Inquiry Search
Rec-ID | Code | Recommendation |
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REC326-4342 | 24 - Govt responsibility | To promote integrity and transparency, the Department of Regional NSW should ensure that for all future grant programs it: ensures staff declare conflicts of interest prior to the commencement of a grants stream, and that these conflicts of interest are recorded and managed. |
REC326-4343 | 24 - Govt responsibility | To promote integrity and transparency, the Department of Regional NSW should ensure that for all future grant programs it: ensures a communications plan is in place, including the communication of guidelines to potential applicants. |
REC326-4344 | 24 - Govt responsibility | To promote integrity and transparency, the Department of Regional NSW should ensure that for all future grant programs it: establishes and follows guidelines that align with relevant good practice guidance including accountabilities, key assessment steps and clear assessment criteria. |
REC326-4340 | 24 - Govt responsibility | To promote integrity and transparency, the Department of Regional NSW should ensure that for all future grant programs it: documents all key decisions and approvals in line with record keeping obligations. |
REC326-4341 | 24 - Govt responsibility | To promote integrity and transparency, the Department of Regional NSW should ensure that for all future grant programs it: ensures regular monitoring is in place as part of funding deeds. |
Rec-ID | Code | Recommendation |
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REC317-4101 | 24 - Govt responsibility | Australian, state and territory governments should develop national air quality forecasting capabilities, which include broad coverage of population centres and apply to smoke and other airborne pollutants, such as dust and pollen, to predict plume behaviour. |
REC317-4054 | 24 - Govt responsibility | Australian, state and territory governments should establish an authoritative advisory body to consolidate advice on strategic policy and relevant operational considerations for ministers in relation to natural disasters. |
REC317-4078 | 24 - Govt responsibility | Australian, state and territory governments should adopt procurement and contracting strategies that support and develop a broader Australian-based sovereign aerial firefighting industry. |
REC317-4053 | 24 - Govt responsibility | Australian, state and territory governments should restructure and reinvigorate ministerial forums with a view to enabling timely and informed strategic decision-making in respect of: |
REC317-4073 | 24 - Govt responsibility | State and territory governments should take steps to ensure that there is better interaction, planning and ongoing understanding of Australian Defence Force capabilities and processes by state and territory fire and emergency service agencies and local governments. |
REC317-4069 | 24 - Govt responsibility | State and territory governments should update and implement the National Framework to Improve Government Radio Communications Interoperability, or otherwise agree a new strategy, to achieve interoperable communications across jurisdictions. |
REC317-4131 | 24 - Govt responsibility | Each state and territory government should establish an independent accountability and assurance mechanism to promote continuous improvement and best practice in natural disaster arrangements. |
REC317-4058 | 24 - Govt responsibility | The Australian Government should enhance national preparedness for, and response to, natural disasters, building on the responsibilities of Emergency Management Australia, to include facilitating resource sharing decisions of governments and stress testing national disaster plans. |
REC317-4123 | 24 - Govt responsibility | Australian, state and territory governments should ensure that personal information of individuals affected by a natural disaster is able to be appropriately shared between all levels of government, agencies, insurers, charities and organisations delivering recovery services, taking account of all necessary safeguards to ensure the sharing is only for recovery purposes. |
REC317-4056 | 24 - Govt responsibility | Australian Government agencies should work together across all phases of disaster management. |
Rec-ID | Code | Recommendation |
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REC316-4037 | 17 - Assets and technology | Consideration be given to developing alternate website contingency in the event of a critical failure and an assurance review across all community facing Government websites. |
REC316-4030 | 17 - Assets and technology | Continue to explore options in the short term to improve the functionality and relationship with NSW RFS ‘Fires Near Me’ with respect to ACT specific information before the 2020-21 bushfire season. |
REC316-4029 | 17 - Assets and technology | ACT Government continues to develop the concept for an ACT specific emergency app whilst also using national coordination mechanisms to support an affordable nationally standard all-hazards mobile app. |
Rec-ID | Code | Recommendation |
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REC315-3816 | 5 - Hazard reduction burns | That Government re-commit to the current, regionally based approach to planning and coordinating hazard reduction activities across all tenures through Bush Fire Management Committees but ensure that it is actually being implemented at a high-level of quality across NSW. Getting it to a high-level of quality requires: |
