Fire and Rescue Service Regulation 2001


Queensland Crest
Fire and Rescue Service Regulation 2001
Queensland Fire and Rescue Service Act 1990 Fire and Rescue Service Regulation 2001 Reprinted as in force on 1 July 2011 Reprint No. 3F This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2011 SL No. 160 s 17
Information about this reprint This regulation is reprinted as at 1 July 2011. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— when provisions commenced editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.
Queensland Fire and Rescue Service Regulation 2001 Contents Part 1 1 2 3 Part 2 3A 3B Part 3 4 5 6 7 8 9 10 12 13 13A 14 Part 4 15 Schedule 1 Schedule 2 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Control and prevention of fires Requirements for a request for issue of a prohibition notice—Act, s 64(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Requirements for an application for a permit to light a fire—Act, s 65(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Funding for urban fire brigades Administration fee—Act, s 117 . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Constitution and naming of urban districts . . . . . . . . . . . . . . . . . . 5 Fire levy classes of urban districts . . . . . . . . . . . . . . . . . . . . . . . . 6 Categories of prescribed properties assigned to fire levy groups 7 Annual contributions of owners of prescribed properties—1 category ............................ 7 Annual contributions of owners of prescribed properties—multiple categories . . . . . . . . . . . . . . . . . . . . . . . . . . 7 References to types of industry . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Annual returns by component local governments . . . . . . . . . . . . 8 Discount for pensioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Prescribed provisions for general rates applying to amount in fire levy notice—Act, s 115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Payments by component local governments to department. . . . . 9 Repeal Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Fire levy classes of urban districts . . . . . . . . . . . . . . . . . . . . . 11 Annual contributions of owners of prescribed properties . . 16
Fire and Rescue Service Regulation 2001 Contents Schedule 3 Schedule 4 Schedule 5 Local government areas for component local governments to which 5 declared periods apply . . . . . . . . . . . . . . . . . . . . . . Local government areas for component local governments to which 3 declared periods apply . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 30 31 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 35 35 36 36 38 Page 2
Fire and Rescue Service Regulation 2001 Part 1 Preliminary [s 1] Fire and Rescue Service Regulation 2001 [as amended by all amendments that commenced on or before 1 July 2011] Part 1 Preliminary 1 Short title This regulation may be cited as the Fire and Rescue Service Regulation 2001 . 2 Commencement This regulation commences on 1 July 2001. 3 Dictionary The dictionary in schedule 5 defines particular words used in this regulation. Part 2 Control and prevention of fires 3A Requirements for a request for issue of a prohibition notice—Act, s 64(2) (1) For section 64(2) of the Act, a request made by an occupier of land that a notice be issued prohibiting the lighting of fires on adjoining land must be given 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; Reprint 3F effective 1 July 2011 Page 3
Fire and Rescue Service Regulation 2001 Part 2 Control and prevention of fires [s 3B] Example of including the location of the adjoining land 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. Editor’s note See schedule 6 (Dictionary) of the Act— occupier , used with reference to any premises, means the person in actual occupation or, if there is no such person, the owner. 3B Requirements for an application for a permit to light a fire—Act, s 65(1) For section 65(1) of the Act, a person applying to the commissioner for a permit to light a fire must include the following details with the application— (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 including the location of the relevant part of the subject land providing a map or plan showing the relevant part of the subject land (e) the name and address of any occupier of adjoining land if known by the applicant; (f) any steps taken by the applicant to notify any occupier of adjoining land about the application and when the steps were taken; (g) if the applicant knows any occupier of adjoining land objects to the lighting of the fire— Page 4 Reprint 3F effective 1 July 2011
