Rural Fires Regulation 2022

The Regulation defines or relies on several key concepts central to its operation. The term “appropriate authority” is defined by reference to the Act, section 85, and is the authority that can issue fire permits for a given area. “Appropriate disciplinary authority” for disciplinary action under section 10 refers to either a member of the Service appointed by the Commissioner or, if none, a disciplinary panel constituted under the Service Standards. The “brigade register” is the register for a rural fire brigade required to be kept under the Act, section 20, and listing on that register determines membership.

“Relevant land” is a critical concept for fire permit and hazard reduction notification obligations: it means land within 8 kilometres (or another distance specified in a bush fire management plan) of NPWS land (land reserved under the National Parks and Wildlife Act 1974) or forestry land (State forests, flora reserves, timber reserves under the Forestry Act 2012, or land subject to a forestry right under the Conveyancing Act 1919). “Light a fire” is defined by reference to the Act, section 85; it is not separately expanded in the Regulation.

“Service Standard” means a policy statement issued by the Commissioner under the Act, section 13. These Standards govern numerous operational matters, including the procedure for disciplinary action, competency levels for brigade members, incident report requirements, and constitution reviews. “Planning for Bush Fire Protection” is the document prescribed by the Environmental Planning and Assessment Regulation 2021, section 271; it is central to bush fire safety authority applications and development exclusions.

“Bush fire danger period” is a concept carried forward from the Act, and Division 2 of Part 4 applies specifically during those periods. The Regulation imposes stricter fire restrictions during such periods, including a general 2-metre clear zone around cooking fires and specific distances for garbage burning (30 metres at waste depots, 5 metres otherwise). “Fire prohibition zones” are defined in Schedule 1, which groups local government areas into 19 zones (e.g., Far North Coast, Greater Hunter, Far Western). These zones are used for total fire ban orders and directions under the Act, section 99.

The concept of “managed land” is extended by section 42 for the purposes of the Act, sections 65, 74 and 74C. It now includes land dedicated for a public purpose owned by a local authority, community land under the Local Government Act 1993, roads vested in a local authority, freeways or motorways, and land under the care of the Minister for Agriculture and Western NSW, the Lands Administration Ministerial Corporation, or administrators of statutory land managers under the Crown Land Management Act 2016 (but excluding land subject to a holding or enclosure permit). “Excluded land” for the purposes of the Act, section 100A includes land that was critical habitat declared under the now-repealed Threatened Species Conservation Act 1995 and land within Lord Howe Island.

The Regulation has a broad field of operation, affecting rural fire brigade members and officers, responsible authorities, local councils, the Commissioner of the NSW Rural Fire Service, the Bush Fire Co-ordinating Committee, Bush Fire Management Committees, public authorities, landowners, occupiers, developers, and any person lighting a fire in a rural or bush fire prone area.

Members and officers of rural fire brigades are directly governed by Part 2. Their eligibility for membership, probationary status (default six months), conditions of membership, and potential removal or disciplinary action are all regulated. The responsible authority for a brigade , which may be a local authority, multiple local authorities acting jointly, or the Commissioner , decides membership and constitution matters and can refuse listing or remove names. Appeals against refusal or removal are available to the Commissioner or the Minister depending on who the responsible authority is.

Bush Fire Management Committees are constituted under Part 3 and consist of nominated representatives from local authorities, the Forestry Corporation, Fire and Rescue NSW, the NSW Police Force, electricity distribution network service providers, Local Land Services, the Department (Planning, Industry and Environment), Transport for NSW, the Nature Conservation Council, rural fire brigades, a rural landholder nominated by the NSW Farmers’ Association or the local authority, Local Aboriginal Land Councils, and other persons approved by the Bush Fire Co-ordinating Committee. These committees have advisory and coordination functions but must not conduct fire fighting or prevention operations themselves.

