New South Wales act

Rural Fires Act 1997

In ForceNSW

Jurisdiction

New South Wales

Act Number

65 of 1997

Collection

act

Plain English Summary

8/10 complexity

Mechanically, the Act creates the NSW Rural Fire Service, vests broad operational, entry and enforcement powers in the Commissioner and fire control officers, and establishes permit and hazard‑reduction notice regimes, criminal offences, investigative/search‑warrant powers, funding rules and asset‑vesting.

It affects landowners, occupiers, councils and public authorities, volunteers and emergency agencies—who pays for default works and cost recovery (s70), who funds Service expenditure and equipment (ss118–119), and who decides and supervises operations (Commissioner, Minister, BFCC/BFMC: ss11,46–52).

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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).

Current sections

Direct links to the current provisions in Rural Fires Act 1997.

265

Part 1

Preliminary

Part 1 Preliminary

Note.

This Part contains provisions that are helpful in understanding the Act as a whole, as well as some machinery provisions. It also provides for the constitution of all those parts of the State that are not within fire districts (within the meaning of the Fire and Rescue NSW Act 1989) as rural fire districts.

pt 1, note: Am 2018 No 59, Sch 5.1.

Name of Act

1 Name of Act

This Act is the Rural Fires Act 1997.

Commencement

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

Objects of Act

3 Objects of Act

The objects of this Act are to provide—

(a) for the prevention, mitigation and suppression of bush and other fires in local government areas (or parts of areas) and other parts of the State constituted as rural fire districts, and

(b) for the co-ordination of bush fire fighting and bush fire prevention throughout the State, and

(c) for the protection of persons from injury or death, and property from damage, arising from fires, and

(c1) for the protection of infrastructure and environmental, economic, cultural, agricultural and community assets from damage arising from fires, and

(d) for the protection of the environment by requiring certain activities referred to in paragraphs (a)–(c1) to be carried out having regard to the principles of ecologically sustainable development described in section 6 (2) of the Protection of the Environment Administration Act 1991.

s 3: Am 2013 No 108, Sch 1 [1] [2].

Definitions

4 Definitions

(1) Definitions are contained in the Dictionary at the end of this Act.

Note.

Expressions used in this Act (or in a particular provision of this Act) that are defined in the Interpretation Act 1987 have the meanings set out in that Act.

(2) Words and expressions used in the State Emergency and Rescue Management Act 1989 and in this Act have the same meanings in this Act as they have in the 1989 Act.

(3) Subsections (1) and (2) do not apply to the extent that the context or subject-matter otherwise indicates or requires.

Note.

Some expressions defined in the State Emergency and Rescue Management Act 1989 that are used in this Act are—

combat agency means the agency identified in the State Emergency Management Plan as the agency primarily responsible for controlling the response to a particular emergency.

emergency means an emergency due to an actual or imminent occurrence (such as fire, flood, storm, earthquake, explosion, terrorist act, accident, epidemic or warlike action) which—

(a) endangers, or threatens to endanger, the safety or health of persons or animals in the State, or

(b) destroys or damages, or threatens to destroy or damage, property in the State, or

(c) causes a failure of, or a significant disruption to, an essential service or infrastructure,

being an emergency which requires a significant and co-ordinated response.

emergency services organisation means the following—

(a) Ambulance Service of NSW,

(b) Fire and Rescue NSW,

(c) a fire brigade within the meaning of the Fire and Rescue NSW Act 1989,

(d) NSW Police Force,

(e) NSW Rural Fire Service,

(f) State Emergency Service,

(g) Surf Life Saving New South Wales,

(h) VRA Rescue NSW Limited,

(i) Volunteer Marine Rescue NSW,

(j) an agency that manages or controls an accredited rescue unit,

(k) a non-government agency that is prescribed by the regulations for the purposes of this definition.

State Emergency Management Plan means the State Emergency Management Plan referred to in section 12 of the State Emergency and Rescue Management Act 1989.

s 4: Am 2011 No 62, Sch 3.30; 2012 No 103, Sch 2 [1]; 2018 No 59, Sch 2 [1]; 2025 No 48, Sch 2.13.

Notes

5 Notes

Notes in the text of this Act do not form part of this Act.

Rural fire districts

6 Rural fire districts

(1) A rural fire district is constituted by this section for the area of each local authority, with boundaries of the district being the same as the boundaries of the area as at the date of commencement of this section.

Note.

The Dictionary defines area of a local authority. The area of a council is land within the local government area of the council. The area of the person appointed under section 7A is that part of the Western Division that is not within the local government area of a council. The area of the Lord Howe Island Board is Lord Howe Island.

(2) A rural fire district is not constituted by this section for, and does not include, any land within an area that is within a fire district.

Note.

A fire district means land within a fire district constituted under the Fire and Rescue NSW Act 1989.

(3) If the boundaries of the area of a local authority for which a rural fire district is constituted by this section change after the commencement of this section, the boundaries of the rural fire district change so as to correspond to the boundaries of the area.

(4) If the whole of the area of a local authority for which a rural fire district is constituted by this section is dissolved after the commencement of this section, the rural fire district is dissolved.

(5) If part of the area of a local authority for which a rural fire district is constituted is dissolved after the commencement of this section, the rural fire district constituted for the area is taken to have been constituted for the remaining part of the area.

s 6: Am 2017 No 17, Sch 4.88 [1]; 2018 No 59, Sch 5.1.

Responsible local authorities in rural fire districts

7 Responsible local authorities in rural fire districts

(1) A function conferred or imposed by or under this Act on a local authority for and in respect of a rural fire district is to be exercised—

(a) by the local authority for the area for which the district is constituted under section 6, or

(b) if, under subsection (2), two or more local authorities agree to combine responsibility for and in respect of their rural fire districts—by the local authorities jointly or, if a local authority is nominated in the agreement, by the local authority or local authorities nominated in the agreement, or

(c) if, under subsection (3), two local authorities agree that one of the local authorities is to have responsibility for and in respect of the whole or part of the rural fire district of the other local authority—by the local authority nominated in the agreement as the local authority to be responsible for the whole or part of that rural fire district.

(2) Two or more local authorities may agree in writing to combine responsibility for and in respect of their rural fire districts. Responsibility for those rural fire districts is to be exercised jointly by the local authorities or, if the authorities nominate one of them in the agreement as the responsible authority, by that authority.

(3) A local authority may agree in writing with another local authority that the other local authority have responsibility for or in respect of the whole or part of the rural fire district for the area of the local authority.

s 7: Am 2000 No 104, Sch 1 [1]–[3].

Local authority for Western Division

7A Local authority for Western Division

(1) The following person is the local authority for this Act for land within the Western Division that is not within a local government area—

(a) a person appointed by the Minister, or

(b) if a person is not appointed by the Minister—the Commissioner.

(2) The Minister may revoke an appointment under subsection (1)(a) at any time or for any reason.

(3) A person appointed under subsection (1)(a) (except the Commissioner or a person who is an employee of a government sector agency within the meaning of the Government Sector Employment Act 2013) is entitled to be paid the remuneration (including travelling and subsistence allowances) that the Minister may from time to time determine in respect of the person.

s 7A: Ins 2017 No 17, Sch 4.88 [2]. Am 2023 No 42, Sch 4[1]–[3].

Part 2

NSW Rural Fire Service

Part 2 NSW Rural Fire Service

Note.

This Part establishes the NSW Rural Fire Service, and provides for its composition, functions and management. The Service is to be managed and controlled by the Commissioner of the NSW Rural Fire Service. The Commissioner is responsible for issuing the Service Standards, which are the guidelines in respect of the standard operating procedures to be followed by members of the Service. The Commissioner determines the duties of certain members of the Service (staff of the Service, including fire control officers, deputy fire control officers and ancillary fire control staff). The fire control officers, deputy fire control officers and ancillary fire control staff are employed under the Government Sector Employment Act 2013 and are responsible for a number of functions, including the supervision and direction of functions exercised by or under the Act by rural fire brigades and groups of rural fire brigades.

pt 2, note: Am 2000 No 104, Sch 1 [4]; 2015 No 58, Sch 3.77 [1].

Division 1

The Service

Division 1 The Service

NSW Rural Fire Service

8 NSW Rural Fire Service

(1) There is established by this Act the NSW Rural Fire Service.

(2) The Service comprises the following members—

(a) the Commissioner and other staff of the Service,

(b) (Repealed)

(c) volunteer rural fire fighters.

(3) In this Act—

volunteer rural fire fighters means—

(a) officers and other members of rural fire brigades, and

(b) any person other than a member of a rural fire brigade who, without remuneration or reward, voluntarily and without obligation engages in fighting (or in activities associated with fighting) a fire with the consent of or under the authority and supervision of an officer of a rural fire brigade.

s 8: Am 2000 No 104, Sch 1 [5].

Functions of Service

9 Functions of Service

(1) The NSW Rural Fire Service has the following functions—

(a) to provide rural fire services for New South Wales,

(b) to issue public warnings about bush fires and bush fire threats in the State for the purpose of protecting life and property,

(c) to provide advisory services (whether within or outside the State) relating to fire fighting and other matters with respect to which it has expertise,

(d) as directed by the State Emergency Operations Controller, to deal with an emergency where no other agency has lawful authority to assume command of the emergency operation,

(e) to carry out, by accredited brigades, rescue operations allocated by the State Rescue Board,

(f) to assist the State Emergency Operations Controller to carry out emergency management functions relating to the prevention of, preparation for and response to, and to assist the State Emergency Recovery Controller to carry out emergency management functions relating to the recovery from, emergencies in accordance with the State Emergency and Rescue Management Act 1989,

(g) to assist, at their request, members of the NSW Police Force, Fire and Rescue NSW, the State Emergency Service or the Ambulance Service of NSW in dealing with any incident or emergency,

(h) to maintain effective liaison with all emergency services organisations,

(i) to carry out such other functions as may be assigned to it by or under this or any other Act, or by the State Emergency Operations Controller or the Minister,

(j) to do anything necessary for, or incidental to, the exercise of its functions.

(2) The functions of the Service are to be exercised in accordance with the State Emergency and Rescue Management Act 1989 and, in particular, with the requirements under the State Emergency Management Plan or any state of emergency under that Act.

(3) The Service is to have regard to the principles of ecologically sustainable development described in section 6 (2) of the Protection of the Environment Administration Act 1991 in carrying out any function that affects the environment.

(4) In this section—

rural fire services includes the following—

(a) services for the prevention, mitigation and suppression of fires in rural fire districts,

(b) the protection of persons from dangers to their safety and health, and property from destruction or damage, arising from fires in rural fire districts,

(b1) the protection of infrastructure and environmental, economic, cultural, agricultural and community assets from destruction or damage arising from fires in rural fire districts,

(c) the provision of services referred to in paragraphs (a)–(b1) throughout the State in accordance with Part 3,

(d) any other service prescribed by the regulations.

Note.

Other provisions of this Act also affect the exercise of Service functions. See, for example, sections 38 and 133 (2).

s 9: Am 2000 No 104, Sch 1 [6]; 2010 No 130, Sch 1 [1]; 2012 No 103, Sch 2 [2]; 2013 No 108, Sch 1 [3] [4]; 2018 No 59, Sch 2 [2].

Division 2

The Commissioner and other staff of Service

Division 2 The Commissioner and other staff of Service

The Commissioner and other staff

10 The Commissioner and other staff

(1) A Commissioner of the NSW Rural Fire Service, a fire control officer for each rural fire district and such other staff as may be necessary for the purposes of this Act are to be employed under Part 4 of the Government Sector Employment Act 2013.

(2) Subsection (1) does not apply to the members of the Service referred to in section 8 (2) (b) and (c).

(3) The Commissioner may arrange for the use of the services of any staff (by secondment or otherwise) or facilities of a Public Service agency or public authority.

(4) For the purposes of this Act, a person whose services are made use of under this section is a member of the staff of the Service.

s 10: Am 2000 No 104, Sch 1 [7]; 2015 No 58, Sch 3.77 [2] [3].

Ministerial control

11 Ministerial control

The Commissioner is, in the exercise of the Commissioner’s functions, subject to the control and direction of the Minister.

Functions of Commissioner

12 Functions of Commissioner

(1) The Commissioner is responsible for managing and controlling the activities of the Service and has such other functions as are conferred or imposed on the Commissioner by or under this or any other Act.

(2) The Commissioner may determine the various duties that members of the staff of the Service are required to perform and allocate the duties to be carried out by each member of the staff.

(3) The Commissioner may, when the Commissioner considers it appropriate to do so, conduct an audit of all or any activities of members of the Service to determine whether the members are carrying out the activities effectively and doing so efficiently and in compliance with the Service Standards.

(4) The ranks of members of the Service are to be determined by the Commissioner.

(5) The Commissioner (on behalf of the Crown) may make or enter into contracts or arrangements with any person for the carrying out of works or the performance of services or the supply of goods or materials in connection with the exercise of the functions of the Service.

(6) This section is subject to the other provisions of this Act and the regulations.

s 12: Am 2000 No 104, Sch 1 [8].

12A

Entry into rural fire district service agreements

12A Entry into rural fire district service agreements

(1) Without limiting section 12, the Commissioner may enter into a rural fire district service agreement (a service agreement) with any local authority or authorities responsible for a rural fire district or districts.

(2) Without limitation, a service agreement—

(a) may specify functions imposed on the local authority by or under this Act that are to be exercised by the Commissioner during a period (if any) specified in the agreement, and

(b) may specify any obligations to be imposed on the local authority as a consequence of the Commissioner agreeing to exercise those functions, and

(c) may set performance targets for the exercise of those functions, and

(d) may provide for the evaluation and review of results in relation to those targets.

(3) The Commissioner and the local authorities must, as far as practicable, exercise the functions and carry out the obligations in accordance with the service agreement.

(4) The Commissioner is to report the results of the performance under a service agreement during a financial year to the local authority or authorities concerned within 3 months after the end of that year.

s 12A: Ins 2000 No 104, Sch 1 [9].

Service Standards

13 Service Standards

(1) The Commissioner may from time to time issue written policy statements to members of the Service for or with respect to procedures to be followed in connection with the operation, management and control of the Service.

