45Application 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](/view/html/inforce/current/act-2016-063) 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](/view/html/inforce/current/act-1974-080), 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](/view/html/inforce/current/act-1979-203), 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](/view/html/inforce/current/act-1979-203), 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. > > > > urban release area has the same meaning as in the [Environmental Planning and Assessment Regulation 2021](/view/html/inforce/current/sl-2021-0759), section 270. > > > > dual occupancy, dwelling house and secondary dwelling have the same meanings as in the standard instrument prescribed by the [Standard Instrument (Local Environmental Plans) Order 2006](/view/html/inforce/current/epi-2006-0155). > > **s 45:** Am 2023 (71), Sch 1.8\[2\].