Div 7ABushfire management plans

Division 7A—Bushfire management plans 73—State Bushfire Management Plan (1) The State Bushfire Coordination Committee must prepare and maintain a plan to be called the State Bushfire Management Plan. (2) The plan is to set out principles, policies and standards for bushfire management in the State from a high‑level or strategic perspective. (3) The primary purpose of the plan is to identify major bushfire risks in the State and recommend appropriate action that will provide protection to life, property and the environment from the effects of bushfires. (4) Without limiting subsection (2), the plan must— (a) set out principles to be applied in achieving appropriate levels of hazard reduction for bushfire management; and (b) outline strategies to achieve the State‑wide coordination and integration of bushfire management activities; and (c) set standards or requirements that must be applied or observed in the preparation and implementation of Bushfire Management Area Plans; and (d) include or address other matters prescribed by the regulations or specified by the Minister after consultation with the Chief Officer of SACFS. (5) The State Bushfire Coordination Committee must review the plan at least once in every 4 years. (6) Subject to subsection (7), the State Bushfire Coordination Committee may amend the plan at any time. (7) The State Bushfire Coordination Committee must, in relation to any proposal to create or amend the plan— (a) prepare a draft of the proposal; and (b) take reasonable steps to consult with— (i) the Chief Officer of SACFS; and (ii) the Chief Officer of SAMFS; and (iii) a public sector agency (within the meaning of the Public Sector Act 2009) designated by the Minister from time to time for the purposes of this subsection; and (iv) the LGA; and (v) the Minister responsible for the administration of the Landscape South Australia Act 2019; and (vi) Primary Producers SA Incorporated; and (vii) the Conservation Council of South Australia Incorporated; and (viii) any other person or body, or person or body of a class, prescribed by the regulations for the purposes of this subsection, in relation to the proposal; and (c) by public notice, give notice of the place or places at which copies of the draft are available for inspection (without charge) and purchase and invite interested persons to make written representations on the proposal within a period specified by the State Bushfire Coordination Committee. (8) Subsection (7) does not apply in relation to an amendment that is being made— (a) in order to ensure that the plan is consistent with any plan, policy or strategy— (i) that has been prepared, adopted or applied under another Act; and (ii) that falls within a class prescribed by the regulations for the purposes of this paragraph; or (b) in order to remove or replace information in the plan that has been superseded by information that is more reliable or up‑to‑date; or (c) in order to make a change in form; or (d) in any other prescribed circumstance. (9) The plan, and any amendments to the plan, have no force or effect until approved by the Minister after consultation with the Chief Officer of SACFS and the Chief Officer of SAMFS. (10) The plan is an expression of policy and does not in itself affect rights or liabilities (whether of a substantive, procedural or other nature). (11) A failure by the State Bushfire Coordination Committee to comply with a requirement of this section cannot be taken to affect the validity of the plan, or any other plan or instrument under this Act. 73A—Bushfire Management Area Plans (1) Each bushfire management committee must prepare and maintain a Bushfire Management Area Plan for its area. (2) The plan must set out a scheme for bushfire management within its area. (3) Without limiting subsection (2), the plan must— (a) identify existing or potential risks to people and communities within its area from bushfire; and (b) outline strategies to achieve appropriate hazard reduction associated with bushfire management within its area, especially through a coordinated and cooperative approach to bushfire prevention and mitigation; and (c) identify action that should be taken by persons, agencies and authorities to achieve appropriate standards of bushfire management within its area; and (d) without limiting paragraphs (b) and (c), establish or adopt principles and standards to guide or measure the successful implementation of bushfire management strategies and initiatives; and (e) include or address other matters prescribed by the regulations or specified by the State Bushfire Coordination Committee. (4) The plan must be consistent with— (a) the State Bushfire Management Plan; and (b) such other plans, policies or strategies as may be prescribed by the regulations for the purposes of this paragraph. (5) A bushfire management committee must review its plan— (a) at least once in every 4 years; or (b) at the direction of the State Bushfire Coordination Committee. (6) Subject to subsection (7), a bushfire management committee may amend its plan at any time. (7) A bushfire management committee must, in relation to a proposal to create or amend its plan— (a) prepare a draft of its proposal; and (b) take reasonable steps to consult with— (i) the State Bushfire Coordination Committee; and (ii) any SACFS organisation specified by the Chief Officer of SACFS; and (iii) a public sector agency (within the meaning of the Public Sector Act 2009) designated by the Minister from time to time for the purposes of this subsection; and (iv) any council whose area is wholly or partly within the relevant bushfire management area; and (v) any regional landscape board whose region is wholly or partly within the relevant bushfire management area; and (vi) any other person or body, or person or body of a class, prescribed by the regulations for the purposes of this subsection, in relation to the proposal; and (c) by public notice, give notice of the place or places at which copies of the draft are available for inspection (without charge) and purchase and invite interested persons to make written representations on the proposal within a period prescribed by the regulations. (8) Subsection (7) does not apply in relation to an amendment that is being made— (a) in order to ensure that the plan is consistent with a change to the State Bushfire Management Plan; or (b) in order to remove or replace information in the plan that has been superseded by information that is more reliable or up‑to‑date; or (c) in order to make a change in form; or (d) in any other prescribed circumstance. (9) A plan, and any amendments to a plan, have no force or effect until approved by the State Bushfire Coordination Committee. (10) The State Bushfire Coordination Committee may, in connection with subsection (9)— (a) approve a plan or amendment when it is furnished to the State Bushfire Coordination Committee; (b) consult the relevant bushfire