(2) Without limiting the matters with respect to which statements may be issued under this section, statements may be issued in respect of standard operating procedures, including procedures in respect of the following—

(a) fire reporting,

(b) operational co-ordination,

(c) operational planning,

(d) bush fire risk management planning,

(e) fire fighting assistance planning,

(f) standards of fire cover reporting,

(g) implementation of training standards,

(h) communications,

(i) brigade management,

(j) community education,

(k) protocols on relevant matters,

(l) health and safety.

(3) The Commissioner is, wherever practicable, to consult with the Advisory Council before issuing policy statements under this section.

Delegation by Commissioner

14 Delegation by Commissioner

(1) The Commissioner may delegate to any member of the Service any of the Commissioner’s functions under this Act, other than this power of delegation.

(1A) Without limiting subsection (1), if the Commissioner is the local authority under section 7A, the Commissioner may delegate to a member of the Service—

(a) the function of being the local authority, or

(b) the exercise of a function of the Commissioner as the local authority.

(2) The Commissioner may delegate to the Commissioner of Fire and Rescue NSW any of the Commissioner’s functions under the following provisions, but only to the extent that the functions are exercisable in respect of land within a fire district—

(a1) section 70 (Bush fire hazard reduction work in default of compliance with notice),

(a) section 73 (Bush fire hazard reduction by Commissioner),

(b) section 100B (Bush fire safety authorities),

(c) section 4.14 (Consultation and development consent—certain bush fire prone land) of the Environmental Planning and Assessment Act 1979,

(d) section 10.3 (Bush fire prone land) of the Environmental Planning and Assessment Act 1979.

s 14: Am 2002 No 67, Sch 3 [1]; 2009 No 74, Sch 1 [1]; 2012 No 103, Sch 2 [3]; 2018 No 59, Sch 2 [3] [4]; 2023 No 42, Sch 4[4].

Division 3

Rural fire brigades

Division 3 Rural fire brigades

Formation of rural fire brigades

15 Formation of rural fire brigades

(1) A local authority may form one or more rural fire brigades for any rural fire district constituted for its area or part of its area.

(2) Two or more local authorities may jointly form a rural fire brigade for a rural fire district constituted for their areas.

(3) A rural fire brigade may be formed on the initiative of the local authority or local authorities concerned or on the request of any interested person.

(4) The Commissioner may form a rural fire brigade for a rural fire district if any local authority requested to form a rural fire brigade for that district refuses or fails to do so within the period prescribed by the regulations after being requested to do so by the Commissioner.

Formation of groups of rural fire brigades

16 Formation of groups of rural fire brigades

The fire control officer for a rural fire district may form two or more rural fire brigades formed for the district into a group of rural fire brigades.

Disbandment of rural fire brigades

17 Disbandment of rural fire brigades

(1) A rural fire brigade may be disbanded at any time by the person or body who formed it by notice in writing given to the officer in charge of the rural fire brigade.

(2) The disbandment takes effect 21 days after the notice is given.

(3) The officer in charge of the rural fire brigade concerned may, with the agreement of a majority of the members of the rural fire brigade, lodge an appeal in writing to the Minister against the decision to disband the rural fire brigade.

(4) The appeal must be lodged before the disbandment takes effect.

(5) After considering the appeal, the Minister may—

(a) confirm the disbandment, or

(b) withdraw the notice.

(6) The disbandment of a rural fire brigade that is the subject of an appeal does not take effect until the appeal is either withdrawn or finally determined by the Minister and the result notified to the officer in charge of the rural fire brigade concerned.

Area of operations and officers of rural fire brigades

18 Area of operations and officers of rural fire brigades

(1) The body or person that forms a rural fire brigade is—

(a) to determine the territory in which the brigade is to operate, and

(b) to appoint as the officers for the brigade those persons selected, in accordance with the Service Standards, to be officers for the brigade by the members of the brigade.

Note.

Under section 47 of the Interpretation Act 1987, conferral of a power to appoint a person to an office includes a power to remove or suspend the person from the office.

(2) The Commissioner may appoint officers for the rural fire brigade if the body or person that forms the brigade fails to do so within the period prescribed by the regulations after being requested to do so by the Commissioner.

s 18: Am 2018 No 59, Sch 2 [5].

Area of operations and officers of groups of rural fire brigades

19 Area of operations and officers of groups of rural fire brigades

(1) The fire control officer who forms a group of rural fire brigades is to determine the territory in which the group is to operate.

(2) The officers of the rural fire brigades forming a group of rural fire brigades are those persons selected, in accordance with the Service Standards, to be officers for the group by the members of the rural fire brigades forming the group. A person selected to be an officer holds office for the period specified in the Service Standards.

Members of rural fire brigades

20 Members of rural fire brigades

(1) The body or person that forms a rural fire brigade is required to keep a register of members of the brigade in accordance with the Service Standards.

(2) The members of a rural fire brigade are the persons listed on the register for the brigade kept under this section.

Functions of officers of rural fire brigades

21 Functions of officers of rural fire brigades

(1) An officer of a rural fire brigade or group of rural fire brigades has the functions conferred or imposed on the officer by or under this or any other Act.

Note.

Functions may be conferred under the Act by the Service Standards.

(2) An officer of a rural fire brigade or group of rural fire brigades may exercise a function conferred or imposed on the officer—

(a) at a fire, incident or other emergency in the rural fire district for which the brigade or group was formed, or

(b) at a place outside that rural fire district—

(i) with the approval of the Commissioner or of the fire control officer for the rural fire district in which the place is located, or

(ii) in accordance with a bush fire management plan or in circumstances prescribed by the regulations, or

(iii) within a fire district—with the approval of an officer of Fire and Rescue NSW.

(3) An officer or member of a rural fire brigade or group of rural fire brigades is not, merely because of the authority conferred on the officer or member to exercise any functions under this Act, to be taken to be an employee of the State, a Minister of the State or a local authority.

s 21: Am 2012 No 103, Sch 2 [3].

General powers of rural fire brigade officers and others

22 General powers of rural fire brigade officers and others

(1) An officer of a rural fire brigade or group of rural fire brigades of a rank designated by the Commissioner may, for the purpose of controlling or suppressing a fire or protecting persons, property or the environment from an existing or imminent danger arising out of a fire, incident or other emergency—

(a) exercise any function conferred on the officer by or under this Act, or

(b) take any other action that is reasonably necessary or incidental to the effective exercise of such a function.

(2) The officer may exercise such a function or take such an action with such persons as the officer considers necessary for the purpose.

(2A) Any function that may be exercised, or action that may be taken, by an officer of a rural fire brigade or group of rural fire brigades because of this section may be exercised or taken by the Commissioner.

(3) The following provisions of this Division are intended to be particular examples of the way in which functions referred to in this section can be exercised and are not intended to limit the generality of this section.

s 22: Am 2000 No 104, Sch 1 [10]–[12]; 2002 No 67, Sch 4 [1].

22A

Power to remove persons or obstacles

22A Power to remove persons or obstacles

An officer of a rural fire brigade or group of rural fire brigades may cause to be removed any person, vehicle, vessel or thing the presence of whom or which at or near a fire, incident or other emergency might, in the officer’s opinion, interfere with the work of any rural fire brigade or the exercise of any of the officer’s functions.

s 22A: Ins 2009 No 74, Sch 1 [2].

Power to enter premises

23 Power to enter premises

An officer of a rural fire brigade or group of rural fire brigades may enter any premises for the purpose of exercising any function conferred or imposed on the officer by or under this Act.

Note.

Premises is defined in the Dictionary.

Closure of streets and public places

24 Closure of streets and public places

The officer in charge of a rural fire brigade or group of rural fire brigades may cause any street or public place in the vicinity of a fire, incident or other emergency to be closed to traffic.

Making premises safe

25 Making premises safe

(1) An officer of a rural fire brigade or group of rural fire brigades may, if persons are, or property is, endangered or likely to be endangered by a fire, incident or other emergency, do any of the following things—

(a) pull down, cut and remove or cause to be pulled down, cut and removed, fences on any land,

(b) destroy, pull down, shore up or remove, or cause to be destroyed, pulled down, shored up or removed, any buildings or structures or parts of buildings or structures on any land,

(c) destroy or remove or cause to be destroyed or removed any living or dead vegetation on any land,

(d) establish fire breaks on any land or cause fire breaks to be established on any land.

(2) The cost of doing something pursuant to subsection (1) (b) is to be borne by the owner of the building or structure and is to be paid to the Commissioner.

(3) The Commissioner may waive payment of the whole or any part of an amount payable under subsection (2) in such circumstances as the Commissioner thinks appropriate.

s 25: Am 2013 No 108, Sch 1 [5] [6].

Use of water and works

26 Use of water and works

(1) An officer of a rural fire brigade or group of rural fire brigades may for the purpose of controlling or suppressing a fire—

(a) take and use without any payment any water from any source on any land, or

(b) use without any payment all or any water mains, water plugs, valves, pipes and works of water supply vested in or under the management or control of any water supply authority, public authority or body.

(2) The Commissioner may, by arrangement with the owner or occupier or person having control or management of land containing a water source, take and use, free of charge, water from that source for the purpose of training or demonstration by any rural fire brigade.

s 26: Am 2013 No 108, Sch 1 [7].

Permission needed from transport authorities for exercise of certain functions

27 Permission needed from transport authorities for exercise of certain functions

(1) Subject to subsection (2), the functions conferred by this Division may not be exercised in relation to land or property vested in, or under the control of, a transport authority without the permission of—

(a) the transport authority, or

(b) a person authorised by the transport authority.

(2) The functions conferred by section 24 may be exercised in relation to land or property vested in, or under the control of, Transport for NSW without the permission of Transport for NSW, unless—

(a) the land or property is land or property on which rail services are provided, or

(b) rail services would be affected by the exercise of the functions in relation to the land or property.

(3) If a function conferred by section 24 is exercised in relation to land or property vested in, or under the control of, Transport for NSW without the permission of Transport for NSW that results in a street being closed to traffic, a member of the Service must, as soon practicable after the closure, advise Transport for NSW about the closure.

(4) In this section—

transport authority means the following—

(a) NSW Trains,

(b) Rail Corporation New South Wales,

(c) Rail Infrastructure Corporation,

(d) (Repealed)

(e) Sydney Metro,

(f) Sydney Trains,

(g) Transport for NSW,

(h) Transport Infrastructure Development Corporation.

s 27: Am 2000 No 89, Sch 2.7 [1]; 2003 No 96, Sch 3.16 [1]; 2007 No 22, Sch 5.11 [1]; 2017 No 12, Sch 1.18 [1]; 2018 No 18, Sch 2.16 [1]. Subst 2023 No 42, Sch 4[5]. Am 2025 No 66, Sch 2.8[1].

Damage to property and the environment

28 Damage to property and the environment

(1) Any damage to property that is caused by any person exercising any function conferred by or under this Division in good faith and any remedial work necessary to rectify damage to the environment is to be taken to be damage by fire within the meaning of any policy of insurance against fire covering the property so damaged.

(2) Any provision, stipulation, covenant or condition in any agreement that negates, limits or modifies or purports to negate, limit or modify the operation of this section is void and of no effect.

s 28: Am 2002 No 67, Sch 4 [2].

Notice of entry

29 Notice of entry

(1) A person authorised to enter premises under this Division may enter the premises without giving notice—

(a) if entry to the premises is made with the consent of the owner or occupier, or

(b) if the entry is made to a part of the premises that is open to the public, or

(c) if entry is required urgently and the case is one in which the Commissioner has authorised in writing (either generally or in a particular case) entry without notice.

(2) In any other case, the person must give the owner or occupier of the premises reasonable written notice of the intention to enter the premises.

Care to be taken

30 Care to be taken

In the exercise of a function under this Division, a person authorised to enter premises must do as little damage as possible.

Use of force

31 Use of force

(1) Reasonable force may be used for the purpose of gaining entry to premises but only if the Commissioner—

(a) has authorised in writing the use of force in the particular case, or

(b) has specified in writing the circumstances that are required to exist before force may be used and the particular case falls within those circumstances.

(2) If a person authorised to enter premises uses force to do so, the person must, as soon as practicable, inform the Commissioner.

(3) The Commissioner must give notice of the use of force to such persons or authorities as appear to the Commissioner to be appropriate in the circumstances.

Authority to enter premises

32 Authority to enter premises

(1) A power to enter premises, or to take action on premises, may not be exercised unless the person proposing to exercise the power is in possession of an authority and produces the authority if required to do so by the owner or occupier of the premises.

(2) The authority must be a written authority that—

(a) states that it is issued under this Act, and

(b) gives the name of the person to whom it is issued, and

(c) describes the nature of the powers conferred and the source of the powers, and

(d) states the date (if any) on which it expires, and

(e) describes the kind of premises to which the power extends, and

(f) bears the signature of the Commissioner.

Voluntary work by rural fire brigade

33 Voluntary work by rural fire brigade

(1) With the consent of the fire control officer for the rural fire district in which it operates or the Commissioner, a rural fire brigade may, in or out of the rural fire district, voluntarily co-operate with a public authority in the exercise of any function of the public authority prescribed by the regulations for the purposes of this section.

(2) If—

(a) a public authority, or any member of a public authority, has immunity from legal proceedings that would otherwise lie in relation to the exercise by the authority or member of a function, and

(b) a rural fire brigade co-operates under this section in the exercise of the function,

each officer and other member of the brigade taking part has the same immunity.

Division 3A

Power to enter land to investigate fires

Division 3A Power to enter land to investigate fires

pt 2, div 3A: Ins 2009 No 74, Sch 1 [3].

33A

Object of Division

33A Object of Division

The object of this Division is to assist in the prevention of fires by expressly authorising entry onto land to investigate the cause or origin of a fire.

ss 33A–33C: Ins 2009 No 74, Sch 1 [3].

33B

Power to enter land up to 24 hours after fire

33B Power to enter land up to 24 hours after fire

(1) The Commissioner may enter and inspect any land for the purposes of investigating the cause or origin of any fire that has occurred on that land or any adjacent land, but only for a period of up to 24 hours after the fire has been put out.

(2) The power conferred on the Commissioner under subsection (1) may be exercised with or without the consent of the owner or occupier of the land concerned.

