The Rural Fires Regulation 2022 supplies the detailed procedures and technical rules that implement the Rural Fires Act 1997: brigade governance, membership and discipline, operational fire‑safety and burning controls, notice and application processes, and penalties. It affects brigade members and officers, responsible authorities (often local councils), the Commissioner, landholders and developers, and agencies on Bush Fire Management Committees. It matters because it allocates decision‑making powers, fixes timeframes and documentation requirements, and attaches enforcement costs that shape fire prevention, development and hazard‑reduction activities.
This Regulation,titled Rural Fires Regulation 2022,operationalises and supplements the Rural Fires Act 1997 by prescribing detailed procedures, definitions, offences, notice requirements, committee constitutions, permit conditions and administrative steps necessary to implement the Act. It commences on publication on the NSW legislation website and expressly repeals the Rural Fires Regulation 2013 (s 2; s 49(1)). The Regulation does not itself amend the Act; instead it supplies delegated particulars the Act relies on: definitions (s 3), brigade constitutions and membership rules (Pt 2), the constitution, membership and operation of Bush Fire Management Committees (Pt 3), fire prevention prohibitions and safe-use rules including during bush fire danger periods (Pt 4), notice and service procedures (Pt 5), miscellaneous administrative matters such as registers and prescribed “managed land” (Pt 6), and schedules specifying fire-prohibition zones (Sch 1) and penalty notice offences and amounts (Sch 2).
Mechanically, the Regulation performs several distinct functions:
It prescribes definitions that determine the scope of multiple Act provisions (for example “relevant land”, “forestry land”, “NPWS land”, and “managed land”) and cross‑links to other statutes and standards (s 3; s 42).
It sets procedural timeframes and review obligations for brigade constitutions, officer appointments and brigade formation requests (for example s 4(3)-(6); s 5; s 13).
It imposes membership, probation, removal and appeal processes for rural fire brigades (ss 6-11).
It prescribes detailed controls on ignition and fire‑use in different contexts including demolition, sawmill waste, steam and motorised machinery, cooking and refuse during bush fire danger periods, and tobacco use near combustible agricultural products (Pt 4 Div 1 and Div 2, esp ss 20-29).
Current sections
Direct links to the current provisions in Rural Fires Regulation 2022.
appropriate disciplinary authority, in relation to disciplinary action under section 10, means—
(a) a member of the Service appointed by the Commissioner in relation to the disciplinary action, or
(b) if a member has not been appointed—a disciplinary panel constituted in accordance with the procedure set out in the Service Standards.
brigade register, for a rural fire brigade, means the register for a rural fire brigade required to be kept under the Act, section 20.
Department means the Department of Planning, Industry and Environment.
forestry land means—
(a) land that is—
(i) a State forest, flora reserve or timber reserve within the meaning of the Forestry Act 2012, or
(ii) acquired for the purposes of dedication or reservation as a State forest, flora reserve or timber reserve under that Act, or
(b) land on which the Forestry Corporation has obtained the benefit of a forestry right within the meaning of the Conveyancing Act 1919, Part 6, Division 4.
relevant land means land that is within 8 kilometres, or another distance as may be specified in a bush fire management plan applying to the land, of NPWS land or forestry land.
responsible authority, in relation to a rural fire brigade, means—
(a) if the brigade is formed by a local authority under the Act, section 15(1)—the local authority, or
(b) if the brigade is jointly formed by two or more local authorities under the Act, section 15(2)—the local authority nominated as the responsible authority by a written agreement between the local authorities forming the brigade, or
(c) if the brigade is formed by the Commissioner—the Commissioner.
Service Standard means a policy statement issued by the Commissioner under the Act, section 13.
steam-powered machine means a machine operated by an engine that burns wood, coal or coke.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
s 3: Am 2023 (71), Sch 1.8[1].
Part 2
Rural fire brigades and groups of rural fire brigades
Part 2 Rural fire brigades and groups of rural fire brigades
Part 2 Rural fire brigades and groups of rural fire brigades
4
Constitutions of rural fire brigades—the Act, s 135
4 Constitutions of rural fire brigades—the Act, s 135
4 Constitutions of rural fire brigades—the Act, s 135
(1) A rural fire brigade must have a constitution.
(2) The constitution must—
(a) be in a form approved by the responsible authority for the brigade, and
(b) provide for the following matters—
(i) the council or other governing body of the brigade and its office bearers,
(ii) the name of the brigade,
(iii) the classification of members of the brigade other than officers,
(iv) arrangements for meetings of the brigade,
(v) the voting rights of members of the brigade,
(vi) the conduct of fundraising appeals by the brigade and the application of money or a benefit received in the course of an appeal.
(3) The Commissioner may direct the responsible authority for a brigade to approve the form of the constitution of the brigade.
(4) If the responsible authority fails to comply with the direction within 21 days—
(a) the Commissioner may approve the form of the constitution, making provision for the matters referred to in subsection (2), and
(b) the responsible authority may not amend, revoke or replace the constitution.
(5) The Commissioner must review the constitution of the brigade annually to decide whether to amend the constitution.
(6) In deciding whether to amend the constitution, the Commissioner must consider any relevant Service Standards.
5
Time for appointing officers of rural fire brigades—the Act, s 18
5 Time for appointing officers of rural fire brigades—the Act, s 18
5 Time for appointing officers of rural fire brigades—the Act, s 18
For the purposes of the Act, section 18(2), the period of 21 days is prescribed as the period within which the body or person that forms a rural fire brigade must appoint officers for the brigade after being requested to do so by the Commissioner.
6
Membership of rural fire brigades—the Act, s 135
6 Membership of rural fire brigades—the Act, s 135
6 Membership of rural fire brigades—the Act, s 135
(1) A person is eligible to be listed on the brigade register for a rural fire brigade if the person—
(a) complies with the procedures for attaining membership set out in the constitution of the rural fire brigade, and
(b) satisfies the requirements for membership of a rural fire brigade decided by the responsible authority for the brigade.
Note—
Under the Act, section 20, the persons listed on the register for a rural fire brigade required to be kept under that section are the members of the brigade.
(2) However, the responsible authority may refuse to list a person’s name on the brigade register if, in the opinion of the responsible authority, the person is not a fit and proper person to be a member of the brigade.
(3) The responsible authority must give notice of a refusal to the person concerned.
(4) A person’s listing on the brigade register is subject to conditions imposed by the responsible authority.
7
Probationary membership—the Act, s 135
7 Probationary membership—the Act, s 135
7 Probationary membership—the Act, s 135
(1) A person’s membership of a rural fire brigade is initially for a probationary period of 6 months unless the responsible authority for the brigade decides otherwise.
(2) The responsible authority may remove the person’s name from the brigade register for the brigade if, at the end of the probationary period, the person—
(a) has not achieved a satisfactory level of competency required by the Service Standards, or
(b) does not satisfy the requirements for the confirmation of membership set out in the constitution for the brigade, or
(c) has not complied with the conditions of membership imposed by the responsible authority under section 6(4).
8
Removal from membership—the Act, s 135
8 Removal from membership—the Act, s 135
8 Removal from membership—the Act, s 135
(1) The responsible authority for a rural fire brigade must remove the name of a person from the brigade register for the brigade if the person—
(a) dies, or
(b) applies in writing to have the person’s name removed from the brigade register.
(2) The responsible authority for a rural fire brigade may remove the name of a person from the brigade register for the brigade if the person—
(a) is found to have committed a breach of discipline under section 10, or
(b) becomes a mentally incapacitated person, or
(c) is convicted—
(i) in New South Wales of an offence punishable by imprisonment of 12 months or more, or
(ii) elsewhere than New South Wales of an offence that, if committed in New South Wales, would be punishable by imprisonment for 12 months or more, or
(d) in the opinion of the responsible authority, is no longer a fit and proper person to be a member of the brigade.
(3) Without limiting the generality of subsection (2)(d), the responsible authority may form an opinion that a person is no longer a fit and proper person to be a member of the rural fire brigade if—
(a) the person is listed on the brigade register for the brigade but has ceased to be an active member of the brigade for a period of 12 months or more, or
(b) the person has not paid the person’s annual subscription fee in accordance with the constitution of the brigade.
(4) The responsible authority must give notice to the person before removing the person’s name from the brigade register under subsection (2)(b), (c) or (d).
(5) Subject to section 9(4), the person’s name may only be removed 21 days after the notice is given.
9
Appeals relating to membership—the Act, s 135
9 Appeals relating to membership—the Act, s 135
9 Appeals relating to membership—the Act, s 135
(1) A person may appeal the following decisions of the responsible authority for a rural fire brigade—
(a) a decision under section 6(2) to refuse to list the person’s name on the brigade register for the brigade, or
(b) a decision under section 8(2)(b), (c) or (d) to remove the person’s name from the brigade register for the brigade.
(2) The appeal must be made to the appropriate appeal authority—
(a) in writing, and
(b) within 21 days of the person being notified of the decision.
(3) After hearing the appeal, the appropriate appeal authority may—
(a) confirm the decision, or
(b) order the responsible authority to list, or to retain, the person’s name on the brigade register.
(4) A person’s name must not be removed from a brigade register if the decision to remove the name is the subject of an appeal until the appeal is either—
(a) withdrawn, or
(b) finally determined by the appropriate appeal authority.
(5) In this section—
appropriate appeal authority means—
(a) if the responsible authority concerned is a local authority—the Commissioner, or
(b) if the responsible authority concerned is the Commissioner—the Minister.
10
Disciplinary action—the Act, s 135
10 Disciplinary action—the Act, s 135
10 Disciplinary action—the Act, s 135
(1) An officer or member of a rural fire brigade or group of rural fire brigades is guilty of a breach of discipline if the officer or member—
(a) contravenes the Act or a provision of this Regulation, or
(b) is negligent, careless, inefficient or incompetent in the discharge of the officer’s or member’s duties, or
(c) fails to comply with the Service Standards.
(2) The appropriate disciplinary authority may take disciplinary action against an officer or member of a rural fire brigade or group of rural fire brigades if—
(a) an alleged breach of discipline is dealt with in accordance with the procedure set out in the Service Standards, and
(b) notice has been given in accordance with section 11(1), and
(c) the officer or member is found to have committed the breach.
(3) The appropriate disciplinary authority may take the following disciplinary action—
(a) reprimand the officer or member,
(b) suspend the officer or member from service with the rural fire brigade or group of rural fire brigades for a specified period,
(c) recommend to the responsible authority that the responsible authority do one or more of the following—
(i) demote the officer or member,
(ii) disqualify the officer or member from holding rank in the rural fire brigade or group of rural fire brigades,
(iii) remove the officer’s or member’s name from the brigade register for the brigade or brigades,
(iv) impose conditions on the officer’s or member’s membership of a rural fire brigade or group of rural fire brigades.
11
Appeals about disciplinary action—the Act, s 135
11 Appeals about disciplinary action—the Act, s 135
11 Appeals about disciplinary action—the Act, s 135
(1) Before taking disciplinary action under section 10, the appropriate disciplinary authority must—
(a) investigate the alleged breach of discipline, and
(b) give the officer or member at least 14 days’ written notice of the following—
(i) the findings of the investigation,
(ii) the disciplinary action that the appropriate disciplinary authority proposes to take against the officer or member.
(2) The officer or member may, within 14 days after receiving the notice, appeal to the responsible authority against—
(a) the findings of the appropriate disciplinary authority, or
(b) disciplinary action the appropriate disciplinary authority proposes to take.
(3) On appeal, the responsible authority may—
(a) confirm the decision of the appropriate disciplinary authority, or
(b) recommend that no action be taken against the officer or member, or
(c) recommend that other disciplinary action be taken against the officer or member.
12
Incident reports—the Act, s 135
12 Incident reports—the Act, s 135
12 Incident reports—the Act, s 135
(1) When a rural fire brigade attends a fire or other incident or emergency, the officer in charge of the brigade must ensure the fire control officer and the Commissioner are provided with a report on the incident.
(2) The report must—
(a) be provided to the fire control officer and the Commissioner within the time required by the Service Standards, and
(b) include matters required to be covered in the report by the Service Standards.
13
Period for compliance with request to form rural fire brigade—the Act, s 15
13 Period for compliance with request to form rural fire brigade—the Act, s 15
13 Period for compliance with request to form rural fire brigade—the Act, s 15
For the purposes of the Act, section 15(4), the prescribed period is 3 months after the request to form a rural fire brigade is made.
Part 3
Bush Fire Management Committees
Part 3 Bush Fire Management Committees
Part 3 Bush Fire Management Committees
14
Constitution of Bush Fire Management Committees—the Act, s 50(4)
14 Constitution of Bush Fire Management Committees—the Act, s 50(4)
14 Constitution of Bush Fire Management Committees—the Act, s 50(4)
Membership of Bush Fire Management Committees—the Act, s 50(4)
15 Membership of Bush Fire Management Committees—the Act, s 50(4)
15 Membership of Bush Fire Management Committees—the Act, s 50(4)
(1) A person becomes a member of a Bush Fire Management Committee—
(a) by invitation from the Bush Fire Co-ordinating Committee, or
(b) by nomination or inclusion under section 19(3).
