❓ Hon. Nigel Hallett asks about landholders' rights to create firebreaks on crown land and the legal protections for emergency personnel fighting fires on crown land. The Attorney General, representing the Minister for Emergency Services, clarifies existing regulations and powers.
AnsweredQoN 759Legislative Council
Asked
23 August 2016
Member
Portfolio
Attorney General representing the Minister for Emergency Services
QuestionView source ↗
CROWN LAND — PERMANENT FIREBREAKS
759. Hon NIGEL HALLETT to the Attorney General
representing the Minister for Emergency Services:
(1) What steps
has the government taken to allow landholders to prepare and maintain permanent
firebreaks on crown land bordering farming properties?
(2) When does the
minister intend to grant powers for land management agencies, fire authorities
and bushfire volunteers to enter crown land for the purpose of extinguishing
fires without fear of prosecution?
759. Hon NIGEL HALLETT to the Attorney General
representing the Minister for Emergency Services:
(1) What steps
has the government taken to allow landholders to prepare and maintain permanent
firebreaks on crown land bordering farming properties?
(2) When does the
minister intend to grant powers for land management agencies, fire authorities
and bushfire volunteers to enter crown land for the purpose of extinguishing
fires without fear of prosecution?
AnswerView source ↗
On behalf of the Minister for Emergency
Services I thank the honourable member for some notice of the question.
(1) Landholders
are currently 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 bush fire control officer under section 34(1AB) and they do not contravene
the prohibited and restricted burning periods.
(2) These powers
already exist. This power is provided by section 39A of the Bush Fires Act
1954, when an outbreak of a bushfire has been lit or maintained unlawfully;
occurred accidentally; ceased to be under control or is not adequately controlled;
or has been declared in the regulations as a bushfire to which this section
applies. Bushfire control officers, bush fire brigade officers or bush fire
brigade members may, subject to the Bush Fires Act 1954, take charge of the
operations for controlling and extinguishing the bushfire or for preventing the
spread or extension of the fire. When a bushfire control officer is carrying
out a function or duty as set out in section 39A, section 39(1)(c) of the Bush
Fires Act 1954 allows them to enter any land, whether or not it is private
property.
Services I thank the honourable member for some notice of the question.
(1) Landholders
are currently 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 bush fire control officer under section 34(1AB) and they do not contravene
the prohibited and restricted burning periods.
(2) These powers
already exist. This power is provided by section 39A of the Bush Fires Act
1954, when an outbreak of a bushfire has been lit or maintained unlawfully;
occurred accidentally; ceased to be under control or is not adequately controlled;
or has been declared in the regulations as a bushfire to which this section
applies. Bushfire control officers, bush fire brigade officers or bush fire
brigade members may, subject to the Bush Fires Act 1954, take charge of the
operations for controlling and extinguishing the bushfire or for preventing the
spread or extension of the fire. When a bushfire control officer is carrying
out a function or duty as set out in section 39A, section 39(1)(c) of the Bush
Fires Act 1954 allows them to enter any land, whether or not it is private
property.
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