❓ This WA parliamentary question addresses the relationship between the Environmental Protection Act and various fire-related acts, specifically regarding land clearing for fire prevention. It clarifies exemptions to clearing permit requirements and discusses proposed regulations for firebreak widths.
AnsweredQoN 1522Legislative Council
QuestionView source ↗
(1) Does the Environmental Protection Act override - (a) section 26 of the Bush Fires Act 1954; (b) clearing that is done under section 34(a), (c) or (h) of the Fire Brigades Act 1942; (c) clearing that is done for fire prevention or control purposes or other management works on crown land within the meaning of the Land Administration Act 1997 by the Fire and Emergency Services Authority of Western Australia established under the Fire and Emergency Services Authority of Western Australia Act 1998? (2) If a clearing permit is not needed for the above, can private landowners clear a firebreak wider than five metres, as five metres is what is proposed in the draft regulations? Hon TOM STEPHENS
AnswerView source ↗
I thank the member for some notice of this question. (1) (a) Yes. However clearing that is done under section 26A of the Bush Fires Act 1954 - burning of declared plants during prohibited burning times - is exempt from requiring a clearing permit. (b) Yes. However, clearing that is done under section 34(a), (c) or (h) of the Fire Brigades Act 1942 is exempt from requiring a clearing permit. (c) Yes. However, clearing that is done for fire prevention or control purposes or other fire management works on crown land, within the meaning of the Land Administration Act 1997, by the Fire and Emergency Services Authority of Western Australia established under the Fire and Emergency Services Authority of Western Australia Act 1998 is exempt from requiring a clearing permit. (2) The drafting instructions for the clearing regulations are currently being developed and negotiated with stakeholders. The current version specifies a maximum width of five metres. Proposed schedule 6 to the amended Environmental Protection Act 1986 outlines a number of exemptions that are also relevant to fire control activities, some of which are outlined in the answers above.
(b) clearing that is done under section 34(a), (c) or (h) of the Fire Brigades Act 1942; (c) clearing that is done for fire prevention or control purposes or other management works on crown land within the meaning of the Land Administration Act 1997 by the Fire and Emergency Services Authority of Western Australia established under the Fire and Emergency Services Authority of Western Australia Act 1998?
(c) clearing that is done for fire prevention or control purposes or other management works on crown land within the meaning of the Land Administration Act 1997 by the Fire and Emergency Services Authority of Western Australia established under the Fire and Emergency Services Authority of Western Australia Act 1998?
Hon TOM STEPHENS replied: I thank the member for some notice of this question. (1) (a) Yes. However clearing that is done under section 26A of the Bush Fires Act 1954 - burning of declared plants during prohibited burning times - is exempt from requiring a clearing permit. (b) Yes. However, clearing that is done under section 34(a), (c) or (h) of the Fire Brigades Act 1942 is exempt from requiring a clearing permit. (c) Yes. However, clearing that is done for fire prevention or control purposes or other fire management works on crown land, within the meaning of the Land Administration Act 1997, by the Fire and Emergency Services Authority of Western Australia established under the Fire and Emergency Services Authority of Western Australia Act 1998 is exempt from requiring a clearing permit. (2) The drafting instructions for the clearing regulations are currently being developed and negotiated with stakeholders. The current version specifies a maximum width of five metres. Proposed schedule 6 to the amended Environmental Protection Act 1986 outlines a number of exemptions that are also relevant to fire control activities, some of which are outlined in the answers above.
I thank the member for some notice of this question. (1) (a) Yes. However clearing that is done under section 26A of the Bush Fires Act 1954 - burning of declared plants during prohibited burning times - is exempt from requiring a clearing permit. (b) Yes. However, clearing that is done under section 34(a), (c) or (h) of the Fire Brigades Act 1942 is exempt from requiring a clearing permit. (c) Yes. However, clearing that is done for fire prevention or control purposes or other fire management works on crown land, within the meaning of the Land Administration Act 1997, by the Fire and Emergency Services Authority of Western Australia established under the Fire and Emergency Services Authority of Western Australia Act 1998 is exempt from requiring a clearing permit. (2) The drafting instructions for the clearing regulations are currently being developed and negotiated with stakeholders. The current version specifies a maximum width of five metres. Proposed schedule 6 to the amended Environmental Protection Act 1986 outlines a number of exemptions that are also relevant to fire control activities, some of which are outlined in the answers above.