(2) Unless the Bush Fire Co-ordinating Committee decides otherwise, the Bush Fire Co-ordinating Committee must invite the following persons to become members of a Bush Fire Management Committee—
(a) 2 persons nominated by each local authority whose area comprises land in the Bush Fire Management Committee’s area (the area), being—
(i) 1 senior representative of the local authority, for example, the Mayor or a councillor of a local authority that is a council, and
(ii) 1 person with responsibilities for the performance of the local authority’s functions in relation to the environment or bush fire management,
(b) a person nominated by each of the following organisations and groups as being in charge of the organisation’s or group’s affairs in the area—
(i) the Forestry Corporation of New South Wales,
(ii) Fire and Rescue NSW,
(iii) the NSW Police Force,
(iv) each distribution network service provider listed in the Electricity Supply Act 1995, Schedule 3 that has a distribution district comprising land in the area,
(v) each local board for a Local Land Services region, within the meaning of the Local Land Services Act 2013, comprising land in the Bush Fire Management Committee’s area,
(vii) persons employed in the Department who are principally involved in the administration of the Crown Land Management Act 2016,
(c) at least 1 person nominated by Transport for NSW as being in charge or, if more than 1 person is nominated, together jointly in charge of Transport for NSW’s affairs in the area,
(d) a person nominated by the Nature Conservation Council of New South Wales,
(e) not more than 2 persons chosen by rural fire brigades operating in the area,
(f) a rural landholder, who holds land in the area, nominated by—
(i) the NSW Farmers' Association, or
(ii) if the Association does not nominate a rural landholder within a reasonable time as decided by the Bush Fire Co-ordinating Committee—the local authority for the area,
(g) a person nominated by each Local Aboriginal Land Council for a Local Aboriginal Land Council area comprising land located in the area,
(h) any other person or persons approved by the Bush Fire Co-ordinating Committee.
16
Functions of Bush Fire Management Committees—the Act, s 51(1)
16 Functions of Bush Fire Management Committees—the Act, s 51(1)
16 Functions of Bush Fire Management Committees—the Act, s 51(1)
(1) A Bush Fire Management Committee must, at the request of the Bush Fire Co-ordinating Committee, assist the Bush Fire Co-ordinating Committee in the performance of the Bush Fire Co-ordinating Committee’s functions under the Act, sections 48, 60(2) and 63(4).
(2) A Bush Fire Management Committee may bring to the attention of any of the following a matter the Bush Fire Management Committee considers relevant to the protection of land, life, property or the environment in that area from the impact of bush fires—
(a) the Bush Fire Co-ordinating Committee,
(b) the Commissioner,
(c) a public authority exercising its functions in the Bush Fire Management Committee’s area.
(3) A Bush Fire Management Committee must not conduct or take part in fire fighting or fire prevention operations authorised by the Act, this Regulation or another law.
17
Procedure for meetings of Bush Fire Management Committees—the Act, s 135
17 Procedure for meetings of Bush Fire Management Committees—the Act, s 135
17 Procedure for meetings of Bush Fire Management Committees—the Act, s 135
(1) A Bush Fire Management Committee may meet in a way and at times that the Bush Fire Co-ordinating Committee may decide.
(2) Subject to rules made by the Bush Fire Co-ordinating Committee, a Bush Fire Management Committee may decide the procedure for calling meetings and conducting business of the Bush Fire Management Committee.
18
Chairperson—the Act, s 50(4)
18 Chairperson—the Act, s 50(4)
18 Chairperson—the Act, s 50(4)
(1) A Bush Fire Management Committee must elect 1 of the eligible members to be Chairperson of the Committee.
(2) The Chairperson must preside at a meeting of the Bush Fire Management Committee at which the Chairperson is present.
(3) If the Chairperson is absent from a meeting, a member elected by the members present must preside at a meeting of the Bush Fire Management Committee.
(4) On the Chairperson leaving office, the Bush Fire Management Committee must elect an eligible member, not including the Executive Officer or a member referred to in section 15(2)(a)(ii), (b) or (c), to be Chairperson.
(5) For the purposes of subsection (4), a Chairperson leaves office if—
(a) the Chairperson’s term of office expires, or
(b) the Chairperson ceases to be a member of the Bush Fire Management Committee, or
(c) the Chairperson resigns office as Chairperson.
(6) Subject to rules made by the Bush Fire Co-ordinating Committee, the Chairperson—
(a) holds office for a period of 12 months, and
(b) is eligible for re-election.
19
Executive Officer—the Act, s 50(4)
19 Executive Officer—the Act, s 50(4)
19 Executive Officer—the Act, s 50(4)
(1) Each Bush Fire Management Committee must have an Executive Officer.
(2) The Executive Officer is a member of the Committee.
(3) The Executive Officer must be—
(a) if the Committee is constituted under the Act, section 50(1)—the fire control officer for the area, or
(b) if the Committee is constituted under the Act, section 50(1A)—a member of Fire and Rescue NSW nominated by the Commissioner of Fire and Rescue NSW, or
(c) if the Committee is constituted under the Act, section 50(2)—a member of the Service nominated by the Commissioner, or
(d) if the Committee is constituted under the Act, section 50(3)—
(i) for a group of rural fire districts—a fire control officer for the area nominated by the Commissioner, or
(ii) for a group of fire districts—a member of Fire and Rescue NSW nominated by the Commissioner of Fire and Rescue NSW.
(4) The Commissioner and the Commissioner of Fire and Rescue NSW may revoke a nomination made under subsection (3).
Part 4
Fire prevention—the Act, s 135
Part 4 Fire prevention—the Act, s 135
Part 4 Fire prevention—the Act, s 135
Division 1
General
Division 1 General
Division 1 General
20
Burning to demolish buildings
20 Burning to demolish buildings
20 Burning to demolish buildings
(1) A person must not light a fire on land in connection with—
(a) the demolition of a building, or
(b) the destruction of old building materials, or
(c) a purpose similar to the purposes described in paragraphs (a) and (b).
Maximum penalty—20 penalty units.
(2) Subsection (1) does not apply if the fire is lit in accordance with the conditions set out in a fire permit obtained from the appropriate authority.
21
Burning to destroy sawmill waste material
21 Burning to destroy sawmill waste material
21 Burning to destroy sawmill waste material
(1) A person must not light a fire to destroy sawmill waste material unless the fire is lit—
(a) in an incinerator designed to prevent the escape of sparks and burning material, or
(b) on ground enclosed by a fence of galvanised iron or other fire resistant material not less than 1.8 metres high so that the top of the waste to be burned is not less than 600 millimetres below the level of the top of the fence, or
(c) in a pit dug for the purpose so that the top of the waste to be burned is not less than 600 millimetres below the top of the edge of the pit, or
(d) in accordance with the conditions set out in a fire permit issued by the appropriate authority.
Maximum penalty—20 penalty units.
(2) A person who lights a fire in accordance with subsection (1) (b) or (c) must ensure that—
(a) the ground within 9 metres of a part of the fence or edge of the pit is cleared of combustible matter, and
(b) at least 2 knapsack spray pumps, each of 16 litre minimum capacity, and a supply of not less than 450 litres of water are readily available for use on the fire.
Maximum penalty—20 penalty units.
22
Use of steam-powered machines
22 Use of steam-powered machines
22 Use of steam-powered machines
(1) A person must not, in connection with a relevant land use, drive or use a steam-powered machine unless—
(a) the smoke box is fitted with a spark arrester constructed of a mesh not exceeding 3.2 millimetres, and
(b) the fire box is fitted with a tray constructed in a way that prevents the escape of sparks or burning material from the fire box, and
(c) the spark arrester and tray are maintained in a good and serviceable condition and comply with AS 1019–2000.
Maximum penalty—20 penalty units.
(2) In this section—
AS 1019–2000 means the Australian Standard entitled AS 1019–2000, Internal combustion engines—Spark emission control devices.
relevant land use means the following—
(a) an agricultural or similar land use,
(b) a pastoral or similar land use,
(c) a railway or similar land use.
23
Use of motorised machines and implements likely to generate spark
23 Use of motorised machines and implements likely to generate spark
23 Use of motorised machines and implements likely to generate spark
(1) A person must not, in connection with an agricultural, pastoral or similar land use, drive or use a motorised machine in grass, crop or stubble land unless—
(a) the machine is constructed so that heated areas will not come into contact with combustible matter, and
(b) the machine is maintained in a good and serviceable condition to prevent the outbreak of fire, and
(c) the person carries on the machine, or has nearby, prescribed fire safety equipment.
Maximum penalty—20 penalty units.
(2) A person must not, in connection with an agricultural, pastoral or similar land use, do the following unless the person carries, or has nearby, prescribed fire safety equipment—
(a) carry out welding operations,
(b) use explosives,
(c) use an angle grinder,
(d) use another implement that is likely to generate spark.
Maximum penalty—20 penalty units.
(3) In this section—
motorised machine includes a vehicle or machine, including a steam-powered machine, that is operated by an internal combustion engine or other fuel burning engine.
prescribed fire safety equipment means any of the following maintained in a serviceable condition—
(a) a knapsack spray pump of 16 litre minimum capacity filled with water,
(b) a liquid type fire extinguisher of 9 litre minimum capacity,
(c) a dry powder type extinguisher of 0.9 kilogram minimum capacity.
24
Roadside fire protection
24 Roadside fire protection
24 Roadside fire protection
(1) A prescribed authority may, for the purposes of bush fire hazard reduction work—
(a) light a fire on a road, or on the verge of a road, if to do so is consistent with a bush fire management plan applying to the land, and
(b) while the fire is burning, prohibit, direct or regulate the movement of persons, vehicles or animals along a road.
(2) In this section—
prescribed authority means a public authority that has the care, control or management of 1 or more of the following—
(a) a road,
(b) roadside vegetation.
Division 2
Bush fire danger periods
Division 2 Bush fire danger periods
Division 2 Bush fire danger periods
25
Application of Division
25 Application of Division
25 Application of Division
This Division applies during bush fire danger periods.
26
Lighting fires for cooking etc
26 Lighting fires for cooking etc
26 Lighting fires for cooking etc
A person must not light a fire in the open to cook, heat or prepare meals or to boil water or for a similar purpose unless the fire is lit at a site surrounded by ground that is clear of all combustible matter for a distance of at least 2 metres.
Maximum penalty—20 penalty units.
27
Burning garbage and refuse
27 Burning garbage and refuse
27 Burning garbage and refuse
(1) A person must not light a fire to destroy garbage or refuse at a waste depot unless the fire is lit at a site surrounded by ground that is clear of all combustible matter for a distance of at least 30 metres.
Maximum penalty—20 penalty units.
(2) A person must not light a fire to destroy household garbage or refuse or to destroy an animal carcass, otherwise than at a waste depot, unless the fire is lit—
(a) in an incinerator designed to prevent the escape of sparks and burning material, or
(b) in accordance with the conditions set out in a fire permit issued by the appropriate authority, or
(c) at a site surrounded by ground that is clear of all combustible matter for a distance of at least 5 metres.
Maximum penalty—20 penalty units.
(3) This section does not affect the operation of a law that prohibits or regulates the lighting of fires.
28
Lighting fires to produce charcoal or distill oils
28 Lighting fires to produce charcoal or distill oils
28 Lighting fires to produce charcoal or distill oils
(1) A person must not light a fire in connection with—
(a) charcoal production, or
(b) the distillation of eucalyptus or other oils.
Maximum penalty—20 penalty units.
(2) Subsection (1) does not apply if the fire is lit at a site surrounded by ground that is clear of all combustible matter for a distance of at least 30 metres.
(3) A person must not light a fire to burn waste products resulting from the activities referred to in subsection (1) unless—
(a) the fire is lit in accordance with the conditions set out in a fire permit issued by the appropriate authority, and
(b) the fire is lit at least 30 metres from the site of another other fire lit in connection with the distillation of eucalyptus or other oils.
Maximum penalty—20 penalty units.
(4) In this section—
combustible matter does not include a reference to the following—
(a) timber to be reduced to charcoal,
(b) charcoal,
(c) material used for the distillation of eucalyptus or other oils,
(d) a building or fence.
29
Offence to light, use or carry tobacco product
29 Offence to light, use or carry tobacco product
29 Offence to light, use or carry tobacco product
(1) A person must not do the following within 15 metres of a combustible agricultural product—
(a) light a tobacco product,
(b) use or carry a lighted tobacco product.
Maximum penalty—50 penalty units.