management committee about any amendment to a proposed plan or amendment that the State Bushfire Coordination Committee considers necessary or appropriate and then approve the plan or amendment with amendment; (c) refer a plan or amendment back to the relevant bushfire management committee for further consideration. (11) A plan is an expression of policy and does not in itself affect rights or liabilities (whether of a substantive, procedural or other nature). (12) A failure by a bushfire management committee to comply with a requirement under this section cannot be taken to affect the validity of a plan, or any other plan or instrument under this Act. Division 8—Fire prevention Subdivision 1—Fire danger season 78—Fire danger season (1) The Chief Officer may, by order— (a) fix a fire danger season in relation to the whole, or any part, of the State; or (b) revoke any such order previously made. (2) A fire danger season will only be fixed under subsection (1) after consultation with the appropriate bushfire management committee or committees (if any). (3) An order under this section must be published— (a) in the Gazette; and (b) also— (i) on a website determined by the Chief Officer; or (ii) in a newspaper circulating generally in the State; or (iii) in a newspaper circulating in the locality to which the order relates. 79—Fires during fire danger season (1) Subject to subsection (2), a person must not light or maintain a fire in the open air during the fire danger season. (a) for a first offence—$5 000 or imprisonment for 1 year; (b) for a second or subsequent offence—$10 000 or imprisonment for 2 years. (2) A fire may, subject to any other restrictions imposed under this or any other Act, be lighted or maintained in the open air in the circumstances prescribed by the regulations (and subject to any conditions or requirements that may be prescribed by the regulations). (5) The fact that a person has lit and maintained a fire in accordance with this section does not of itself relieve the person from liability for any loss or damage caused by the fire. Subdivision 2—Total fire ban 80—Total fire ban (1) The Chief Officer may at any time of the year impose a ban (a total fire ban) on the lighting or maintaining of fires in the open air for any purpose on a specified day or days, or during any specified part or parts of a day or days, throughout the whole State, or any specified part of the State. (2) The Chief Officer must arrange to have a warning of the imposition of a total fire ban under this section broadcast, published or otherwise made available (in such manner as the Chief Officer thinks fit) in the State or the part of the State to which the total fire ban applies. (3) Subject to subsection (4), a person must not light or maintain a fire in the open air contrary to the terms of a warning broadcast, published or made available under this section. (a) for a first offence—$10 000 or imprisonment for 2 years; (b) for a second or subsequent offence—$20 000 or imprisonment for 4 years. (4) This section does not prevent the lighting or maintaining of a fire— (a) in circumstances permitted by the regulations; or (b) if the lighting or maintaining of the fire is authorised by a permit issued under this Act. (5) If the Chief Officer wishes to vary or revoke a total fire ban under this section, the Chief Officer must arrange to have the variation or revocation broadcast, published or otherwise made available (in such manner as the Chief Officer thinks fit) in the State or the part of the State to which the total fire ban applies. (6) In any proceedings for an offence against this section, a document apparently signed by the Chief Officer, and certifying that a warning in the terms specified in the certificate was broadcast, published or otherwise made available in the State or a specified part of the State in accordance with this section on a date and at a time specified in the certificate, is, unless the contrary is proved, to be accepted as proof of the matters so certified. Subdivision 3—Permits 81—Permit to light and maintain a fire (1) An authorised officer may issue a permit authorising a person to light or maintain a fire in the open air in circumstances in which the lighting or maintaining of the fire would otherwise be unlawful by virtue of this Part. (2) An application for a permit— (a) must be made in a form determined by the Chief Officer; and (b) must be accompanied by such information as may be required— (i) under the terms of the form; or (ii) at the direction of an authorised officer. (3) A permit must not be issued under this section unless the authorised officer is satisfied that— (a) the lighting or maintaining of the fire is, in all the circumstances of the case, justified; and (b) adequate precautions will be taken to prevent the spread of fire. (4) A permit issued under this section will include— (a) the prescribed conditions; and (b) such other conditions as the authorised officer thinks fit to include in the permit. (5) A permit issued under this section will be in a form prescribed by the regulations. (6) Unless issued in accordance with an authorisation granted under subsection (7), a permit does not authorise a person to light or maintain a fire contrary to the terms of a total fire ban. (7) The Chief Officer may, by instrument in writing, authorise (subject to stipulated restrictions and conditions) the issue of permits for the lighting and maintaining of fires in the open air, on days on which a total fire ban has been imposed, in parts of the State designated in the authorisation. (8) Notice of the issue of a permit under this section must be given in the manner provided by the regulations to such persons and authorities as may be stipulated by the regulations. (9) A permit may be revoked by an authorised officer or by the Chief Officer— (a) if the permit holder fails to comply with a condition of the permit; or (b) if the authorised officer or Chief Officer considers that sufficient reasons exist to justify the revocation of the permit. (10) The regulations may establish a scheme for the review by the Commission of a decision to revoke a permit. (13) The fact that the holder of a permit has complied with the conditions of the permit does not of itself relieve the holder from liability for any loss or damage caused by a fire lit under the authority of a permit. (13a) Each council— (a) that is a rural council; or (b) that has within its area a designated urban bushfire risk area, must appoint at least 1 person as an authorised officer for the purpose of issuing permits under this section. (13b) The Chief Officer may, on application by a council to which subsection (13a) applies, exempt the council from the requirement under that subsection. (14) In this section— authorised officer means— (a) a person authorised by the Chief Officer; or (b) a person authorised by a council, with the approval of the Chief Officer, to issue permits under this section.