amd 2013 SL No. 110 s 18

14Discount for pensioners—Act, s 110

(1)A pension payable under a law of the Commonwealth is declared to be a pension for the Act, section 110.

(2)For the Act, section 110(2), it is declared that a pensioner, who is the owner of a prescribed property that is the pensioner’s principal place of residence, is granted a discount of 20% on the contributions payable under the Act, part 10, for the property.

15Prescribed provisions for general rates applying to amount in levy notice—Act, s 115(2)

For the Act, section 115(2), definition relevant provisions, the following are prescribed provisions—

(a)the Local Government Act 2009, section 94(1)(a);

(b)the Local Government Regulation 2012, chapter 4, other than the following—

(i)sections 107(1), 109, 110, 111 and 114;

(ii)part 10;

(iii)sections 130 and 131;

(iv)part 12, division 3, subdivision 3;

(c)the City of Brisbane Act 2010, section 96(1)(a);

(d)the City of Brisbane Regulation 2012, chapter 4, other than the following—

(i)sections 99(1), 101, 102, 103 and 106;

(ii)part 10;

(iii)sections 122 and 123;

(iv)part 12, division 3, subdivision 3.

s 15 amd 2013 SL No. 110 s 19; 2014 SL No. 109 s 5

16Payments by local governments to department—Act, s 118(5)

For the Act, section 118(5), definition declared period, the following periods are declared periods—

(a)for a local government for a local government area mentioned in schedule 3—

•1 July to 30 September

•1 October to 31 December

•1 January to 31 March

•1 April to 31 May

•1 June to 30 June;

(b)for a local government for a local government area mentioned in schedule 4—

•1 July to 30 September

•1 October to 31 March

•1 April to 30 June.

s 16 amd 2013 SL No. 110 s 20

17Repeal

The Fire and Rescue Service Regulation 2001, SL No. 75 is repealed.

pt 5 hdg ins 2013 SL No. 109 s 6

amd 2015 SL No. 56 s 10; 2019 SL No. 191 s 5

pt 5 div 1 hdg ins 2015 SL No. 56 s 11

18Application of amended s 7A from 1 January 2014

Section 7A, as amended by the Fire and Rescue Service Amendment Regulation (No. 1) 2014, is taken to have applied from 1 January 2014.

s 18 ins 2013 SL No. 109 s 6

pt 5 div 2 hdg ins 2015 SL No. 56 s 12

19References to Fire and Rescue Service Regulation 2011

A reference in a document to the Fire and Rescue Service Regulation 2011 may be taken, if the context permits, to be a reference to the Fire and Emergency Services Regulation 2011.

s 19 ins 2015 SL No. 56 s 12

pt 5 div 3 hdg ins 2019 SL No. 191 s 6

20Declaration about application of sch 2 for financial year ending 30 June 2020

It is declared that schedule 2, as in force on the commencement, applies in relation to the determination of the annual contributions payable in respect of prescribed properties for the financial year ending 30 June 2020.

s 20 ins 2019 SL No. 191 s 6

21Special provision for particular breweries and distilleries

(1)This section applies to a prescribed property if, before the commencement, a local government gave the owner of the property a levy notice under section 112(2) of the Act stating an annual contribution determined by reference to a former item.

(2)For determining the annual contribution payable for the financial year ending 30 June 2020 in respect of the prescribed property, the category applying to the property is the category applying to the property under schedule 2 as in force on the commencement.

(3)However, if the levy group in schedule 2 for the category is higher than the levy group applying to the former item, the levy group is taken to be levy group 7.

(4)In this section—

former item means schedule 2, item 7.01 or 7.02 as inserted by the Fire and Emergency Services (Levy Groups) Amendment Regulation 2019.

s 21 ins 2019 SL No. 191 s 6

section 8(6)

sch 1 amd 2012 SL No. 91 s 11; 2013 SL No. 110 s 21; 2018 SL No. 79 s 9; 2019 SL No. 110 s 11

sections 9, 10 and 11

Note to schedule 2—

Unless otherwise stated, area in square metres refers to the part of a prescribed property used for the purpose stated in the category in column 1.

sch 2 amd 2011 SL No. 278 s 7

sub 2012 SL No. 91 s 12; 2013 SL No. 110 s 22

amd 2013 SL No. 297 s 3; 2013 SL No. 265 s 81 sch 5 pt 2

sub 2014 SL No. 77 s 10

amd 2014 SL No. 190 s 8 (retro)

sub 2015 SL No. 56 s 13; 2016 SL No. 73 s 18; 2017 SL No. 87 s 9; 2018 SL No. 79 s 10; 2019 SL No. 110 s 12

amd 2019 SL No. 130 s 4; 2019 SL No. 191 s 7

sub 2020 SL No. 124 s 10

section 16(a)

sch 3 amd 2013 SL No. 110 s 23; 2018 SL No. 79 s 11

section 16(b)

sch 4 amd 2013 SL No. 110 s 24; 2018 SL No. 79 s 12

section 3

category means a category of property use mentioned in schedule 2, column 1.