(2) In this section—
combustible agricultural product includes the following—
(a) a stack of grain, hay, corn or straw,
(b) a standing crop,
(c) an area of dry grass,
(d) a stubble field.
tobacco product includes a match or other material commonly used for the purposes of smoking tobacco.
Part 5
Notices
Part 5 Notices
Part 5 Notices
30
Public notice of draft bush fire risk management plans—the Act, s 57
30 Public notice of draft bush fire risk management plans—the Act, s 57
30 Public notice of draft bush fire risk management plans—the Act, s 57
(1) For the purposes of the Act, section 57(1)(a), the Bush Fire Management Committee or Commissioner must exhibit a draft bush fire risk management plan—
(a) together with any other matter the Committee or Commissioner considers appropriate or necessary to better enable the draft plan to be understood, and
(b) in accordance with the public notice of the plan.
(2) The notice must require the draft bush fire risk management plan to be publicly exhibited for at least 42 days.
(3) A person may, during the public exhibition of the draft plan, make submissions about the draft plan to—
(a) for a draft plan prepared by a Bush Fire Management Committee—the Committee, or
(b) for a draft plan prepared by the Commissioner—the Commissioner.
31
Destruction of notices or signs—the Act, s 135
31 Destruction of notices or signs—the Act, s 135
31 Destruction of notices or signs—the Act, s 135
A person must not, without lawful authority, destroy, deface or remove a notice or sign displayed under—
(a) the Act, or
(b) this Regulation, or
(c) the authority of any of the following in the exercise of a function under the Act—
(i) the Minister,
(ii) the Commissioner,
(iii) the Bush Fire Co-ordinating Committee,
(iv) a public authority.
Maximum penalty—5 penalty units.
32
Bush fire hazard reduction work required by hazard management officers—the Act, s 69
32 Bush fire hazard reduction work required by hazard management officers—the Act, s 69
32 Bush fire hazard reduction work required by hazard management officers—the Act, s 69
(1) For the purposes of the Act, section 69(2), a hazard management officer must send a copy of the bush fire hazard reduction notice to the office of the NSW Rural Fire Service nearest to the land.
(2) The hazard management officer must send the copy as soon as is reasonably practicable but not later than 72 hours after the notice has been served under the Act, section 66.
33
Bush fire hazard reduction work in default of compliance with notice—the Act, s 135
33 Bush fire hazard reduction work in default of compliance with notice—the Act, s 135
33 Bush fire hazard reduction work in default of compliance with notice—the Act, s 135
(1) If the Commissioner intends to enter relevant land under the Act, section 70 and light a fire on the land, the Commissioner must notify an office of the Department or an office of the Forestry Corporation, whichever is nearest to the relevant land.
(2) The notification must—
(a) be written, and
(b) state the time at which or the period within which the fire is to be lit, and
(c) be sent at least 24 hours before the land is to be entered.
34
Notice of intention to burn off or burn fire break—the Act, s 86
34 Notice of intention to burn off or burn fire break—the Act, s 86
34 Notice of intention to burn off or burn fire break—the Act, s 86
(1) The notice required to be given under the Act, section 86(1) must be given to the following persons—
(a) the occupiers of all land contiguous to or separated by a lane, road or waterway, whether fenced or unfenced, from the land on which the fire is to be lit,
(b) if there is no occupier for particular land under paragraph (a)—the owner of the land,
(c) if the land on which the fire is to be lit is in a rural fire district—the fire control officer for the rural fire district,
(d) if the land on which the fire is to be lit is in a fire district—the officer in charge of the fire station that is nearest to the land.
(2) The notice must be written or given orally.
(3) The notice must include particulars of—
(a) the name of the person proposing to light the fire, and
(b) the location, purpose, period and time of the fire proposed to be lit.
(4) The notice must be given to each of the persons referred to in subsection (1)—
(a) within the time period specified in the fire permit, or
(b) if no time period is specified—at least 24 hours before the fire is lit.
(5) The fire control officer for the district is taken to be notified under subsection (1)(c) if notice is given to the fire control centre for that district.
35
Notice of issue of fire permit—the Act, s 94
35 Notice of issue of fire permit—the Act, s 94
35 Notice of issue of fire permit—the Act, s 94
(1) For the purposes of the Act, section 94(2), an appropriate authority who issues a fire permit to light a fire on relevant land must give notice to the Department or the Forestry Corporation.
(2) The appropriate authority must give the notice—
(a) to an office of the Department or an office of the Forestry Corporation, whichever is nearest to the relevant land, and
(b) as soon as is reasonably practicable, but not later than 72 hours after issuing the fire permit.
36
Notice to public authority not to light fires during a bush fire danger period—the Act, s 135
36 Notice to public authority not to light fires during a bush fire danger period—the Act, s 135
36 Notice to public authority not to light fires during a bush fire danger period—the Act, s 135
(1) A notification referred to in the Act, section 95(2)(a) must—
(a) be written, and
(b) contain or have attached to it a copy of the relevant determination, and
(c) be given at least 24 hours before the period specified in the notice begins.
(2) The notice must be given—
(a) by giving the notice to an officer or employee of the public authority whom the public authority has notified to the local authority as being authorised to receive the notice, or
(b) by sending a copy of the notice to the head office of the public authority by post, email, facsimile transmission or document exchange facility.
37
Notices of fire prohibition in specified zones—the Act, s 99
37 Notices of fire prohibition in specified zones—the Act, s 99
37 Notices of fire prohibition in specified zones—the Act, s 99
For the purposes of a notification or direction under the Act, section 99(2)—
(a) each area referred to in Schedule 1, comprising the local government areas listed in relation to each area, is a zone, and
Note—
See also the Act, section 99(2) in relation to the identification of the part or parts of the State to which a total fire ban order applies.
(b) the boundaries of an area are those current when the notification is published or the direction is given.
38
Persons to whom notice of bush fire hazard reduction work must be given—the Act, s 100F and 100G
38 Persons to whom notice of bush fire hazard reduction work must be given—the Act, s 100F and 100G
38 Persons to whom notice of bush fire hazard reduction work must be given—the Act, s 100F and 100G
For the purposes of the Act, sections 100F(6)(c) and 100G(1)(c), the officer in charge of the fire station that is nearest to the land on which bush fire hazard reduction work is to be carried out is prescribed as a person to whom notice of bush fire hazard reduction work must be given but only in relation to work carried out on land in a fire district.
39
Giving of notices—the Act, s 130
39 Giving of notices—the Act, s 130
39 Giving of notices—the Act, s 130
(1) For the purposes of the Act, section 130, a notice or direction required by or under the Act to be served on a person may be served as follows, unless otherwise provided by the Act or this Regulation—
(a) by delivering the notice to the person personally,
(b) by delivering the notice at or on the premises at which the person to be served lives or carries on business and leaving the notice with a person apparently over the age of 14 years resident or employed at the premises,
(c) by posting the notice by prepaid letter addressed to the last known place of residence or business or post office box of the person to be served,
(d) by facsimile transmission to a number specified by the person as a number to which facsimile transmissions to that person may be sent,
(e) by email to an email address specified by the person as an address to which emails to that person may be sent,
(f) by fixing the notice on a conspicuous part of the land, building or premises owned or occupied by the person,
(g) for an offence involving a vehicle—by attaching the notice to the vehicle,
(h) if the person to be served maintains a box at a document exchange established in New South Wales—by depositing the notice in the box or leaving the notice at another exchange for transmission to the first mentioned exchange for deposit in the box,
(i) where the person to be served is, or after inquiry appears to be, absent from New South Wales—by serving the notice or direction on the agent of the person by the means prescribed by subsection (1)(a), (b), (d) or (e),
(j) if the land, building or premises are unoccupied and the owner or the owner’s address or place of residence is not known to the person seeking to serve the notice—by publishing the notice in a way, for example, on a publicly accessible website, that is appropriate to cause the notice to come to the attention of persons in the area in which the land, building or premises is located.
(2) If a notice is served under subsection (1)(h), service of the notice is, unless proven otherwise, taken to be effected 2 days after the day on which the notice is deposited in the box or left at the exchange.
(3) The notice may be addressed to the “occupier” or “owner” of the land, building or premises to which the notice relates without naming or otherwise identifying the occupier or owner, provided the land, building or premises is sufficiently described or identified.
(4) If a notice has been served by a means prescribed by this section, all inquiries required under this section are taken to have been made and the service is conclusive evidence of the inquiries having been made.
Part 6
Miscellaneous
Part 6 Miscellaneous
Part 6 Miscellaneous
40
Bravery and other awards—the Act, s 135
40 Bravery and other awards—the Act, s 135
40 Bravery and other awards—the Act, s 135
The Commissioner must keep a register of the names of each member of the Service who is given a commendation or award for long service, bravery or other forms of meritorious service, together with details of the commendation or award.
41
Voluntary work by rural fire brigades—the Act, s 33
41 Voluntary work by rural fire brigades—the Act, s 33
41 Voluntary work by rural fire brigades—the Act, s 33
(1) For the purposes of the Act, Dictionary, definition of public authority, paragraph (e), the following are prescribed, but only for the purposes of the Act, section 33—
(a) the Commissioner of Fire and Rescue NSW,
(b) the Commissioner of the NSW State Emergency Service,
(b) a function of a public authority in relation to the prevention and suppression of bush fires and other fires,
(c) a function of the Commissioner of Fire and Rescue NSW that relates to hazardous materials and similar matters or assisting members of the NSW Rural Fire Service in dealing with an incident or emergency,
(d) a function of the Commissioner of the NSW State Emergency Service that relates to assisting members of the NSW Rural Fire Service in dealing with an incident or emergency,
(e) a function of the NSW Police Force or police officers that relates to traffic control or assisting members of the NSW Rural Fire Service in dealing with an incident or emergency,
(f) a function of the Health Secretary under the Health Services Act 1997 that relates to assisting members of the NSW Rural Fire Service by providing, conducting or operating ambulance services under Chapter 5A of that Act,
(g) a function of Local Land Services, within the meaning of the Local Land Services Act 2013, that relates to assisting members of the NSW Rural Fire Service in dealing with an incident or emergency involving local land services.
(3) A fire control officer for a rural fire district must consult with the Commissioner before giving the officer’s consent under the Act, section 33(1) to a rural fire brigade voluntarily cooperating with a public authority.
Note—
The Act, section 33(1) requires the consent of the fire control officer for a rural fire district or the Commissioner before a rural fire brigade may voluntarily cooperate with a public authority in the exercise of the functions of the public authority that are prescribed by the regulations.
42
Reduction of fire hazards on managed land—the Act, Dictionary, definition of “managed land”
42 Reduction of fire hazards on managed land—the Act, Dictionary, definition of “managed land”
42 Reduction of fire hazards on managed land—the Act, Dictionary, definition of “managed land”
(1) The following is prescribed as managed land for the purposes of the Act, Dictionary, definition of managed land, paragraph (e) in the application of that definition to the Act, sections 65, 74 and 74C—
(a) land dedicated for a public purpose and owned by a local authority or vested in, or under the control of, a local authority as trustee,
(iii) a person employed in Property and Development NSW who is the administrator of a statutory land manager appointed under the Crown Land Management Act 2016, Schedule 5, other than excluded land.
(2) In this section—
excluded land means land subject to a holding or enclosure permit within the meaning of the Crown Land Management Act 2016.
s 42: Am 2024 No 27, Sch 2.11.
43
Conditions of fire permit—the Act, s 92
43 Conditions of fire permit—the Act, s 92
43 Conditions of fire permit—the Act, s 92
For the purposes of the Act, section 92(1)(b), the following conditions are prescribed as conditions of a fire permit—
(a) unless the fire permit provides otherwise—at least one person must be present at the site of the fire from the time the fire is lit until the time the fire is extinguished,
(b) a fire may be lit on land only if to do so is consistent with a bush fire risk management plan applying to the land,
(c) a fire may be lit on land only in accordance with a direction given to the holder of the permit by the appropriate authority.
44
The Act, s 100A, definition of “excluded land”
44 The Act, s 100A, definition of “excluded land”
44 The Act, s 100A, definition of “excluded land”
The following is prescribed as excluded land for the purposes of the Act, section 100A(1), definition of excluded land, paragraph (b)—
Application for bush fire safety authority—the Act, s 100B
45 Application for bush fire safety authority—the Act, s 100B
45 Application for bush fire safety authority—the Act, s 100B
(1) For the purposes of the Act, section 100B(4), an application for a bush fire safety authority must be made in writing.
