RSCH.016.001.1136 - 2009 Victorian Bushfires Royal Commission

RSCH.016.001.1159
Bushfires 19
The owner or occupier of land that adjoins any unoccupied Crown land or Crown land that
is not excluded or reserved under the National Parks and Wildlife Act may enter on the land
for the purpose of undertaking bush fire hazard reduction work for not more than six metres
wide along the boundary of the land (section 80).
Division four of the Act provides for the declaration of bush fire danger periods, and
division five provides for fire permits and requirements. Generally bushfire danger periods
are declared from the beginning of October to the end of March each year. During this
period, a person who wishes to light a fire for land clearance or other purposes is required
to obtain a permit, and failure to do so may attract a maximum penalty of 50 penalty units
($5,500) or 12 months imprisonment.
The Act also states that a person who lights a fire on land for the purpose of land clearance
or for burning any fire break, or in circumstances in which doing so would be likely to be
dangerous to any building, is guilty of an offence unless the prescribed notice has been
given. The maximum penalty is 50 penalty units ($5,500) or 12 months imprisonment. The
same offence applies for the lighting of a fire within a local government area that is in a fire
district in which doing so would be likely to be dangerous to any building.
The Minister may declare a total fire ban, and if a person fails to comply a penalty of $5,500
or 12 months sentence is prescribed. The most serious offence in the Act is that of setting
fire to land or property of another person, the Crown or any public authority, or being the
owner or occupier of land, permits a fire to escape. The maximum penalty is $110,000 or
a five year sentence (section 100).
Part 5 of the Act provides for the NSW Rural Fire Fighting Fund, and requires local
councils, insurance companies and the State Government to contribute to the costs of rural
fire brigade expenditure. The Act specifies that the Treasurer must contribute 13 percent
of the amount required to the Fund, local councils are required to fund 13.3 percent, and
insurance companies 73.7 percent. The Rural Fire Service budget for the year 2000-2001
exceeded $93 million. In its submission to the Legislative Council Inquiry into the Service,
it was noted:
The Rural Firefighting Fund has enjoyed spectacular growth, rising from $20.3 million
in 1990/91, to $50.7 million in 94/95 and $80.4 million in 1999/00…Total allocation in
the first 5 year period was $160 million rising to $346 million in the second period, an
overall increase of 116%.
The Service believes that the commitment of funding, particularly to improve the State
tanker fleet, but also to acquire other firefighting equipment and protective clothing is the
basic foundation on which a successful fire management enterprise is based. 45
Part 6 of the Act provides for the establishment of a Rural Fire Service Advisory Council,
comprised of nine members. The Council may advise the Minister and Commissioner on any
45
NSW Legislative Council, General Purpose Standing Committee No 5, Report on Inquiry into
the NSW Rural Fire Service. Report No 6 June 2000 at 34.