The fire prevention provisions in Part 4 affect a wide range of persons. Anyone lighting a fire to demolish a building or destroy old building materials commits an offence unless they have a fire permit. Sawmill operators burning waste must use an incinerator, a fenced enclosure with a 1.8-metre high fire resistant fence, a pit, or a permit. Persons using steam-powered machines in agricultural, pastoral, or railway settings must fit spark arresters meeting Australian Standard AS 1019-2000. Farmers and others using motorised machines in grass, crop or stubble land must maintain machines to avoid fire outbreak and carry prescribed fire safety equipment (knapsack spray pump, liquid fire extinguisher, or dry powder extinguisher). Welding, using explosives, angle grinders, or other spark-generating implements also require fire safety equipment during agricultural or pastoral use.

During bush fire danger periods, the restrictions tighten further. Anyone lighting a fire in the open for cooking must clear combustible matter for at least 2 metres. Lighting fires at waste depots requires a 30-metre clear zone. Household garbage burning elsewhere requires an incinerator, a permit, or a 5-metre clear zone. Charcoal production and eucalyptus distillation fires are heavily restricted, with 30-metre clear zones required and a prohibition on lighting such fires at all unless conditions are met. The tobacco product offence under section 29 applies to any person within 15 metres of a combustible agricultural product during a bush fire danger period, with a maximum penalty of 50 penalty units.

Developers and landowners in bush fire prone areas are affected by the bush fire safety authority requirements in sections 45 and 46. Applications must include detailed vegetation classification, slope assessment, bush fire assessment addressing asset protection zones, water supplies, road capacity, access, construction standards, and sprinkler systems. Certain developments are excluded from requiring an authority, including licensed premises without overnight accommodation, strata subdivision of compliant buildings, boundary adjustments, flagpoles, driveways, and minor external alterations.

The Regulation imposes numerous duties on responsible authorities, brigade members, officers, and persons lighting fires. It also creates corresponding rights, particularly rights of appeal against adverse decisions.

Duties of responsible authorities and the Commissioner
A rural fire brigade must have a constitution in a form approved by the responsible authority, and the Commissioner may direct the responsible authority to approve a form. If the responsible authority fails to comply within 21 days, the Commissioner may step in and approve the constitution, after which the responsible authority cannot amend, revoke or replace it. The Commissioner must review the constitution annually considering relevant Service Standards (section 4). Officers of a brigade must be appointed within 21 days of a request by the Commissioner (section 5). The responsible authority must remove a member’s name from the brigade register upon death or written application, and may remove upon breach of discipline, mental incapacity, conviction of an offence carrying 12 months or more imprisonment, or if the person is no longer fit and proper. The authority must give notice before removal under certain grounds, and removal cannot occur until 21 days after notice, subject to appeal rights (sections 8, 9). Incident reports must be provided by the officer in charge to the fire control officer and the Commissioner within the time required by Service Standards (section 12).

Duties of members and officers
Members are guilty of breach of discipline if they contravene the Act or Regulation, are negligent, careless, inefficient or incompetent, or fail to comply with Service Standards (section 10). The appropriate disciplinary authority may reprimand, suspend, or recommend demotion, disqualification, removal, or imposition of conditions, but only after investigation and at least 14 days’ notice of findings and proposed action. Members have a right to appeal proposed disciplinary action to the responsible authority within 14 days (section 11). Probationary members must achieve a satisfactory level of competency required by Service Standards and comply with conditions to have membership confirmed (section 7).

Duties of persons lighting fires
Part 4 creates a series of strict liability offences (with maximum penalties of 20 penalty units for most) for lighting fires in prohibited circumstances. The duty is not to light a fire to demolish buildings or destroy building materials unless under a fire permit (section 20). Sawmill waste fires must be lit in specified enclosures or pits with clearance distances and firefighting equipment (section 21). Steam-powered machines must have spark arresters meeting AS 1019-2000 (section 22). Motorised machines in grass, crop or stubble land must be constructed to avoid contact with combustible matter, maintained, and carry prescribed fire safety equipment (section 23). Welding, explosives, angle grinders and similar implements also require fire safety equipment.