(2) An application for a bush fire safety authority must include the following—
(a) a description, including the address, of the property on which the development the subject of the application is proposed to be carried out,
(b) a classification of the vegetation on and surrounding the property, out to a distance of 140 metres from the boundaries of the property, in accordance with the system for classification of vegetation contained in Planning for Bush Fire Protection,
(c) an assessment of the slope of the land on and surrounding the property, out to a distance of 100 metres from the boundaries of the property,
(d) identification of significant environmental features on the property,
(e) the details of a threatened species or threatened ecological community under the Biodiversity Conservation Act 2016 that the applicant knows to exist on the property,
(f) the details and location of an Aboriginal object or place, within the meaning of the National Parks and Wildlife Act 1974, that the applicant knows to be situated on the property,
(g) a bush fire assessment for the proposed development, including the methodology used in the assessment, that addresses the following matters—
(i) the extent to which the development is to provide for setbacks, including asset protection zones,
(ii) the siting and adequacy of water supplies for fire fighting,
(iii) the capacity of nearby public roads to handle increased volumes of traffic when a bush fire emergency occurs,
(iv) whether or not nearby public roads that link with the fire trail network have two-way access,
(v) the adequacy of arrangements for access to and egress from the development site for the purposes of an emergency response,
(vi) the adequacy of bush fire maintenance plans and fire emergency procedures for the development site,
(vii) the construction standards to be used for building elements in the development,
(viii) the adequacy of sprinkler systems and other fire protection measures to be incorporated into the development,
(ix) registered fire trails on the property,
(h) an assessment of the extent to which the proposed development conforms with or deviates from Planning for Bush Fire Protection.
(3) An application for a bush fire safety authority must also be accompanied by the prescribed information if—
(a) the proposed development is subdivision for the purposes of dwelling houses, dual occupancies or secondary dwellings on property in an urban release area, and
(b) the application includes a request by the applicant that the Commissioner, when deciding the application, considers whether it would be appropriate for the erection of the dwelling houses, dual occupancies or secondary dwellings concerned to be excluded from the application of the Environmental Planning and Assessment Act 1979, section 4.14.
(4) In this section—
prescribed information means the following—
(a) a plan of subdivision that shows—
(i) the bush fire attack levels that will apply to the property on completion of clearing of vegetation proposed to be carried out as part of subdivision work, within the meaning of the Environmental Planning and Assessment Act 1979, and
(ii) proposed setbacks of buildings that may in future be erected on the property, including asset protection zones, and
(b) other information about the proposed development that the Commissioner may require.
Note—
More information about bush fire attack levels, including the flame zone, can be found in Planning for Bush Fire Protection, Table A1.7.
Development excluded from requirements for bush fire safety authority—the Act, s 100B
46 Development excluded from requirements for bush fire safety authority—the Act, s 100B
46 Development excluded from requirements for bush fire safety authority—the Act, s 100B
(1) For the purposes of the Act, section 100B(5)(a1), the following development is excluded from the operation of the Act, section 100B—
(a) development for the purposes of licensed premises that do not provide overnight accommodation, other than for the owner or manager of the premises and the owner’s or manager’s family,
(b) strata subdivision of a building, but only if development consent for the erection of the building was granted in accordance with the Environmental Planning and Assessment Act 1979, section 4.14,
(c) strata subdivision of a class 2 building erected before 1 August 2002, but only if the building complies with the requirements of Level 1 construction under AS 3959–1999, Construction of buildings in bushfire-prone areas,
(d) subdivision of land for the purpose of converting an existing dwelling to a dual occupancy, but only if development consent for the dwelling was granted in accordance with the Environmental Planning and Assessment Act 1979, section 4.14,
(e) subdivision of, or a boundary adjustment in relation to, land that is leased under a Western lands lease, within the meaning of the Crown Land Management Act 2016, Schedule 3,
(f) subdivision for the purposes of consolidations of lots, or boundary adjustments on land where the number of lots is reduced, but only if an existing dwelling on the land complies with the requirements of Planning for Bush Fire Protection,
(g) development for the purposes of bed and breakfast accommodation using an existing building, but only if the building is more than 30 metres from land that is not managed land within the meaning of Planning for Bush Fire Protection,
(h) subdivision of land used or proposed to be used for industrial purposes on which the erection of a dwelling related to the industrial use of the land, for example, a manager's residence, is permitted,
(i) subdivision of land for a residential purpose in a Western New South Wales district, but only if—
(i) each lot created by the subdivision is greater than 10 hectares, and
(ii) the bush fire prone land that is Category 1 or 2 vegetation is less than 10% of the lot, and
(iii) each lot has direct access to an existing public road,
(j) construction or installation of a flagpole, aerial, antenna or satellite dish,
(k) construction or installation of a driveway, pathway or other paved area,
(l) the carrying out of earthworks or drainage works,
(m) construction of a class 10a building that is at least 6 metres from a dwelling,
(n) minor external non-structural building alterations carried out in accordance with Planning for Bush Fire Protection,
(o) development of a minor nature that relates to an existing building that is for a special fire protection purpose.
class, in relation to a building, means a building of the specified class under the Building Code of Australia.
Western New South Wales district means any of the following areas as referred to in Schedule 1—
(a) Central Ranges,
(b) North Western,
(c) Upper Central West Plains,
(d) Lower Central West Plains,
(e) Southern Slopes,
(f) Eastern Riverina,
(g) Southern Riverina,
(h) Northern Riverina,
(i) South Western,
(j) Far Western.
47
Additional special fire protection purposes for which bush fire safety authority required—the Act, s 100B, definition of “special fire protection purpose”
47 Additional special fire protection purposes for which bush fire safety authority required—the Act, s 100B, definition of “special fire protection purpose”
47 Additional special fire protection purposes for which bush fire safety authority required—the Act, s 100B, definition of “special fire protection purpose”
For the purposes of the Act, section 100B(6), definition of special fire protection purpose, paragraph (i), the following purposes are prescribed—
(a) a manufactured home estate, within the meaning of State Environmental Planning Policy (Housing) 2021, Schedule 7, comprising two or more caravans or manufactured homes, used for the purposes of casual or permanent accommodation, but not tourist accommodation,
(b) a sheltered workshop, or other workplace, established solely for the purpose of employing persons with disabilities,
(c) a respite care centre, or similar centre, that accommodates persons with a physical or mental disability or provides respite for carers of the persons,
(d) student or staff accommodation associated with a school, university or other educational establishment,
(e) a community bush fire refuge approved by the Commissioner.
48
Application for bush fire hazard reduction certificate—the Act, s 100F
48 Application for bush fire hazard reduction certificate—the Act, s 100F
48 Application for bush fire hazard reduction certificate—the Act, s 100F
For the purposes of the Act, section 100F(1), an application for a bush fire hazard reduction certificate must include the following—
(a) a description, including the address, of the property on which the proposed bush fire hazard reduction work the subject of the application is to be carried out,
(b) details of the means by which, the time within which and the places where the proposed bush fire hazard reduction work the subject of the application is to be carried out,
(c) details of a provision of the following that applies to the property and that relates to bush fire hazard reduction work—
(iv) a property management plan approved by the Director-General of the Department of Premier and Cabinet under the Threatened Species Conservation Act 1995, section 113B before the repeal of that Act,
(vi) a biodiversity stewardship agreement, conservation agreement or wildlife refuge agreement entered into under the Biodiversity Conservation Act 2016, Part 5,
(d) details of a threatened species or threatened ecological community under the Biodiversity Conservation Act 2016 that the applicant knows to exist on the property,
(e) details and the location of an Aboriginal object or place, within the meaning of the National Parks and Wildlife Act 1974, that the applicant knows to be situated on the property,
(f) if the proposed bush fire hazard reduction work is to be carried out by a person other than the owner or occupier of the land concerned—the written consent of that owner or occupier to the proposed work.
(2) Any act, matter or thing that, immediately before the repeal of the Rural Fires Regulation 2013, had effect under that Regulation continues to have effect under this Regulation.
Schedule 1
Fire prohibition zones
Schedule 1 Fire prohibition zones
Schedule 1 Fire prohibition zones
section 37
Far North Coast
Local government areas of Ballina, Byron, Clarence Valley, Kyogle, Lismore, Richmond Valley and Tweed.
North Coast
Local government areas of Bellingen, Coffs Harbour, Kempsey, Mid-Coast, Nambucca and Port Macquarie-Hastings.
Greater Hunter
Local government areas of Cessnock, Dungog, Lake Macquarie, Maitland, Muswellbrook, Newcastle, Port Stephens, Singleton and Upper Hunter.
Greater Sydney Region
Local government areas of Bayside, Blacktown, Blue Mountains, Burwood, Camden, Campbelltown, Canterbury-Bankstown, Central Coast, City of Canada Bay, City of Parramatta, City of Ryde, City of Sydney, Cumberland, Fairfield, Georges River, Hawkesbury, Hornsby, Ku-ring-gai, Lane Cove, Liverpool, Mosman, Municipality of Hunter’s Hill, North Sydney, Northern Beaches, Randwick, Strathfield, Sutherland, The Hills, Waverley and Willoughby.
Illawarra/Shoalhaven
Local government areas of Municipality of Kiama, Shellharbour, Shoalhaven, Wingecarribee, Wollondilly and Wollongong.
Monaro Alpine
Local government area of Snowy Monaro Regional.
Southern Ranges
Local government areas of Goulburn Mulwaree, Queanbeyan-Palerang Regional, Upper Lachlan and Yass Valley.
Central Ranges
Local government areas of Bathurst Regional, Blayney, Cabonne, City of Lithgow, Cowra, Mid-Western Regional, Oberon and Orange.
New England
Local government areas of Armidale Regional, Glen Innes Severn Shire, Tenterfield, Uralla and Walcha.
Northern Slopes
Local government areas of Gunnedah, Gwydir, Inverell, Liverpool Plains and Tamworth Regional.
North Western
Local government areas of Moree Plains, Narrabri, Walgett and Warrumbungle.
Upper Central West Plains
Local government areas of Bogan, Coonamble, Gilgandra and Warren.
Lower Central West Plains
Local government areas of Local government areas of Bland, Dubbo, Forbes, Lachlan, Narromine, Parkes, Temora and Weddin.
Southern Slopes
Local government areas of Cootamundra-Gundagai Regional, Hilltops and Snowy Valleys.
Eastern Riverina
Local government areas of Albury, Coolamon, Greater Hume, Junee, Lockhart and Wagga Wagga.
Southern Riverina
Local government areas of Berrigan, Edward River, Federation, Murray River and Murrumbidgee.
Northern Riverina
Local government areas of Carrathool, Griffith, Hay, Leeton and Narrandera.
South Western
Local government areas of Balranald and Wentworth.
Far Western
Local government areas of Bourke, Brewarrina, Broken Hill, Central Darling, Cobar and the Unincorporated Area.
Schedule 2
Penalty notice offences
Schedule 2 Penalty notice offences
Schedule 2 Penalty notice offences
| Column 1 | Column 2 |
| Provision | Penalty |
| Offences under the Act |
| Section 42 | $550 |
| Section 62G(2) | $110 |
| Section 64 | $440 |
| Section 66(8)— | |
| (a) for a corporation or public authority | $4,400 |
| (b) for an individual | $2,200 |
| Section 86(1) or (1A) | $1,100 |
| Section 87(1) | $1,100 |
| Section 88(1) | $1,100 |
| Section 92(2) | $1,100 |
| Section 99(11) | $2,200 |
| Section 99A(1)— | |
| (a) for an offence committed during a total fire ban under the Act, Part 4, Division 6 in the part of the State concerned | $1,320 |
| (b) for another offence | $660 |
| Section 100(1) or (2) | $2,200 |
| Section 132(3) | $440 |
| Offences under this Regulation |
| Section 20 | $660 |
| Section 21(1) or (2) | $660 |
| Section 22(1) | $660 |
| Section 23(1) or (2) | $660 |
| Section 26 | $660 |
| Section 27(1) or (2) | $660 |
| Section 28(1) or (3) | $660 |
| Section 29 | $660 |
sch 2: Am 2022 No 59, Sch 2.42.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Regulation
1 Name of Regulation
1 Name of Regulation
This Regulation is the Rural Fires Regulation 2022.
2 Commencement
2 Commencement
2 Commencement
This Regulation commences on the day on which it is published on the NSW legislation website.
Note—
This Regulation repeals and replaces the Rural Fires Regulation 2013, which would otherwise be repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
3 Definitions
3 Definitions
In this Regulation—
appropriate authority—see the Act, section 85.
appropriate disciplinary authority, in relation to disciplinary action under section 10, means—
(a) a member of the Service appointed by the Commissioner in relation to the disciplinary action, or
(b) if a member has not been appointed—a disciplinary panel constituted in accordance with the procedure set out in the Service Standards.
brigade register, for a rural fire brigade, means the register for a rural fire brigade required to be kept under the Act, section 20.