(1) (a) Yes. However clearing that is done under section 26A of the Bush Fires Act 1954 - burning of declared plants during prohibited burning times - is exempt from requiring a clearing permit. (b) Yes. However, clearing that is done under section 34(a), (c) or (h) of the Fire Brigades Act 1942 is exempt from requiring a clearing permit. (c) Yes. However, clearing that is done for fire prevention or control purposes or other fire management works on crown land, within the meaning of the Land Administration Act 1997, by the Fire and Emergency Services Authority of Western Australia established under the Fire and Emergency Services Authority of Western Australia Act 1998 is exempt from requiring a clearing permit. (2) The drafting instructions for the clearing regulations are currently being developed and negotiated with stakeholders. The current version specifies a maximum width of five metres. Proposed schedule 6 to the amended Environmental Protection Act 1986 outlines a number of exemptions that are also relevant to fire control activities, some of which are outlined in the answers above.
(c) Yes. However, clearing that is done for fire prevention or control purposes or other fire management works on crown land, within the meaning of the Land Administration Act 1997, by the Fire and Emergency Services Authority of Western Australia established under the Fire and Emergency Services Authority of Western Australia Act 1998 is exempt from requiring a clearing permit.
(b) clearing that is done under section 34(a), (c) or (h) of the Fire Brigades Act 1942; (c) clearing that is done for fire prevention or control purposes or other management works on crown land within the meaning of the Land Administration Act 1997 by the Fire and Emergency Services Authority of Western Australia established under the Fire and Emergency Services Authority of Western Australia Act 1998?
(c) clearing that is done for fire prevention or control purposes or other management works on crown land within the meaning of the Land Administration Act 1997 by the Fire and Emergency Services Authority of Western Australia established under the Fire and Emergency Services Authority of Western Australia Act 1998?
Hon TOM STEPHENS replied: I thank the member for some notice of this question. (1) (a) Yes. However clearing that is done under section 26A of the Bush Fires Act 1954 - burning of declared plants during prohibited burning times - is exempt from requiring a clearing permit. (b) Yes. However, clearing that is done under section 34(a), (c) or (h) of the Fire Brigades Act 1942 is exempt from requiring a clearing permit. (c) Yes. However, clearing that is done for fire prevention or control purposes or other fire management works on crown land, within the meaning of the Land Administration Act 1997, by the Fire and Emergency Services Authority of Western Australia established under the Fire and Emergency Services Authority of Western Australia Act 1998 is exempt from requiring a clearing permit. (2) The drafting instructions for the clearing regulations are currently being developed and negotiated with stakeholders. The current version specifies a maximum width of five metres. Proposed schedule 6 to the amended Environmental Protection Act 1986 outlines a number of exemptions that are also relevant to fire control activities, some of which are outlined in the answers above.
I thank the member for some notice of this question. (1) (a) Yes. However clearing that is done under section 26A of the Bush Fires Act 1954 - burning of declared plants during prohibited burning times - is exempt from requiring a clearing permit. (b) Yes. However, clearing that is done under section 34(a), (c) or (h) of the Fire Brigades Act 1942 is exempt from requiring a clearing permit. (c) Yes. However, clearing that is done for fire prevention or control purposes or other fire management works on crown land, within the meaning of the Land Administration Act 1997, by the Fire and Emergency Services Authority of Western Australia established under the Fire and Emergency Services Authority of Western Australia Act 1998 is exempt from requiring a clearing permit. (2) The drafting instructions for the clearing regulations are currently being developed and negotiated with stakeholders. The current version specifies a maximum width of five metres. Proposed schedule 6 to the amended Environmental Protection Act 1986 outlines a number of exemptions that are also relevant to fire control activities, some of which are outlined in the answers above.
(1) (a) Yes. However clearing that is done under section 26A of the Bush Fires Act 1954 - burning of declared plants during prohibited burning times - is exempt from requiring a clearing permit. (b) Yes. However, clearing that is done under section 34(a), (c) or (h) of the Fire Brigades Act 1942 is exempt from requiring a clearing permit. (c) Yes. However, clearing that is done for fire prevention or control purposes or other fire management works on crown land, within the meaning of the Land Administration Act 1997, by the Fire and Emergency Services Authority of Western Australia established under the Fire and Emergency Services Authority of Western Australia Act 1998 is exempt from requiring a clearing permit. (2) The drafting instructions for the clearing regulations are currently being developed and negotiated with stakeholders. The current version specifies a maximum width of five metres. Proposed schedule 6 to the amended Environmental Protection Act 1986 outlines a number of exemptions that are also relevant to fire control activities, some of which are outlined in the answers above.
(c) Yes. However, clearing that is done for fire prevention or control purposes or other fire management works on crown land, within the meaning of the Land Administration Act 1997, by the Fire and Emergency Services Authority of Western Australia established under the Fire and Emergency Services Authority of Western Australia Act 1998 is exempt from requiring a clearing permit.
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