(3) This section does not authorise the Commissioner to enter any part of land used only for residential purposes without the authority of a search warrant under section 33C or the consent of the owner or occupier of the land concerned.

(4) In this section and in section 33C, land includes any building on the land.

ss 33A–33C: Ins 2009 No 74, Sch 1 [3].

33C

Search warrants

33C Search warrants

(1) The Commissioner may apply to an authorised officer for a search warrant for any land if the Commissioner reasonably believes that entry onto the land is necessary for the purposes of the investigation of the cause or origin of any fire that has occurred on that land or any adjacent land.

(2) An authorised officer to whom an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising the Commissioner or any other person named in the warrant to enter land for the purposes of the investigation of the cause or origin of any fire that has occurred on that land or any adjacent land.

(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.

(4) In this section—

authorised officer has the same meaning as in the Law Enforcement (Powers and Responsibilities) Act 2002.

ss 33A–33C: Ins 2009 No 74, Sch 1 [3].

33D

Functions of Commissioner that may be exercised by others

33D Functions of Commissioner that may be exercised by others

(1) Any function conferred or imposed on the Commissioner under section 33B or 33C may be exercised by the Commissioner of Fire and Rescue NSW, but only to the extent that the function is exercisable in respect of land within a fire district.

(2) Without limiting section 14 (1), the Commissioner may delegate any function conferred or imposed on the Commissioner under section 33B or 33C to a fire fighting authority or a member of staff of a fire fighting authority.

(3) Subsection (1) does not limit any of the functions of the Commissioner of Fire and Rescue NSW under the Fire and Rescue NSW Act 1989.

(4) Any function conferred or imposed on the Commissioner under section 33B or 33C may be exercised by a police officer for the purpose of determining whether the cause or origin of the fire should be the subject of a criminal investigation.

(5) Subsection (4) does not limit any of the functions of a police officer under this or any other Act.

s 33D: Ins 2009 No 74, Sch 1 [3]. Am 2012 No 103, Sch 2 [4] [5]; 2018 No 59, Sch 5.1.

Division 4

Fire control officers

Division 4 Fire control officers

Deputy fire control officers

34 Deputy fire control officers

(1) A deputy fire control officer is to act as fire control officer for the district—

(a) at the direction of the fire control officer, or

(b) in the event of the absence, illness or other inability to act of the fire control officer, or

(c) during a vacancy in the office of the fire control officer.

(2) A deputy fire control officer—

(a) when acting as a fire control officer under this section, has and may exercise all the functions of a fire control officer by or under this Act, and

(b) when acting under the direction of a fire control officer (other than a direction under subsection (1)) has and may exercise such of the functions conferred on a fire control officer by or under this Act as may be necessary or convenient to be exercised for the purpose of carrying out the direction.

s 34: Am 2000 No 104, Sch 1 [13]–[15].

Acting fire control officer

35 Acting fire control officer

(1) If both the fire control officer and all the deputy fire control officers for a rural fire district are absent from duty, the Commissioner may appoint a person to be acting fire control officer during the absence.

(2) An acting fire control officer has the functions of the fire control officer and anything done by the acting fire control officer in the exercise of those functions has effect as if it were done by the fire control officer.

s 35: Am 2000 No 104, Sch 1 [16].

Councillors not to be appointed as fire control officers, deputy fire control officers or acting fire control officers

36 Councillors not to be appointed as fire control officers, deputy fire control officers or acting fire control officers

(1) A councillor within the meaning of the Local Government Act 1993 is not eligible to be appointed as a fire control officer, deputy fire control officer or acting fire control officer.

(2) Any fire control officer, deputy fire control officer or acting fire control officer who becomes a councillor ceases to be such an officer on a date that is 3 months after the date on which his or her election as a councillor takes effect unless the officer otherwise vacates his or her office before that date.

(3) Any such fire control officer, deputy fire control officer or acting fire control officer does not, by virtue of holding office as such an officer, hold an office or place of profit for the purposes of section 275 (2) of the Local Government Act 1993.

Responsibilities of fire control officers and local authorities

37 Responsibilities of fire control officers and local authorities

(1) A fire control officer is, subject to any direction of the Commissioner, responsible for the control and co-ordination of the activities of the Service in the rural fire district for which he or she is appointed as fire control officer.

(2) (Repealed)

(3) The local authority for the rural fire district for which a fire control officer is appointed must provide facilities and accommodation to enable the fire control officer to exercise his or her functions.

(4) Any such facilities and accommodation are to be of a standard approved by the Commissioner in consultation with the local authority.

s 37: Am 2000 No 104, Sch 1 [17] [18].

Functions of fire control officers

38 Functions of fire control officers

(1) A fire control officer appointed under this Part has all the powers and immunities conferred on an officer in charge of a rural fire brigade.

(2) A fire control officer—

(a) has the supervision and direction of the functions exercised by or under this Act by all rural fire brigades and groups of rural fire brigades in the rural fire district for which the fire control officer has been appointed and of the officers of the brigades, and

(b) has the right to use any fire fighting apparatus in the rural fire district other than fire fighting apparatus under the control of the authority responsible for managed land, and

(c) must inspect, or cause to be inspected, at least once each year all fire fighting apparatus in the rural fire district other than fire fighting apparatus under the control of the authority responsible for managed land, and

(d) must take or cause to be taken all necessary measures for suppressing fires in the rural fire district and protecting and saving life and property in case of fire, and

(e) (Repealed)

(3) (Repealed)

(4) A fire control officer may exercise a function referred to in subsection (2) (d) only if the fire control officer (and any member of the Service assisting the fire control officer in the exercise of the function) complies with the conditions (if any) imposed on the exercise of the function specified in any relevant bush fire management plan or other relevant plan of the authority responsible for the managed land of which the fire control officer is aware.

s 38: Am 2000 No 104, Sch 1 [19] [20].

Division 5

Command structure

Division 5 Command structure

Commissioner may authorise officers and members of rural fire brigades to exercise functions

39 Commissioner may authorise officers and members of rural fire brigades to exercise functions

(1) Any function conferred or imposed on the Commissioner by this Act may be exercised by any officer or member of a rural fire brigade or group of rural fire brigades authorised for the purpose by the Commissioner.

(2) Such an authorisation need not be in writing and operates to authorise the exercise of the functions accordingly. However, the Commissioner must keep a record of all authorisations given under this section.

Officer in charge may authorise others to exercise functions

40 Officer in charge may authorise others to exercise functions

(1) The officer in charge at a fire, incident or other emergency may authorise any officer or member of a rural fire brigade or group of rural fire brigades to exercise all or specified functions under this Act of the officer in charge at a fire, incident or other emergency.

(2) Such an authorisation need not be in writing and operates to authorise the exercise of the functions accordingly.

Duty to recognise authority of officers

41 Duty to recognise authority of officers

(1) Every member of the NSW Police Force and all other persons are to recognise—

(a) the authority of the Commissioner and any member of a rural fire brigade or group of rural fire brigades or fire control officer acting under the Commissioner’s directions, and

(b) the authority of the officer in charge at a fire, incident or other emergency at which a rural fire brigade is present or of an officer of a rural fire brigade directly assisting the person primarily responsible for responding to a fire, incident or other emergency.

(2) It is the duty of every member of the NSW Police Force to support the authority of such a person and to assist him or her in enforcing compliance with any directions given under this Act or the regulations.

(3) This section applies only in respect of the protection of persons from injury or death, or of property from damage, when the persons are or the property is endangered by fire or there is imminent danger of such a fire.

s 41: Am 2011 No 62, Sch 3.30.

42

42 (Repealed)

Interstate assistance at fires

43 Interstate assistance at fires

(1) A person who is a member of an interstate fire brigade and is present at a fire within a rural fire district for the purpose of mitigating or suppressing that fire must—

(a) obey any orders given to the person by the officer in charge at the fire, and

(b) place any gear or equipment in the person’s charge at the disposal of the officer in charge at the fire.

(2) While there is no officer in charge at the fire, the member of the interstate fire brigade who has the charge of the members of that brigade present at the fire is, for the purposes of this Act, to be considered the officer in charge at the fire.

(3) A member of an interstate fire brigade who is present at a fire within a rural fire district for the purpose of mitigating or suppressing that fire is taken to have and may exercise all the functions that, if the fire were in the area of a rural fire brigade, the officer in charge of that rural fire brigade would have and be capable of exercising and performing.

(4) In this section—

interstate fire brigade means a fire brigade (by whatever name called) established under a law of any place outside New South Wales.

Part 3

Co-ordinated bush fire fighting

Part 3 Co-ordinated bush fire fighting

Note.

This Part charges the Commissioner with the responsibility of controlling and co-ordinating the action to be taken by persons and bodies involved in or associated with the prevention, mitigation or suppression of bush fires in dealing with fires requiring a response beyond the area or locality in which the fires are burning. The Commissioner is authorised to give directions to persons, members of the Service, officers of other emergency services organisations and others in relation to the prevention, mitigation and suppression of fires in these circumstances.

The Part also provides for the establishment of the Bush Fire Co-ordinating Committee, the principal responsibility of which is to plan for bush fire prevention and for co-ordinated bush fire fighting. The Bush Fire Co-ordinating Committee is required to constitute Bush Fire Management Committees for rural fire districts and may constitute them for other parts of the State. These committees are responsible for the preparation of bush fire management plans for the areas for which they are constituted.

Commissioner’s responsibility

44 Commissioner’s responsibility

(1) The Commissioner is to take charge of bush fire fighting operations and bush fire prevention measures and to take such measures as the Commissioner considers necessary to control or suppress any bush fire in any part of the State if, in the opinion of the Commissioner—

(a) a bush fire has assumed or is likely to assume such proportions as to be incapable of control or suppression by the fire fighting authority or authorities in whose area or locality it is burning, or

(b) the prevailing conditions are conducive to the outbreak of a bush fire likely to assume such proportions, or

(c) a bush fire is not being effectively controlled or suppressed by the fire fighting authority or authorities in whose area or locality it is burning, or

(d) a bush fire is burning in a place that is not the responsibility of any fire fighting authority.

(2) (Repealed)

(3) The Commissioner is not subject to the control and direction of the Bush Fire Co-ordinating Committee in exercising the Commissioner’s functions under this Division but must, in exercising those functions, take into consideration any relevant bush fire management plan and, in the case of managed land, any relevant plan of the authority responsible for the managed land of which the Commissioner is aware.

s 44: Am 2009 No 74, Sch 1 [4]; 2012 No 103, Sch 2 [3]; 2015 No 58, Sch 3.77 [4]; 2018 No 59, Sch 2 [6].

Power to give directions etc

45 Power to give directions etc

(1) The Commissioner may give such directions as the Commissioner considers necessary to fire control officers, deputy fire control officers, officers of rural fire brigades, local authorities, officers or members of Fire and Rescue NSW, members of the NSW Police Force and other persons in connection with the prevention, control or suppression of any bush fire in the area or locality in which the Commissioner has taken charge or is taking measures under this Division.

(2) Without limiting the powers conferred on the Commissioner, the Commissioner may exercise, in any part of the State, any functions conferred by section 21 on an officer in charge of a rural fire brigade or group of rural fire brigades in respect of the rural fire district for which the brigade is formed.

(3) Any person (other than a police officer) who fails to observe any direction given under this section by the Commissioner is guilty of an offence.

Maximum penalty—50 penalty units or imprisonment for 12 months, or both.

(4) The provisions of this section have effect despite anything contained in this or any other Act to the contrary.

(5) Nothing in this Division enables the Commissioner to commandeer equipment or resources (human or otherwise).

s 45: Am 2011 No 62, Sch 3.30; 2012 No 103, Sch 2 [3].

45A

Delegation of functions under Division

45A Delegation of functions under Division

(1) The Commissioner may delegate the Commissioner’s functions under this Division (other than this power of delegation) to any person including an officer or member of a rural fire brigade, a person employed in Fire and Rescue NSW, a person employed in the Department of Industry or a person employed in the Office of Environment and Heritage.

(2) A delegate may subdelegate any function delegated to the delegate by the Commissioner, if authorised to do so by the Commissioner, by instrument in writing.

(3) A delegate cannot subdelegate a function to a person if the Commissioner does not have the power to delegate that function to the person.

(4) If the Commissioner delegates functions subject to conditions or limitations, any subdelegation by the delegate is taken to be subject to the same conditions and limitations, and any further conditions or limitations imposed by the delegate.

s 45A: Ins 2018 No 59, Sch 2 [7].

Constitution of Bush Fire Co-ordinating Committee

46 Constitution of Bush Fire Co-ordinating Committee

(1) There is constituted by this Act a corporation with the corporate name of the Bush Fire Co-ordinating Committee.

(2) The Bush Fire Co-ordinating Committee is a statutory body representing the Crown.

Membership and procedure of Bush Fire Co-ordinating Committee

47 Membership and procedure of Bush Fire Co-ordinating Committee

(1) The Bush Fire Co-ordinating Committee is to consist of 20 members as follows—

(a) the Commissioner, who is to be the Chairperson of the Committee,

(b) a person employed in Fire and Rescue NSW nominated by the Commissioner of Fire and Rescue NSW,

(c) 3 persons nominated by the Secretary of the Department of Planning, Industry and Environment—

(i) 1 of whom is a person employed in the Energy, Climate Change and Sustainability Division of the Department, and

(ii) 1 of whom is a person employed in the Catchment and Lands—NSW Crown Lands Division of the Department, and

(iii) 1 of whom is a person employed in the National Parks and Wildlife Service,

(d) (Repealed)

(e) 2 persons appointed by the Minister on the recommendation of Local Government NSW,

(f) a fire control officer appointed by the Minister on the recommendation of the NSW Rural Fire Service Association Inc,

(g) a person appointed by the Minister on the recommendation of the Commissioner of Police,

(h) a person appointed by the Minister on the recommendation of the Minister for Energy and Environment,

(i) a person nominated by the Nature Conservation Council of New South Wales,

(j) a person appointed by the Minister on the recommendation of the NSW Farmers’ Association,

(k) a person employed in Resilience NSW nominated by the Minister for Police and Emergency Services,

(l) a person employed in the Forestry Corporation of New South Wales nominated by the chief executive officer of that Corporation,

(m) a person appointed by the Minister on the recommendation of the New South Wales Aboriginal Land Council,

(n) a person employed in Fire and Rescue NSW nominated by the Fire Brigade Employees Union,

(o) a person nominated by NTSCorp Limited (ACN 098 971 209),

(p) a person nominated by the Minister to promote the integrity of cultural burning,

(q) a volunteer rural fire fighter nominated by the NSW Rural Fire Service Association Inc,

(r) a fire fighter nominated by the Public Service Association.