Department means the Department of Planning, Industry and Environment.
forestry land means—
(a) land that is—
(i) a State forest, flora reserve or timber reserve within the meaning of the Forestry Act 2012, or
(ii) acquired for the purposes of dedication or reservation as a State forest, flora reserve or timber reserve under that Act, or
(b) land on which the Forestry Corporation has obtained the benefit of a forestry right within the meaning of the Conveyancing Act 1919, Part 6, Division 4.
light a fire—see the Act, section 85.
NPWS land means land reserved, or acquired for the purpose of reservation, under the National Parks and Wildlife Act 1974.
Planning for Bush Fire Protection means the document prescribed by the , section 271.
It fixes notice content, recipient lists and minimum exhibition/notification periods for draft bush fire risk management plans, fire permits, burn notifications and hazard reduction notices (ss 30, 34-36, 39, 32-33, 35).
It details the application requirements for bush fire safety authorities and bush fire hazard reduction certificates, including extensive technical and environmental information to be supplied by applicants (ss 45, 48).
It enumerates excluded development from bush fire safety authority requirements (s 46) and prescribes additional “special fire protection purposes” that trigger authority requirements (s 47).
It prescribes disciplinary and reporting processes for members and brigades and administrative registers for commendations (ss 10-12; s 40).
It identifies zones for fire prohibition notices (Sch 1) and lists offences for which penalty notices may be issued and the fixed penalty amounts (Sch 2; s 1 of that Schedule).
The Regulation thus shifts many practical decision points and compliance costs onto brigades, landowners, applicants for planning consents, local authorities, the Commissioner and other public authorities. Many of those costs are explicit (documentation, notification, equipment, and minimum clearances), while others are administrative (application processing, review of constitutions, appeals and disciplinary procedures). The Regulation grants administrative decision‑makers (the Commissioner, responsible authorities, hazard management officers, appropriate authorities and Bush Fire Co‑ordinating Committees) specific discretions (for example approving constitutions under s 4(3)-(4), revoking nominations under s 19(4), or excluding or inviting persons to committees under s 15(2)) and sets minimum timings for notices and responses (for example 21 days for exhibition of draft plans,s 30(2); 21 days for appeal of membership decisions,s 9(2)).
The text contains internal amendment notes identifying changes made since 2022 (for example s 3 amended in 2023; s 42 amended in 2024; Sch 2 amended in 2022). The Regulation therefore functions primarily as a ruleset that gives substance and enforceability to the Act through specified procedures, offences and administrative detail (see s 49(2) for savings of prior Regulation effects).
Main concepts
The Regulation relies on a number of core organising concepts that determine how duties, rights, notices and offences operate. Some of these concepts are statutory cross‑references to the Act; others are bespoke definitions or procedural mechanisms.
Definitions and cross‑references: The Regulation supplies its own definitions (s 3) and repeatedly cross‑refers to the Rural Fires Act 1997 (the Act) and a suite of other Acts and instruments. Important definitional entries include:
“relevant land”, defined as land within 8 kilometres of NPWS land or forestry land, unless a bush fire management plan specifies another distance (s 3). This definition expands or narrows duties attached to land simply by location relative to NPWS or forestry land and by plan variation.
“forestry land” and “NPWS land” which rely on the Forestry Act 2012 and National Parks and Wildlife Act 1974 respectively (s 3).
“Service Standard”, meaning policy statements issued by the Commissioner under the Act (s 3). The Regulation uses this to require compliance with Service Standards for many operational matters (for example incident reporting s 12; conduct and competency matters s 7(2)).
“appropriate authority”, “light a fire” and other terms which are defined in the Act and integrated into the Regulation’s operational rules (s 3 notes).
Governance structures: The Regulation prescribes institutional forms and membership rules:
Rural fire brigades must have constitutions in a form approved by the responsible authority, with mandatory content items such as governing body, member classifications, meeting arrangements and fundraising rules (s 4(1)-(2)). The Commissioner can direct approval and, if the responsible authority fails to act within 21 days, approve the constitution and lock the responsible authority from amending it (s 4(3)-(4)).
Bush Fire Management Committees have prescribed membership categories and limits, an Executive Officer role, an elected Chairperson with specified ineligibilities (for example the Chair cannot be the Executive Officer or certain nominated members on leaving office,s 18(4)), and are not incorporated bodies nor committees of council (s 14).
The Regulation reserves decision‑making powers to entities identified in the Act (the Commissioner, Bush Fire Co‑ordinating Committee, responsible authorities) but prescribes day‑to‑day procedural rules for meetings and appointment timeframes (for example s 17; s 5).
Operational controls on fire use: The Regulation differentiates fire uses by purpose and context:
Prohibitions and exclusions for lighting fires in demolition, sawmill waste, charcoal or oil distillation, cooking and refuse burning (ss 20-28).
Special equipment and containment standards for high‑risk uses such as sawmill waste (fencing or pits and water and pump availability,s 21) and requirements for machines likely to generate sparks (spark arresters complying with AS 1019-2000 for steam machines,s 22; construction/maintenance and equipment carriage requirements for motorised machines,s 23).
Additional controls during bush fire danger periods, such as minimum clear areas for cooking fires and specific distances for refuse burning (ss 25-28).
Strict prohibition of lighting or carrying lighted tobacco products within 15 metres of combustible agricultural products, with a higher maximum penalty (s 29).
Planning and development integration: The Regulation routes several planning‑related processes through the Commissioner of the Service and prescribes application content requirements:
Detailed mandatory contents for applications for bush fire safety authorities (s 45) that require vegetation classification using Planning for Bush Fire Protection standards, slope assessments, identification of threatened species and Aboriginal objects, bush fire assessments addressing setbacks, water supply, road capacity, access/egress, construction standards, sprinkler adequacy and registered fire trails.
Prescribed categories of development excluded from bush fire safety authority requirements are set out (s 46), and additional classes of development that qualify as “special fire protection purposes” are listed (s 47), including manufactured home estates and community refuges.
Notices, timing and service: The Regulation prescribes how, to whom and when notices must be given, with minimum exhibition periods and specific methods of service (s 39). It also prescribes who constitutes “prescribed authorities” and who must be notified of certain acts (s 24; s 32; s 33; s 34; s 35; s 36). Penalty notices and fixed amounts for specified offences are set out in Sch 2, and Sch 1 lists areas used to define fire prohibition zones under the Act (s 37).
Disciplinary and administrative processes: The Regulation provides for disciplinary definitions and processes (ss 10-11), incident reporting obligations when brigades attend incidents (s 12), and maintenance of a register of commendations and awards (s 40). It also prescribes which public authorities’ functions are treated as those for which brigades may volunteer assistance (s 41).
These main concepts structure who decides, who pays, what must be supplied, and the operational conditions under which fires may be lit, work may be done, and planning permissions are assessed.
Who it affects
The Regulation imposes duties, grants discretions and sets compliance costs that fall on a range of actors. The principal groups affected are:
Rural fire brigades and their members: The Regulation prescribes constitutions, membership eligibility, probationary periods, removal processes, disciplinary definitions and procedures, incident reporting obligations, and the requirement to consult before cooperating with certain public authorities (ss 4-12; s 12; s 41(3)). Brigades must maintain registers (s 3, definition; s 40 for commendations), comply with Service Standards (ss 7(1), 10(1)(c)), and ensure operational readiness where the Regulation prescribes equipment (for example prescribed fire safety equipment in s 23(3)).
Responsible authorities and local authorities: Responsible authorities (defined in s 3) approve brigade constitutions, decide on membership and can impose conditions or remove members (ss 4, 6-9). Local authorities are often members of Bush Fire Management Committees (s 15(2)(a)) and are among the entities prescribed as having duties tied to managed land (s 42). Local authorities may be required to receive notices and administer functions tied to fire management (s 39 service methods).
The Commissioner and other State officials: The Commissioner has express powers to direct approval of constitutions, review constitutions annually (s 4(3)-(6)), nominate Executive Officers (s 19), revoke nominations (s 19(4)), and receive incident reports (s 12). The Commissioner and the Bush Fire Co‑ordinating Committee exercise invitation and membership choices for Bush Fire Management Committees (s 15). The Commissioner also receives notice of fire permits issued on relevant land (s 35).
Owners and occupiers of land: Owners and occupiers must comply with bush fire hazard reduction notices and related default powers (ss 32-33), provide or receive notices prior to burns (s 34), and supply or obtain bush fire hazard reduction certificates where required (s 48). Those applying for bush fire safety authorities or subdivision consents must supply extensive reports and assessments (s 45). Where a person lights a fire for specified purposes, statutory clearance distances, containment and equipment obligations apply (ss 20-29). Owners or occupiers also risk penalties for offences listed in Sch 2.
Developers, builders and planners: The application rules for bush fire safety authorities (s 45), exemption categories (s 46), and the prescribed “special fire protection purposes” (s 47) directly affect developers and planners who must factor bush fire matters into development applications and satisfies commissioner thresholds. Documentation requirements include flora/fauna and Aboriginal heritage identification, technical bush fire assessments, and compliance with Planning for Bush Fire Protection.
Public authorities and statutory agencies: The Regulation includes multiple cross‑links to other agencies , Forestry Corporation, Fire and Rescue NSW, NSW Police Force, Transport for NSW, Local Land Services, and others as specified in s 15(2)(b) , by prescribing nomination rights and requiring consultation/notification between the Service, the Department and these agencies (s 15; s 35; s 36). It also prescribes that certain functions of these agencies are classified in ways that affect when brigades may assist (s 41(1)-(2)).
General public in specified zones: Schedule 1 defines fire prohibition zones. Notices and bans in those zones will affect the public and businesses in those local government areas, and the Regulation prescribes service methods and minimum public exhibition times for plans and notices that can affect community obligations (ss 30; 37).
Persons performing agricultural, pastoral or similar land uses: The Regulation places equipment and containment obligations on persons using motorised machines or performing spark‑generating activities (s 23), and it prohibits tobacco use within 15 metres of combustible agricultural products (s 29). These rules create specific day‑to‑day operational impacts on primary producers and contractors.
Who pays: The direct payment obligations in the Regulation are largely administrative and compliance‑related rather than fee‑based. Affected parties pay in labour, equipment, documentation and time: brigades and members bear training, reporting and Service Standard compliance costs; landowners and developers bear the cost of carrying out assessments and adhering to clearances and permit conditions (ss 21, 23, 43-45, 48). Penalties are specified as maximum penalty units in many prohibitions (typically 20 penalty units in Pt 4 offences) and fixed penalty notice amounts for specified offences are set in Sch 2.
Deciders: The Regulation designates specific decision makers , the Commissioner, responsible authority for brigades, the Bush Fire Co‑ordinating Committee, hazard management officers, appropriate disciplinary and appeal authorities, and public authorities nominated under other statutes , and gives them defined procedural powers and notice or timing obligations (for example s 4(3)-(6); ss 9-11; ss 32-36; s 19).
Key duties and rights
This Regulation translates the Act’s broad powers into concrete duties and rights. The duties fall into administrative, operational, planning and compliance categories. Rights are principally procedural (appeals, notices) and protective (conditions for members, application exclusions).
Administrative duties:
Constitutions and review: A rural fire brigade must have a constitution in a form approved by its responsible authority that addresses governing body, member classifications, meeting procedures, voting and fundraising (s 4(1)-(2)). The Commissioner may direct approval and, where the responsible authority fails to act within 21 days, may approve and freeze further amendment (s 4(3)-(4)). The Commissioner must review brigade constitutions annually and may consider Service Standards before amending (s 4(5)-(6)).
Officer appointment timing: A person or body forming a brigade must appoint officers within 21 days after request by the Commissioner (s 5).
Registers and record‑keeping: Brigade registers must be kept as required under the Act (definition in s 3), and the Commissioner must keep a register of commendations and awards (s 40).
Operational duties:
Incident reporting: When a brigade attends a fire or emergency, the officer in charge must ensure the fire control officer and the Commissioner receive a report in the time and content required by Service Standards (s 12).
Equipment and containment: Those burning sawmill waste must use specified incinerators, fenced enclosures or pits and ensure cleared ground and availability of at least two 16‑litre knapsack spray pumps and 450 litres of water (s 21(1)-(2)). Motorised machines used in grass/crop/stubble land must be constructed and maintained to prevent fires and must carry prescribed fire safety equipment (s 23(1)). Steam‑powered machines must have spark arresters and a tray to prevent escape of sparks and comply with AS 1019-2000 (s 22).
Fire permits and conditions: The Regulation prescribes conditions of fire permits including a general duty that at least one person be present for the burn unless the permit provides otherwise, that the burn be consistent with any bush fire risk management plan applying to the land, and that the permit holder comply with directions from the appropriate authority (s 43).