During bush fire danger periods, cooking fires require a 2-metre clear zone (section 26). Garbage fires at waste depots require 30-metre clearance, while household garbage elsewhere requires an incinerator, permit, or 5-metre clearance (section 27). Charcoal and eucalyptus distillation fires are generally prohibited unless a 30-metre clear zone exists (section 28). The tobacco product offence prohibits lighting, using, or carrying a lighted tobacco product within 15 metres of combustible agricultural products (section 29).

Notification duties
A person proposing to burn off or burn a fire break must give written or oral notice to occupiers and owners of contiguous land separated by a lane, road or waterway, and to the fire control officer (rural fire district) or officer in charge of the nearest fire station (fire district). The notice must include name, location, purpose, period and time, and be given within the fire permit period or at least 24 hours before lighting (section 34). The appropriate authority issuing a fire permit on relevant land must notify the Department or Forestry Corporation within 72 hours (section 35). A hazard management officer serving a bush fire hazard reduction notice must send a copy to the nearest NSW RFS office within 72 hours (section 32). The Commissioner intending to enter relevant land and light a fire in default of compliance must notify the nearest office of the Department or Forestry Corporation at least 24 hours before entry (section 33).

Rights of appeal
A person may appeal a refusal to list them on a brigade register or a decision to remove them (under specified grounds) to the appropriate appeal authority , the Commissioner if the responsible authority is a local authority, or the Minister if the responsible authority is the Commissioner. The appeal must be in writing within 21 days of notification. The appeal authority may confirm the decision or order listing or retention. The person’s name must not be removed while an appeal is pending (section 9). A member may also appeal proposed disciplinary action to the responsible authority within 14 days (section 11). Any notice or direction required to be served under the Act or Regulation may be served by various means including personal delivery, post, fax, email, document exchange, or affixing to land, with certain evidentiary presumptions (section 39).

The Regulation creates a range of offences with maximum penalties expressed in penalty units, and a separate penalty notice regime with fixed amounts. At the time of the Regulation’s making, one penalty unit under the Crimes (Sentencing Procedure) Act 1999 was $110, so 20 penalty units equals $2,200. However, the penalty notice amounts in Schedule 2 are often lower, providing an alternative enforcement mechanism.

Maximum penalties
Most fire prevention offences in Part 4 carry a maximum penalty of 20 penalty units (sections 20, 21, 22, 23). The offences are strict and do not require proof of intention or recklessness, though some have exceptions for permit holders. The tobacco product offence under section 29 during a bush fire danger period carries a maximum of 50 penalty units ($5,500), reflecting the heightened risk of careless smoking near grain, hay, standing crops, dry grass, and stubble fields. The destruction of notices or signs under section 31 carries a maximum of only 5 penalty units ($550).

Penalty notice offences (Schedule 2)
Schedule 2 lists specific offences for which a penalty notice may be issued under the Act, section 131. The amounts are fixed and provide an alternative to court prosecution. For offences under the Act itself, penalty notice amounts include: $550 for section 42 (certain fire prevention offences), $110 for section 62G(2) (obstruction), $440 for section 64, $2,200 (individual) or $4,400 (corporation/public authority) for section 66(8) (failure to comply with bush fire hazard reduction notice), $1,100 for sections 86(1), 87(1), 88(1) and 92(2) (offences relating to lighting fires, fire permits), $2,200 for section 99(11) (breach of total fire ban), and varying amounts for section 99A(1) (offences during total fire ban). For offences under the Regulation, the penalty notice amount is set at $660 for each of sections 20, 21(1) or (2), 22(1), 23(1) or (2), 26, 27(1) or (2), 28(1) or (3), and 29.