Fire and Rescue Service Regulation 2001 Part 3 Funding for urban fire brigades [s 4] (i) a statement that the occupier objects; and (ii) any reasons for the objection given to the applicant by the occupier. Part 3 Funding for urban fire brigades 4 Administration fee—Act, s 117 (1) The administration fee to which a component local government is entitled for a financial year must be calculated as follows— (a) if N is not more than 40000—the amount worked out using the following formula— N x $3.35 (b) if N is more than 40000—the amount worked out using the following formula— $134000 + (N - 40000) x $2.80 (2) In this section— N means the number of prescribed properties for which the component local government gives fire levy notices for the financial year. 5 Constitution and naming of urban districts (1) A portion of the State shown on an urban district map is— (a) constituted an urban district; and (b) assigned the name stated on the map. Editor’s 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. (2) In this section— Reprint 3F effective 1 July 2011 Page 5
Fire and Rescue Service Regulation 2001 Part 3 Funding for urban fire brigades [s 6] urban district map means a map held by the commissioner immediately before 1 July 2011— (a) showing a portion of the State as an urban district for the purpose of part 10 of the Act; and (b) stating a name for the portion. 6 Fire levy classes of urban districts (1) The fire levy class of an urban 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 fire levy class of an urban 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 fire levy class of an urban 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 fire levy class of an urban 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) To help users of this regulation, the fire levy class of an urban district mentioned in schedule 1 is stated opposite the urban district in the schedule. (6) If there is an inconsistency between subsection (1) to (4) and schedule 1, the subsection prevails to the extent of the inconsistency. (7) In this section— Page 6 Reprint 3F effective 1 July 2011
Fire and Rescue Service Regulation 2001 Part 3 Funding for urban fire brigades [s 7] 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. 7 Categories of prescribed properties assigned to fire levy groups (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 fire levy group under which it appears. 8 Annual contributions of owners of prescribed properties—1 category (1) This section applies to a prescribed property if only 1 category applies to the entire property. (2) The amount of the contribution payable, for a financial year, by the owner of the property is the amount stated in schedule 2, column 2, according to— (a) the fire levy group for the category; and (b) the fire levy class for the property. 9 Annual contributions of owners of prescribed properties—multiple categories (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, for a financial year, by the owner of the property is the amount stated in schedule 2, column 2, according to— (a) the fire levy group that would apply to the property if the determining category applied to the entire property; and Reprint 3F effective 1 July 2011 Page 7
Fire and Rescue Service Regulation 2001 Part 3 Funding for urban fire brigades [s 10] (b) the fire levy class for the property. (3) The determining category for a property is— (a) if 1 of the relevant categories is higher than all the others—that category; or (b) otherwise—the highest of the categories that would apply to the property if the entire property were used for each of the purposes to which the relevant categories relate. (4) For this section, a category is higher than another category if the first category is in a higher fire levy group than the other category. (5) In this section— relevant category , for a property, means a category applying to the property or part of the property. 10 References to types of industry A category 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. 12 Annual returns by component local governments For section 109(1) of the Act, the particulars prescribed are the number of the properties within each fire levy group mentioned in schedule 2, column 1. 13 Discount for pensioners (1) A pension payable under a law of the Commonwealth is declared to be a pension for section 110 of the Act. (2) For section 110(2) of the Act, 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 Page 8 Reprint 3F effective 1 July 2011
