What it does
The Rural Fires Act 1997 (NSW) is the principal statute governing the prevention, mitigation, suppression and recovery from bush fires (and, in limited circumstances, other fires) across rural New South Wales. Its core objects, set out in s 3, are to provide for prevention, mitigation and suppression of fires in rural fire districts, statewide coordination of bush fire fighting and prevention, protection of persons and property, protection of infrastructure and a wide range of assets (environmental, economic, cultural, agricultural and community), and the carrying out of all such activities having regard to the principles of ecologically sustainable development described in s 6(2) of the Protection of the Environment Administration Act 1991.
Structurally the Act is divided into nine Parts. Part 1 contains preliminary provisions, including the constitution of rural fire districts (s 6) that mirror local government boundaries (subject to exclusions for land within fire districts constituted under the Fire and Rescue NSW Act 1989). Part 2 establishes the NSW Rural Fire Service (s 8), defines its membership (paid staff employed under the Government Sector Employment Act 2013 plus volunteer rural fire fighters), sets out its functions (s 9), and details the powers and duties of the Commissioner (ss 11–14), fire control officers (ss 37–38), and officers and members of rural fire brigades (ss 21–33). Division 3A (inserted 2009) confers a specific power to enter land to investigate the cause or origin of a fire (ss 33B–33C).
Part 3 deals with coordinated bush fire fighting. The Commissioner assumes control when a fire exceeds local capacity (s 44) and may issue directions to a wide range of persons and agencies (s 45). The Bush Fire Co-ordinating Committee (ss 46–49) is the peak planning body; it constitutes Bush Fire Management Committees (s 50) that must prepare, exhibit and have adopted a plan of operations, a bush fire risk management plan, and a fire access and fire trail plan (ss 52–62). Audits of plan implementation are required (s 62A).