REC315-3847 | 17 - Assets and technology | That, in order to ensure Australia’s fire fighting aerial capacity capitalises on existing assets and is made up of the right mix, Government: |
REC315-3810 | 24 - Govt responsibility | That, to ensure updated resource-sharing arrangements are in place, the NSW and Victorian Governments progress and finalise a multi-agency Memorandum of Understanding before the 2020-21 fire season commences. |
REC315-3854 | 7 - Inter-agency communication | That, in order to ensure emergency response agencies can communicate across state and territory borders, the Commonwealth Government allocate 10 + 10 MHz as a dedicated spectrum for Public Safety Mobile Broadband (PSMB) at no cost to states and territories. |
REC315-3843 | 17 - Assets and technology | That, in order to improve early fire suppression, the NSW RFS trial initial aerial dispatch in areas of high bush fire risk. The trial should identify the most appropriate and cost-effective mix of aircraft, and any associated infrastructure improvements that would be required. |
REC315-3853 | 7 - Inter-agency communication | That, in order to ensure the State Emergency Operations Centre (SEOC) can maintain communications during emergencies, the Government provide the SEOC with independent Public Safety Network functionality. |
REC315-3837 | 17 - Assets and technology | That, in order to improve firefighter safety, Government fire authorities: |
REC315-3852 | 7 - Inter-agency communication | That, in order to improve fireground communications between NSW agencies and interstate personnel: a) Government ensure all NSW fire authority personnel and vehicles can access and utilise the Public Safety Network (PSN). This should include access to NSW RFS Private Mobile Radio networks where PSN coverage is not yet available. |
REC315-3836 | 17 - Assets and technology | That, in order to ensure frontline personnel have appropriate personal protective clothing during bush fires: |
REC315-3849 | 17 - Assets and technology | That, in order to enhance NSW’s fire fighting capacity, Government trial aerial fire fighting at night in the 2020-21 season with a view to full implementation if successful. |
REC315-3815 | 17 - Assets and technology | That, in order to equip NSW RFS with comprehensive information on all structures and assets at risk of bush fire, Government ensures that: |
REC315-3817 | 5 - Hazard reduction burns | That Government, noting that hazard reduction targeted in proximity to assets is on balance more likely to provide help than hinder, should: |
REC315-3848 | 17 - Assets and technology | That, in order to enhance NSW’s ability to improve situational awareness, Government expand FRNSW’s Remotely Piloted Aerial Systems (RPAS) capability (both capital assets and trained operators) to major regional centres and ensure the NSW RFS and other NSW government agencies can access this capability as required. |
REC315-3842 | 24 - Govt responsibility | That, in order to prioritise early suppression and keep fires small: |
REC315-3855 | 7 - Inter-agency communication | That, in order to ensure all agencies have a clear understanding of cross-border communication channels during bush fires, all MoUs between state or territory agencies include an agreed protocol about how agencies will communicate across borders and that these are reflected in Incident Action Plans. |
Rec-ID | Code | Recommendation |
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REC002-4006 | 17 - Assets and technology | The Commisison would not insist upon a barometer being provided at each mine. Experience has proved that this is a tardy index to atmospheric conditions. Serious changes in the atmospheric pressure occur and are felt before they are indicated by a barometer. |
Rec-ID | Code | Recommendation |
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REC286-2063 | 24 - Govt responsibility | Review Tas Govt interoperability arrangements. |
REC286-1441 | 5 - Hazard reduction burns | Continue the Fuel Reduction Program. |
REC286-2059 | 24 - Govt responsibility | Enhance business continuity planning by the Tasmanian Health Service. |
REC286-2058 | 24 - Govt responsibility | Clarify the relationship between the DHHS and THS in the establishment of flu services. |
REC286-2069 | 24 - Govt responsibility | Implement a database management approach for notifiable disease record systems. |
REC286-2033 | 24 - Govt responsibility | Incorporate heatwave surge response planning into business continuity planning. |
REC286-2068 | 24 - Govt responsibility | Develop a disaster client record system. |
REC286-2019 | 24 - Govt responsibility | Assess water supply resilience in the case of an interruption. |
REC286-2067 | 24 - Govt responsibility | Improve integration of health information systems. |
Rec-ID | Code | Recommendation |
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REC241-0973 | 17 - Assets and technology | That all land on which rural fire brigade sheds are located be re-evaluated to formalise enforceable lease agreements. |
REC241-1001 | 24 - Govt responsibility | That the extent of forest and plantation fuel load fire risk in South East Queensland requires a designated government resources fire team to manage this risk and proactively conduct fuel mitigation burning; and provide a wildfire response to government land. |