Fire and Rescue Service Regulation 2001 Part 3 Funding for urban fire brigades [s 13A] of 20% on the contributions payable under part 10 of the Act for the property. 13A Prescribed provisions for general rates applying to amount in fire levy notice—Act, s 115 For section 115(2), definition relevant provisions of the Act, the prescribed provisions are as follows— (a) the Local Government Act 2009 , section 94(1)(a); (b) the Local Government (Finance, Plans and Reporting Regulation) 2010 , chapter 2, other than the following— (i) sections 41(1), 43, 44, 45 and 48; (ii) part 10; (iii) sections 64 and 65; (iv) part 12, division 3, subdivision 3; (c) the City of Brisbane Act 2010 , section 96(1)(a); (d) the City of Brisbane (Finance, Plans and Reporting) Regulation 2010 , chapter 2, other than the following— (i) sections 39(1), 41, 42, 43 and 46; (ii) part 10; (iii) sections 62 and 63; (iv) part 12, division 3, subdivision 3. 14 Payments by component local governments to department For section 118(5) of the Act, the following periods are declared periods— (a) for a component local government for a local government area mentioned in schedule 3— 1 July to 30 September 1 October to 31 December Reprint 3F effective 1 July 2011 Page 9
Fire and Rescue Service Regulation 2001 Part 4 Repeal [s 15] 1 January to 31 March 1 April to 31 May 1 June to 30 June; (b) for a component 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. Part 4 Repeal 15 Repeal The Fire and Rescue Authority Regulation 1990 is repealed. Page 10 Reprint 3F effective 1 July 2011
Schedule 1 Urban district Agnes Water Airlie Beach Allora Alpha Amity Point Aramac Arana Hills Atherton Augathella Ayr Babinda Baralaba Barcaldine Beaudesert Beenleigh Beerwah Biggenden Fire and Rescue Service Regulation 2001 Schedule 1 Fire levy classes of urban districts section 6(5) Fire Urban district levy class D Blackall C Blackbutt D Blackwater D Bollon D Boonah D Boulia A Bowen B Boyne/Tannum D Bramston Beach B Bribie Island D Brisbane D Bundaberg D Burnett Heads C Burpengary A Caboolture D Cairns D Cairns South Fire levy class D D D D D D B D D C A A D A A A A Reprint 3F effective 1 July 2011 Page 11
Fire and Rescue Service Regulation 2001 Schedule 1 Urban district Biloela Caloundra Canungra Capella Capricorn Coast Cardwell Cecil Plains Charleville Charters Towers Childers Chinchilla Clermont Cleveland Clifton Cloncurry Collinsville Coochie Mudlo Cooktown Coolum Cooran Cooroy Crows Nest Fire Urban district levy class D Calliope A Cunnamulla D Dalby D Dayboro C Dimbulah D Dirranbandi D Dulacca D Dunwich C Dysart D Eatons Hill D Eidsvold D El Arish A Elliott Heads D Emerald D Esk D Forest Hill D Forrest Beach D Gatton D Gayndah D Gin Gin D Giru D Gladstone Fire levy class D D D D D D D D D A D D D D D D D C D D D A Page 12 Reprint 3F effective 1 July 2011
Fire and Rescue Service Regulation 2001 Schedule 1 Urban district Glenden Goombungee Goomeri Goondiwindi Gordonvale Gympie Halifax Harrisville Helidon Herberton Hervey Bay Home Hill Hughenden Imbil Ingham Inglewood Injune Innisfail Ipswich Jandowae Jimboomba Maroochydore Fire Urban district levy class D Julia Creek D Kalbar D Kawana D Kenilworth C Kilcoy A Kilkivan D Killarney D Kingaroy D Kooralbyn D Kumbia A Kuranda C Kurrimine Beach D Laidley D Longreach B Lowood D Mackay D Magnetic Island B Malanda A Maleny D Marburg D Mareeba A Nambour Fire levy class D D A D D D D C D D D D D D D A D D D D B A Reprint 3F effective 1 July 2011 Page 13
Fire and Rescue Service Regulation 2001 Schedule 1 Urban district Maryborough Meandarra Middlemount Miles Millaa Millaa Millmerran Miriam Vale Mission Beach Mitchell Monto Mooloolah Moranbah Morven Mossman Mount Isa Mount Morgan Mount Tamborine Moura Mundubbera Murgon Southport Springsure Fire Urban district levy class A Nanango D Noosa Heads D Oakey D Petrie D Pittsworth D Point Lookout D Pomona D Port Douglas D Proserpine D Proston D Quilpie D Rainbow Beach D Rathdowney D Ravenshoe A Redcliffe C Richmond D Rockhampton D Roma D Rosewood D Sarina A Warwick D Winton Fire levy class D A D A D D D C D D D D D D A D A D D D B D Page 14 Reprint 3F effective 1 July 2011
Urban district Stanthorpe St George Surat Tara Taroom Texas Thangool Theodore Thursday Island Tieri Tin Can Bay Toogoolawah Toowoomba Townsville Tully Wallangarra Wallaville Wallumbilla Wandoan Fire and Rescue Service Regulation 2001 Schedule 1 Fire Urban district levy class D Wondai D Woodford D Wooroolin D Yarraman D Yelarbon D Yungaburra D D C D D D A A D D D D D Fire levy class D D D D D D Reprint 3F effective 1 July 2011 Page 15
Fire and Rescue Service Regulation 2001 Schedule 2 Schedule 2 Annual contributions of owners of prescribed properties sections 7, 8 and 9 Column 1 Category Fire levy group 1 1.01 Advertising hoarding 1.02 Jetty 1.03 Park or garden with no improvements other than fences or gardens 1.04 Vacant land, including vacant land with a fence Column 2 Annual contribution $ class A ............44.60 class B.............33.80 class C.............26.00 class D ............20.20 Fire levy group 2 2.01 Car park (1 level) 2.02 Cemetery 2.03 Club that is not licensed premises 2.04 Farm, or area used for grazing, with a dwelling house 2.05 Industry—light, service or offensive (gross floor area less than 51m 2 ) 2.06 Mini storage unit (gross floor area not more than 85m 2 ) 2.07 Office, shop, commercial premises, other than drive-in shopping centre (not more than 2 levels, gross floor area less than 51m 2 ) class A ..........161.20 class B...........128.00 class C.............94.80 class D ............79.40 Page 16 Reprint 3F effective 1 July 2011