Authorised officers
For the purposes of issuing penalty notices, the authorised officers include police officers, persons authorised by a local authority, and persons authorised by the Commissioner (Schedule 2, clause 1(3)). This allows the RFS and local councils to issue on-the-spot fines for many fire prevention breaches.

Disciplinary action
Beyond criminal penalties, the Regulation provides for internal disciplinary action against brigade members and officers. If a member is found to have committed a breach of discipline (contravention of Act or Regulation, negligence, non-compliance with Service Standards), the appropriate disciplinary authority may reprimand, suspend, or recommend to the responsible authority that the member be demoted, disqualified from holding rank, removed from the brigade register, or have conditions imposed on membership (section 10). This dual system means that conduct may attract both a criminal penalty (e.g., lighting a fire without a permit) and internal disciplinary consequences.

Enforcement of hazard reduction notices
Failure to comply with a bush fire hazard reduction notice (Act, section 66(8)) attracts a high penalty notice amount ($2,200 for an individual, $4,400 for a corporation). The Commissioner may also enter land and carry out the work in default, subject to notification requirements under section 33 of the Regulation. The notification must be written, state the time or period when the fire is to be lit, and be sent at least 24 hours before entry.

The Regulation does not operate in isolation. It is explicitly tied to the Rural Fires Act 1997 (the Act) at every turn, and many provisions are made under specific sections of that Act. The Regulation also references numerous other NSW statutes and instruments.

Environmental planning and development legislation
The definition of “Planning for Bush Fire Protection” is cross-referenced to the Environmental Planning and Assessment Regulation 2021, section 271. Bush fire safety authority applications under section 45 must include vegetation classification in accordance with Planning for Bush Fire Protection, and the Commissioner may consider whether section 4.14 of the Environmental Planning and Assessment Act 1979 (concurrence of the Commissioner for certain bush fire prone land development) should apply. Section 46 excludes certain developments from requiring a bush fire safety authority, including strata subdivision where development consent was granted in accordance with EP&A Act section 4.14, and subdivision for consolidation or boundary adjustment where existing dwellings comply with Planning for Bush Fire Protection. The Regulation also adopts definitions from the Standard Instrument (Local Environmental Plans) Order 2006 for “dual occupancy”, “dwelling house”, and “secondary dwelling”, and from the Building Code of Australia for building classes.

Biodiversity and conservation legislation
Section 44 prescribes as “excluded land” for the purposes of the Act, section 100A land that was critical habitat under the Threatened Species Conservation Act 1995 and land within Lord Howe Island. Applications for bush fire hazard reduction certificates (section 48) must include details of threatened species or ecological communities under the Biodiversity Conservation Act 2016, and details of conservation agreements, biobanking agreements, or biodiversity stewardship agreements under that Act or its predecessors. Aboriginal objects and places under the National Parks and Wildlife Act 1974 must also be disclosed.

Land management legislation
The definition of “managed land” in section 42 extends to land under the care, control or management of the Minister for Agriculture and Western New South Wales, the Lands Administration Ministerial Corporation, or administrators appointed under the Crown Land Management Act 2016 (excluding land subject to a holding or enclosure permit). “Forestry land” includes land under the Forestry Act 2012, and notifications must be given to the Forestry Corporation and the Department (Planning, Industry and Environment) for fires on relevant land.

Local government
Local councils play a central role as responsible authorities for many rural fire brigades. Bush Fire Management Committees must not be committees of a council under the Local Government Act 1993 (section 14). Roads vested in a local authority are included in managed land for hazard reduction purposes. Local authorities are also authorised to issue penalty notices and may nominate persons to receive notices under section 36.

Emergency services and public safety
The Regulation prescribes additional public authorities for the purposes of voluntary cooperation under the Act, section 33. These include the Commissioner of Fire and Rescue NSW, the Commissioner of the NSW State Emergency Service, the Health Secretary (for ambulance services), and police officers. The prescribed functions that rural fire brigades may assist with include functions under the State Emergency and Rescue Management Act 1989, bush fire prevention and suppression, hazardous materials, traffic control, and ambulance services.