(2) Schedule 1 has effect with respect to the members and procedures of the Bush Fire Co-ordinating Committee.

s 47: Am 2000 No 104, Sch 1 [21]; 2009 No 74, Sch 1 [5]; 2010 No 130, Sch 1 [2] [3]; 2012 No 103, Sch 2 [3] [5]; 2013 No 108, Sch 1 [9]; 2014 No 32, Sch 1 [1]–[4]; 2015 No 58, Sch 3.77 [5]; 2020 No 37, Sch 1[1]–[6].

Functions of Bush Fire Co-ordinating Committee

48 Functions of Bush Fire Co-ordinating Committee

(1) The Bush Fire Co-ordinating Committee—

(a) is responsible for planning in relation to bush fire prevention and co-ordinated bush fire fighting, and

(b) is responsible for advising the Commissioner on bush fire prevention, mitigation and co-ordinated bush fire suppression, and

(c) has such other functions as are conferred or imposed on it by or under this or any other Act.

(2) Without limiting subsection (1), the Bush Fire Co-ordinating Committee—

(a) must report to the Minister on any matter referred by the Minister to it and may report on any matter relating to the prevention and suppression of bush fires whether referred to it or not, and

(b) may enter into arrangements with a Minister or any public authority with respect to the reduction of bush fire hazards.

(2A) The Bush Fire Co-ordinating Committee may request the Commissioner to conduct an audit under section 62A of bush fire management plans generally or for a specified rural fire district or other part of the State.

(3) The Bush Fire Co-ordinating Committee is to have regard to the principles of ecologically sustainable development described in section 6 (2) of the Protection of the Environment Administration Act 1991 in carrying out any function that affects the environment.

s 48: Am 2002 No 67, Sch 2 [1]; 2009 No 96, Sch 21; 2020 No 37, Sch 1[7].

Delegation

49 Delegation

The Bush Fire Co-ordinating Committee may delegate to the Commissioner any function (other than this power of delegation) conferred or imposed on it by or under this Act.

Bush Fire Management Committees

50 Bush Fire Management Committees

(1) The Bush Fire Co-ordinating Committee must constitute a Bush Fire Management Committee for the whole of the area of any local authority for which a rural fire district is constituted.

(1A) The Bush Fire Co-ordinating Committee must constitute a Bush Fire Management Committee for the area of a local authority for which a fire district is constituted if there is a reasonable risk of bush fires in that area.

(2) The Bush Fire Co-ordinating Committee may constitute a Bush Fire Management Committee for a part of the State other than a rural fire district or a fire district.

(3) Committees may be constituted for separate rural fire districts or groups of rural fire districts and for separate fire districts or groups of fire districts.

(4) A Bush Fire Management Committee is to be constituted in accordance with the regulations.

s 50: Am 1998 No 19, Sch 2 [1] [2].

Functions of Bush Fire Management Committees

51 Functions of Bush Fire Management Committees

(1) A Bush Fire Management Committee has such functions as are conferred or imposed on it by or under this or any other Act.

(1A) A Bush Fire Management Committee must, within 2 months after the end of each financial year, report to the Bush Fire Co-ordinating Committee on implementation of each bush fire risk management plan and fire access and fire trail plan in force for the rural fire district or other part of the State for which the Bush Fire Management Committee is constituted.

(2) A Bush Fire Management Committee is to have regard to the principles of ecologically sustainable development described in section 6 (2) of the Protection of the Environment Administration Act 1991 in carrying out any function that affects the environment.

s 51: Am 2002 No 67, Sch 2 [2]; 2016 No 41, Sch 1 [1].

Bush Fire Management Committees to prepare plans

52 Bush Fire Management Committees to prepare plans

(1) Each Bush Fire Management Committee must, in accordance with this Division, prepare and submit to the Bush Fire Co-ordinating Committee a draft of each of the following kinds of bush fire management plans for the rural fire district or other part of the State for which it is constituted—

(a) a plan of operations, and

(b) a bush fire risk management plan.

(2) Draft bush fire management plans of both kinds must be prepared and submitted to the Bush Fire Co-ordinating Committee by a Bush Fire Management Committee within 12 months after the constitution of the Bush Fire Management Committee and—

(a) in the case of a plan of operations—within each successive 2 year period following the constitution of the Committee, and

(b) in the case of a bush fire risk management plan—within each successive 5 year period following the constitution of the Committee.

(3) Each Bush Fire Management Committee must, in accordance with this Division, prepare and submit to the Bush Fire Co-ordinating Committee a draft fire access and fire trail plan for the rural fire district or other part of the State for which it is constituted.

(4) A draft fire access and fire trail plan must be prepared and submitted to the Bush Fire Co-ordinating Committee by a Bush Fire Management Committee—

(a) within the period (the original period) notified to it by the Bush Fire Co-ordinating Committee, and

(b) thereafter within each successive 5 year period following the end of the original period.

s 52: Am 1998 No 19, Sch 2 [3]; 2016 No 41, Sch 1 [2].

Content of draft plan of operations

53 Content of draft plan of operations

A draft plan of operations for a rural fire district or other part of the State is to set out the procedures to be followed if—

(a) a bush fire breaks out in the rural fire district or other part of the State and assumes or is likely to assume such proportions as to be incapable of suppression by the fire fighting authority or authorities in that part of the State, or

(b) the prevailing conditions are conducive to the outbreak of a bush fire likely to assume such proportions.

Content of draft bush fire risk management plan

54 Content of draft bush fire risk management plan

(1) A draft bush fire risk management plan for a rural fire district or other part of the State is to set out schemes for the reduction of bush fire hazards in the rural fire district or other part of the State.

(2) Without limiting the matters that may be contained in a draft bush fire risk management plan, it may restrict or prohibit the use of fire or other particular fire hazard reduction activities in all or specified circumstances or places to which the plan applies.

(3) The Bush Fire Management Committee must, when preparing a draft bush fire risk management plan for a rural fire district or other part of the State, consider the number and location of neighbourhood safer places in the rural fire district or other part of the State.

(4) The Commissioner may direct a Bush Fire Management Committee to amend a draft bush fire risk management plan prepared and submitted by it.

Note.

A plan might, for example, prohibit the use of fire because of its effect on fauna or flora in, or the cultural heritage of, a particular place.

s 54: Am 2010 No 130, Sch 1 [4]; 2013 No 108, Sch 1 [10].

54A

Content of draft fire access and fire trail plan

54A Content of draft fire access and fire trail plan

(1) A draft fire access and fire trail plan is to provide schemes for appropriate means of accessing land to prevent, fight, manage or contain bush fires, and in particular may do so by identifying or providing for the identification of suitable existing or proposed fire trails.

(2) A draft fire access and fire trail plan is to set out matters in conformity with the Fire Trail Standards.

(3) The Commissioner may direct a Bush Fire Management Committee to amend a draft fire access and fire trail plan prepared and submitted by it.

s 54A: Ins 2016 No 41, Sch 1 [3].

General content

55 General content

(1) A draft bush fire management plan may—

(a) include schemes for the exercise in the rural fire district or other part of the State to which it applies of functions conferred or imposed by this Act, and

(b) confer or impose functions on the Commissioner, the Commissioner of Fire and Rescue NSW, the Forestry Corporation, the Chief Executive of the Office of Environment and Heritage or any other person or body associated with the prevention, mitigation or suppression of bush fires in that part of the State.

(2) A draft bush fire management plan must include any provisions that the Bush Fire Co-ordinating Committee has advised the Bush Fire Management Committee concerned to include in the plan.

s 55: Am 2009 No 74, Sch 1 [7]; 2012 No 96, Sch 4.37 [1]; 2012 No 103, Sch 2 [5]; 2015 No 58, Sch 3.77 [6].

Failure of Management Committee

56 Failure of Management Committee

The Commissioner may exercise the functions of a Bush Fire Management Committee under this Division if the Committee has failed to submit a draft bush fire management plan in accordance with the Division or has submitted a draft plan that, in the opinion of the Commissioner, is inadequate.

Public notice of draft bush fire risk management plans

57 Public notice of draft bush fire risk management plans

(1) The Bush Fire Management Committee or Commissioner must—

(a) in accordance with the regulations, give public notice of and exhibit, for the purpose of receiving submissions from any interested persons, any draft bush fire risk management plan for a rural fire district or other part of the State prepared by the Committee or Commissioner, and

(b) concurrently display for information any draft plan of operations or plan of operations for that rural fire district or part of the State.

(2) The Bush Fire Management Committee or Commissioner is to ensure that no addresses or telephone numbers of fire control officers or other operational contact information is displayed.

Adoption of bush fire risk management plans

58 Adoption of bush fire risk management plans

(1) After considering all submissions received concerning the draft bush fire risk management plan, the Bush Fire Management Committee or the Commissioner (if the Commissioner is exercising the functions of the Committee under section 56) may decide to amend the draft plan or to submit it to the Bush Fire Co-ordinating Committee without amendment as the proposed bush fire risk management plan for the rural fire district or part of the State concerned.

(2) When a draft bush fire risk management plan for a rural fire district or any other part of the State is submitted to the Bush Fire Co-ordinating Committee it must—

(a) consider all submissions received by it concerning the draft plan, and

(b) review the provisions of the draft plan and of any current bush fire risk management plan for that part of the State.

(3) After considering the submissions and the review, the Bush Fire Co-ordinating Committee may—

(a) approve the draft plan (as submitted or after amendment by the Bush Fire Co-ordinating Committee) and revoke any other bush fire risk management plan to the extent that it makes corresponding provisions for that part of the State, or

(b) vary another bush fire risk management plan for some or all of the same part of the State so as to incorporate in the other plan some or all of the provisions of the draft plan (as submitted or after amendment by the Bush Fire Co-ordinating Committee).

(4) If the Bush Fire Management Committee, the Commissioner (if the Commissioner is exercising the functions of the Committee under section 56) or the Bush Fire Co-ordinating Committee decides to amend the draft plan—

(a) they may publicly exhibit the amended draft plan in accordance with this Division, or

(b) if of the opinion that the amendments are not substantial, the Bush Fire Management Committee or Commissioner may submit, or the Bush Fire Co-ordinating Committee may adopt, the amended draft plan without public exhibition as the bush fire risk management plan for the area concerned.

Adoption of bush fire plans of operation

59 Adoption of bush fire plans of operation

(1) After preparing a draft plan of operations for the rural fire district or other part of the State for which it is constituted, the Bush Fire Management Committee is to submit the plan to the Bush Fire Co-ordinating Committee.

(2) When a draft plan of operations is submitted to the Bush Fire Co-ordinating Committee, it must review the provisions of the draft plan and of any current plan of operations.

(3) After the review, the Bush Fire Co-ordinating Committee may—

(a) approve the draft plan (as submitted or after amendment by the Bush Fire Co-ordinating Committee) and revoke any other plan of operations to the extent that it makes corresponding provisions for that part of the State, or

(b) vary another plan of operations for some or all of the same part of the State so as to incorporate in the other plan some or all of the provisions of the draft plan (as submitted or after amendment by the Bush Fire Co-ordinating Committee).

s 59: Am 2016 No 55, Sch 3.29.

59A

Adoption of fire access and fire trail plan

59A Adoption of fire access and fire trail plan

(1) After preparing a draft fire access and fire trail plan for the rural fire district or other part of the State for which it is constituted, the Bush Fire Management Committee is to submit the plan to the Bush Fire Co-ordinating Committee.

(2) When a draft fire access and fire trail plan is submitted to the Bush Fire Co-ordinating Committee, it must review the provisions of the draft plan and of any current fire access and fire trail plan.

(3) After the review, the Bush Fire Co-ordinating Committee may—

(a) approve the draft plan (as submitted or after amendment by the Bush Fire Co-ordinating Committee) and revoke any other fire access and fire trail plan to the extent that it makes corresponding provisions for that rural fire district or other part of the State, or

(b) vary another fire access and fire trail plan for some or all of the same rural fire district or part of the State so as to incorporate in the other plan some or all of the provisions of the draft plan (as submitted or after amendment by the Bush Fire Co-ordinating Committee).

(4) A fire access and fire trail plan prevails over a bush fire risk management plan to the extent of any inconsistency.

s 59A: Ins 2016 No 41, Sch 1 [4].

Co-ordination of planning by bush fire management plans

60 Co-ordination of planning by bush fire management plans

(1) The Bush Fire Co-ordinating Committee is not to approve or vary a bush fire management plan so as to impose a requirement on a public authority within the administration of a Minister if the authority objects to the requirement.

(2) The Bush Fire Co-ordinating Committee may, with the consent of a public authority—

(a) vary or revoke any provision of an approved bush fire management plan imposing a requirement on the authority, or

(b) vary an approved bush fire management plan so as to impose a requirement on the authority.

(3) Any dispute between the Bush Fire Co-ordinating Committee and a public authority about the imposition of a requirement on the authority is to be decided by the Minister and, if the authority is within the administration of another Minister, that other Minister. The decision of the Minister or Ministers is binding on the parties to the dispute.

(4) If agreement cannot be reached between the Ministers, the dispute is to be resolved by the Premier whose decision is binding on the parties to the dispute.

(5) A bush fire management plan may be communicated in such manner as the Bush Fire Co-ordinating Committee thinks fit to any public authority to which it relates.

(6) A bush fire management plan communicated to a public authority to which it relates is to be adopted by that authority and, as far as practicable, carried into effect by the authority in the circumstances indicated by the plan.

Amendment, revocation and cessation of bush fire management plans

61 Amendment, revocation and cessation of bush fire management plans

(1) A Bush Fire Management Committee, the Commissioner or the Bush Fire Co-ordinating Committee may amend a bush fire management plan adopted under this Division by another bush fire management plan that is prepared and adopted in accordance with sections 57–60.

