A parliamentary question addresses the interaction between environmental protection laws and fire management practices, specifically regarding private landowners' ability to conduct controlled burns and the precedence of different Acts.

AnsweredQoN 345Legislative Council
Asked
13 May 2004
Portfolio
Environment

QuestionView source ↗

I refer to the Environmental Protection Amendment Act 2003. (1) Will private landowners be able to set fire to native vegetation for regeneration purposes or to keep the forest fuel down? (2) Will the minister detail how the Bush Fires Act 1954 and the Fire Brigades Act 1942 work with the Environmental Protection Amendment Act in fire control situations? (3) Does the Environmental Protection Amendment Act take precedence over the Bush Fires Act 1954 and the Fire Brigades Act 1942; and, if so, how? Hon TOM STEPHENS

AnswerView source ↗

The Minister for the Environment has provided the following response - (1) It is proposed that the Environmental Protection (Clearing of Native Vegetation) Regulations will contain an exemption to allow burning for hazard reduction when it does not result in a change of land use. (2) New environmental regulations will not impact on fire suppression and approved prevention practices. Exemptions to the requirement for a clearing permit relating to fire control and management under the Bush Fires Act 1954, the Fire Brigades Act 1942 and the Fire and Emergency Services Authority of Western Australia Act 1998 are outlined in schedule 6 of the Environmental Protection Amendment Act 2003. (3) As outlined above, acting under the authority of these Acts in accordance with schedule 6 provides an exemption to the clearing provisions.
(1) Will private landowners be able to set fire to native vegetation for regeneration purposes or to keep the forest fuel down? (2) Will the minister detail how the Bush Fires Act 1954 and the Fire Brigades Act 1942 work with the Environmental Protection Amendment Act in fire control situations? (3) Does the Environmental Protection Amendment Act take precedence over the Bush Fires Act 1954 and the Fire Brigades Act 1942; and, if so, how? Hon TOM STEPHENS replied: The Minister for the Environment has provided the following response - (1) It is proposed that the Environmental Protection (Clearing of Native Vegetation) Regulations will contain an exemption to allow burning for hazard reduction when it does not result in a change of land use. (2) New environmental regulations will not impact on fire suppression and approved prevention practices. Exemptions to the requirement for a clearing permit relating to fire control and management under the Bush Fires Act 1954, the Fire Brigades Act 1942 and the Fire and Emergency Services Authority of Western Australia Act 1998 are outlined in schedule 6 of the Environmental Protection Amendment Act 2003. (3) As outlined above, acting under the authority of these Acts in accordance with schedule 6 provides an exemption to the clearing provisions.
(2) Will the minister detail how the Bush Fires Act 1954 and the Fire Brigades Act 1942 work with the Environmental Protection Amendment Act in fire control situations? (3) Does the Environmental Protection Amendment Act take precedence over the Bush Fires Act 1954 and the Fire Brigades Act 1942; and, if so, how? Hon TOM STEPHENS replied: The Minister for the Environment has provided the following response - (1) It is proposed that the Environmental Protection (Clearing of Native Vegetation) Regulations will contain an exemption to allow burning for hazard reduction when it does not result in a change of land use. (2) New environmental regulations will not impact on fire suppression and approved prevention practices. Exemptions to the requirement for a clearing permit relating to fire control and management under the Bush Fires Act 1954, the Fire Brigades Act 1942 and the Fire and Emergency Services Authority of Western Australia Act 1998 are outlined in schedule 6 of the Environmental Protection Amendment Act 2003. (3) As outlined above, acting under the authority of these Acts in accordance with schedule 6 provides an exemption to the clearing provisions.
(3) Does the Environmental Protection Amendment Act take precedence over the Bush Fires Act 1954 and the Fire Brigades Act 1942; and, if so, how? Hon TOM STEPHENS replied: The Minister for the Environment has provided the following response - (1) It is proposed that the Environmental Protection (Clearing of Native Vegetation) Regulations will contain an exemption to allow burning for hazard reduction when it does not result in a change of land use. (2) New environmental regulations will not impact on fire suppression and approved prevention practices. Exemptions to the requirement for a clearing permit relating to fire control and management under the Bush Fires Act 1954, the Fire Brigades Act 1942 and the Fire and Emergency Services Authority of Western Australia Act 1998 are outlined in schedule 6 of the Environmental Protection Amendment Act 2003. (3) As outlined above, acting under the authority of these Acts in accordance with schedule 6 provides an exemption to the clearing provisions.
Hon TOM STEPHENS replied: The Minister for the Environment has provided the following response - (1) It is proposed that the Environmental Protection (Clearing of Native Vegetation) Regulations will contain an exemption to allow burning for hazard reduction when it does not result in a change of land use. (2) New environmental regulations will not impact on fire suppression and approved prevention practices. Exemptions to the requirement for a clearing permit relating to fire control and management under the Bush Fires Act 1954, the Fire Brigades Act 1942 and the Fire and Emergency Services Authority of Western Australia Act 1998 are outlined in schedule 6 of the Environmental Protection Amendment Act 2003. (3) As outlined above, acting under the authority of these Acts in accordance with schedule 6 provides an exemption to the clearing provisions.
The Minister for the Environment has provided the following response - (1) It is proposed that the Environmental Protection (Clearing of Native Vegetation) Regulations will contain an exemption to allow burning for hazard reduction when it does not result in a change of land use. (2) New environmental regulations will not impact on fire suppression and approved prevention practices. Exemptions to the requirement for a clearing permit relating to fire control and management under the Bush Fires Act 1954, the Fire Brigades Act 1942 and the Fire and Emergency Services Authority of Western Australia Act 1998 are outlined in schedule 6 of the Environmental Protection Amendment Act 2003. (3) As outlined above, acting under the authority of these Acts in accordance with schedule 6 provides an exemption to the clearing provisions.
(1) It is proposed that the Environmental Protection (Clearing of Native Vegetation) Regulations will contain an exemption to allow burning for hazard reduction when it does not result in a change of land use. (2) New environmental regulations will not impact on fire suppression and approved prevention practices. Exemptions to the requirement for a clearing permit relating to fire control and management under the Bush Fires Act 1954, the Fire Brigades Act 1942 and the Fire and Emergency Services Authority of Western Australia Act 1998 are outlined in schedule 6 of the Environmental Protection Amendment Act 2003. (3) As outlined above, acting under the authority of these Acts in accordance with schedule 6 provides an exemption to the clearing provisions.
(2) New environmental regulations will not impact on fire suppression and approved prevention practices. Exemptions to the requirement for a clearing permit relating to fire control and management under the Bush Fires Act 1954, the Fire Brigades Act 1942 and the Fire and Emergency Services Authority of Western Australia Act 1998 are outlined in schedule 6 of the Environmental Protection Amendment Act 2003. (3) As outlined above, acting under the authority of these Acts in accordance with schedule 6 provides an exemption to the clearing provisions.
(3) As outlined above, acting under the authority of these Acts in accordance with schedule 6 provides an exemption to the clearing provisions.

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