Crown land and western lands
Section 46 excludes from bush fire safety authority requirements subdivision of land leased under a Western lands lease under the Crown Land Management Act 2016, Schedule 3. Certain subdivisions in Western New South Wales districts (listed in section 46(2) as areas from Schedule 1) are also excluded if each lot exceeds 10 hectares, Category 1 or 2 vegetation is less than 10% of the lot, and each lot has direct road access.

Savings provisions
Section 49 provides that any act, matter or thing that had effect under the repealed Rural Fires Regulation 2013 continues to have effect under this Regulation. This ensures continuity of existing permits, appointments, and approvals without a lapse.

The Regulation, as published on the NSW legislation website, shows three amendment references. The first is in section 3 (definitions), which was amended by 2023 (71), Sch 1.8[1]. The amendment is not detailed in the source text, but it updated the definition section. The second is in section 45 (application for bush fire safety authority), amended by 2023 (71), Sch 1.8[2]. Again, the precise change is not specified in the source but likely related to the prescribed information requirements or cross-references. The third is in section 42 (reduction of fire hazards on managed land), amended by 2024 No 27, Sch 2.11. This amendment likely updated references to reflect machinery of government changes or the renaming of agencies, given that the section deals with land under the care of ministers and statutory bodies.

Schedule 2 (penalty notice offences) was amended by 2022 No 59, Sch 2.42. This amendment would have updated penalty amounts or added/removed offences in the schedule. The source text indicates the amendment was by an Act (2022 No 59), which is likely the Justice Legislation Amendment Act 2022 or similar that adjusted penalty notice amounts across multiple acts.

The Regulation itself commenced on 1 September 2022 (the date of publication on the NSW legislation website), replacing the Rural Fires Regulation 2013. The note to section 2 explains that the 2013 Regulation would otherwise have been repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2). The Regulation therefore continues the regulatory framework without a gap.

No other amendment history is provided in the source text. The Regulation may have been further amended by subsequent amending instruments not reflected in this version. Users should check the current version on the NSW legislation website for any later amendments.

The source text of the Rural Fires Regulation 2022 does not contain any references to litigation, court decisions, or legal proceedings. The Regulation is a subordinate instrument that has been in force since September 2022, and the text provided does not include any annotations or commentary on judicial interpretation of its provisions.

However, the Regulation operates under the Rural Fires Act 1997, which has generated a body of case law, particularly on issues such as bush fire hazard reduction notices, total fire ban enforcement, and the duties of landholders. The Regulation itself is relatively new and has not been the subject of reported decisions specifically interpreting its provisions. The penalty notice regime in Schedule 2 may be challenged in some circumstances, but the source material does not indicate any such challenges.

The definition of “fit and proper person” in the context of brigade membership (sections 6(2) and 8(2)(d)) could be expected to generate appeals. The appeal mechanism under section 9 provides for appeals to the Commissioner or the Minister, but these are internal administrative appeals and would not ordinarily result in published court decisions unless judicial review is sought.

The disciplinary provisions under sections 10 and 11 are similarly administrative in nature, with a right of appeal to the responsible authority. Again, these internal processes are unlikely to produce reported litigation unless a member seeks judicial review for jurisdictional error or denial of natural justice.

The offence provisions in Part 4, being penal in nature, could be prosecuted in the Local Court, and any appeal would go to the District Court or Supreme Court. But no such cases are noted in the source text.

Given the absence of any litigation history in the provided material, practitioners should be cautious and conduct their own search for any cases that may have interpreted the Regulation since its commencement.

The Regulation contains several provisions that may catch the unwary, particularly around notice requirements, distances, and the interaction between different regimes.