REC241-1026 | 17 - Assets and technology | That the Rural Fire Service Queensland catalogue accurately reflects the range of equipment available. |
REC241-1039 | 17 - Assets and technology | That the State Government supply and logistics for Personal Protective Equipment and other equipment be urgently reviewed with a focus on timely and cost effective delivery to volunteer members. |
REC241-0970 | 17 - Assets and technology | That RFSQ retain responsibility for Air Operations and re-evaluate avenues for cost recovery when aircraft are used by other agencies. The coordination of incendiary tasking to support mitigation should sit with the RFSQ in coordination with other agencies |
REC241-0979 | 24 - Govt responsibility | That the Queensland Government liaise with the Federal Government with a view to securing incentives for employers that recognise loss of income and employee time for emergency operations. |
REC241-1025 | 17 - Assets and technology | That an ‘Options Paper’ be developed by District Inspectors on the suitability and supply of PPE and equipment to volunteers for their district. |
REC241-1036 | 17 - Assets and technology | That each District Inspector prepare a report on vehicles required over the next ten years based on current age of fleet. |
REC241-0997 | 5 - Hazard reduction burns | That the electronic fire permit system used in the Mackay District be made available across the state for Fire Wardens who wish to use it. |
REC241-0954 | 24 - Govt responsibility | That a Ministerial Advisory Council be established to inform the Minister of matters relating to Rural Fire Service and SES volunteers. |
REC241-1024 | 17 - Assets and technology | That the Rural Fire Service Queensland revoke its current 20 year maximum age policy on volunteer Brigade vehicles to allow Brigades wanting to retain their vehicle to do so, providing the vehicle has an annual mechanical certificate. A 30 year maximum age policy for vehicles will replace the 20 year policy. |
REC241-1029 | 17 - Assets and technology | That a policy be developed around the ownership, insurance and safe use and operation of All Terrain Vehicle 4WD vehicles by brigades for fire fighting purposes. |
REC241-0996 | 5 - Hazard reduction burns | That Section 66 (2) of the Fire and Rescue Service Act 1990 relating to the exemption for issuing of permits to burn in State Forests, National Parks and Reserves is withdrawn and Departments must work within the District Fire Management Plan. |
REC241-1012 | 17 - Assets and technology | Use of private aircraft to be at the discretion of District Inspector or Incident Control and reimbursement of fuel to be authorised accordingly. |
REC241-1028 | 17 - Assets and technology | That vehicles are fit for the purpose and the Brigade locality for which they are intended. A group of two volunteers, in conjunction with the Rural Fire Brigades Association Queensland, should be charged with reviewing current models and providing Recommendations on vehicle suitability. |
REC241-0995 | 5 - Hazard reduction burns | At the next reprint of the ‘Permit to Light Fire’ book, the requirement to notify neighbours when applying for a permit is reinstated to properly reflect the requirement under the Fire and Rescue Service Act 1990. |
REC241-1009 | 17 - Assets and technology | That the reflective livery on Rural Fire Service Queensland staff vehicles be kept to a minimum of a light bar and affixed Rural Fire Service Queensland logo. These vehicles are to be appropriate to the task and location. |
REC241-1027 | 17 - Assets and technology | That Rural Fire Service Queensland, in consultation with Primary Producer Brigade volunteers, redesign and reconfigure slip-on units to bring the total cost below the level required for asset registration. The redesign should allow for the foam system to be optional. |
REC241-0994 | 5 - Hazard reduction burns | That the Rural Fire Service Queensland needs to provide greater emphasis and acknowledgement of the use of fire as a tool in sustainable land management. |
REC241-1042 | 17 - Assets and technology | The issue of red and blue lights for RFSQ and SES vehicles be further pursued by the Department of Community Safety |
Rec-ID | Code | Recommendation |
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REC210-0706 | 24 - Govt responsibility | The Department of Environment and Resource Management should prepare a list of relevant considerations to be taken into account in performing a risk assessment to decide which sites to inspect. Bureau of Meteorology forecasts should be one consideration. |
REC210-0765 | 24 - Govt responsibility | As part of the longer term review of the Manual of Operational Procedures for Flood Mitigation at Wivenhoe Dam and Somerset Dam, the Queensland Government should consider the impact of possible upgrades of bridges downstream of Wivenhoe Dam on different operating strategies for the dam. |
REC210-0715 | 24 - Govt responsibility | The Queensland Government should prepare a procedural guide for officers deciding whether to grant a relaxation of environmental authority conditions, by transitional environmental program or otherwise, with guidance as to: • the meaning of each criterion • examples of the types of things that may be relevant to each criterion • the priority, if any, to be afforded to different criteria. |
