33Bush fire considerations

33 Bush fire considerations

33 Bush fire considerations

(1) This clause applies to bush fire prone land.

Note—

Section 146 of the Act provides that bush fire prone land is land recorded by the Council as such on a map certified by the Commissioner of the NSW Rural Fire Service as a bush fire prone land map for the area of the Council.

(2) A person must not carry out bush fire hazard reduction work without development consent unless the person is authorised to carry out the work without consent by or under the Rural Fires Act 1997 or another Act.

(3) Before granting consent required by this clause, the consent authority must—

(a) have regard to the relevant provisions of Planning for Bush Fire Protection, available at the office of the Council, and

(b) be satisfied that—

(i) the measures proposed to avoid or mitigate the threat from bush fire, including the siting of the proposed development, the design of, and materials used in, any structures involved, the clearing of vegetation, and the provision of asset protection zones, landscaping and fire control aids (such as roads and water supplies), are adequate for the locality, and

(ii) as far as possible, the potential impact on the environment of mitigation measures proposed is minimised.

(4) A development application lodged with the Council, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Planning for Bush Fire Protection) 2020 is to be determined as if that Policy had not commenced.

(5) In this clause—

Planning for Bush Fire Protection means the document prescribed by the Environmental Planning and Assessment Regulation 2021, section 271.

cl 33: Am 2007 No 82, Sch 3.15 [1] [2]; 2020 (69), Sch 1.6[1] [2]; Am 2023 (83), Sch 1.4[1] [2].