Contiguous land notice for burn offs (section 34)
The duty to give notice of intention to burn off or burn a fire break extends to occupiers of all land “contiguous to or separated by a lane, road or waterway, whether fenced or unfenced”. This is broader than simply adjoining land. The notice must be given to the fire control officer (rural fire district) or the officer in charge of the nearest fire station (fire district). The notice can be given orally, not just in writing. The timing is within the fire permit period or at least 24 hours before lighting. A failure to give proper notice is an offence under the Act (section 86) with a penalty notice amount of $1,100.

Prescribed conditions of fire permits (section 43)
By default, at least one person must be present at the site of the fire from the time it is lit until it is extinguished. This condition can be overridden by the fire permit itself. But if the permit is silent, the condition applies. Additionally, a fire may only be lit if consistent with a bush fire risk management plan applying to the land, and only in accordance with directions from the appropriate authority.

Relevant land triggers (definitions and sections 33, 35)
Land within 8 kilometres of NPWS land or forestry land triggers additional notification requirements. This distance can be varied by a bush fire management plan. The notification must go to the Department or the Forestry Corporation, not just the local RFS office. For the Commissioner entering land to carry out hazard reduction work in default of a notice (section 33), notification must be sent at least 24 hours before entry. For the issue of a fire permit (section 35), notification must be given within 72 hours.

Professional membership traps
The default probationary period for new brigade members is six months, unless the responsible authority decides otherwise (section 7). The responsible authority may remove a member who has been inactive for 12 months or more, or who has not paid annual subscription fees (section 8(3)). The removal for inactivity does not require a finding that the person is not fit and proper; it is an automatic trigger for forming that opinion. Notice must be given before removal, and there is a 21-day waiting period subject to appeal.

Appeal waiting periods
Under section 9(4), removal from the brigade register cannot occur if the decision is the subject of an appeal until the appeal is withdrawn or finally determined. This creates a stay effect. However, this protection only applies to removals under section 8(2)(b), (c) or (d) (mental incapacity, conviction, fit and proper). It does not apply to removal for death or written application (section 8(1)).

Tobacco product offence (section 29)
The penalty of 50 penalty units ($5,500) is significantly higher than other fire prevention offences. It applies not only to lighting a tobacco product but also to “using or carrying a lighted tobacco product” within 15 metres of a combustible agricultural product. The definition of “combustible agricultural product” includes a stack of grain, hay, corn or straw, a standing crop, an area of dry grass, or a stubble field. During a bush fire danger period, a farmer or worker carrying a lit cigarette in a stubble field could commit this offence even if no fire results.

Steam-powered machine standard (section 22)
The requirement that spark arresters comply with AS 1019-2000 is specific and mandatory. The standard is defined as the Australian Standard entitled “Internal combustion engines - Spark emission control devices” published in 2000. A machine that does not meet this standard cannot lawfully be used in connection with agricultural, pastoral, or railway land uses, even if it is otherwise in good condition.

Fire safety equipment for motorised machines (section 23)
The prescribed fire safety equipment is defined as a knapsack spray pump of 16 litre minimum capacity filled with water, or a liquid type fire extinguisher of 9 litre minimum capacity, or a dry powder type extinguisher of 0.9 kilogram minimum capacity. The equipment must be “carried on the machine, or nearby”. For welding, explosives, angle grinders, or other spark-generating implements, the person must carry the equipment, but there is no explicit requirement for it to be on the machine itself.

Service Standard compliance
Brigade members and officers must comply with Service Standards, and breach constitutes a disciplinary offence (section 10). These standards are not set out in the Regulation itself but are issued by the Commissioner under the Act. This means the substantive content of many obligations is delegated to policy statements that may be updated without legislative amendment. Practitioners should ensure they have access to the current Service Standards.

Compliance with the Rural Fires Regulation 2022 requires a multi-layered approach depending on the entity’s role.