REC210-0745 | 24 - Govt responsibility | The Queensland Government should ensure that all flood mitigation manuals include the requirement that those operating the dam during flood events hold current registrations as professional engineers. |
REC210-0620 | 24 - Govt responsibility | The Queensland Government should determine whether existing guidelines are sufficient for councils to understand best practice in the performance of flood studies and the production of flood maps. If a lack of current guidelines is identified, the government should create and circulate guidance material for councils. |
REC210-0764 | 24 - Govt responsibility | The Department of Transport and Main Roads, in conjunction with Brisbane City Council and Somerset Regional Council, should investigate options for the upgrade of Brisbane River crossings between Wivenhoe Dam and Colleges Crossing and undertake a cost-benefit analysis of these to determine the outcome which best serves the public interest. |
REC210-0713 | 24 - Govt responsibility | The Queensland Government should refine the criteria which must be considered in assessment of applications for relaxation of environmental authority conditions, by transitional environmental program or otherwise, in response to flood. |
REC210-0742 | 24 - Govt responsibility | The Queensland Government should ensure that, when it considers options for the operational strategies to |
REC210-0619 | 24 - Govt responsibility | In the event that the review does not adequately account for Queensland conditions, the Queensland Government should produce a document that provides appropriate guidelines for floodplain management in the Queensland context. |
REC210-0753 | 24 - Govt responsibility | The Department of Environment and Resource Management should prepare formal work procedures for the review of flood event reports created under emergency action plans and flood mitigation manuals. These should include procedures for: • making enquiries with the owners of referable dams that have catchments that have been subject to heavy rainfall (or where there is other reason to believe the emergency action plan has been triggered) as to whether the emergency action plans have been triggered • reminding owners of referable dams that have had emergency action plans triggered of their obligation to submit a flood event report • upon receipt of a flood event report, reviewing it, identifying any dam safety or other issues or areas where insufficient detail has been provided, raising those matters with the dam owner or other affected party and identifying appropriate remedial steps 28 Queensland Floods Commission of Inquiry | Final Report Complete list of Final Report recommendations • raising any issues identified in the report that are beyond the expertise of the Department of Environment and Resource Management, or are likely to be of particular interest to another body, with the appropriate body • keeping a record of the process and results of the review of the flood event report • fixing an appropriate timeline for the completion of each of the above steps: the time required may depend on specific circumstances, but must allow for any potential safety issues to be identified and remedied efficiently. |
REC210-0711 | 24 - Govt responsibility | Unless the Department of Environment and Resource Management has decided not to permit discharges, it should assist each mine operator in its application for an environmental authority to ensure, as far as possible, that each authority includes provisions for discharges during times of heavy rainfall and flood. |
REC210-0720 | 24 - Govt responsibility | The Queensland Government should determine which of its agencies should take responsibility for the management of all existing and new abandoned mine sites in Queensland. |
REC210-0618 | 24 - Govt responsibility | The Queensland Government should endeavour to ensure that Queensland conditions are appropriately considered in the National Flood Risk Advisory Group’s review of best practice principles. |
REC210-0752 | 24 - Govt responsibility | Prior to approving a flood mitigation manual, the Queensland Government should be satisfied that its terms are expressed in a manner that allows a determination of compliance with it to be made by reference to objective standards. |
REC210-0710 | 24 - Govt responsibility | The Department of Environment and Resource Management should assist mine operators in their applications for amended environmental authorities to ensure, as far as possible, that each environmental authority contains a tailored version of Table 4 of the model conditions. The Department of Environment and Resource Management should provide to mining companies its monitoring data and its suggested values for Table 4 on the basis of an assessment of the catchment which takes into account the cumulative effect of different operators’ releases. |
REC210-0774 | 24 - Govt responsibility | The Department of Environment and Resource Management and Emergency Management Queensland should ensure that each has copies of current emergency action plans for all dams in Queensland. |
REC210-0718 | 24 - Govt responsibility | The Queensland Government should make public the procedural guide used by Department of Environment and Resource Management officers to decide whether to grant an emergency direction. |
