100CCarrying out bush fire hazard reduction work

#### 100C Carrying out bush fire hazard reduction work 100C Carrying out bush fire hazard reduction work > > (1) An environmental planning instrument under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) cannot prohibit, require development consent for or otherwise restrict the doing of— > > > > > (a) emergency bush fire hazard reduction work on any land, or > > > > > (b) managed bush fire hazard reduction work on land other than excluded land. > > > (2) Part 5 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) does not apply to or in respect of emergency bush fire hazard reduction work carried out on any land. > > > (3) Part 5 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) does not apply to or in respect of managed bush fire hazard reduction work carried out on land other than excluded land if— > > > > > (a) the work is carried out in accordance with a bush fire risk management plan that applies to the land, and > > > > > (b) there is a bush fire hazard reduction certificate in force in respect of the work and the work is carried out in accordance with any conditions specified in the certificate, and > > > > > (c) the work is carried out in accordance with the provisions of a bush fire code applying to the land specified in the certificate. > > > > Note. > > > > If work to which Part 5 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) would apply but for this subsection is not carried out in accordance with this subsection, the person carrying out the work will be in breach of that Act. > > > (4) Bush fire hazard reduction work may be carried out on land despite any requirement for a licence, approval, consent or other authorisation for the work made by the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063), the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) or any other Act or instrument made under an Act only if— > > > > > (a) the work is carried out in accordance with a bush fire risk management plan that applies to the land, and > > > > > (b) there is a bush fire hazard reduction certificate in force in respect of the work and the work is carried out in accordance with any conditions specified in the certificate, and > > > > > (c) the work is carried out in accordance with the provisions of any bush fire code applying to the land specified in the certificate. > > > (5) A person is not guilty of an offence under any of the following Acts merely because of the carrying out of bush fire hazard reduction work in accordance with subsection (4)— > > > > > (a) (Repealed) > > > > > (b) [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), > > > > > (c) [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038), > > > > > (d) [Heritage Act 1977](/view/html/inforce/current/act-1977-136), > > > > > (e) Part 5A of the [Local Land Services Act 2013](/view/html/inforce/current/act-2013-051), > > > > > (f) [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156), > > > > > (g) [Soil Conservation Act 1938](/view/html/inforce/current/act-1938-010). > > > > Note. > > > > Failure to comply with subsection (4) (a), (b) and (c) when carrying out bush fire hazard reduction work may expose a person to offences under the Acts referred to above. > > > (6) Bush fire hazard reduction work carried out in accordance with a bush fire hazard reduction notice on a neighbourhood safer place or land adjacent to a neighbourhood safer place is deemed to be emergency bush fire hazard reduction work for the purposes of this section. > > **s 100C:** Ins 2002 No 67, Sch 3 \[11\]. Am 2004 No 55, Sch 1.37; 2010 No 130, Sch 1 \[6\]; 2012 No 96, Sch 4.37 \[3\]; 2015 No 20, Sch 1 \[1\] \[2\]; 2016 No 20, Sch 4.6 \[1\]; 2016 No 63, Sch 11.9 \[2\]; 2018 No 59, Sch 2 \[16\].