Planning and application duties:
Bush fire safety authority applications must be in writing and include extensive technical and environmental information , property description, vegetation classification per Planning for Bush Fire Protection out to 140 metres, slope assessment to 100 metres, identification of significant environmental features, threatened species and Aboriginal object details, a comprehensive bush fire assessment addressing setbacks, water supplies, road capacity and egress, construction standards and sprinkler adequacy, and a statement of conformity or deviation with Planning for Bush Fire Protection (s 45(1)-(2)(g)-(h)). If subdivision in an urban release area is proposed, prescribed information such as plan of subdivision showing bush fire attack levels and setbacks may also be required (s 45(3)-(4)).
Applications for bush fire hazard reduction certificates must include property description, details of how, when and where the work will be carried out, information about conservation agreements or other biodiversity instruments affecting the property, threatened species details, Aboriginal object details and, where a third party will carry out the works, the owner’s written consent (s 48).
Notice duties and rights:
Notification lists and timeframes are detailed: persons to be notified before burns include occupiers of contiguous land, owners where there is no occupier, the fire control officer or station officer for the district as relevant (s 34(1)). Notices must include particulars of the person proposing the burn, location, purpose, period and time, and be given within the time period specified in the permit or at least 24 hours before the burn if none is specified (s 34(2)-(4)).
Publication and exhibition obligations: Draft bush fire risk management plans must be publicly exhibited for at least 42 days and may be accompanied by material to make the plan better understood (s 30(1)-(2)). Members of the public may make submissions during exhibition (s 30(3)).
Service rules: The Regulation prescribes a wide range of service methods for notices including personal delivery, leaving at premises, post, facsimile, email, fixing on the land, attaching to a vehicle for vehicle offences, document exchange deposit, service on agents for persons outside NSW, and website publication where the owner’s address is unknown (s 39(1)(a)-(j)).
Disciplinary rights and appeal rights:
A member may be found guilty of a breach of discipline for contravening the Act or Regulation, being negligent or failing to comply with Service Standards (s 10(1)). Disciplinary action requires investigation, written notice at least 14 days before action and entitles the member to appeal to the responsible authority within 14 days of receiving the notice (s 10(2); s 11(1)-(2)). The responsible authority may confirm or vary the disciplinary decision (s 11(3)). Membership appeals (refusal to list or removal from register) may be made to appropriate appeal authorities in writing within 21 days and have stay effects on removal pending determination (s 9(1)-(4)).
Exemptions and exclusions:
The Regulation specifies development excluded from the bush fire safety authority requirement, including licensed premises without overnight accommodation, specified strata subdivisions where the original consent complied with particular EP&A provisions or building standards, certain Western New South Wales subdivisions and minor works such as flagpoles, driveways, earthworks and minor external non‑structural alterations (s 46(1)). These exclusions reduce regulatory burden for certain specified development types.
Penalties and enforcement:
Many prohibitions carry maximum penalties stated in the offence provisions (for example 20 penalty units for most burning and machinery offences in Pt 4). Schedule 2 lists offences eligible for penalty notices and fixed amounts, and s 1 of Sch 2 identifies classes of authorised officers who may issue penalty notices (police, persons authorised by local authority, persons authorised by the Commissioner) (Sch 2; Sch 2, s 1(3)).
Overall, the Regulation creates a matrix of duties for brigades, landowners, developers, local authorities and public agencies, while providing appeal and review mechanisms that are procedural rather than judicial within the instrument itself.
Penalties and enforcement
The Regulation sets out both criminal penalties (maximum penalty units) within specific offence provisions and a schedule of penalty notice offences with fixed monetary amounts. It also describes who may serve notices and prescribed service methods.
Maximum penalties in offence provisions: Several provisions in Pt 4 carry explicit maximum penalties. Commonly, the Regulation sets maximum penalties of 20 penalty units for many open‑burning and machinery offences. Examples include:
Lighting a fire to demolish buildings: maximum penalty 20 penalty units (s 20).
Burning sawmill waste material other than in approved incinerators/fenced enclosures/pits or without complying with equipment and clearing obligations: maximum penalty 20 penalty units (s 21(1)-(2)).
Use of steam‑powered machines not fitted with specified spark arresters and trays compliant with AS 1019-2000: maximum penalty 20 penalty units (s 22).
Use of motorised machines and spark‑generating implements without construction/maintenance and prescribed equipment: maximum penalty 20 penalty units (s 23).
Lighting cooking fires in the open without a cleared 2‑metre radius during bush fire danger periods: maximum penalty 20 penalty units (s 26).
Burning garbage and refuse contrary to prescribed conditions: maximum penalty 20 penalty units for many subclauses (s 27).
Lighting fires to produce charcoal or distil oils contrary to 30‑metre clearances and permit conditions: maximum penalty 20 penalty units (s 28).
Lighting or carrying a lighted tobacco product within 15 metres of combustible agricultural product carries a higher maximum penalty of 50 penalty units (s 29(1)).
Penalty notices and fixed amounts: Schedule 2 lists specified offences under the Act and the Regulation for which a penalty notice may be issued and the fixed amount payable. The Schedule cross‑references the Act and the Regulation and provides amounts in dollars for various provisions. For example (selected items drawn from Sch 2):
Offences under the Regulation: ss 20, 21(1) or (2), 22(1), 23(1) or (2), 26, 27(1) or (2), 28(1) or (3), and 29 all have penalty notice amounts of $660 (Sch 2 table).
The Schedule also records multiple Act provisions with amounts ranging from $110 to $4,400 depending on the offence and offender class (Sch 2 table).
Sch 2 contains an amendment note showing it was amended in 2022 (sch 2: Am 2022 No 59, Sch 2.42).
Authorised officers and service of notices: For the purposes of issuing penalty notices under Sch 2, s 1(3) specifies classes of authorised officers: police officers, persons authorised by a local authority, and persons authorised by the Commissioner. Section 39 prescribes the methods of service for notices and directions required by or under the Act (and thus captures enforcement notices), listing personal delivery, leaving with a resident over 14, prepaid post, facsimile, email, fixing the notice on the land or attaching it to a vehicle, document exchange deposit, serving the agent of a person outside NSW, and, where the owner’s address is unknown and the property is unoccupied, publication in a way appropriate to bring the notice to the attention of persons in the area (s 39(1)(a)-(j)). Section 39 also presumes service by document exchange two days after deposit (s 39(2)) and allows notices to be addressed to “occupier” or “owner” without naming them where the property is sufficiently described (s 39(3)-(4)).
Disciplinary enforcement within brigades: The Regulation gives the appropriate disciplinary authority a power to conduct investigations and to impose reprimands, suspensions and recommendations to responsible authorities for demotion, disqualification from rank, removal from brigade register or imposition of membership conditions (s 10(2)-(3)). Procedural safeguards require an investigation and at least 14 days’ written notice of findings and proposed disciplinary action, and give the member the ability to appeal to the responsible authority within 14 days (s 11(1)-(3)). Membership decisions (listing and removal) are separately appealable to designated appeal authorities within 21 days and stay removal pending resolution (s 9).
Default work and recovery of costs: Where bush fire hazard reduction work is required and a landowner does not comply with a notice, the Act provides for entry and work in default; the Regulation prescribes procedural notifications to the Rural Fire Service and specifies written notification timing requirements prior to default work under s 33 (s 32; s 33(1)-(2)). While this Regulation does not specify cost recovery mechanics for work in default, the procedural notification obligations may influence timeliness and operational coordination.
Who enforces and decides: Enforcement is divided. Onsite and community matters are mainly enforced by authorised officers and police (Sch 2 s 1(3)). Administrative decisions (constitution approvals, committee membership, nomination revocation, fire permit conditions, bush fire safety authority decisions and hazard reduction certificates) are handled by the Commissioner, responsible authorities and Bush Fire Co‑ordinating Committee as the statutes and the Regulation specify (s 4; s 15; s 19; ss 35, 43-48). Appeals with internal administrative remedies are also provided (ss 9, 11).
Timing requirements affecting enforcement: The Regulation embeds multiple timeframes that affect enforcement and rights. Key examples include:
21 days for exhibition of draft bush fire risk management plans (s 30(2)).
21 days as the appeal period for membership decisions (s 9(2)).
14 days’ notice before disciplinary action and 14 days to appeal disciplinary proposed actions (s 11(1)-(2)).
Timeframes for notice transmissions: copies of hazard reduction notices to the local Rural Fire Service office must be sent as soon as reasonably practicable but not later than 72 hours after service (s 32(1)-(2)); Commissioner notification prior to entering land to light a fire under s 70 must be written and sent at least 24 hours before entry (s 33(2)); fire permit issuers must notify the Department or Forestry Corporation as soon as reasonably practicable but not later than 72 hours after issuing the permit (s 35(2)); public authority notices not to light fires during a bush fire danger period must be given in writing and at least 24 hours before the period begins (s 36(1)(a),(c)).
In sum, enforcement under the Regulation combines criminal penalties, administrative penalty notices, disciplinary procedures and prescription of service and timing practices. The design assigns much procedural discretion to the Commissioner and responsible authorities while providing enumerated methods and timeframes for compliance and appeal.
How it interacts with other laws
The Regulation is densely cross‑referential and interacts with a broad array of primary legislation, subordinate instruments and technical standards. These interactions operate through definitions, required documentary standards, nominated authorities, and the reservation of decision‑making and notification duties.
Cross‑referenced Acts and instruments: The Regulation explicitly incorporates or references a number of Acts, regulations and standards that shape interpretation and operation:
Rural Fires Act 1997: The Regulation prescribes details that implement many Act sections (the Regulation repeatedly cites the Act, for example in headings and in s 49(2) saving prior Regulation effects). Many defined terms in the Regulation refer back to the Act (s 3 notes).
Forestry Act 2012 and Conveyancing Act 1919: “Forestry land” is defined by reference to these Acts (s 3).
National Parks and Wildlife Act 1974: Used to define NPWS land and to require disclosure of Aboriginal objects or places in bush fire safety authority and hazard reduction certificate applications (s 3; ss 45(2)(f), 48(d)-(e)).
Environmental Planning and Assessment Regulation 2021 and Planning for Bush Fire Protection: The Regulation requires vegetation classification in accordance with Planning for Bush Fire Protection and cross‑references the EP&A Regulation’s prescription of Planning for Bush Fire Protection (s 3; s 45). The bush fire safety authority application process explicitly references Planning for Bush Fire Protection and requires applicants to state conformity or deviation with it (s 45(2)(b), (g)(viii), (h)).
Biodiversity Conservation Act 2016 and predecessor biodiversity instruments: The Regulation requires disclosure of threatened species and ecological community details known to the applicant and identifies land types preserved or excluded by earlier biodiversity regime instruments for the purposes of excluded land (s 44; ss 45(2)(e), 48(c)-(d)). Section 48(c) specifically links to historical instruments such as biobanking agreements and property vegetation plans as they affect hazard reduction applications.
Crown Land Management Act 2016: The “managed land” definition includes land under care of various ministers and statutory land managers under the Crown Land Act (s 42).
Local Government Act 1993: The Regulation prevents Bush Fire Management Committees from being incorporated or being committees of a council (s 14) and treats community land and roads vested in local authorities as managed land (s 42).
Electricity Supply Act 1995, Local Land Services Act 2013, Health Services Act 1997, State Emergency and Rescue Management Act 1989: These statutes determine who may be invited to committees, which agency nominations are required, and what public authority functions are considered in prescribing voluntary work categories (s 15(2)(b)-(c); s 41(1)-(2)).
Operational consequences of these interactions:
Where the Regulation mandates vegetation classification or construction standards according to Planning for Bush Fire Protection (s 45), an applicant’s compliance burden depends on that external technical instrument’s content. The Regulation does not itself set technical bush fire attack level thresholds but imports them by reference, thereby connecting planning and building processes to the Regulation.
Development exclusions in s 46 are tied to the Building Code of Australia and to definitions in the EP&A regulatory framework (s 46(2)), meaning disputes about whether a development is excluded will frequently require checking building classification and prior planning consent history under the EP&A Act rather than the Regulation alone.
The Regulation’s reference to biodiversity and conservation instruments (s 48(c)) means hazard reduction certificates and the timing and location of works must be reconciled with conservation agreements, property vegetation plans and biodiversity stewardship agreements under the Biodiversity Conservation Act and predecessor Acts. This creates potential coordination obligations between the Service and biodiversity regulators.
Notices and default powers that invoke the Forestry Corporation, the Department, or Local Land Services involve coordinated action across agencies (ss 32-35; s 33(1)). For example, the Commissioner must notify the Department or Forestry Corporation prior to entering land to light a fire under the Act s 70 (s 33(1)).
The Regulation prescribes that certain public authorities and roles are treated as “public authorities” for purposes of the Act’s volunteer cooperation provisions (s 41(1)-(2)), integrating multi‑agency emergency response frameworks (State Emergency Service, Fire & Rescue NSW, Health Secretary, police).