REC210-0751 | 24 - Govt responsibility | The Queensland Government should continue to assess and review the adequacy of work procedures DS 5.1 and 5.3, having regard to the need for flood mitigation manuals to reflect the will of the executive. |
REC210-0707 | 24 - Govt responsibility | The Department of Environment and Resource Management should conduct risk assessments in time for site inspections, and the implementation of solutions to problems identified at inspections, to take place before 1 November of each year. |
REC210-0771 | 24 - Govt responsibility | The Queensland Government should, in consultation with the Department of Environment and Resource Management and Emergency Management Queensland, determine which agency is appropriate to review and approve emergency action plans for referable dams. |
REC210-0716 | 24 - Govt responsibility | The Queensland Government should make public the procedural guide used by Department of Environment and Resource Management officers to decide whether to grant a transitional environmental program. |
REC210-0748 | 24 - Govt responsibility | The Queensland Government should consider whether North Pine Dam should be operated as a flood mitigation dam when it considers possible operating strategies and full supply levels as part of the longer term review of the Manual of Operational Procedures for Flood Mitigation at North Pine Dam. |
Rec-ID | Code | Recommendation |
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REC181-0170 | 17 - Assets and technology | The Country Fire Authority and the Department of Sustainability and Environment amend their policies on aerial preparedness and standby arrangements, their dispatch protocols and the management of aircraft in order to do the following: ■ require that at locations that attract the risk assessment or preparedness level A on code red days all personnel needed for air operations must be on standby by 10.00 am; ■ establish a system that enables the dispatch of aircraft to fires in high-risk areas without requiring a request from an Incident Controller or the State Duty Officer. |
REC181-0185 | 20 - Role of police | Victoria Police continue to pursue a coordinated statewide approach to arson prevention and regularly review its approach to ensure that it contains the following elements: ■ high-level commitment from senior police; ■ a research program aimed at refining arson prevention and detection strategies; ■ centralised coordination that includes comprehensive training, periodic evaluation of arson prevention strategies and programs, and promotion of best-practice prevention approaches; ■ a requirement that all fire-prone police service areas have arson prevention plans and programs, according to their level of risk. |
REC181-0160 | 20 - Role of police | The State clarify whether, during major fires, Victoria Police should discharge its coordination functions from the State Emergency Response Coordination Centre or from the State Control Centre. |
REC181-0207 | 5 - Hazard reduction burns | The Department of Sustainability and Environment report annually on prescribed burning outcomes in a manner that meets public accountability objectives, including publishing details of targets, area burnt, funds expended on the program, and impacts on biodiversity. |
REC181-0173 | 7 - Inter-agency communication | The Country Fire Authority review and improve its communications strategy as a matter of priority and develop a program for identifying and responding to black spots in radio coverage. |
REC181-0171 | 17 - Assets and technology | The State, in conjunction with Emergency Management Australia and the Department of Defence, develop an agreement that allows Commonwealth aerial resources that are suitable for firefighting and support activities to be incorporated in preparedness plans and used on days of high fire risk. |
REC181-0206 | 5 - Hazard reduction burns | The State fund and commit to implementing a long-term program of prescribed burning based on an annual rolling target of 5 per cent minimum of public land. |
Rec-ID | Code | Recommendation |
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REC116-2109 | 24 - Govt responsibility | The Working Group recommends that participants in the exercises designed to test continuity of executive government plans and procedures should be the office holders themselves. |
REC116-2108 | 24 - Govt responsibility | The Working Group recommends that all States/Territories and the Australian Government should regularly (annually) test their continuity of executive government plans and contingencies. |
REC116-2126 | 24 - Govt responsibility | The Working Group recommends the Australian Emergency Management Committee note that: |
REC116-2105 | 24 - Govt responsibility | The Working Group recommends that the adequacy of existing national mortuary capability to meet the likely demands of a catastrophic disaster be assessed by State/Territory Coroners. This assessment should also consider the need for a mobile mortuary capability and involve discussions with the Australian Federal Police. |
REC116-2125 | 24 - Govt responsibility | The Working group recommends that the Australian Government take a leadership role with regard to addressing the national capability issues identified within this review. Further, that the States/Territories recognise and accept the collaborative nature of developing national capability and commit through engagement and consultation to assisting the Australian Government in this task. |
