Div 7Safety and fire prevention

Division 7—Safety and fire prevention 18—Clearance or taking under Emergency Management Act 2004 Clearance or taking of native plants by the State Co‑ordinator or an authorised officer acting under section 25 of the Emergency Management Act 2004. 19—Clearance or taking for purposes of Fire and Emergency Services Act 2005 Clearance or taking of native plants undertaken by or in accordance with a direction or determination of— (a) an officer of SAMFS exercising a power conferred under section 42 of the Fire and Emergency Services Act 2005; or (b) an officer of SACFS exercising a power conferred under section 82 or 97 of the Fire and Emergency Services Act 2005; or (c) an officer of SASES exercising a power conferred under section 118 of the Fire and Emergency Services Act 2005. 20—Safety of persons and property Clearance or taking of a native plant exceeding 2 m in height if— (a) there is a danger that the plant will fall over or a limb or some other part of the plant will fall from it because of disease, wind damage or any other cause; and (b) there is a real risk of personal injury or damage to property if that occurs; and (c) it is not reasonably practicable to avoid the risk by avoiding the vicinity in which the plant is growing or situated; and (d) the state of the plant has been assessed by a plant health expert or by any person acting in an emergency situation or in any other situation that gives rise to an immediate risk of personal injury or damage to property; and (e) if the state of the plant is assessed under paragraph (d) by a plant health expert (other than in an emergency situation or a situation that gives rise to an immediate risk of personal injury or damage to property)—a report on the state of the plant prepared by the plant health expert who made the assessment has been provided to the CAC and the CAC is satisfied that the report establishes that the circumstances in paragraphs (a) to (c) (inclusive) exist in respect of the plant; and (f) the clearance or taking is confined to removing only the parts of the plant causing the danger and only extends to destroying the plant if that is necessary to remove the existing danger. 21—Fuel hazard reduction Clearance or taking of native plants in any of the following circumstances: (a) where the native plants are growing or situated within 20 m of an existing dwelling or 10 m of an existing building that is not a dwelling and clearance or taking is for the purposes of reducing the risk that bushfire poses to life or property (other than where the native plant consists of a regulated tree); (b) where the native plants are growing or situated along an existing fence‑line for the purposes of establishing or maintaining a fuel break to reduce the risk that bushfire poses to life or property where the total width of the fuel break does not exceed 5 m; (c) where reasonably required for the purposes of reducing the risk that a bushfire poses to life or property on public land if the clearance or taking is carried out in accordance with Council guidelines relating to clearance or taking of that kind; (d) where the clearance or taking of native plants is otherwise authorised by, and carried out in accordance with, a bushfire management plan applying to the area in which the native plants are growing or situated. 22—Fuel hazard reduction with Chief Officer approval (1) Clearance or taking of native plants in any of the following circumstances: (a) where the native plant consists of a regulated tree that is growing or situated within 20 m of an existing dwelling or 10 m of an existing building that is not a dwelling and the clearance or taking is for the purposes of reducing the risk that bushfire poses to life or property; (b) where reasonably required for the purposes of reducing the risk that a bushfire poses to life or property (other than in circumstances that fall within the ambit of another clause of this Part); (c) subject to paragraph (d), where reasonably required to provide a fuel break for the purposes of reducing the risk that a bushfire poses to life or property not exceeding 20 m in width on a property that is in the area of a rural council and is used principally for primary production (other than in circumstances that fall within the ambit of another clause of this Part); (d) to provide a fuel break that does not fall within the ambit of paragraph (c) if any point of the proposed fuel break would be within 200 m of land— (i) that is sufficiently clear of native plants providing comparable protection to the proposed fuel break (other than a fuel break that runs approximately at right‑angles to the proposed fuel break); and (ii) that provides comparable protection to the proposed fuel break; (e) for the purposes of establishing or maintaining a fire access track not exceeding 15 m in width. (2) Subclause (1) only applies if— (a) clearance or taking of the native plants is undertaken in accordance with the written approval of the relevant Chief Officer and any applicable bushfire management plan; and (b) in the case of clearance of native plants—the CAC has been notified of the proposed clearance in the approved form. (3) The relevant Chief Officer must not grant an approval under this clause unless the Chief Officer is satisfied that the proposed clearance or taking of native plants is reasonably required or appropriate for the purposes of fire prevention or control. (4) In considering whether to grant an approval under this clause, the relevant Chief Officer must have regard to— (a) any applicable bushfire management plan; and (b) any applicable Council guidelines. (5) A relevant Chief Officer may delegate a function under this clause to a Deputy Chief Officer or Assistant Chief Officer of the relevant service. (6) Subclause (1)(a) does not apply to native plants that are growing or situated on land that is subject to a biodiversity agreement.