Legal interpretation and evidentiary interactions:
Service of notices: Section 39 prescribes numerous service methods; where the Act or other laws require service, compliance with s 39’s methods will determine legal sufficiency. In particular, the Regulation allows email, facsimile and publication on a website in certain circumstances, expanding options for administrative service and potentially affecting litigation about proper notice.
Appeals and internal reviews: The Regulation creates internal administrative appeal routes (s 9 for membership decisions and s 11 for disciplinary decisions) and identifies the appeal authorities (Commissioner or Minister depending on responsible authority). These internal avenues operate in parallel to any external judicial review avenues available under administrative law, but the Regulation fixes procedural timeframes and stay effects (for example s 9(4) forbids removal from the register while an appeal is pending).
Compliance with external standards and technical instruments: By importing external standards and documents (AS 1019-2000; Planning for Bush Fire Protection; Building Code of Australia), the Regulation enmeshes compliance with technical codes outside the Regulation. Enforcement can therefore depend on evidence about conformity with those external standards, and regulatory disputes may involve technical expert evidence and interpretation of non‑statutory or quasi‑statutory instruments.
Overall, the Regulation acts as a node connecting the Rural Fires Act with planning, biodiversity, land management, building standards and multiple public agencies. Compliance and enforcement frequently require cross‑checking multiple instruments and agency roles.
Amendment history
The Regulation text includes in‑line amendment notes that identify subsequent modifications made after the Regulation’s initial enactment. These notes are the only amendment history recorded in the provided text. The key amendment markers visible in the Regulation are:
Repeal of the 2013 Regulation: The Regulation expressly repeals the Rural Fires Regulation 2013 (s 49(1)) and provides a savings provision preserving acts, matters and things that had effect under the earlier Regulation immediately before repeal (s 49(2)).
s 3: The definitions section has an amendment note indicating it was amended in 2023: “s 3: Am 2023 (71), Sch 1.8[1]”. This indicates a 2023 amendment inserted or changed definitions in s 3, though the text available is the consolidated result; the note is the only historical record provided here.
s 45: The bush fire safety authority application provision carries an amendment note “s 45: Am 2023 (71), Sch 1.8[2]”, so the application requirements were amended in 2023. The current s 45 contains substantial prescribed content for applications.
s 42: The “managed land” prescription carries an amendment note “s 42: Am 2024 No 27, Sch 2.11.” This indicates changes to what counts as managed land were made in 2024, now including land dedicated for a public purpose, community land, roads vested in a local authority, freeways/motorways and land under certain ministerial control, subject to excluded land definitions.
Schedule 2: The penalty notice offences Schedule carries the note “sch 2: Am 2022 No 59, Sch 2.42.” The Schedule’s entries and penalty amounts reflect an amendment made in 2022.
The commencement clause (s 2) explains that the Regulation commenced on the day of publication on the NSW legislation website and that it repeals and replaces the Rural Fires Regulation 2013 which otherwise would be repealed by the Subordinate Legislation Act 1989 (s 2 note).
No further amendment chronology, explanatory statements or second reading speech extracts are included in the text provided. The embedded “Am” notes indicate at least three amendment events (2022, 2023, 2024) that changed definitions, penalty schedules and the scope of managed land and application detail. The provision preserving prior acts and matters (s 49(2)) is a standard savings clause that ensures continuity.
Absent from the Regulation text are explicit transitional provisions detailing how ongoing applications or permits under the 2013 Regulation are to be finalised, apart from the general saving in s 49(2). The only specified saving is that any act, matter or thing that had effect under the 2013 Regulation continues to have effect under this Regulation (s 49(2)). Users seeking precise amendment tracking or historical versions will need to consult legislative databases and the schedules referenced in the amendment notes for the exact changes made in the cited amending instruments.
Litigation history
The Regulation text does not cite any cases and contains no annotated or reported litigation history within the instrument itself. There are no judicial decisions, case names, or summaries of authorities embedded in the Regulation. The instrument instructs appeals and internal administrative review processes (ss 9 and 11) but does not discuss external judicial review or list any precedent.
Where disputes arise from application of the Regulation (for example challenges to Committee membership decisions, removal from brigade registers, disciplinary findings, refusal to issue a permit or a bush fire safety authority decision, or enforcement actions and penalty notices under Sch 2), the relevant remedies and judicial review avenues will be those available under general administrative law and the Act, rather than specified in the Regulation. The Regulation does specify internal appeal pathways and the identity of appeal authorities (s 9(5) defines “appropriate appeal authority” depending on whether the responsible authority is a local authority or the Commissioner), and it provides procedural protections such as stays on removal from register pending appeal (s 9(4)). Beyond these internal processes, the text does not record litigation outcomes or jurisprudence that interprets the Regulation.
For research or casework purposes, practitioners will need to look beyond this Regulation to court and tribunal databases for any judgments that interpret particular Regulation provisions (for example s 39 on service of notices, s 45 on application content requirements, or s 21 on sawmill waste burning containment obligations). The Regulation itself provides the statutory text for such disputes but supplies no reported litigation history within the instrument.
Gotchas
The Regulation contains a number of technical and procedural features that create traps for the unwary. These items are concrete, source‑grounded, and have predictable operational consequences.
“Relevant land” default distance and local plan override (s 3)
The Regulation defines “relevant land” as land within 8 kilometres of NPWS land or forestry land (s 3). However, a bush fire management plan applying to land may specify a different distance. Practitioners must therefore check both a property’s geography and local bush fire management plans when determining whether provisions triggered by “relevant land” apply.
Commissioner’s power to approve and freeze brigade constitutions (s 4(3)-(4))
If a responsible authority fails to approve a brigade constitution within 21 days after a Commissioner’s direction, the Commissioner may approve the constitution and the responsible authority may not amend, revoke or replace it (s 4(3)-(4)). That creates a timing pressure: a responsible authority that neglects a Commissioner’s direction risks losing control over the brigade’s constitution for an unspecified time until the Commissioner’s approval is amended.
Probation and membership conditions tied to Service Standards and subjective fitness assessments (ss 6-7, 8(2)(d))
Membership is conditional on complying with the brigade constitution and satisfying responsible authority requirements and Service Standards (s 6(1); s 7(1)-(2)). Responsible authorities may refuse membership or remove a member if in their opinion the person is not a “fit and proper person,” a subjective standard that includes inactivity over 12 months or unpaid subscriptions (s 6(2); s 8(3)(a)-(b)). Subjective assessments may trigger appeals and require careful procedural notice compliance (s 9).
Stay on removals during appeals (s 9(4))
If a membership removal decision is appealed, the person’s name cannot be removed until the appeal is withdrawn or finally determined (s 9(4)). This protects members during appeal but also can prolong membership disputes and operational uncertainty for brigades.
Notification and timing tightness for hazard reduction work and Commissioner entry (ss 32-33)
Hazard management officers must send copies of bush fire hazard reduction notices to the nearest NSW Rural Fire Service office within 72 hours (s 32(2)). If the Commissioner intends to enter land to light a fire under the Act s 70, a written notification must be sent to the nearest Department or Forestry Corporation office at least 24 hours before entry (s 33(2)). Failure to meet these timings can create procedural invalidity risks and coordination failures.
Extensive application content for bush fire safety authorities (s 45)
Applicants must provide vegetation classification to 140 metres, slope to 100 metres, identification of threatened species and Aboriginal objects, and a comprehensive bush fire assessment covering setbacks, water supply adequacy, road capacity and two‑way access, access and egress, maintenance plans, construction standards, sprinkler provision, and registered fire trails (s 45(2)(b)-(g)). This is a substantial technical document; incomplete applications will delay decisions and possibly expose applicants to refusal or conditions.
Narrow but consequential exclusions from bush fire safety authority requirements (s 46)
Several common activities are excluded (for example minor external non‑structural alterations, certain class 10a buildings at least 6 metres from a dwelling, construction of paved areas, flagpoles). Determining whether an activity is “excluded” may require checking whether prior approvals were granted under specified EP&A sections or whether building classes meet particular historical standards (s 46(1)(b)-(c), (m), (n)). Misclassifying development risks non‑compliance.
Importation by reference to external technical instruments (s 22; s 45)
The Regulation requires compliance with AS 1019-2000 for steam‑powered machines (s 22). It also requires vegetation classification “in accordance with the system” in Planning for Bush Fire Protection and references the Building Code of Australia (s 45(2)(b); s 46(2)). Non‑conformity challenges will often engage external technical standards rather than disputed statutory language, requiring technical expertise.
Wide methods of service and presumptions of service (s 39)
Service can be effected by email, facsimile, publication on a website where owner unknown, or leaving the notice at premises with a person apparently over 14 (s 39(1)(b),(e),(j)). Section 39(4) states that if a notice has been served by a means prescribed by the section, all inquiries required are taken to have been made and the service is conclusive evidence of the inquiries having been made. That creates risk for persons who do not receive notices that are legally effective under these methods.
Penalty notice regimes and authorised officer classes (Sch 2; Sch 2 s 1)
Sch 2 prescribes which offences may be dealt with by penalty notices and fixes amounts. The classes of authorised officers who may issue such notices include persons authorised by local authorities or by the Commissioner as well as police (Sch 2 s 1(3)). Local authorities can therefore empower non‑police staff to issue on‑the‑spot penalties for certain offences, which may produce variability in enforcement practices across jurisdictions.
Restrictions on committees undertaking operational firefighting (s 16(3))
Bush Fire Management Committees must not conduct or take part in firefighting or prevention operations authorised by the Act or another law (s 16(3)). That can create confusion where committee members are also brigade members; the Regulation separates advisory/management roles from operational firefighting functions.
Ambiguous boundaries for fire prohibition zones (s 37 and Sch 1)
Section 37 revises how zones are identified for fire prohibition notices by linking each area to the local government areas listed in Schedule 1 and provides a note referring to the Act for the identification of State parts for total fire bans. Users must ensure they are checking the current local government area lists; the Regulation specifies that boundaries are “those current when the notification is published or the direction is given” (s 37(b)), which can produce timing sensitivities when council boundaries change.
These “gotchas” are procedural and technical; they create operational friction points that require careful checking of definitions, timeframes, application contents, service methods and the identity of decision makers before acting.
How to comply
Compliance under this Regulation requires attention to definitions, documentation, timing, equipment standards and procedural rights. The following is a practical checklist for the main regulated activities, tied to the relevant provisions.
For rural fire brigades, responsible authorities and brigade members:
Constitutions: Ensure the brigade has a written constitution in a form approved by the responsible authority and that it contains the items listed in s 4(2) (governing body, name, member classifications, meeting arrangements, voting rights, fundraising arrangements). Track any Commissioner directions to approve a constitution and respond within 21 days to avoid the Commissioner approving and freezing amendments (s 4(3)-(4)). Expect an annual review by the Commissioner (s 4(5)-(6)).
Membership processes: Adopt membership procedures in the constitution consistent with s 6(1) and ensure responsible authority criteria for membership are documented. Be prepared to refuse listing where a person is not “fit and proper” (s 6(2)), but comply with notice requirements (s 6(3)) and allow appeals within 21 days (s 9(2)).
Probationary membership: Apply a probationary period (default six months unless the responsible authority decides otherwise) and ensure competency assessments are aligned with Service Standards (s 7(1)-(2)).
Disciplinary procedure: Follow the investigation and written notice requirements before disciplinary action (s 11(1)). Provide at least 14 days’ notice with findings and proposed action, and allow the member 14 days to appeal to the responsible authority (s 11(1)-(2)). Ensure any disciplinary procedures conform with Service Standards (s 10).
Incident reporting: When attending incidents, ensure the officer in charge provides incident reports to the fire control officer and the Commissioner within time and content requirements of the Service Standards (s 12).
For landowners, occupiers and those lighting permitted fires:
Fire permits: Before lighting a permitted fire, check the permit conditions and comply with prescribed conditions in s 43: at least one person present unless the permit provides otherwise; burns must be consistent with any bush fire risk management plan applying to the land; obey directions from the appropriate authority.
Notices to neighbours and authorities: For burn‑off or firebreak burns, give notice to occupants of contiguous land, owners where there is no occupier, and the fire control officer or nearest station officer within the time specified in the permit or at least 24 hours before the burn if no time specified (s 34(1)-(4)). For burns on relevant land or when a permit is issued on relevant land, the appropriate authority must notify the Department or Forestry Corporation as soon as reasonably practicable but within 72 hours (s 35).
Equipment and clearances: For sawmill waste burning, use an approved incinerator or fenced enclosure or dug pit meeting the depth and enclosure specifications and maintain a cleared 9‑metre zone and two 16‑litre knapsack pumps and 450 litres of water ready (s 21(1)-(2)). For motorised machines used in agricultural contexts, ensure machines are constructed and maintained to prevent contact of heated areas with combustible matter and carry prescribed fire safety equipment (s 23(1)-(3)). For steam machines, fit spark arresters and trays and comply with AS 1019-2000 (s 22).
