❓ Hon. Nigel Hallett asks about land clearing allowances for bushfire protection on land bordering national parks, reserves, crown land, and state forests. The Attorney General, representing the Minister for Emergency Services, provides a detailed response referencing relevant legislation and departmental responsibilities.
AnsweredQoN 941Legislative Council
QuestionView source ↗
BUSHFIRES —
LAND CLEARING
941. Hon NIGEL HALLETT to the
Attorney General representing the Minister for Emergency Services:
Where a landowner's property adjoins public land, how
much land can be cleared for bushfire protection if the land is classified as —
(a) national park;
(b) reserve land;
(c) crown land; and
(d) state forest?
LAND CLEARING
941. Hon NIGEL HALLETT to the
Attorney General representing the Minister for Emergency Services:
Where a landowner's property adjoins public land, how
much land can be cleared for bushfire protection if the land is classified as —
(a) national park;
(b) reserve land;
(c) crown land; and
(d) state forest?
AnswerView source ↗
On behalf of the Minister for Emergency Services, I thank the
honourable member for some notice of the question.
(a) Refer to
the Department of Parks and Wildlife.
I think this means that it should
be referred to the department, so I presume what is being indicated is that the
question should be directed to the Minister for Environment.
(b) Under
section 18(9) of the Bush Fires Act 1954, a permit issued under section 18 may
authorise the owner or occupier of land to burn the bush on a road reserve
adjoining that land.
(c) Landholders
are permitted to prepare and maintain permanent firebreaks on crown land
bordering their property, other than road reserves, state forest and timber
reserves. Subject to those exceptions, section 34(1) of the Bush Fires Act 1954
allows the owner or occupier of land bordering on crown land to enter upon that
crown land to clear firebreaks, provided the firebreaks are no more than three
metres wide and are within 200 metres of the landowner's boundary.
Section 34 also allows the owner or occupier to burn the bush between those
firebreaks and the boundary of their land, as long as they obtain a permit from
a bushfire control officer—section 34(1AB)—and they do not
contravene the prohibited and restricted burning periods.
(d) Under
section 34(2) of the Bush Fires Act 1954, the Conservation and Land Management
Act chief executive officer can give notice in writing to the owner or occupier
of land adjoining state forest to undertake mitigation works on part of the
land of which he is the owner or occupier and which is nearest to the state
forest. Furthermore, the owner or occupier of land adjoining state forest can
reach an agreement with the CALM act CEO in regard to making firebreaks on
state forest land.
honourable member for some notice of the question.
(a) Refer to
the Department of Parks and Wildlife.
I think this means that it should
be referred to the department, so I presume what is being indicated is that the
question should be directed to the Minister for Environment.
(b) Under
section 18(9) of the Bush Fires Act 1954, a permit issued under section 18 may
authorise the owner or occupier of land to burn the bush on a road reserve
adjoining that land.
(c) Landholders
are permitted to prepare and maintain permanent firebreaks on crown land
bordering their property, other than road reserves, state forest and timber
reserves. Subject to those exceptions, section 34(1) of the Bush Fires Act 1954
allows the owner or occupier of land bordering on crown land to enter upon that
crown land to clear firebreaks, provided the firebreaks are no more than three
metres wide and are within 200 metres of the landowner's boundary.
Section 34 also allows the owner or occupier to burn the bush between those
firebreaks and the boundary of their land, as long as they obtain a permit from
a bushfire control officer—section 34(1AB)—and they do not
contravene the prohibited and restricted burning periods.
(d) Under
section 34(2) of the Bush Fires Act 1954, the Conservation and Land Management
Act chief executive officer can give notice in writing to the owner or occupier
of land adjoining state forest to undertake mitigation works on part of the
land of which he is the owner or occupier and which is nearest to the state
forest. Furthermore, the owner or occupier of land adjoining state forest can
reach an agreement with the CALM act CEO in regard to making firebreaks on
state forest land.
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