❓ A WA parliamentary question addresses fires caused by plantation harvesting equipment and the applicability of the 'good neighbour policy'. The response clarifies the policy's status, its relevance in light of legislative changes, and insurance coverage for losses.
AnsweredQoN 5339Legislative Assembly
QuestionView source ↗
I refer to recent fires in the Nannup, Donnybrook, Balingup and Bridgetown Greenbushes shire in May and June this year (incident numbers 423437 and 085, 086, 087) identified as fires started by plantation harvesting equipment, and ask: (a) What is the status of the ‘good neighbour policy’ as identified on the Department of Biodiversity, Conservation and Attractions' (DBCA) website under policies and legislation; (b) Has the good neighbour policy been revoked: (i) If yes, when was it revoked and why; (ii) If yes, did the Minister authorise its revocation; and (iii) If yes, why is it still listed on the DBCA website under policies and legislation; (c) Is section 1.1.8 of the good neighbour policy relevant to these recent fires: (i) If not, why not; and (ii) If yes, in what way is it relevant; (d) If the good neighbour policy is not active, or has been reviewed, what legislation or policies are relevant for the circumstances of fires started by harvesting equipment in plantations adjacent to landowners impacted by said fires; (e) Are losses sustained from fires started by plantation harvesting equipment operated by Forest Products Commission contractors covered by insurances of the harvesting contractors or insurances of the appropriate agency; and (f) What actions is the Minister taking to resolve losses incurred as a result of fires started in plantations by harvesting operations?
AnswerView source ↗
Answered
18 September 2019
Responded by
Minister for Environment
Response time
12 days
Incident 423437 was the Lewana Plantation fire that occurred on 19 February 2019 that is considered to be the result of an accidental ignition by a Forest Products Commission contractor’s plantation harvesting equipment.
Incidents BWD_085, BWD_086 and BWD_087 were pine debris heap burn escapes that resulted from severe weather conditions that occurred on 6 June 2019. The Department of Biodiversity, Conservation and Attractions’ Parks and Wildlife Service commenced heap burns in the plantations on behalf of the Forest Products Commission as part of its annual autumn burn program following widespread rain that occurred over the South West Land Division.
(a) The Department of Biodiversity, Conservation and Attractions’ (DBCA) Good Neighbour Policy (2007) remains in place, however it is in the process of being updated following consultation with key stakeholders.
(b) No.
(i)-(iii) Not applicable.
(c) Yes.
(i) Not applicable.
(ii) DBCA’s Good Neighbour Policy came into effect in July 2007, however following legislative changes made by the previous Liberal National Government that came into effect in May 2016, the State’s protection from liability in relation to preventing, managing or controlling fire on land to which the Conservation and Land Management Act 1984 applies has increased. As a result of these legislative changes, DBCA’s Good Neighbour Policy is only applicable following the consideration and application of any statutory obligations. Where DBCA fire management operations directly impact neighbouring fences, DBCA will consider on a case by case basis undertaking minor repairs to a standard similar to what was in place prior to the fire impact. DBCA’s updated Good Neighbour Policy will reflect the legislative changes that came into effect in May 2016.
(d) DBCA’s Good Neighbour Policy remains in place, however it is not applicable to business activities undertaken by the Forest Products Commission (FPC).
(e) The Minister for Forestry has advised that FPC contractors are required to have current insurance policies in place. Whether or not an insurance policy responds to a particular event or loss are issues that should be referred to the contractors or their insurers. The FPC is covered by the Insurance Commission of Western Australia’s Government Insurance Division.
(f) The Minister for Forestry has advised that the FPC deals directly with claimants either through its own agency or through the Insurance Commission of WA’s Government Insurance Division.
Incidents BWD_085, BWD_086 and BWD_087 were pine debris heap burn escapes that resulted from severe weather conditions that occurred on 6 June 2019. The Department of Biodiversity, Conservation and Attractions’ Parks and Wildlife Service commenced heap burns in the plantations on behalf of the Forest Products Commission as part of its annual autumn burn program following widespread rain that occurred over the South West Land Division.
(a) The Department of Biodiversity, Conservation and Attractions’ (DBCA) Good Neighbour Policy (2007) remains in place, however it is in the process of being updated following consultation with key stakeholders.
(b) No.
(i)-(iii) Not applicable.
(c) Yes.
(i) Not applicable.
(ii) DBCA’s Good Neighbour Policy came into effect in July 2007, however following legislative changes made by the previous Liberal National Government that came into effect in May 2016, the State’s protection from liability in relation to preventing, managing or controlling fire on land to which the Conservation and Land Management Act 1984 applies has increased. As a result of these legislative changes, DBCA’s Good Neighbour Policy is only applicable following the consideration and application of any statutory obligations. Where DBCA fire management operations directly impact neighbouring fences, DBCA will consider on a case by case basis undertaking minor repairs to a standard similar to what was in place prior to the fire impact. DBCA’s updated Good Neighbour Policy will reflect the legislative changes that came into effect in May 2016.
(d) DBCA’s Good Neighbour Policy remains in place, however it is not applicable to business activities undertaken by the Forest Products Commission (FPC).
(e) The Minister for Forestry has advised that FPC contractors are required to have current insurance policies in place. Whether or not an insurance policy responds to a particular event or loss are issues that should be referred to the contractors or their insurers. The FPC is covered by the Insurance Commission of Western Australia’s Government Insurance Division.
(f) The Minister for Forestry has advised that the FPC deals directly with claimants either through its own agency or through the Insurance Commission of WA’s Government Insurance Division.
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