(2) A bush fire management plan may be revoked by a bush fire management plan adopted under this Division by the Bush Fire Co-ordinating Committee.

Bush fire management plans and draft bush fire management plans to be published on website

62 Bush fire management plans and draft bush fire management plans to be published on website

A bush fire management plan or draft bush fire management plan must be published on—

(a) the NSW Rural Fire Service website, or

(b) another NSW Government website decided by the Commissioner.

s 62: Subst 2023 No 42, Sch 4[6].

Division 6

General

Division 6 General

pt 3, div 6: Ins 2002 No 67, Sch 2 [3].

62A

Audits of bush fire management plans

62A Audits of bush fire management plans

(1) The Commissioner may conduct an audit of bush fire management plans generally in the State or for a specified rural fire district or other part of the State.

(2) The Commissioner may conduct an audit on the Commissioner’s own initiative or at the request of the Bush Fire Co-ordinating Committee under section 48 (2A).

(3) Without limiting the powers the Commissioner may exercise under subsection (1), the Commissioner may make such enquiries as the Commissioner considers fit to determine whether or not bush fire hazard reduction work has been carried out in accordance with any bush fire risk management plan that applies to the land.

(4) The annual reporting information prepared for the Service under the Government Sector Finance Act 2018 must include details of the number, and results, of audits carried out under this section in the annual reporting period to which the information relates.

s 62A: Ins 2002 No 67, Sch 2 [3]. Am 2018 No 70, Sch 4.91[1] (am 2020 No 37, Sch 2.2); 2020 No 37, Sch 1[8]–[11].

Part 3A

Neighbourhood safer places

Part 3A Neighbourhood safer places

pt 3A (ss 62B–62H): Ins 2010 No 130, Sch 1 [5].

62B

Definitions

62B Definitions

In this Part—

place means land or building.

pt 3A (ss 62B–62H): Ins 2010 No 130, Sch 1 [5].

62C

Designation of neighbourhood safer places

62C Designation of neighbourhood safer places

(1) The Commissioner may, by notice in writing to the owner or occupier of a place, designate a place as a place that may be suitable for people to shelter from a bush fire (a neighbourhood safer place).

(2) A place (other than a place owned or occupied by a public authority) must not be designated as a neighbourhood safer place unless—

(a) the owner of the place has consented, in writing, to the designation, and

(b) if the occupier of the place is not the owner, the occupier of the place has consented, in writing, to the designation.

pt 3A (ss 62B–62H): Ins 2010 No 130, Sch 1 [5].

62D

Commissioner to inspect neighbourhood safer places

62D Commissioner to inspect neighbourhood safer places

(1) The Commissioner must conduct annual inspections of each neighbourhood safer place and determine whether the place remains suitable for designation as a neighbourhood safer place.

(2) For the purposes of conducting such an inspection, the Commissioner may enter during the daytime any part of the place (other than a dwelling-house) that it is necessary to inspect in order to make that determination.

(3) If the Commissioner finds that a bush fire hazard exists on a neighbourhood safer place (other than a place owned or occupied by a public authority) or land (other than land owned or occupied by a public authority) adjoining a neighbourhood safer place, the Commissioner may—

(a) direct a hazard management officer to serve a notice under section 66 on the owner or occupier of the place or adjoining land if no bush fire hazard reduction notice has been served on the owner or occupier of the place or land, or

(b) subject to sections 67 and 68, exercise his or her powers under section 70 in respect of the place or land if a bush fire hazard reduction notice has been served on the owner or occupier of the place or land.

(4) If the Commissioner finds that a bush fire hazard exists on a neighbourhood safer place owned or occupied by a public authority or land owned or occupied by a public authority adjoining a neighbourhood safer place, the Commissioner may, by notice in writing served on the public authority, require it to carry out such bush fire hazard reduction work as is specified by the Commissioner.

(5) If the public authority fails to carry out the specified work within a reasonable time after service of the notice, the Commissioner may carry out bush fire hazard reduction work on the land under section 73.

pt 3A (ss 62B–62H): Ins 2010 No 130, Sch 1 [5].

62E

Removal of designation as neighbourhood safer places

62E Removal of designation as neighbourhood safer places

(1) The Commissioner may, by notice in writing to the owner and occupier of a place, remove the designation of a place as a neighbourhood safer place, but only if—

(a) the Commissioner is satisfied that the land is no longer required as a neighbourhood safer place, or

(b) in the case of a place other than a place owned or occupied by a public authority—the owner or occupier of the place applies, in writing, to the Commissioner to have the designation removed.

(2) If the owner or occupier of a neighbourhood safer place applies to have the designation removed, the Commissioner is to remove the designation no later than 12 months after receiving the application.

(3) A place ceases to be a neighbourhood safer place when—

(a) the designation is removed by the Commissioner, or

(b) the owner or occupier who consented to the place being a neighbourhood safer place ceases to be the owner or occupier of the place.

pt 3A (ss 62B–62H): Ins 2010 No 130, Sch 1 [5].

62F

Register of neighbourhood safer places

62F Register of neighbourhood safer places

(1) The Commissioner is to keep a register of all neighbourhood safer places.

(2) A copy of the register is to be published on the NSW Rural Fire Service website.

pt 3A (ss 62B–62H): Ins 2010 No 130, Sch 1 [5].

62G

Neighbourhood safer places may be signposted

62G Neighbourhood safer places may be signposted

(1) The Commissioner may cause a signpost to be erected on a neighbourhood safer place for the purpose of identifying the place as a neighbourhood safer place.

(2) A person must not, without reasonable excuse, damage, remove or interfere with a signpost referred to in subsection (1) that is located on a neighbourhood safer place.

Maximum penalty—10 penalty units.

pt 3A (ss 62B–62H): Ins 2010 No 130, Sch 1 [5].

62H

Protection from personal liability for owners of neighbourhood safer places

62H Protection from personal liability for owners of neighbourhood safer places

(1) The owner or occupier of a neighbourhood safer place is not liable for the death of, or injury to, any person arising from the use of the neighbourhood safer place as a shelter from a bush fire.

(2) Any liability for the death of, or injury to, a person arising from the use of a neighbourhood safer place as a shelter from a bush fire that would, but for subsection (1), attach to the owner or occupier of land attaches instead to the Crown.

pt 3A (ss 62B–62H): Ins 2010 No 130, Sch 1 [5].

Part 3B

Fire trails

Part 3B Fire trails

62I

Purpose of this Part

62I Purpose of this Part

The purpose of this Part is to provide for the establishment, maintenance, protection, certification and registration of fire trails (whether existing or new), and for associated purposes.

Note.

Provisions for fire access and fire trail plans are contained in Part 3.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62J

Definitions

62J Definitions

(1) In this Part—

private land means land that is not public land.

public land means managed land, unoccupied Crown land, or land owned or occupied by a public authority.

(2) For the purposes of this Part and without limiting the meaning of the term occupier in this Act, a public authority responsible for any particular land is taken to be the occupier of the land.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62K

Fire Trail Standards

62K Fire Trail Standards

(1) The Commissioner may make Fire Trail Standards.

(2) The Fire Trail Standards are to provide standards for fire trails on land throughout the State, and in particular to provide, as far as practicable, practical networks of fire trails.

(3) Without limitation, the Fire Trail Standards may—

(a) relate to—

(i) the structure and form of fire access and fire trail plans, and

(ii) the classification, length, width, gradient, signage, construction standards and maintenance of fire trails, and

(b) require a fire access and fire trail plan to include a treatment register for fire trails that is approved by the Commissioner from time to time.

(4) The Fire Trail Standards must be published in the Gazette and on the NSW Rural Fire Service website.

(5) The Fire Trail Standards may—

(a) apply generally or be limited in their application by reference to specified exceptions or factors, or

(b) apply differently according to different factors of a specified kind, or

(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body,

or may do any combination of those things.

(6) The reference in this section to a treatment register for fire trails is a reference to a register that specifies action to be taken or records action taken (or both) to ensure a fire trail complies with relevant Fire Trail Standards.

(7) The reference in this section to making Fire Trail Standards extends to changing them by varying or replacing them from time to time.

(8) A change to a requirement under the Fire Trail Standards does not apply to fire trails to which a then existing direction under section 62L or a then existing agreement under section 62M applies, unless the standard is less onerous in its effect or the owner and occupier (if any) of the land concerned consent to the change.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62L

Directions for fire trails on public land

62L Directions for fire trails on public land

(1) This section applies to public land.

(2) The Commissioner may give a direction in writing that a fire trail be established and maintained on specified public land for the purposes of this Part. The direction must provide particulars of the fire trail including its location, and a copy is to be given to each owner and occupier (if any) of the land of whom the Commissioner is aware.

(3) A direction for the establishment of a fire trail may apply to a new fire trail or an existing fire trail or a combination of both.

(4) A direction for the establishment of a fire trail operates to establish the fire trail as a designated fire trail (even if the fire trail is not yet wholly or partly created).

Note.

Section 62N enables certification of an existing fire trail without the need for a direction under this section.

(5) The Commissioner may revoke a direction for the establishment of a fire trail at any time before the fire trail is registered under this Part.

(6) A designated fire trail ceases to be so designated when it is registered as a fire trail or the direction for its establishment is revoked before its registration.

(7) A reference in this section to—

(a) a new fire trail includes a reference to a new part of an existing fire trail, and

(b) an existing fire trail includes a reference to a part of an existing fire trail.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62M

Agreements for fire trails on private land

62M Agreements for fire trails on private land

(1) This section applies to private land.

(2) The Commissioner may enter into negotiations with the owner of private land for an agreement between the Commissioner and the owner in writing that a fire trail be established on the land for the purposes of this Part. The agreement must provide particulars of the fire trail including its location.

(3) The agreement may apply to a new fire trail or an existing fire trail (or part of an existing fire trail) or both.

(4) The agreement must—

(a) be in a form approved by the Commissioner, and

(b) state that the agreement is for the purposes of this Part, and

(c) acknowledge the consent of the owner to the designation and registration of the fire trail under this Part.

(5) The Service Standards may provide for the procedures in respect of negotiations referred to in this section, including information to be provided to the owner of land.

(6) The Commissioner may enter into any such agreements.

(7) An agreement for the establishment of a fire trail operates to establish the fire trail as a designated fire trail (even if the fire trail is not yet wholly or partly created).

Note.

If an existing fire trail is the subject of an existing agreement for a fire trail on private land, section 62N enables certification of the existing fire trail without the need for an agreement under this section.

(8) A designated fire trail ceases to be so designated when it is registered as a fire trail or if the Commissioner and the owner of the land concerned agree to withdraw from the agreement before the fire trail is registered.

(9) An agreement must not be entered into with the owner of private land if—

(a) the occupier of the land on which the fire trail the subject of the proposed agreement is situated is not the owner of the land, and

(b) the occupier has not consented, in writing, to the agreement.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62N

Certification of fire trails

62N Certification of fire trails

(1) The Commissioner may, for the purposes of this Act, certify—

(a) a fire trail situated on public land—if the fire trail is the subject of a direction under section 62L, or

(b) a fire trail situated on private land—if the fire trail is the subject of an agreement under section 62M, or

(c) an existing fire trail situated on public land—if the fire trail is referred to in a fire access and fire trail plan, or

(d) an existing fire trail situated on private land—if the fire trail is referred to in a fire access and fire trail plan and the fire trail is the subject of an agreement for the establishment of a fire trail entered into before the commencement of this section.

(2) A fire trail may be certified only if it fully complies with the Fire Trail Standards at the time of certification.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62O

Register of certified fire trails

62O Register of certified fire trails

(1) The Commissioner is to keep a register of certified fire trails.

(2) A copy of the register is to be published on the NSW Rural Fire Service website.

(3) A certified fire trail is registered when its name or other identifying description is placed on the register.

(4) The Commissioner may assign and vary names or other descriptions of certified fire trails.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62P

Fire trail complaints

62P Fire trail complaints

A complaint may be made under this Division that a registered fire trail does not comply with the Fire Trail Standards in any material respect.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62Q

Who may make a fire trail complaint

62Q Who may make a fire trail complaint

A fire trail complaint may be made by any owner or occupier of land adjacent to or in the vicinity of the land on which the registered fire trail is situated.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62R

How and to whom complaints are to be made

62R How and to whom complaints are to be made

(1) A fire trail complaint is to be made by—

(a) giving it to the Commissioner, or

(b) sending it to the Commissioner by post or email or in any other way approved by the Commissioner.

(2) A fire trail complaint must be made in writing, must identify the complainant and must state the grounds for the complaint.

(3) Written notice of the making of the complaint and the grounds of the complaint are to be given by the Commissioner to the owner or occupier of the land to which the complaint relates as soon as practicable after the complaint is received.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62S

Investigation of complaint

62S Investigation of complaint

(1) The Commissioner must investigate a fire trail complaint as soon as practicable after it is received.

(2) The Commissioner may investigate the complaint as the Commissioner thinks fit.

(3) The Commissioner may decline to deal with a complaint, or dismiss a complaint, that the Commissioner considers to be vexatious, misconceived, frivolous or lacking in substance.

(4) The Commissioner is to notify the complainant if the Commissioner declines to deal with, or dismisses, the complaint.

Note.

Section 62ZP includes power to enter and inspect land in connection with this Division.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62T

Action that may be taken by Commissioner

62T Action that may be taken by Commissioner

(1) If, in relation to a fire trail complaint, the Commissioner finds that a registered fire trail does not comply with the Fire Trail Standards in a material respect, the Commissioner may take action under Division 6 or any other relevant provision of this Act.

(2) Nothing in subsection (1) affects the operation of Division 6 or any other relevant provision referred to in that subsection.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62U

Complainant to be notified of action taken

62U Complainant to be notified of action taken

If any action is taken by the Commissioner in relation to a fire trail complaint, the Commissioner must, as soon as practicable after it is taken, advise the complainant of the action taken.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62V

Application of this Division

62V Application of this Division

(1) This Division applies to land on which a designated fire trail or registered fire trail is situated.

(2) This Division applies whether or not a complaint is made under Division 5 in relation to the matter concerned.

Note 1.

The term fire trail rectification work is defined in the Dictionary at the end of this Act.

Note 2.