Fire and Rescue Service Regulation 2001 Schedule 2 Column 1 Category 2.08 Outbuilding 2.09 Park or garden, with building 2.10 Plant nursery 2.11 Residential flats or units that are not lots (not more than 2 flats or units) 2.12 Residential unit that is a lot 2.13 Single unit residence 2.14 Walkway—suspended or underground 2.15 Transformer, substation, television or radio transmission tower Column 2 Annual contribution $ Fire levy group 3 3.01 Caravan park (not more than 50 sites) 3.02 Car park (2 levels) 3.03 Child care centre 3.04 Church, church hall or community hall 3.05 Club that is licensed premises (not more than 2 levels) 3.06 Community protection centre 3.07 Construction site 3.08 Day care centre for aged, disabled or handicapped persons 3.09 Forest used for commercial growing or harvesting of timber (less than 10ha) 3.10 Funeral parlour 3.11 Guest house or hostel, with shared bathroom facilities (not more than 2 levels) Reprint 3F effective 1 July 2011 class A ..........390.80 class B...........311.20 class C...........232.40 class D ..........193.80 Page 17
Fire and Rescue Service Regulation 2001 Schedule 2 Column 1 Category 3.12 Industry—light, service or offensive (gross floor area 51–500m 2 ) 3.13 Library, museum, art gallery or zoo 3.14 Marina, non-residential 3.15 Mini storage unit (gross floor area more than 85m 2 ) 3.16 Office, shop, commercial premises, other than drive-in shopping centre (not more than 2 levels, gross floor area 51–250m 2 ) 3.17 Outdoor storage area (less than 2025m 2 ) 3.18 Residential flats or units that are not lots (more than 2 units or flats, not more than 2 levels) 3.19 Restaurant, including floating restaurant, that is not licensed premises 3.20 Sales area—outdoor (less than 2025m 2 ) 3.21 Service station Column 2 Annual contribution $ Fire levy group 4 4.01 Caravan park (51–100 sites) 4.02 Car park (3–4 levels) 4.03 Drive-in shopping centre (area devoted to buildings, roadways, parking and landscaping less than 4050m 2 ) 4.04 Drive-in theatre 4.05 Guest house or hostel, with shared bathroom facilities (3–4 levels) 4.06 Hotel or motel (not more than 2 levels) class A ..........784.40 class B...........626.40 class C...........468.80 class D ..........390.80 Page 18 Reprint 3F effective 1 July 2011
Fire and Rescue Service Regulation 2001 Schedule 2 Column 1 Category 4.07 Industry—light, service or offensive (gross floor area 501–1125m 2 ) 4.08 Office, shop, commercial premises, other than drive-in shopping centre (not more than 2 levels, gross floor area 251–500m 2 ) 4.09 Outdoor storage area (2025–4050m 2 ) 4.10 Residential flats or units that are not lots (more than 2 units or flats, 3–4 levels) 4.11 Restaurant, including floating restaurant, that is licensed premises 4.12 Sales area, outdoor (2025–4050m 2 ) 4.13 School, non-boarding (not more than 100 pupils) 4.14 Theatre or cinema, 1 auditorium, not part of a drive-in shopping centre 4.15 Tourist attraction (less than 4050m 2 ) Column 2 Annual contribution $ Fire levy group 5 5.01 Airfield 5.02 Caravan park (more than 100 sites) 5.03 Deagon Training Complex 5.04 Drive-in shopping centre (area devoted to buildings, roadways, parking and landscaping 4050–7500m 2 ) 5.05 Forest used for commercial growing or harvesting of timber (10–40ha) 5.06 Industry—extractive (less than 10001m 2 ) 5.07 Industry—light, service or offensive (gross floor area 1126–2000m 2 ) class A .......1 290.80 class B........1 029.00 class C...........771.00 class D ..........642.20 Reprint 3F effective 1 July 2011 Page 19
Fire and Rescue Service Regulation 2001 Schedule 2 Column 1 Category 5.08 Office, shop, commercial premises, (not more than 2 levels, gross floor area 501–1012m 2 ) 5.09 Office, shop, commercial premises, other than drive-in shopping centre (3–4 levels, gross floor area less than 601m 2 ) 5.10 Oil or fuel depot, including refinery (licensed capacity less than 1000000L) 5.11 School, non-boarding (101–500 pupils) 5.12 Showground or racecourse, other than a major Brisbane venue 5.13 Tourist attraction (4050–10000m 2 ) Column 2 Annual contribution $ Fire levy group 6 6.01 Car park (more than 4 levels) 6.02 Club that is licensed premises (3–4 levels) 6.03 Drive-in shopping centre (area devoted to buildings, roadways, parking and landscaping 7501–10000m 2 ) 6.04 Guest house or hostel, with shared bathroom facilities (5–6 levels) 6.05 Hotel or motel (3 levels) 6.06 Industry—light, service or offensive (gross floor area 2001–3000m 2 ) 6.07 Office, shop, commercial premises (not more than 2 levels, gross floor area 1013–3500m 2 ) 6.08 Office, shop, commercial premises, other than drive-in shopping centre (3–4 levels, gross floor area 601–1012m 2 ) class A .......2 314.60 class B........1 851.00 class C........1 385.40 class D .......1 155.60 Page 20 Reprint 3F effective 1 July 2011
