❓ A parliamentary question regarding a bushfire potentially caused by a Forest Products Commission contractor and the associated fire risk assessments, liability, and insurance. The Minister's response addresses the concerns raised.
AnsweredQoN 837Legislative Council
QuestionView source ↗
FOREST PRODUCTS COMMISSION
— HARVEST — FIRE RISK ASSESSMENT
837. Hon COLIN de GRUSSA to the minister representing the
Minister for Forestry:
I
refer to the February 2019 Lewana bushfire, incident 423437, which was
considered to be caused by a Forest Products Commission contractor's
plantation harvesting equipment.
(1) What is
considered when undertaking a fire risk assessment prior to commencing a harvest
operation, and were all conditions met on this occasion?
(2) What was
taken into consideration when determining whether a manned or unmanned fire
truck was required on the day?
(3) Given the
harvest is a commercial venture of the Forest Products Commission, how does the
government justify the application of the Conservation and Land Management Act
1984 provision, ''Protection from personal liability''?
(4) What public
liability insurance does an FPC contractor need to have, and was this in place
prior to the commencement of the harvest?
— HARVEST — FIRE RISK ASSESSMENT
837. Hon COLIN de GRUSSA to the minister representing the
Minister for Forestry:
I
refer to the February 2019 Lewana bushfire, incident 423437, which was
considered to be caused by a Forest Products Commission contractor's
plantation harvesting equipment.
(1) What is
considered when undertaking a fire risk assessment prior to commencing a harvest
operation, and were all conditions met on this occasion?
(2) What was
taken into consideration when determining whether a manned or unmanned fire
truck was required on the day?
(3) Given the
harvest is a commercial venture of the Forest Products Commission, how does the
government justify the application of the Conservation and Land Management Act
1984 provision, ''Protection from personal liability''?
(4) What public
liability insurance does an FPC contractor need to have, and was this in place
prior to the commencement of the harvest?
AnswerView source ↗
I thank the member for the question.
The following information has been provided by the Minister for Forestry.
(1) Daily
operational restrictions are determined in consideration of the forecast fire
danger index, the level of hazard associated with the specific site conditions
and the risk posed by the operation type. These conditions were met on this
occasion.
(2) The
factors described in part (1) were taken into consideration when determining
whether a manned or unmanned fire truck was required on the day.
(3) The
Conservation and Land Management Act 1984 protection from personal liability
provisions do not apply to the Forest Products Commission and the commission
does not seek to rely upon them.
(4) FPC harvest
contractors are required to have public liability insurance with a minimum
cover of $20 million for any occurrence and unlimited in the aggregate. Yes,
all contractors are required to have insurance in place before contracts are
awarded.
The following information has been provided by the Minister for Forestry.
(1) Daily
operational restrictions are determined in consideration of the forecast fire
danger index, the level of hazard associated with the specific site conditions
and the risk posed by the operation type. These conditions were met on this
occasion.
(2) The
factors described in part (1) were taken into consideration when determining
whether a manned or unmanned fire truck was required on the day.
(3) The
Conservation and Land Management Act 1984 protection from personal liability
provisions do not apply to the Forest Products Commission and the commission
does not seek to rely upon them.
(4) FPC harvest
contractors are required to have public liability insurance with a minimum
cover of $20 million for any occurrence and unlimited in the aggregate. Yes,
all contractors are required to have insurance in place before contracts are
awarded.
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