REC116-2123 | 24 - Govt responsibility | The Working Group recommends that the Australian Government consider developing an overarching whole of government disaster plan that clearly articulates authority, roles and responsibilities of agencies, inter-departmental committees and key officials, to link the range of existing Australian Government disaster plans. |
REC116-2118 | 24 - Govt responsibility | The Working Group recommends that State/Territory Recovery Committees review their membership to ensure that it is reflective of community needs, including representation from the Insurance Disaster Response Organisation. |
Rec-ID | Code | Recommendation |
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REC019-4152 | 5 - Hazard reduction burns | The Forests Department make every endeavour to improve and extend the practice of control burning to ensure that the forests receive the maximum protection practicable consistent with silvicultural requirements. |
REC019-4153 | 17 - Assets and technology | No opportunity be lost by the Forests Department to improve the efficiency of their fire fighting gangs, radio and other equipment in the light of the latest practical and scientific developments. |
REC019-4143 | 5 - Hazard reduction burns | It be made clear to all fire control officers that the conditions for burning prescribed in the Bush Fires Act are minimal only, and that it is their duty to prescribe such further conditions as will ensure that should unfavourable weather conditions un-expectedly develop a situation would not arise which the local bush fire control organisation could not reasonably be expected to handle. |
REC019-4142 | 5 - Hazard reduction burns | Landowners desiring to carry out developmental burns be required to inform the local authority sufficiently early to enable that body to direct them or request the local bush fire brigade to carry out protective burning around the area before the prohibited season starts. |
Rec-ID | Code | Recommendation |
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REC016_3949 | 17 - Assets and technology | It is recommended that the A.R.P. dams or earth tanks be kept filled during possible danger periods. |
Rec-ID | Code | Recommendation |
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REC015_3956 | 24 - Govt responsibility | It is strongly recommended that no public department of possible combination of public departments interested in forests should be permitted to gain control of this authority. |
REC015_3954 | 24 - Govt responsibility | It is recommended that each public department or body which may now or hereafter control forest areas be allowed to pursue its own policy of fire prevention and suppression. As each such body is responsible directly or indirectly to Parliament it must be allowed to carry its responsibility in its own manner. It is strongly recommended that no such department be given authority over any other body in matters relating to fire prevention or suppression. If it is ultimately shown that a department is unfit to discharge the duty involved other measures may be taken. |
Rec-ID | Code | Recommendation |
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REC013_3975 | 5 - Hazard reduction burns | To burn, where necessary, at least 33 feet where there is a risk of fire, on the outside of the railway fence, in conjunction with the railway employees. |
Rec-ID | Code | Recommendation |
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REC008-3986 | 17 - Assets and technology | The Commission recommends that every precaution be taken to keep water off electrical machinery. |
REC008-3985 | 17 - Assets and technology | The Commission recommends that conductors carrying currents at medium pressure should not be encased in wood in damp places. |
REC008-3989 | 17 - Assets and technology | The Commission recommends that there be continuous supervision of every chamber in which electrical machinery is worked by currents of medium pressure. |
REC008-3987 | 17 - Assets and technology | The Commission recommends that systematic tests be made and recorded of apparatus and circuits as a precaution against fire and so that any gradual deterioration of the system may be detected. |
Rec-ID | Code | Recommendation |
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REC004-3996 | 17 - Assets and technology | That the standard pattern of cinder arrester be affixed to the ash-pans in all locomotives during the summer months. |
REC004-3994 | 17 - Assets and technology | That the Railway Department, while gradually reducing the number of different types of locomotives, should steadily keep in view the adoption of English and American railway practice, by providing engines with larger boilers, fire boxers, and smoke-boxes, and with wide blast-pipes, in order to insure ample steaming power with a minimum of forced draught. |
REC004-3992 | 17 - Assets and technology | That the use of a spark-arrester and cinder-arrester by the Railway Department shall not constitute a defence to an action for damage caused by fire escaping from a locomotive, unless the Department proves that such spark-arrester and cinder-arrester were in a thoroughly efficient condition when the fire took place. |