Section 62ZP includes power to enter and inspect land in connection with this Division.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62W

Construction and maintenance of fire trails

62W Construction and maintenance of fire trails

(1) It is the duty of the owner or occupier of the land on which a designated fire trail or registered fire trail is situated to construct (to the extent that it has not already been constructed) and to maintain the fire trail in accordance with the Fire Trail Standards and any steps that are included in a fire access and fire trail plan applying to the land.

(2) Subsection (1) does not impose a duty on an occupier of public land who—

(a) is in occupation of the land when the direction is given under section 62L in relation to the land, and

(b) is not a public authority.

(3) An owner or occupier is liable for the costs incurred by it in performing the duty imposed by this section.

(4) Subsections (1) and (3) have effect subject to the terms of any agreement between the Commissioner and the owner (or former owner) of the land concerned.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62X

Fire trail rectification work on unoccupied Crown land and managed land

62X Fire trail rectification work on unoccupied Crown land and managed land

A person authorised by the Commissioner may carry out fire trail rectification work on unoccupied Crown land or managed land with the assistance of such other persons as the authorised person considers to be necessary for the purpose.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62Y

Fire trail rectification notices

62Y Fire trail rectification notices

(1) A fire trail management officer may, by notice in writing, require the owner or occupier of any land (including land referred to in section 62X) to carry out fire trail rectification work specified in the notice on the land.

(2) A notice under this section may specify circumstances in which, conditions under which, places at which, the manner in which and the time within which the fire trail rectification work is to be carried out.

(3) The time within which fire trail rectification work is to be carried out must not be less than 28 days after the notice is given.

(4) The requirements and conditions so specified must include any requirements specified in a fire access and fire trail plan that is applicable to the land and is in force.

(5) An owner or occupier of land to whom a fire trail rectification notice is given must comply with the requirements specified in the notice.

Maximum penalty—220 penalty units (in the case of a corporation or public authority) or 20 penalty units or imprisonment for 2 years or both (in any other case).

(6) A notice under this section that is the subject of an objection or appeal under section 62Z or 62ZA does not have effect until the objection or appeal is finally determined.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62Z

Objection to notices

62Z Objection to notices

(1) A person on whom a fire trail rectification notice has been served under section 62Y may, within 28 days of the service of the notice, lodge an objection to the notice with the fire trail management officer who served the notice stating the grounds of objection, or, if that officer is not available, any other fire trail management officer.

(2) If a person lodges an objection, the fire trail management officer and the person must genuinely attempt to resolve the matter by consultation having regard to—

(a) the provisions of any fire access and fire trail plan applicable to the land that is in force, and

(b) any other matters prescribed by the regulations.

(3) Within 28 days of the lodging of an objection, the fire trail management officer must—

(a) confirm the notice, or

(b) vary the notice, if the fire trail management officer is satisfied that the variation will appropriately address the issue, or

(c) withdraw the notice, if the fire trail management officer is satisfied that there is no longer any need for the notice to be served.

(4) If the fire trail management officer confirms or varies the notice, the officer must give the person who lodged the objection notice of the decision and must specify a time after the notice is given within which the person must comply with the notice as confirmed or varied.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62ZA

Appeal against notices

62ZA Appeal against notices

(1) A person on whom notice of a decision on an objection to a notice under section 62Z has been served may appeal in writing to the Commissioner within 28 days of the service of the notice stating the grounds of appeal.

(2) The Commissioner must—

(a) consider the appeal within a reasonable time, and

(b) take into account all relevant circumstances, including the matters referred to in section 62Z (2).

(3) After considering the appeal, the Commissioner must—

(a) confirm the notice, or

(b) vary the notice in any way the Commissioner thinks fit, or

(c) cancel the notice.

(4) If the Commissioner confirms or varies the notice, the Commissioner must give the person who lodged the appeal notice of his or her decision and must specify a time after the notice is given within which the person must comply with the notice as confirmed or varied.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62ZB

Duties of fire trail management officer

62ZB Duties of fire trail management officer

(1) A fire trail management officer who requires an occupier or owner of land to take action under a fire trail rectification notice must give notice in the approved form to such persons or bodies as may be prescribed by the regulations.

(2) It is a duty of a fire trail management officer to keep a record of whether or not fire trail rectification work has been carried out in accordance with a fire trail rectification notice.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62ZC

Fire trail rectification work in default of compliance with notice

62ZC Fire trail rectification work in default of compliance with notice

(1) In this section—

relevant notice means—

(a) a fire trail rectification notice, or

(b) if a fire trail rectification notice is the subject of an objection or appeal, a notice under section 62Z (4) or 62ZA (4), respectively.

(2) If within a reasonable time the person to whom a relevant notice is given fails to comply with any requirement of the notice, the Commissioner may, without prejudice to the person’s liability, carry out the required fire trail rectification work.

(3) Any costs incurred by the Commissioner in carrying out work under this section (including costs incurred in obtaining the approval of any local or public authority under any other law to carry out the work) may be recovered from the person as a debt due to the Crown in a court of competent jurisdiction.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62ZD

Defence to court proceedings

62ZD Defence to court proceedings

If—

(a) the occupier and the owner of the land in respect of which a fire trail rectification notice is given are not the same person, and

(b) the owner of that land has been prosecuted under section 62Y (5) or an action for recovery of costs has been taken against the owner under section 62ZC (3),

it is a defence to that prosecution or action if the court is satisfied that that owner had no legal right, as between the owner and the occupier of that land, to enter that land and comply with the requirements of the notice.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62ZE

Certain damage to property caused by fire trail rectification work covered by fire insurance

62ZE Certain damage to property caused by fire trail rectification work covered by fire insurance

(1) Any damage to property caused by a person in the exercise in good faith of a power conferred by or under this Division is to be taken to be damage by fire within the meaning of any policy of insurance against fire covering the damaged property.

(2) This section does not apply in relation to an entry on land that is authorised by section 62ZP.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62ZF

Fire trail rectification work on damaged or destroyed fire trail

62ZF Fire trail rectification work on damaged or destroyed fire trail

A reference in this Division to a fire trail includes a reference to a former fire trail that has fallen into disuse or has been wholly or partly blocked, damaged or destroyed.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

Division 7

Closure of designated or registered fire trails

Division 7 Closure of designated or registered fire trails

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62ZG

Extended meaning of closure

62ZG Extended meaning of closure

For the purposes of this Division, a fire trail is taken to be closed if—

(a) the trail is wholly or partly removed or destroyed, or

(b) the trail is obstructed so that the trail is not available for use as a fire trail, or

(c) a sign has been placed indicating that the trail is not available for use as a fire trail, or

(d) the trail is otherwise not available for proper use as a fire trail.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62ZH

Unauthorised closure of designated or registered fire trails

62ZH Unauthorised closure of designated or registered fire trails

(1) The Commissioner may carry out all work reasonably necessary to remedy the unauthorised closure of a designated fire trail or a registered fire trail so that it becomes available for use as a fire trail.

(2) Any costs incurred by the Commissioner in carrying out work under this section may be recovered from the owner or occupier of the land on which the fire trail is situated as a debt due to the Crown in a court of competent jurisdiction.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62ZI

Offence to close designated or registered fire trail

62ZI Offence to close designated or registered fire trail

A person must not, without reasonable excuse—

(a) close a designated fire trail or a registered fire trail, or

(b) incite or encourage any other person to close a designated fire trail or a registered fire trail.

Maximum penalty—220 penalty units (in the case of a corporation or public authority) or 20 penalty units or imprisonment for 2 years or both (in any other case).

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62ZJ

Termination of registration

62ZJ Termination of registration

The Commissioner may, on the Commissioner’s own initiative or on application under this Division, terminate the registration of the whole or a part of a fire trail.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62ZK

Application for termination

62ZK Application for termination

(1) The owner of or the public authority responsible for the land on which a registered fire trail is situated may apply to the Commissioner in writing for the termination of the registration of the fire trail.

(2) The application is to be referred to a fire trail management officer for consideration.

(3) The fire trail management officer is to consider whether the registration should be terminated and is to make a recommendation to the Commissioner as to whether or not the application should be granted or refused.

(4) A recommendation for refusal must state that the fire trail management officer is of the opinion there are no grounds, or there are insufficient grounds, to warrant termination and provide reasons.

(5) The fire trail management officer must serve on the person who made the application a notice setting out the recommendation for refusal if the officer recommends that the application be refused.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62ZL

Objection to notice

62ZL Objection to notice

(1) A person on whom a notice of a recommendation for refusal has been served under section 62ZK may, within 28 days of the service of the notice, lodge an objection with the fire trail management officer who served the notice stating the grounds of objection or, if that officer is not available, any other fire trail management officer.

(2) If a person lodges an objection, the fire trail management officer and the person must genuinely attempt to resolve the matter by consultation having regard to—

(a) the provisions of any fire access and fire trail plan applicable to the land that is in force, and

(b) any other matters prescribed by the regulations.

(3) Within 28 days of the lodging of an objection, the fire trail management officer must confirm or vary the recommendation.

(4) The fire trail management officer must give the applicant notice of the officer’s decision.

(5) If there is no available fire trail management officer, the Commissioner may deal with the matter under section 62ZM as if the recommendation had been confirmed and the applicant had appealed in accordance with subsection (1) of that section.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62ZM

Appeal against notice

62ZM Appeal against notice

(1) A person on whom notice of a decision on an objection to a notice under section 62ZL has been served may appeal in writing to the Commissioner within 28 days of the service of the notice stating the grounds of appeal.

(2) The Commissioner must—

(a) consider the appeal within a reasonable time, and

(b) take into account all relevant circumstances, including the matters referred to in section 62ZL (2).

(3) After considering the appeal, the Commissioner must confirm, vary or reject the recommendation.

(4) The Commissioner must terminate the registration to the extent that the recommendation for refusal is rejected.

(5) The Commissioner must give the applicant notice of the Commissioner’s decision.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62ZN

Dealing with part only of registered fire trail

62ZN Dealing with part only of registered fire trail

(1) The purpose of this section is to enable an application for termination of registration to be made in relation to part only of a fire trail, and to enable an application to be dealt with by granting the application in part and refusing it as to the rest.

(2) This Division also authorises an application to be made under section 62ZK for the termination of the registration of part only of a fire trail.

(3) This Division also authorises a fire trail management officer considering an objection under section 62ZL to recommend that an application for the termination of the registration of a fire trail (or part) be granted in part and refused as to the rest.

(4) This Division also authorises the Commissioner when considering an appeal under section 62ZM to terminate the registration of part only of a fire trail.

(5) This Division is to be construed accordingly and applies with any necessary adaptations.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

Division 8

General

Division 8 General

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62ZO

Fire trail management officers

62ZO Fire trail management officers

The Commissioner may nominate a member of the Service as a fire trail management officer for the purposes of this Part.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62ZP

Power to enter and inspect land

62ZP Power to enter and inspect land

(1) The Commissioner or a member of the Service authorised by the Commissioner may, for any purpose referred to in subsection (2)—

(a) enter during the daytime any part of land (other than a dwelling-house) that it is necessary to inspect for that purpose, and

(b) while on the land, make any reasonable enquiries and do anything else that is reasonably necessary.

(2) The purpose for which functions may be exercised under this section in relation to land is to carry out any work authorised or permitted under this Part (including Divisions 6 and 7) or to consider or assess—

(a) whether a fire trail is situated on the land or should be established, or

(b) the suitability of a fire trail or proposed fire trail (or a part of it), or

(c) whether a designated fire trail or registered fire trail has been constructed or maintained in accordance with the Fire Trail Standards, or

(d) in particular and without limitation—

(i) whether a registered fire trail does not comply with the Fire Trail Standards in a material respect, as referred to in Division 5, or

(ii) whether a fire trail rectification notice should be served under section 62Y, or

(e) whether fire trail rectification work should be carried out under Division 6, or

(f) whether registration of a fire trail should be terminated.

(3) The power to enter and inspect land under this section includes the power to enter any other land (other than a dwelling-house) reasonably necessary to be entered for the purpose of gaining access to the land.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

62ZQ

Designation and registration runs with the land

62ZQ Designation and registration runs with the land

(1) Designation as a designated fire trail or registration as a registered fire trail, whether the fire trail is on public land or private land, is not affected by a change of ownership or occupation of the land.

(2) Without limiting subsection (1), designation as a designated fire trail or registration as a registered fire trail on—

(a) public land—is not affected if the land becomes private land, or

(b) private land—is not affected if the land becomes public land.

pt 3B, divs 1–8 (ss 62I–62ZQ): Ins 2016 No 41, Sch 1 [5].

Part 4

Bush fire prevention

Part 4 Bush fire prevention

Note.

Part 4 deals with the prevention and minimisation of the spread of bush fires throughout the State. It provides for bush fire hazard reduction work and vegetation clearing work to be done, for limitation of the lighting of fires without a permit during bush fire danger periods and the imposition of total fire bans. It imposes responsibilities on the owners and occupiers of land and public authorities in relation to these and other matters.

pt 4, note: Am 2014 No 32, Sch 1 [5].

Duties of public authorities and owners and occupiers of land to prevent bush fires

63 Duties of public authorities and owners and occupiers of land to prevent bush fires

(1) It is the duty of a public authority to take the notified steps (if any) and any other practicable steps to prevent the occurrence of bush fires on, and to minimise the danger of the spread of a bush fire on or from—

(a) any land vested in or under its control or management, or

(b) any highway, road, street, land or thoroughfare, the maintenance of which is charged on the authority.

(2) It is the duty of the owner or occupier of land to take the notified steps (if any) and any other practicable steps to prevent the occurrence of bush fires on, and to minimise the danger of the spread of bush fires on or from, that land.

(3) A public authority or owner or occupier is liable for the costs incurred by it in performing the duty imposed by this section.

(4) The Bush Fire Co-ordinating Committee may advise a person on whom a duty is imposed by this section of any steps (whether or not included in a bush fire risk management plan) that are necessary for the proper performance of the duty.

(5) In this section—

notified steps means—

(a) any steps that the Bush Fire Co-ordinating Committee advises a person to take under subsection (4), or

(b) any steps that are included in a bush fire risk management plan applying to the land.