Bush fire danger periods: During a danger period, ensure cooking fires have a cleared 2‑metre surround (s 26) and refuse burning at waste depots meets a 30‑metre cleared distance, while household refuse burns outside depots must be in approved incinerators, with permit conditions or at cleared sites of at least 5 metres (s 27).
Tobacco restrictions: Do not light or carry a lighted tobacco product within 15 metres of combustible agricultural product to avoid a higher penalty (s 29).
For developers and planners applying for bush fire safety authorities:
Application completeness: Submit applications in writing with all items listed in s 45(2): property description, vegetation classification to 140m per Planning for Bush Fire Protection, slope assessment to 100m, identification of significant environmental features, known threatened species or ecological communities, known Aboriginal objects or places, and a comprehensive bush fire assessment addressing setbacks, water supply, road capacity, two‑way access, access/egress, maintenance plans, construction standards, sprinkler measures and registered fire trails. If subdivision in an urban release area is proposed and the applicant requests exclusion under EP&A s 4.14, include prescribed information such as plan of subdivision showing bush fire attack levels and setbacks (s 45(3)-(4)).
Check exclusions: Confirm whether the proposed development is excluded from the bush fire safety authority requirement under s 46 (for example minor works, certain class 10a buildings 6m from a dwelling, strata subdivisions that meet historical requirements). If relying on an exclusion, retain and be prepared to produce documentary proof of prior consent or building class compliance.
For hazard reduction work:
Certificate applications: For bush fire hazard reduction certificates (s 48), provide property description and address, precise details of how, when and where work will be carried out, any conservation/vegetation/biodiversity agreements affecting the property, threatened species details, Aboriginal object/place location, and written owner/occupier consent if the work will be carried out by someone other than the owner/occupier.
Notification and timing: Hazard management officers must send copies of notices to the nearest Rural Fire Service office within 72 hours of serving a bush fire hazard reduction notice (s 32). The Commissioner must notify the Department or Forestry Corporation at least 24 hours before entering land to light fires in default (s 33(2)).
For public authorities and Committees:
Committee membership and roles: When constituting Bush Fire Management Committees, invite or nominate the categories and numbers specified in s 15(2). Ensure the Chairperson is elected from eligible members and not an Executive Officer or certain nominated members as specified when electing a new Chairperson on vacancy (s 18(4)). The Executive Officer must be selected as prescribed in s 19(3) depending on the committee
Section 4Constitutions of rural fire brigades—the Act, s 135
Environmental Planning and Assessment Regulation 2021
relevant land means land that is within 8 kilometres, or another distance as may be specified in a bush fire management plan applying to the land, of NPWS land or forestry land.
responsible authority, in relation to a rural fire brigade, means—
(a) if the brigade is formed by a local authority under the Act, section 15(1)—the local authority, or
(b) if the brigade is jointly formed by two or more local authorities under the Act, section 15(2)—the local authority nominated as the responsible authority by a written agreement between the local authorities forming the brigade, or
(c) if the brigade is formed by the Commissioner—the Commissioner.
Service Standard means a policy statement issued by the Commissioner under the Act, section 13.
steam-powered machine means a machine operated by an engine that burns wood, coal or coke.
the Act means the Rural Fires Act 1997.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
s 3: Am 2023 (71), Sch 1.8[1].
Part 2 Rural fire brigades and groups of rural fire brigades
Part 2 Rural fire brigades and groups of rural fire brigades
Part 2 Rural fire brigades and groups of rural fire brigades
4 Constitutions of rural fire brigades—the Act, s 135
4 Constitutions of rural fire brigades—the Act, s 135
4 Constitutions of rural fire brigades—the Act, s 135
(1) A rural fire brigade must have a constitution.
(2) The constitution must—
(a) be in a form approved by the responsible authority for the brigade, and
(b) provide for the following matters—
(i) the council or other governing body of the brigade and its office bearers,
(ii) the name of the brigade,
(iii) the classification of members of the brigade other than officers,
(iv) arrangements for meetings of the brigade,
(v) the voting rights of members of the brigade,
(vi) the conduct of fundraising appeals by the brigade and the application of money or a benefit received in the course of an appeal.
(3) The Commissioner may direct the responsible authority for a brigade to approve the form of the constitution of the brigade.
(4) If the responsible authority fails to comply with the direction within 21 days—
(a) the Commissioner may approve the form of the constitution, making provision for the matters referred to in subsection (2), and
(b) the responsible authority may not amend, revoke or replace the constitution.
(5) The Commissioner must review the constitution of the brigade annually to decide whether to amend the constitution.
(6) In deciding whether to amend the constitution, the Commissioner must consider any relevant Service Standards.
5 Time for appointing officers of rural fire brigades—the Act, s 18
5 Time for appointing officers of rural fire brigades—the Act, s 18
5 Time for appointing officers of rural fire brigades—the Act, s 18
For the purposes of the Act, section 18(2), the period of 21 days is prescribed as the period within which the body or person that forms a rural fire brigade must appoint officers for the brigade after being requested to do so by the Commissioner.
6 Membership of rural fire brigades—the Act, s 135
6 Membership of rural fire brigades—the Act, s 135
6 Membership of rural fire brigades—the Act, s 135
(1) A person is eligible to be listed on the brigade register for a rural fire brigade if the person—
(a) complies with the procedures for attaining membership set out in the constitution of the rural fire brigade, and
(b) satisfies the requirements for membership of a rural fire brigade decided by the responsible authority for the brigade.
Note—
Under the Act, section 20, the persons listed on the register for a rural fire brigade required to be kept under that section are the members of the brigade.
(2) However, the responsible authority may refuse to list a person’s name on the brigade register if, in the opinion of the responsible authority, the person is not a fit and proper person to be a member of the brigade.
(3) The responsible authority must give notice of a refusal to the person concerned.
(4) A person’s listing on the brigade register is subject to conditions imposed by the responsible authority.
7 Probationary membership—the Act, s 135
7 Probationary membership—the Act, s 135
7 Probationary membership—the Act, s 135
(1) A person’s membership of a rural fire brigade is initially for a probationary period of 6 months unless the responsible authority for the brigade decides otherwise.
(2) The responsible authority may remove the person’s name from the brigade register for the brigade if, at the end of the probationary period, the person—
(a) has not achieved a satisfactory level of competency required by the Service Standards, or
(b) does not satisfy the requirements for the confirmation of membership set out in the constitution for the brigade, or
(c) has not complied with the conditions of membership imposed by the responsible authority under section 6(4).
8 Removal from membership—the Act, s 135
8 Removal from membership—the Act, s 135
8 Removal from membership—the Act, s 135
(1) The responsible authority for a rural fire brigade must remove the name of a person from the brigade register for the brigade if the person—
(a) dies, or
(b) applies in writing to have the person’s name removed from the brigade register.
(2) The responsible authority for a rural fire brigade may remove the name of a person from the brigade register for the brigade if the person—
(a) is found to have committed a breach of discipline under section 10, or
(b) becomes a mentally incapacitated person, or
(c) is convicted—
(i) in New South Wales of an offence punishable by imprisonment of 12 months or more, or
(ii) elsewhere than New South Wales of an offence that, if committed in New South Wales, would be punishable by imprisonment for 12 months or more, or
(d) in the opinion of the responsible authority, is no longer a fit and proper person to be a member of the brigade.
(3) Without limiting the generality of subsection (2)(d), the responsible authority may form an opinion that a person is no longer a fit and proper person to be a member of the rural fire brigade if—
(a) the person is listed on the brigade register for the brigade but has ceased to be an active member of the brigade for a period of 12 months or more, or
(b) the person has not paid the person’s annual subscription fee in accordance with the constitution of the brigade.
(4) The responsible authority must give notice to the person before removing the person’s name from the brigade register under subsection (2)(b), (c) or (d).
(5) Subject to section 9(4), the person’s name may only be removed 21 days after the notice is given.
9 Appeals relating to membership—the Act, s 135
9 Appeals relating to membership—the Act, s 135
9 Appeals relating to membership—the Act, s 135
(1) A person may appeal the following decisions of the responsible authority for a rural fire brigade—
(a) a decision under section 6(2) to refuse to list the person’s name on the brigade register for the brigade, or
(b) a decision under section 8(2)(b), (c) or (d) to remove the person’s name from the brigade register for the brigade.
(2) The appeal must be made to the appropriate appeal authority—
(a) in writing, and
(b) within 21 days of the person being notified of the decision.
(3) After hearing the appeal, the appropriate appeal authority may—
(a) confirm the decision, or
(b) order the responsible authority to list, or to retain, the person’s name on the brigade register.
(4) A person’s name must not be removed from a brigade register if the decision to remove the name is the subject of an appeal until the appeal is either—
(a) withdrawn, or
(b) finally determined by the appropriate appeal authority.
(5) In this section—
appropriate appeal authority means—
(a) if the responsible authority concerned is a local authority—the Commissioner, or
(b) if the responsible authority concerned is the Commissioner—the Minister.
10 Disciplinary action—the Act, s 135
10 Disciplinary action—the Act, s 135
10 Disciplinary action—the Act, s 135
(1) An officer or member of a rural fire brigade or group of rural fire brigades is guilty of a breach of discipline if the officer or member—
(a) contravenes the Act or a provision of this Regulation, or
(b) is negligent, careless, inefficient or incompetent in the discharge of the officer’s or member’s duties, or
(c) fails to comply with the Service Standards.
(2) The appropriate disciplinary authority may take disciplinary action against an officer or member of a rural fire brigade or group of rural fire brigades if—
(a) an alleged breach of discipline is dealt with in accordance with the procedure set out in the Service Standards, and
(b) notice has been given in accordance with section 11(1), and
(c) the officer or member is found to have committed the breach.
(3) The appropriate disciplinary authority may take the following disciplinary action—
(a) reprimand the officer or member,
(b) suspend the officer or member from service with the rural fire brigade or group of rural fire brigades for a specified period,
(c) recommend to the responsible authority that the responsible authority do one or more of the following—
(i) demote the officer or member,
(ii) disqualify the officer or member from holding rank in the rural fire brigade or group of rural fire brigades,
(iii) remove the officer’s or member’s name from the brigade register for the brigade or brigades,
(iv) impose conditions on the officer’s or member’s membership of a rural fire brigade or group of rural fire brigades.
11 Appeals about disciplinary action—the Act, s 135
11 Appeals about disciplinary action—the Act, s 135
11 Appeals about disciplinary action—the Act, s 135
(1) Before taking disciplinary action under section 10, the appropriate disciplinary authority must—
(a) investigate the alleged breach of discipline, and
(b) give the officer or member at least 14 days’ written notice of the following—
(i) the findings of the investigation,
(ii) the disciplinary action that the appropriate disciplinary authority proposes to take against the officer or member.
(2) The officer or member may, within 14 days after receiving the notice, appeal to the responsible authority against—
(a) the findings of the appropriate disciplinary authority, or
(b) disciplinary action the appropriate disciplinary authority proposes to take.
(3) On appeal, the responsible authority may—
(a) confirm the decision of the appropriate disciplinary authority, or
(b) recommend that no action be taken against the officer or member, or
(c) recommend that other disciplinary action be taken against the officer or member.
12 Incident reports—the Act, s 135
12 Incident reports—the Act, s 135
12 Incident reports—the Act, s 135
(1) When a rural fire brigade attends a fire or other incident or emergency, the officer in charge of the brigade must ensure the fire control officer and the Commissioner are provided with a report on the incident.
(2) The report must—
(a) be provided to the fire control officer and the Commissioner within the time required by the Service Standards, and
(b) include matters required to be covered in the report by the Service Standards.
13 Period for compliance with request to form rural fire brigade—the Act, s 15
13 Period for compliance with request to form rural fire brigade—the Act, s 15
13 Period for compliance with request to form rural fire brigade—the Act, s 15
For the purposes of the Act, section 15(4), the prescribed period is 3 months after the request to form a rural fire brigade is made.
Part 3 Bush Fire Management Committees
Part 3 Bush Fire Management Committees
Part 3 Bush Fire Management Committees
14 Constitution of Bush Fire Management Committees—the Act, s 50(4)
14 Constitution of Bush Fire Management Committees—the Act, s 50(4)
14 Constitution of Bush Fire Management Committees—the Act, s 50(4)
A Bush Fire Management Committee must not—
(a) be incorporated, or
(b) be a committee of a council under the Local Government Act 1993.
15 Membership of Bush Fire Management Committees—the Act, s 50(4)
15 Membership of Bush Fire Management Committees—the Act, s 50(4)
15 Membership of Bush Fire Management Committees—the Act, s 50(4)
(1) A person becomes a member of a Bush Fire Management Committee—
(a) by invitation from the
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