62Bushfire-prone areas

62 Bushfire-prone areas

(1)  For the purposes of the Act, land is a bushfire-prone area if –

(a) the land is within the boundary of a bushfire-prone area on a planning scheme overlay map; or

(b) where the relevant planning scheme overlay map for the land does not show any land within the relevant municipal area as being within the boundary of a bushfire-prone area, the land is within 100 metres of an area of bushfire-prone vegetation that is equal to or greater than one hectare.

(2)  For the purposes of subregulation (1)(b) , vegetation is bushfire-prone vegetation if the vegetation is contiguous vegetation that includes grasses and shrubs but does not include maintained lawns, parks or gardens, nature strips, plant nurseries, golf courses, vineyards, orchards or vegetation on land that is used for horticultural purposes.

(3)  For the purposes of the definition of hazardous area in section 4(1) of the Act –

(a) classification of land as being in a bushfire-prone area is a prescribed attribute; and

(b) a bushfire-prone area is a hazardous area.