child care centre ...

sch 5 def child care centre om 2013 SL No. 265 s 81 sch 5 pt 2

club means premises for a body or association of persons established for a community service, cultural, literary, recreational, social or sporting purpose, or a similar lawful purpose.

community protection centre means premises used—

(a)as an ambulance station, fire station or State Emergency Service headquarters; or

(b)for the activities of the following—

(i)Australian Volunteer Coast Guard Association Incorporated;

(ii)a squadron of the Volunteer Marine Rescue Association Queensland Inc.

construction site means premises on which, when construction is finished, will be a building to which a category (other than ‘construction site’) in levy groups 3 to 16 applies.

sch 5 def construction site amd 2013 SL No. 110 s 25(3)

drive-in shopping centre means a prescribed property that includes—

(a)2 or more shops, whether or not in the same building; and

(b)car parking for customers.

education and care service premises means education and care service premises under the Education and Care Services National Law (Queensland) for an education and care service other than a family day care service.

sch 5 def education and care service premises ins 2011 SL No. 278 s 8

fire levy class ...

sch 5 def fire levy class om 2013 SL No. 110 s 25(1)

gross floor area, of a prescribed property, a part of a prescribed property, or a level of a building on a prescribed property, means the total of the floor areas (including all walls, columns and balconies), having a ceiling or roof, of the property, the part of the property, or the level.

landscaping means an area of land developed, to enhance or protect the amenities of the land or its locality, by—

(a)screening all or part of the land with fences, walls or in another way; or

(b)planting trees, hedges, shrubs or grass; or

(c)forming banks, terraces or other earthworks; or

(d)laying out gardens or courts; or

(e)building walkways or tracks.

level, of a building, includes a basement or mezzanine level of the building.

levy class, of a property, means the levy class of the levy district where the property is situated.

sch 5 def levy class ins 2013 SL No. 110 s 25(2)

levy district map see section 7.

sch 5 def levy district map ins 2013 SL No. 110 s 25(2)

licensed premises, in relation to a club or restaurant, means premises for which a licence is in force, under the Liquor Act 1992, to sell liquor.

lot means a lot included in a community titles scheme under the Body Corporate and Community Management Act 1997.

major Brisbane venue means the following premises—

(a)Albion Park Raceway;

(b)Doomben Racecourse;

(c)Eagle Farm Racecourse;

(d)the Royal National Agricultural and Industrial Association of Queensland showground.

marina, non-residential means a marina with no buildings other than an ablution block, bridge, fence, jetty, pontoon, pylon or wall.

mini storage unit means a lot that, under a lease of the lot, can not be used for a purpose other than storage.

outbuilding means a non-habitable building, for example, a carport, garage or shed.

outdoor storage area includes the following—

(a)an area used as a builder’s, or contractor’s, yard;

(b)an area used for storing garden materials;

(c)a fenced area for parking or storing heavy equipment, materials, motor vehicles or boats, other than for retail sale.

QEC service premises has the meaning given in the Education and Care Services Act 2013, schedule 1, but does not include a home.

sch 5 def QEC service premises ins 2013 SL No. 265 s 81 sch 5 pt 2

racecourse includes a facility for harness racing, horse racing or greyhound racing.

resort complex means premises that include—

(a)accommodation, most of which is used for holiday or tourist purposes; and

(b)recreational or amusement facilities; and

(c)restaurants; and

(d)shops or commercial premises; and

(e)car parking facilities.

single unit residence means prescribed property, that is not a lot, consisting of self-contained accommodation for the exclusive use of persons residing on the property and any other incidental building.

student, of a tertiary education institution, does not include a person undertaking study at the institution on an external basis.

substation means a subsidiary station for a service, including, for example, a service for supplying electricity, gas or water, a telecommunications service, or a service for removing sewage.

tavern means premises—

(a)for which a commercial hotel licence has been issued under the Liquor Act 1992; and

(b)that does not have facilities for providing accommodation.

tertiary residential quarters means residential premises for students of a tertiary education institution, but does not include a single unit residence used for accommodation by students.

urban district map ...

sch 5 def urban district map om 2013 SL No. 110 s 25(1)

welfare residence means premises that—

(a)are used to provide accommodation, and nursing or personal care, to persons who because of age, disability, disease, illness, incapacity or infirmity have a need for nursing or personal care; and

(b)are not a hospital or part of a hospital; and

(c)are not a single unit residence.

Examples of a welfare residence—

children’s home, hostel for disabled persons, nursing home