Fire and Rescue Service Regulation 2001 Schedule 2 Column 1 Category 6.09 Outdoor storage area (more than 4050m 2 ) 6.10 Residential flats or units that are not lots (more than 2 units or flats, 5–6 levels) 6.11 Sales area—outdoor (more than 4050m 2 ) 6.12 School, boarding (not more than 100 boarders) 6.13 School, non-boarding (more than 500 pupils) 6.14 Tertiary residential quarters 6.15 Theatre or cinema complex, not part of a drive-in shopping centre (2–3 auditoriums) 6.16 Welfare residence (not more than 50 beds) Column 2 Annual contribution $ Fire levy group 7 7.01 Forest used for commercial growing or harvesting of timber (more than 40ha) 7.02 Guest house or hostel, with shared bathroom facilities (more than 6 levels) 7.03 Hospital (not more than 50 beds) 7.04 Industry—light, service or offensive (gross floor area 3001–4000m 2 ) 7.05 Office, shop, commercial premises (not more than 2 levels, gross floor area 3501–5500m 2 ) 7.06 Office, shop, commercial premises, other than drive-in shopping centre (3–4 levels, gross floor area 1013–3500m 2 ) 7.07 Residential flats or units that are not lots (more than 2 units or flats, 7–10 levels) class A .......3 779.40 class B........3 020.60 class C........2 266.40 class D .......1 888.20 Reprint 3F effective 1 July 2011 Page 21
Fire and Rescue Service Regulation 2001 Schedule 2 Column 1 Category 7.08 Tavern 7.09 Theatre or cinema complex, not part of a drive-in shopping centre (4–6 auditoriums) Column 2 Annual contribution $ Fire levy group 8 8.01 Drive-in shopping centre (area devoted to buildings, roadways, parking and landscaping 10001–15000m 2 ) 8.02 Hotel or motel (4 levels) 8.03 Industry—extractive (10001–20000m 2 ) 8.04 Industry—light, service or offensive (gross floor area 4001–5500m 2 ) 8.05 Office, shop, commercial premises, other than drive-in shopping centre (not more than 2 levels, gross floor area more than 5500m 2 ) 8.06 Office, shop, commercial premises, other than drive-in shopping centre (3–4 levels, gross floor area 3501–5500m 2 ) 8.07 Oil or fuel depot, including refinery (licensed capacity 1000000–25000000L) 8.08 Residential flats or units that are not lots (more than 2 units or flats, 11–15 levels) 8.09 Tertiary education institution (not more than 500 students) 8.10 Theatre or cinema complex, not part of a drive-in shopping centre (more than 6 auditoriums) 8.11 Tourist attraction (more than 10000m 2 ) class A .......5 781.20 class B........4 548.20 class C........3 466.60 class D .......2 889.80 Page 22 Reprint 3F effective 1 July 2011
Fire and Rescue Service Regulation 2001 Schedule 2 Column 1 Category 8.12 Welfare residence (51–100 beds) Column 2 Annual contribution $ Fire levy group 9 9.01 Albion Park Raceway 9.02 Club that is licensed premises (more than 4 levels) 9.03 Doomben Racecourse 9.04 Drive-in shopping centre (area devoted to buildings, roadways, parking and landscaping 15001–20000m 2 ) 9.05 Eagle Farm Racecourse 9.06 Hospital (51–100 beds) 9.07 Hotel or motel (5–6 levels) 9.08 Industry—heavy (gross floor area less than 3001m 2 ) 9.09 Industry—light, service or offensive (gross floor area 5501–7500m 2 ) 9.10 Office, shop, commercial premises, other than drive-in shopping centre (3–4 levels, gross floor area more than 5500m 2 ) 9.11 Office, shop, commercial premises (5–6 levels) 9.12 Residential flats or units that are not lots (more than 2 units or flats, more than 15 levels) 9.13 Royal National Agricultural and Industrial Association of Queensland showgrounds 9.14 School, boarding (more than 100 boarders) class A .....10 261.00 class B........8 206.00 class C........6 154.20 class D .......5 128.20 Reprint 3F effective 1 July 2011 Page 23
Fire and Rescue Service Regulation 2001 Schedule 2 Column 1 Category 9.15 Tertiary education institution (501–1000 students) 9.16 Welfare residence (101–200 beds) Column 2 Annual contribution $ Fire levy group 10 10.01 Drive-in shopping centre (area devoted to buildings, roadways, parking and landscaping 20001–30000m 2 ) 10.02 Hospital (101–200 beds) 10.03 Industry—extractive (more than 20000m 2 ) 10.04 Industry—heavy (gross floor area 3001–7500m 2 ) 10.05 Industry—light, service or offensive (gross floor area more than 7500m 2 ) 10.06 Office, shop, commercial premises, other than drive-in shopping centre (7–10 levels) 10.07 Welfare residence (201–500 beds) class A .....21 069.00 class B......16 853.40 class C......12 636.60 class D .....10 533.20 Fire levy group 11 11.01 Drive-in shopping centre (area devoted to buildings, roadways, parking and landscaping 30001–40000m 2 ) 11.02 Hospital (201–500 beds) 11.03 Hotel or motel (7–10 levels) 11.04 Industry—heavy (gross floor area 7501–15000m 2 ) class A .....35 667.80 class B......28 534.00 class C......21 401.00 class D .....17 831.60 Page 24 Reprint 3F effective 1 July 2011