Occupiers to extinguish fires or notify fire fighting authorities

64 Occupiers to extinguish fires or notify fire fighting authorities

(1) If a fire (not being a fire or part of a fire lit under the authority of this Act or any other Act) is burning on any land at any time during a bush fire danger period applicable to the land the occupier of the land must—

(a) immediately on becoming aware of the fire and whether the occupier has lit or caused the fire to be lit or not, take all possible steps to extinguish the fire, and

(b) if the occupier is unable without assistance to extinguish the fire and any practicable means of communication are available, ensure that the fire is reported immediately to the 000 emergency telephone number.

(2) (Repealed)

Maximum penalty—20 penalty units or imprisonment for 6 months, or both.

s 64: Am 2009 No 74, Sch 1 [8]; 2015 No 58, Sch 3.77 [7]; 2018 No 59, Sch 2 [8] [9].

65AA

“Owner” or “occupier” includes “public authority”

65AA “Owner” or “occupier” includes “public authority”

To avoid doubt, a reference in this Division to an owner or occupier of land includes a reference to a public authority if the land is owned or occupied by, or vested in or under the control or management of, the public authority.

s 65AA: Ins 2020 No 37, Sch 1[12].

65A

Hazard management officers

65A Hazard management officers

(1) The Commissioner may nominate a member of the Service as a hazard management officer for the purposes of this Division.

(2) A hazard management officer may exercise a function under this Division in relation to a public authority only if the officer is a member of the Service who is of or above the rank of Superintendent.

s 65A: Ins 2009 No 74, Sch 1 [9]. Am 2020 No 37, Sch 1[13].

Reduction of fire hazards on unoccupied Crown land and managed land

65 Reduction of fire hazards on unoccupied Crown land and managed land

(1) In this section—

authorised person, in relation to land, means—

(a) a hazard management officer, or

(b) any officer of a rural fire brigade for the time being nominated for the purposes of this section by the Commissioner, or

(c) any person for the time being nominated for the purposes of this section by the Bush Fire Co-ordinating Committee, or

(d) a person exercising functions under a bush fire risk management plan, or

(e) an authorised officer of a fire fighting authority.

(2) An authorised person may, with the permission of the fire fighting authority or other authority responsible for unoccupied Crown land or managed land or a person nominated by the authority to give such permission, enter the land and carry out bush fire hazard reduction work with the assistance of such other persons as the authorised person considers to be necessary for the purpose.

(3) The authority responsible for unoccupied Crown land or managed land is to be taken to have given the permission under this section to the extent necessary to give effect to a bush fire risk management plan.

(4) If permission under this section is given subject to conditions, the conditions must be complied with.

s 65: Subst 2009 No 74, Sch 1 [9].

Bush fire hazard reduction notices

66 Bush fire hazard reduction notices

(1) A hazard management officer may, by notice in writing, require the owner or occupier of land to carry out bush fire hazard reduction work specified in the notice on the land.

(2) A hazard management officer must serve a notice under this section if required to do so by a bush fire risk management plan applicable to the land that is in force.

(3) A hazard management officer must issue a bush fire hazard reduction certificate in respect of any bush fire hazard reduction work required by a notice issued in accordance with subsection (2) unless the work required by the notice—

(a) is otherwise authorised to be carried out, or

(b) is not required to be authorised to be carried out under this or any other Act.

(4) A notice under this section may specify—

(a) the circumstances in which, conditions under which, places at which and manner and time within which the bush fire hazard reduction work is to be carried out, and

(b) any means by which the bush fire hazard reduction work is to be carried out and alternative means other than fire by which the work should, if practicable, be carried out.

(5) The time within which bush fire hazard reduction work is to be carried out must not be less than 7 days after the notice is given.

(6) The requirements and conditions so specified must include any requirements specified in a bush fire risk management plan that is applicable to the land and is in force and may include a requirement or condition that the burning of fire breaks or of combustible matter or other material—

(a) must, in a fire district constituted under the Fire and Rescue NSW Act 1989, be carried out by or under the supervision of the fire brigade in the district or the officer or fire fighter in charge of the fire brigade, or

(b) must, outside a fire district, be carried out by or under the supervision of the rural fire brigade specified in the notice or an appropriate officer of the rural fire brigade or any hazard management officer.

(7) A notice requiring the establishment of a fire break cannot require an occupier or owner to kill or remove any trees that are reasonably necessary—

(a) for shade, shelter, windbreak or fodder purposes, or

(b) for the protection of threatened species, populations, ecological communities or critical habitats within the meaning of the Threatened Species Conservation Act 1995.

Note.

See section 54 (2) for other possible limitations.

(8) An occupier or owner to whom a bush fire hazard reduction notice is given must, despite the fact that a fire permit has not been granted under Division 5, comply with the requirements specified in the notice.

Maximum penalty—

(a) for a corporation or public authority—100 penalty units, or

(b) for an individual—50 penalty units or imprisonment for 12 months.

(9) A notice under this section that is the subject of an objection or appeal under section 67 or 68 does not have effect until the objection or appeal is finally determined.

(10) This section does not apply in relation to bush fire hazard reduction work that—

(a) the Commissioner has determined is to be carried out in accordance with section 73 (1) (d), or

(b) comprises the establishment or maintenance of a fire trail.

s 66: Am 2002 No 67, Sch 3 [2]. Subst 2009 No 74, Sch 1 [9]. Am 2013 No 108, Sch 1 [11] [12]; 2018 No 59, Sch 5.1; 2020 No 37, Sch 1[14] [15].

Objection to notices

67 Objection to notices

(1) The owner or occupier of land on whom a notice has been served under section 66 may, within 7 days of the service of the notice, lodge an objection with the hazard management officer who served the notice stating the grounds of objection, or, if that officer is not available, any other hazard management officer.

(2) If a person lodges an objection, the hazard management officer and the person must genuinely attempt to resolve the matter by consultation having regard to—

(a) the provisions of any bush fire risk management plan applicable to the land that is in force, and

(b) the matters referred to in section 66 (7), and

(c) the proper needs for conservation, and

(d) such other matters as may be prescribed by the regulations.

(3) Within 14 days of the lodging of an objection, the hazard management officer must—

(a) confirm the notice, or

(b) vary the notice, if the hazard management officer is satisfied that the variation will appropriately address the threat of fire, or

(c) withdraw the notice, if the hazard management officer is satisfied that there is no longer any need for the notice to be served.

(4) If the hazard management officer confirms or varies the notice, the officer must give the person who lodged the objection notice of the decision and must specify a time after the notice is given within which the person must comply with the notice as confirmed or varied.

s 67: Am 1997 No 147, Sch 1.22 [1]; 1998 No 19, Sch 2 [4]–[7]. Subst 2009 No 74, Sch 1 [9].

Appeal against notices

68 Appeal against notices

(1) If a person has lodged an objection under section 67 and—

(a) the hazard management officer has failed to confirm, vary or withdraw the notice within 14 days, or

(b) the person is not satisfied with the confirmation or variation of the notice,

the person may appeal in writing to the Commissioner within 7 days of the end of the 14 day period or the date of the confirmation or variation, whichever is earlier, stating the grounds of appeal.

(2) The Commissioner must—

(a) consider the appeal within a reasonable time, and

(b) take into account all relevant circumstances, including the matters referred to in section 67 (2).

(3) After considering the appeal, the Commissioner must—

(a) confirm the notice, or

(b) vary the notice in any way the Commissioner thinks fit, or

(c) cancel the notice.

(4) If the Commissioner confirms or varies the notice, the Commissioner must give the person who lodged the appeal notice of his or her decision and must specify a time after the notice is given within which the person must comply with the notice as confirmed or varied.

s 68: Am 1998 No 19, Sch 2 [8]. Subst 2009 No 74, Sch 1 [9].

Powers and duties of hazard management officer

69 Powers and duties of hazard management officer

(1) A hazard management officer may, for the purpose of forming an opinion as to—

(a) whether a notice under section 66 should be served on the occupier or owner of any land, or

(b) whether or not such a notice has been complied with,

enter during the daytime any part of the land (other than a dwelling-house) that it is necessary to inspect in order to form that opinion.

(2) A hazard management officer who requires an occupier or owner of land to take action under a bush fire hazard reduction notice must give notice in the approved form to such persons or bodies as may be prescribed by the regulations.

(3) It is a duty of a hazard management officer to keep a record of whether or not bush fire hazard reduction work has been carried out in accordance with a bush fire hazard reduction notice.

Note.

The Land and Environment Court has jurisdiction to hear and dispose of proceedings under this Act. See section 20 of the Land and Environment Court Act 1979.

s 69: Am 2002 No 67, Sch 4 [3] [4]. Subst 2009 No 74, Sch 1 [9].

Bush fire hazard reduction work in default of compliance with notice

70 Bush fire hazard reduction work in default of compliance with notice

(1) In this section—

relevant notice means—

(a) a bush fire hazard reduction notice, or

(b) if a bush fire hazard reduction notice is the subject of an objection or appeal, a notice under section 67 (4) or 68 (4), respectively.

(2) If within the time specified in the relevant notice the owner or occupier to whom it is given fails to comply with any requirement of the notice, the Commissioner may, without prejudice to the liability of the owner or occupier, enter on the land and carry out the bush fire hazard reduction work the owner or occupier was required to do under the notice.

(3) Any costs incurred by the Commissioner in carrying out such work (including costs incurred in obtaining the approval of any local or public authority under any other law to carry out the work) may be recovered from the owner or occupier of the land as a debt due to the Crown in a court of competent jurisdiction.

s 70: Subst 2009 No 74, Sch 1 [9].

Defence to court proceedings

71 Defence to court proceedings

If—

(a) the occupier and the owner of the land in respect of which a bush fire hazard reduction notice is given are not the same person, and

(b) the owner of that land has been prosecuted under section 66 or an action for recovery of costs has been taken against the owner under section 70,

it is a defence to that prosecution or action if the court is satisfied that that owner had no legal right, as between the owner and the occupier of that land, to enter that land and comply with the requirements of the notice.

s 71: Am 2009 No 74, Sch 1 [10].

Certain damage to property caused by bush fire hazard reduction work covered by fire insurance

72 Certain damage to property caused by bush fire hazard reduction work covered by fire insurance

(1) Any damage to property caused by a person in the exercise in good faith of a power conferred by or under this Division is to be taken to be damage by fire within the meaning of any policy of insurance against fire covering the damaged property.

(2) This section does not apply in relation to an entry on land that is authorised by section 70 (which relates to entry on land after failure to comply with a bush fire hazard reduction notice).

Bush fire hazard reduction by Commissioner

73 Bush fire hazard reduction by Commissioner

(1) The Commissioner may carry out bush fire hazard reduction work on land—

(a) if the work has not been carried out on land by a public authority or owner or occupier of land when, or in the manner, required by a bush fire risk management plan, or

(b) if, in the opinion of the Commissioner, a public authority or owner or occupier of land has not properly performed a duty under section 63 to take notified steps, or any other practicable steps, that is imposed on the public authority or owner or occupier, or

(c) (Repealed)

(d) if the Commissioner serves a notice addressed (by the description of “Owner” or “Occupier”) to the owner or occupier of the land specifying—

(i) the circumstances in which, conditions under which and manner and time within which the bush fire hazard reduction work is to be carried out, and

(ii) any means by which the bush fire hazard reduction work is to be carried out and alternative means other than fire by which the work should, if practicable, be carried out,

and after reasonable inquiry conducted over a period of not less than 7 days, the Commissioner cannot ascertain the identity and location of the owner or occupier.

Note.

The bush fire hazard reduction work can be carried out by the Commissioner on land with the consent of the owner or occupier or following notice to the owner or occupier under section 66, if the identity and location of the owner or occupier is ascertained.

(2) Any costs incurred by the Commissioner in carrying out work under subsection (1)(a) or (b) (including costs incurred in obtaining the approval of any local or public authority under any other law to carry out the work) may be recovered from the responsible person or authority as a debt due to the Crown in a court of competent jurisdiction.

(3) Before carrying out any bush fire hazard reduction work under this section, the Commissioner must certify a bush fire hazard reduction certificate in respect of the work in accordance with section 100G.

(4) In this section—

responsible person or authority means a public authority or owner or occupier of land referred to in subsection (1).

s 73: Subst 2002 No 67, Sch 3 [3]. Am 2009 No 74, Sch 1 [11]; 2013 No 108, Sch 1 [13] [14]; 2020 No 37, Sch 1[16] [17].

Bush fire hazard reduction reports

74 Bush fire hazard reduction reports

(1) Each public authority that is responsible for managed land must report to the Commissioner not later than 1 month after the end of the financial year on its activities to reduce bush fire hazards on the managed land during the preceding financial year.

(1A) In addition to the annual report, each public authority that is responsible for managed land must report to the Commissioner not later than 7 days after the end of each month on—

(a) its activities to reduce bush fire hazards on the managed land during the preceding month, and

(b) if any activities planned for that month were not carried out, the reasons for that omission.

(2) Any such report must include—

(a) details of the extent of implementation of any scheme for the reduction of bush fire hazards set out in a bush fire risk management plan that applies to the land, and

(b) information about such other matters (if any) as are prescribed by the regulations.

(3) The annual reporting information prepared for the Service under the Government Sector Finance Act 2018 must include details of information contained in a report under subsection (1) for the annual reporting period to which the information relates.

s 74: Subst 2002 No 67, Sch 3 [4]; 2009 No 74, Sch 1 [12]; Am 2013 No 108, Sch 1 [15]–[18]; 2018 No 70, Sch 4.91[2].

Division 2A

Bush fire hazard complaints

Division 2A Bush fire hazard complaints

pt 4, div 2A: Ins 2002 No 67, Sch 3 [5].

74A

Bush fire hazard complaints

74A Bush fire hazard complaints

(1) A complaint may be made under this Division that a bush fire hazard exists on land because of the failure of a public authority or owner or occupier of the land to carry out bush fire hazard reduction work on the land (a bush fire hazard complaint).

(2) A bush fire hazard complaint may be made whether or not the public authority or owner or occupier concerned has a duty under section 63 to carry out the work.

s 74A: Ins 2002 No 67, Sch 3 [5].

74B

Who may make a bush fire hazard complaint

74B Who may make a bush fire hazard complaint

A bush fire hazard complaint may be made by any owner or occupier of land adjacent to or in the vicinity of the land to which the complaint relates.

s 74B: Ins 2002 No 67, Sch 3 [5].