For rural fire brigades and their responsible authorities
Ensure that the brigade has a constitution in a form approved by the responsible authority. The constitution must address the governing body, office bearers, name of the brigade, classification of members, meeting arrangements, voting rights, and fundraising conduct. The Commissioner may direct the responsible authority to approve a form, and failure to comply within 21 days allows the Commissioner to approve one unilaterally. The Commissioner must review the constitution annually. Appoint officers within 21 days of a request by the Commissioner. Maintain a brigade register listing all members. Impose conditions on membership as appropriate. Before refusing to list a person or removing a person (on grounds of mental incapacity, conviction, or fit and proper), give notice and allow appeal rights. Do not remove a name while an appeal is pending. Ensure incident reports are provided to the fire control officer and the Commissioner within the time required by Service Standards.

For Brigade members and officers
Complete the probationary period (default six months) and achieve satisfactory competency. Comply with conditions of membership. Notify if you wish to resign in writing. Be aware that inactivity for 12 months or non-payment of subscriptions may trigger removal. Comply with the Act, Regulation, and Service Standards to avoid disciplinary action. If facing proposed disciplinary action, consider appealing within 14 days after receiving the investigation findings and proposed action.

For persons lighting fires
Never light a fire to demolish a building or destroy building materials without a fire permit. For sawmill waste, use only an approved incinerator, a fenced enclosure (1.8 metres high, with waste top at least 600 mm below top of fence), a pit (600 mm below edge), or a permit. If using a fence or pit, clear combustible matter for 9 metres and have two knapsack spray pumps and 450 litres of water available. Ensure steam-powered machines have spark arresters meeting AS 1019-2000. For motorised machines on grass, crop or stubble land, ensure the machine is constructed to avoid contact with combustible matter, is well maintained, and have prescribed fire safety equipment carried on or nearby. For welding, explosives, angle grinders or similar, also have the equipment available. During bush fire danger periods, keep a 2-metre clear zone around cooking fires. For garbage burning at a waste depot, clear 30 metres; elsewhere, use an incinerator, permit, or clear 5 metres. Do not light fires for charcoal or eucalyptus distillation unless a 30-metre clear zone exists (excluding the timber, charcoal, or distillation material itself). Do not light, use, or carry a lighted tobacco product within 15 metres of combustible agricultural products (grain, hay, crops, dry grass, stubble).

Notification compliance
Before lighting a burn off, notify in writing or orally all contiguous occupiers (including across lanes, roads or waterways), the owner if no occupier, and the fire control officer (rural fire district) or nearest fire station officer (fire district). Provide name, location, purpose, period and time of fire. Give notice within the fire permit period or at least 24 hours before lighting. When a fire permit is issued for relevant land, notify the Department or Forestry Corporation within 72 hours. If a hazard management officer serves a bush fire hazard reduction notice, send a copy to the nearest RFS office within 72 hours. If the Commissioner intends to enter land in default of a notice and light a fire, notify the nearest Department or Forestry Corporation office at least 24 hours in advance.

Development compliance
When applying for a bush fire safety authority (section 45), ensure the application is in writing and includes property description, vegetation classification to 140 metres, slope assessment to 100 metres, identification of significant environmental features, details of known threatened species and Aboriginal objects, a bush fire assessment addressing asset protection zones, water supplies, road capacity, access, maintenance plans, construction standards, sprinkler systems, and registered fire trails. Include an assessment of conformity with Planning for Bush Fire Protection. For subdivisions in urban release areas, include additional prescribed information if seeking exclusion from EP&A Act section 4.14. Check whether the development is excluded from the requirement under section 46 (e.g., licensed premises without accommodation, strata subdivision of compliant buildings, boundary adjustments, minor works).

Penalty notice awareness
Be aware that many offences are subject to penalty notices, not just court prosecution. The amounts range from $110 to $4,400. For example, lighting a fire without a permit during a total fire ban in the relevant part of the State carries a penalty notice of $1,320 (offence under Act section 99A(1)(a)), while other breaches of the section carry $660. The penalty notice can be issued by police, local authority authorised persons, or Commissioner authorised persons. Prompt payment avoids court but constitutes an admission of liability.