Fire and Rescue Service Regulation 2001 Schedule 2 Column 1 Category 11.05 Office, shop, commercial premises, other than drive-in shopping centre (11–20 levels) 11.06 Oil or fuel depot, including refinery (licensed capacity 25000001–50000000L) 11.07 Tertiary education institution (1001–5000 students) 11.08 Welfare residence (more than 500 beds) Column 2 Annual contribution $ Fire levy group 12 12.01 Brewery, other than a brewery for which most of the brewed product is served on the premises on which it is brewed 12.02 Bulk sugar terminal 12.03 Distillery 12.04 Drive-in shopping centre (area devoted to buildings, roadways, parking and landscaping 40001–60000m 2 ) 12.05 Hospital (more than 500 beds) 12.06 Hotel or motel (11–16 levels) 12.07 Industry—heavy (gross floor area more than 15000m 2 ) 12.08 Office, shop, commercial premises, other than drive-in shopping centre (21–29 levels) 12.09 Oil or fuel depot, including refinery (licensed capacity 50000001– 100000000L) 12.10 Resort complex (gross floor area less than 18000m 2 ) class A .....65 940.20 class B......52 749.20 class C......39 563.20 class D .....32 968.40 Reprint 3F effective 1 July 2011 Page 25
Fire and Rescue Service Regulation 2001 Schedule 2 Column 1 Category 12.11 Sugar mill, sugar factory or sugar refinery Column 2 Annual contribution $ Fire levy group 13 13.01 Bulk coal terminal 13.02 Drive-in shopping centre (1 shopping level, area devoted to buildings, roadways, parking and landscaping more than 60000m 2 ) 13.03 Hotel or motel (17–25 levels) 13.04 Office, shop, commercial premises, other than drive-in shopping centre (30–40 levels) 13.05 Oil or fuel depot, including refinery (licensed capacity 100000001– 150000000L) 13.06 Power station 13.07 Resort complex (gross floor area 18000–35000m 2 ) 13.08 Tertiary education institution (5001–10000 students) class A .....75 589.00 class B......60 469.80 class C......45 351.00 class D .....37 792.00 Fire levy group 14 14.01 Casino, including accommodation, entertainment, restaurant facilities (not more than 20 levels) 14.02 Drive-in shopping centre (more than 1 shopping level, area devoted to buildings, roadways, parking and landscaping 60001–100000m 2 ) 14.03 Hotel or motel (more than 25 levels) class A ...113 387.00 class B......90 709.80 class C......68 030.00 class D .....56 690.60 Page 26 Reprint 3F effective 1 July 2011
Fire and Rescue Service Regulation 2001 Schedule 2 Column 1 Category 14.04 Integrated office, shop and commercial complex (more than 5 levels, underground parking facilities for more than 1000 vehicles and underground bus interchange) 14.05 Metal refinery or smelter 14.06 Office, shop, commercial premises, other than drive-in shopping centre (more than 40 levels) 14.07 Oil or fuel depot, including refinery (licensed capacity 150000001– 200000000L) 14.08 Resort complex (gross floor area more than 35000m 2 ) Column 2 Annual contribution $ Fire levy group 15 15.01 Drive-in shopping centre (more than 1 shopping level, area devoted to buildings, roadways, parking and landscaping more than 100000m 2 ) 15.02 Oil or fuel depot, including refinery (licensed capacity 200000001– 250000000L) 15.03 Tertiary education institution (more than 10000 students) class A ...188 977.60 class B....151 181.60 class C....113 385.20 class D .....94 486.80 Reprint 3F effective 1 July 2011 Page 27
Fire and Rescue Service Regulation 2001 Schedule 2 Column 1 Category Fire levy group 16 16.01 Casino, including accommodation, entertainment, restaurant facilities (more than 20 levels) 16.02 Oil or fuel depot, including refinery (licensed capacity more than 250000000L) Column 2 Annual contribution $ class A ...314 968.40 class B....251 974.60 class C....188 977.60 class D ...157 482.60 Notes to schedule 2 1 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. 2 For deciding the fire levy group that applies to a prescribed 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). Page 28 Reprint 3F effective 1 July 2011
Schedule 3 Brisbane Bundaberg Cairns Cassowary Coast Fraser Coast Gladstone Gold Coast Gympie Ipswich Logan Mackay Fire and Rescue Service Regulation 2001 Schedule 3 Local government areas for component local governments to which 5 declared periods apply section 14(a) Moreton Bay Mount Isa Redland Rockhampton Scenic Rim Southern Downs Sunshine Coast Tablelands Toowoomba Townsville Whitsunday Reprint 3F effective 1 July 2011 Page 29