74C

How and to whom are complaints to be made

74C How and to whom are complaints to be made

(1) A bush fire hazard complaint is to be made by giving it, or sending it by post—

(a) if the complaint relates to unoccupied Crown land or managed land for which a public authority is responsible—to the Commissioner, or

(b) in the case of any other land—to the local authority of the local government area in which the land is located.

(2) A bush fire hazard complaint must be made in writing, must identify the complainant and must state the grounds for the complaint.

(3) A local authority must refer any complaint made to it under this Division to the Commissioner within 14 days of receipt of the complaint.

(4) Written notice of the making of the complaint and the grounds of the complaint are to be given to the owner or occupier or public authority responsible for the land to which the complaint relates as soon as practicable after receipt of the complaint.

s 74C: Ins 2002 No 67, Sch 3 [5]. Am 2009 No 74, Sch 1 [13].

74CA

Misdirected complaints

74CA Misdirected complaints

(1) A written communication made to a public authority (other than the relevant local authority) that, if it were made to the Commissioner or the relevant local authority, would be a bush fire hazard complaint relating to land owned or occupied by, or vested in or under the control or management of, the public authority—

(a) must be referred by the public authority to the Commissioner within 14 days of receipt of the communication, and

(b) is taken to be a bush fire hazard complaint for the purposes of this Division even though it was not made to the Commissioner or the relevant local authority.

(2) Despite subsection (1)(b) and section 74C(4), written notice of the communication does not need to be given to the public authority.

(3) In this section, relevant local authority means the local authority of the local government area in which the land to which the written communication relates is located.

s 74CA: Ins 2020 No 37, Sch 1[18].

74D

Investigation of complaint

74D Investigation of complaint

(1) The Commissioner must investigate the bush fire hazard complaint as soon as practicable after it is received.

(2) The Commissioner may investigate the complaint as the Commissioner thinks fit.

(3) Without limiting subsection (2), the Commissioner (or a person authorised by the Commissioner) may, for the purpose of forming an opinion as to whether a bush fire hazard exists on the land to which the complaint relates, enter during the daytime any part of the land (other than a dwelling-house) that it is necessary to inspect in order to form that opinion.

(4) The Commissioner may decline to deal with a complaint, or dismiss a complaint, that the Commissioner considers to be vexatious, misconceived, frivolous or lacking in substance.

(5) The Commissioner is to notify the complainant if the Commissioner declines to deal with, or dismisses, the complaint.

s 74D: Ins 2002 No 67, Sch 3 [5]. Am 2009 No 74, Sch 1 [14] [15].

74E

Action that may be taken by Commissioner if bush fire hazard exists

74E Action that may be taken by Commissioner if bush fire hazard exists

(1) If the Commissioner finds that a bush fire hazard exists on land to which a bush fire hazard complaint relates, the Commissioner—

(a) may direct a hazard management officer to serve a notice under section 66 on the owner or occupier of the land if no bush fire hazard reduction notice has been served on the owner or occupier of the land, or

(b) may, subject to sections 67 and 68, exercise his or her powers under section 70 in respect of the land if a bush fire hazard reduction notice has been served on the owner or occupier of the land.

(2), (3) (Repealed)

s 74E: Ins 2002 No 67, Sch 3 [5]. Subst 2009 No 74, Sch 1 [16]. Am 2020 No 37, Sch 1[19] [20].

74F

Complainant to be notified of action taken

74F Complainant to be notified of action taken

If any action is taken by the Commissioner in relation to a bush fire hazard complaint, the Commissioner must, as soon as practicable after it is taken, advise the complainant of the action taken.

s 74F: Ins 2002 No 67, Sch 3 [5]. Subst 2009 No 74, Sch 1 [16].

74G

74G, 74H (Repealed)

Definitions

75 Definitions

In this Division—

adjoining owners means the owners or occupiers of land on either side of a dividing fence.

dividing fence means a fence separating land owned or occupied by different persons.

fence means a structure, ditch or embankment, or a hedge or similar vegetation barrier, enclosing or bounding land, whether or not continuous or extending along the whole of the boundary separating the land from other land and includes—

(a) any gate, cattlegrid or apparatus necessary for the operation of the fence, and

(b) any foundation or support necessary for the support and maintenance of the fence.

s 75: Am 2020 No 37, Sch 1[21] [22].

Notices to repair or restore dividing fences

76 Notices to repair or restore dividing fences

(1) An adjoining owner who has cleared land on the adjoining owner’s side of a dividing fence of all combustible matter for a distance of 6 metres from the fence may, by notice in writing, require the adjoining owner on the other side of the fence to repair or restore the dividing fence if it is damaged or destroyed by a bush fire caused by the failure of the other adjoining owner to clear the adjoining owner’s side of the fence of all combustible matter for the same distance.

(2) The adjoining owner to whom a notice is given must repair or restore the dividing fence at that adjoining owner’s expense—

(a) within one month of being given the notice, or

(b) within such longer period as the Local Court may allow on application by the adjoining owner to the Local Court.

(3) The dividing fence is to be restored to a reasonable standard, having regard to its state before damage or destruction.

(4) The adjoining owner may apply to the Local Court for an order authorising the adjoining owner to repair or restore the fence if—

(a) the adjoining owner to whom a notice is given fails to repair or restore the fence in the required time, or

(b) the adjoining owner has not, after making reasonable inquiries, been able to ascertain the whereabouts of the adjoining owner for the purposes of serving the notice.

(5) An adjoining owner who repairs or restores a fence under this section (including the owner’s employees or agents) may, at any reasonable time, enter on the land adjoining the dividing fence for the purpose of carrying out the work.

(6) (Repealed)

s 76: Am 2002 No 67, Sch 3 [6]; 2007 No 94, Sch 2.

Recovery of costs

77 Recovery of costs

(1) An adjoining owner who repairs or restores a fence in accordance with an order under section 76 (4) is entitled to recover from the other adjoining owner the cost of carrying out the work.

(2) Any money that an adjoining owner is required or liable to pay under this section may be recovered as a debt in a court of competent jurisdiction.

(3) In any proceedings for the recovery of money the certificate of the Local Court as to the making and content of an order made by it under section 76 is evidence of the matters set out in the certificate.

s 77: Am 2007 No 94, Sch 2.

Jurisdiction of Local Court

78 Jurisdiction of Local Court

The Local Court has jurisdiction to hear and determine any matter arising under this Division.

s 78: Am 2007 No 94, Sch 3.

Entry to land to extinguish fire

79 Entry to land to extinguish fire

An adjoining owner who has cleared land in the manner referred to in section 76 may enter the land of an adjoining owner who has failed to so clear that adjoining owner’s land and take all necessary steps to extinguish any unattended fire that at its closest point has approached a distance that unreasonably endangers or threatens the adjoining owner’s land and any fence or property on it.

80

80 (Repealed)

General bush fire danger period

81 General bush fire danger period

For the purposes of this Act, the bush fire danger period in respect of land in the State is, except as provided by section 82, the period commencing on 1 October and ending on 31 March in the following year.

Local bush fire danger period

82 Local bush fire danger period

(1) The Commissioner may modify, in respect of all or part of a local government area, the bush fire danger period set out in section 81 by order published in the Gazette declaring—

(a) that there is no bush fire danger period in the area or part, or

(b) that a different period is the bush fire danger period for the area or part.

(2) An order may also be published in any other manner approved in writing by the Minister.

(3) An order may be made on the Commissioner’s own initiative or on the recommendation of a Bush Fire Management Committee for the area.

(4) An order remains in force until whichever of the following occurs first—

(a) the end of the period specified in the order as the period for which it is in force,

(b) the revocation of the order by the Commissioner.

s 82: Subst 2002 No 67, Sch 4 [5]; 2018 No 59, Sch 2 [10].

Consultation required before local bush fire danger period declaration made

83 Consultation required before local bush fire danger period declaration made

(1) The Commissioner must, before making a declaration under section 82 that is to have effect only for the bush fire danger period occurring when the declaration is made, consult with and take into account any recommendations made—

(a) by the local authority for any area to which the declaration relates, and

(b) by any fire fighting authority exercising functions in the rural fire district or fire district constituted for the area.

(2) The Commissioner must, before making a declaration under section 82 on the Commissioner’s own initiative that is to have effect for a period or periods subsequent to the bush fire danger period occurring when the declaration is made, consult with and take into account any recommendations made by the Bush Fire Management Committee for the area.

s 83: Subst 2002 No 67, Sch 4 [6].

84

84 (Repealed)

Definitions

85 Definitions

In this Division—

appropriate authority, in relation to a fire permit in respect of land, means—

(a) in the case of land in a rural fire district—the Commissioner of the NSW Rural Fire Service,

(b) (Repealed)

(c) in the case of land in a fire district—the Commissioner of Fire and Rescue NSW.

(d) (Repealed)

land clearance means clearing land of bush, stubble, scrub, timber, trees, grass or vegetative or other material.

light a fire includes—

(a) maintain or use a fire, and

(b) cause a fire to be lit, maintained or used.

s 85: Am 2002 No 67, Sch 4 [8] [9]; 2012 No 103, Sch 2 [5].

Notice and certain authorities required before certain fires lit

86 Notice and certain authorities required before certain fires lit

(1) A person who lights a fire on land—

(a) for the purpose of land clearance or for burning any fire break, or

(b) in circumstances in which doing so would be likely to be dangerous to any building,

is guilty of an offence unless the person has given notice in accordance with the regulations to the persons prescribed by the regulations.

Maximum penalty—50 penalty units or imprisonment for 12 months, or both.

(1A) A person who lights a fire on land for the purpose of land clearance or for burning any fire break is guilty of an offence unless—

(a) a bush fire hazard reduction certificate has been issued in respect of the land clearance or fire break, or

(b) any approval, consent or other authority required for the land clearance or fire break under the Environmental Planning and Assessment Act 1979 or any other law has been given.

Maximum penalty—50 penalty units or imprisonment for 12 months, or both.

(2) Nothing in this section requires an authorised officer of a fire fighting authority to give notice of the lighting of a fire for the purpose of back burning.

Note.

An authorised officer is not required to obtain various other approvals or authorities if carrying out an emergency fire fighting act—see Part 6A.

s 86: Am 2000 No 104, Sch 1 [22]; 2002 No 67, Schs 3 [8], 4 [10]; 2002 No 112, Sch 2.21.

Lighting fires for land clearance or fire breaks in bush fire danger period

87 Lighting fires for land clearance or fire breaks in bush fire danger period

(1) A person who lights a fire on land for the purpose of land clearance or for burning any fire break during a bush fire danger period that applies to the land is guilty of an offence unless the person—

(a) is authorised to do so by a fire permit issued by the appropriate authority and the person complies with any conditions set out in the fire permit, and

(b) has given notice in accordance with section 86.

Maximum penalty—50 penalty units or imprisonment for 12 months, or both.

(2) Nothing in this section requires an authorised officer of a fire fighting authority who lights a fire for the purpose of back burning to be authorised to do so by a fire permit or to give any notice before lighting such a fire.

Note.

An authorised officer is not required to obtain various other approvals or authorities if carrying out an emergency fire fighting act—see Part 6A.

s 87: Am 2000 No 104, Sch 1 [23]; 2002 No 67, Sch 4 [11].

Lighting fires that are dangerous to buildings in fire districts and rural fire districts

88 Lighting fires that are dangerous to buildings in fire districts and rural fire districts

(1) A person who lights a fire on land within a fire district or rural fire district in circumstances in which doing so would be likely to be dangerous to any building is guilty of an offence unless the person—

(a) is authorised to do so by a fire permit issued by the appropriate authority and the person complies with any conditions set out in the fire permit, and

(b) has given notice in accordance with section 86.

Maximum penalty—50 penalty units or imprisonment for 12 months, or both.

(2) Nothing in this section requires an authorised officer of a fire fighting authority who lights a fire for the purpose of back burning on land within a fire district or rural fire district to be authorised to do so by a fire permit or to give any notice before lighting such a fire.

Note.

An authorised officer is not required to obtain various other approvals or authorities if carrying out an emergency fire fighting act—see Part 6A.

s 88: Am 1997 No 147, Sch 1.22 [2]; 2000 No 104, Sch 1 [24]; 2002 No 67, Sch 4 [12]–[15].

Issue of permits

89 Issue of permits

(1) An appropriate authority may issue to any person a fire permit in writing authorising the person to light a fire on land specified in the permit for the purpose specified in the permit.

(2) An appropriate authority may issue a fire permit for a purpose only if—

(a) a bush fire hazard reduction certificate has been issued in respect of the purpose, or

(b) the person confirms the person has obtained all approvals, consents or other authorities required under the Environmental Planning and Assessment Act 1979 or another law, or

(c) lighting a fire for the purpose does not contravene any other Act or law.

s 89: Am 2002 No 67, Sch 3 [9]; 2002 No 112, Sch 2.21; 2014 No 66, Sch 1 [1] [2]; 2023 No 42, Sch 4[7].

More sections below

Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.

Part 1 Preliminary

Note.

pt 1, note: Am 2018 No 59, Sch 5.1.

1 Name of Act

This Act is the Rural Fires Act 1997.

2 Commencement

This Act commences on a day or days to be appointed by proclamation.

3 Objects of Act

The objects of this Act are to provide—

(a) for the prevention, mitigation and suppression of bush and other fires in local government areas (or parts of areas) and other parts of the State constituted as rural fire districts, and

(b) for the co-ordination of bush fire fighting and bush fire prevention throughout the State, and

(c) for the protection of persons from injury or death, and property from damage, arising from fires, and

(c1) for the protection of infrastructure and environmental, economic, cultural, agricultural and community assets from damage arising from fires, and

(d) for the protection of the environment by requiring certain activities referred to in paragraphs (a)–(c1) to be carried out having regard to the principles of ecologically sustainable development described in section 6 (2) of the Protection of the Environment Administration Act 1991.

s 3: Am 2013 No 108, Sch 1 [1] [2].

4 Definitions

(1) Definitions are contained in the Dictionary at the end of this Act.

Note.

Expressions used in this Act (or in a particular provision of this Act) that are defined in the have the meanings set out in that Act.