Fire and Rescue Service Regulation 2001 Schedule 4 Schedule 4 Local government areas for component local governments to which 3 declared periods apply section 14(b) Balonne Banana Barcaldine Blackall Tambo Boulia Burdekin Central Highlands Charters Towers Cloncurry Cook Flinders Goondiwindi Hinchinbrook Isaac Lockyer Valley Longreach Maranoa McKinlay Murweh North Burnett Paroo Quilpie Richmond Somerset South Burnett Torres Western Downs Winton Page 30 Reprint 3F effective 1 July 2011
Schedule 5 Fire and Rescue Service Regulation 2001 Schedule 5 Dictionary section 3 category means a category of property use mentioned in schedule 2, column 1. child care centre means premises, other than a home, for providing child care. 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 Coastguard Association Incorporated; (ii) a squadron of the Volunteer Marine Rescue Association Queensland Inc. construction site means premises on which, when construction is complete, will be a building to which a category (other than ‘construction site’) in fire levy groups 3 to 16 applies. 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. fire levy class , of a property, means the fire levy class of the urban district in which the property is situated. gross floor area , of a prescribed property, a part of a prescribed property, or a level of a building on a prescribed Reprint 3F effective 1 July 2011 Page 31
Fire and Rescue Service Regulation 2001 Schedule 5 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 treated, to enhance or protect the amenities of the land or its locality, by— (a) screening 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) constructing walkways or tracks. level , of a building, includes a basement or mezzanine level of the building. 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. occupier of adjoining land see section 64(3) of the Act. outbuilding means a non-habitable building, for example, a carport, garage or shed. Page 32 Reprint 3F effective 1 July 2011
Fire and Rescue Service Regulation 2001 Schedule 5 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. 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 general licence has been issued under the Liquor Act 1992 ; and (b) that does not have facilities for providing accommodation. tertiary residential quarters means a residential facility for students of a tertiary education institution, but does not Reprint 3F effective 1 July 2011 Page 33
Fire and Rescue Service Regulation 2001 Schedule 5 include a single unit residence used for accommodation by students. urban district map see section 5. 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 Page 34 Reprint 3F effective 1 July 2011
Endnotes Fire and Rescue Service Regulation 2001 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2011. Future amendments of the Fire and Rescue Service Regulation 2001 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Reprint 3F effective 1 July 2011 Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered Page 35
Fire and Rescue Service Regulation 2001 Endnotes 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A Amendments to none 2001 Act No. 76 Effective 1 July 2001 13 November 2001 Reprint date 6 July 2001 23 November 2001 Reprint No. 1B 1C 1D 1E 2 2A 2B rv 2C 2D 3 3A 3B 3C 3D 3E 3F Amendments included 2002 SL No. 123 2002 SL No. 231 2003 SL No. 110 2003 SL No. 333 2004 SL No. 76 2005 SL No. 105 2006 SL No. 119 2007 SL No. 121 2008 SL No. 64 2008 SL No. 150 2009 SL No. 112 2010 SL No. 13 2010 SL No. 117 2010 SL No. 171 2011 SL No. 104 Effective 1 July 2002 30 August 2002 1 July 2003 1 January 2004 1 January 2004 1 July 2004 1 July 2005 1 July 2006 1 July 2007 1 July 2007 15 March 2008 1 July 2008 1 July 2009 19 February 2010 1 July 2010 1 July 2011 Notes R1E withdrawn, see R2 R2D withdrawn, see R3 5 List of legislation Fire and Rescue Service Regulation 2001 (prev Fire and Rescue Authority Regulation 2001) SL No. 75 made by the Governor in Council on 14 June 2001 notfd gaz 15 June 2001 pp 633–4 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2001 (see s 2) exp 1 September 2011 (see SIA s 54) Notes—(1) The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. (2) A regulatory impact statement and explanatory note were prepared. amending legislation— Page 36 Reprint 3F effective 1 July 2011
Fire and Rescue Service Regulation 2001 Endnotes Emergency Services Legislation Amendment Act 2001 No. 76 ss 1, 25 sch 3 date of assent 13 November 2001 commenced on date of assent Fire and Rescue Service Amendment Regulation (No. 1) 2002 SL No. 123 notfd gaz 31 May 2002 pp 482–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2002 (see s 2) Fire and Rescue Service Legislation Amendment and Repeal Regulation (No. 1) 2002 SL No. 231 pts 1–2 notfd gaz 30 August 2002 pp 1557–61 commenced on date of notification Fire Legislation Amendment Regulation (No. 1) 2003 SL No. 110 pts 1, 3 notfd gaz 13 June 2003 pp 543–4 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2003 (see s 2) Housing Regulation 2003 SL No. 333 ss 1–2(1), 59 sch 4 notfd gaz 12 December 2003 pp 1203–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2004 (see s 2(1)) Fire Legislation Amendment Regulation (No. 1) 2004 SL No. 76 pts 1, 3 notfd gaz 11 June 2004 pp 445–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2004 (see s 2) Emergency Services Legislation Amendment Regulation (No. 1) 2005 SL No. 105 pts 1, 4 notfd gaz 3 June 2005 pp 415–19 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2005 (see s 2) Emergency Services Legislation Amendment Regulation (No. 1) 2006 SL No. 119 pts 1, 3 notfd gaz 2 June 2006 pp 572–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2006 (see s 2) Emergency Services Legislation Amendment Regulation (No. 1) 2007 SL No. 121 pts 1, 3 notfd gaz 15 June 2007 pp 892–5 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2007 (see s 2) Fire and Rescue Service Amendment Regulation (No. 1) 2008 SL No. 64 notfd gaz 14 March 2008 pp 1469–72 ss 1–2 commenced on date of notification remaining provisions commenced 15 March 2008 (see s 2) Reprint 3F effective 1 July 2011 Page 37
Fire and Rescue Service Regulation 2001 Endnotes Fire and Rescue Service Amendment Regulation (No. 2) 2008 SL No. 150 notfd gaz 6 June 2008 pp 800–2 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2008 (see s 2) Fire and Rescue Service Amendment Regulation (No. 1) 2009 SL No. 112 notfd gaz 26 June 2009 pp 831–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2009 (see s 2) Environment and Resource Management and Other Legislation Amendment Regulation (No. 1) 2010 SL No. 13 pts 1, 4 notfd gaz 19 February 2010 pp 407–9 commenced on date of notification Community Safety (Fees) Amendment Regulation (No. 1) 2010 SL No. 117 pts 1, 4 notfd gaz 18 June 2010 pp 529–35 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2010 (see s 2) Note— An explanatory note was prepared. City of Brisbane (Finance, Plans and Reporting) Regulation 2010 SL No. 171 ss 1–2, ch 6 notfd gaz 1 July 2010 pp 921–2 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2010 (see s 2) Community Safety (Fees) Amendment Regulation (No. 1) 2011 SL No. 104 pts 1, 4 notfd gaz 24 June 2011 pp 534–8 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2011 (see s 2) Note—An explanatory note was prepared. 6 List of annotations PART 1—PRELIMINARY pt hdg ins 2002 SL No. 231 s 3 Short title s 1 amd 2001 Act No. 76 s 25 sch 3 PART 2—CONTROL AND PREVENTION OF FIRES pt 2 (ss 3A–3B) ins 2002 SL No. 231 s 4 PART 3—FUNDING FOR URBAN FIRE BRIGADES pt hdg ins 2002 SL No. 231 s 4 Administration fee—Act, s 117 s 4 amd 2003 SL No. 110 s 11; 2005 SL No. 105 s 14; 2007 SL No. 121 s 11; 2009 SL No. 112 s 4 Page 38 Reprint 3F effective 1 July 2011
Fire and Rescue Service Regulation 2001 Endnotes Constitution and naming of urban districts s 5 amd 2001 Act No. 76 s 25 sch 3; 2002 SL No. 123 s 4; 2003 SL No. 110 s 12; 2004 SL No. 76 s 11; 2005 SL No. 105 s 15; 2006 SL No. 119 s 11; 2007 SL No. 121 s 12; 2008 SL No. 150 s 4; 2009 SL No. 112 s 5; 2010 SL No. 117 s 10; 2011 SL No. 104 s 10 Fire levy classes of urban districts s 6 sub 2004 SL No. 76 s 12 Property that is not prescribed property s 11 om 2003 SL No. 333 s 59 sch 4 Prescribed provisions for general rates applying to amount in fire levy notice—Act, s 115 s 13A ins 2010 SL No. 171 s 187 Payments by component local governments to department prov hdg amd 2001 Act No. 76 s 25 sch 3 s 14 amd 2009 SL No. 112 s 6 PART 4—REPEAL pt hdg ins 2002 SL No. 231 s 5 SCHEDULE 1—FIRE LEVY CLASSES OF URBAN DISTRICTS sch hdg amd 2004 SL No. 76 s 13(1) sch 1 amd 2002 SL No. 123 s 5; 2003 SL No. 110 s 13; 2004 SL No. 76 s 13(2); 2005 SL No. 105 s 16; 2006 SL No. 119 s 12; 2007 SL No. 121 s 13; 2008 SL No. 150 s 5; 2009 SL No. 112 s 7; 2010 SL No. 117 s 11; 2011 SL No. 104 s 11 SCHEDULE 2—ANNUAL CONTRIBUTIONS OF OWNERS OF PRESCRIBED PROPERTIES sub 2002 SL No. 123 s 6; 2003 SL No. 110 s 14; 2004 SL No. 76 s 14; 2005 SL No. 105 s 17; 2006 SL No. 119 s 13; 2007 SL No. 121 s 14; 2008 SL No. 150 s 6; 2009 SL No. 112 s 8; 2010 SL No. 117 s 12; 2011 SL No. 104 s 12 SCHEDULE 3—LOCAL GOVERNMENT AREAS FOR COMPONENT LOCAL GOVERNMENTS TO WHICH 5 DECLARED PERIODS APPLY sub 2008 SL No. 64 s 4 SCHEDULE 4—LOCAL GOVERNMENT AREAS FOR COMPONENT LOCAL GOVERNMENTS TO WHICH 3 DECLARED PERIODS APPLY amd 2003 SL No. 110 s 15 sub 2008 SL No. 64 s 4 amd 2010 SL No. 13 s 7 SCHEDULE 5—DICTIONARY def “occupier of adjoining land” ins 2002 SL No. 231 s 6 © State of Queensland 2011 Reprint 3F effective 1 July 2011 Page 39