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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Rural Fires Amendment Bill 2013
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are as follows:
(a) to amend the Rural Fires Act 1997 to make further provision for bush fire hazard reduction,
(b) to make other miscellaneous amendments to the Rural Fires Act 1997 and the Rural Fires
Regulation 2013,
(c) to amend the National Parks and Wildlife Act 1974 to provide immunity from committing
certain offences under that Act in the course of carrying out bush fire hazard reduction
work,
(d) to amend the State Emergency and Rescue Management Act 1989 to create an aggravated
offence relating to impersonating an emergency services organisation officer.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent to the
proposed Act.
Schedule 1 Amendment of Rural Fires Act 1997 No 65
Schedule 1 [1] inserts a new object into the Rural Fires Act 1997, namely, to provide for the
protection of infrastructure and environmental, economic, cultural, agricultural and community
assets from damage arising from fires. Schedule 1 [2] is a consequential amendment.
b2013-106-58.d28
Rural Fires Amendment Bill 2013 [NSW]
Explanatory note
Schedule 1 [3] expands the functions of the NSW Rural Fire Service to include the protection of
infrastructure and environmental, economic, cultural, agricultural and community assets from
destruction or damage arising from fires in rural fire districts. Schedule 1 [4] is a consequential
amendment.
Schedule 1 [5] expands the things a rural fire brigade officer may do if a person or property is, or
is likely to be, endangered by a fire or other emergency to include shoring up buildings or
structures and destroying, pulling down, shoring up or removing parts of buildings or structures
on any land.
Schedule 1 [6] provides that the cost incurred by a rural fire brigade in destroying, pulling down,
shoring up or removing any buildings or structures or parts of buildings or structures in order to
make premises safe is to be borne by the owner of the building or structure and paid to the
Commissioner of the NSW Rural Fire Service (the Commissioner). However, the Commissioner
has a discretion to waive part or the whole of the payment of these costs.
Schedule 1 [7] enables the Commissioner to take and use, free of charge, water from a water
source on any land (by arrangement with the owner, occupier or person having control or
management of that land) for the purpose of training or demonstration by a rural fire brigade.
Schedule 1 [8] clarifies that a person who obstructs or hinders, or incites or encourages any person
to obstruct or hinder, a volunteer rural fire fighter acting under the direction of the Commissioner,
a fire control officer or an officer of a rural fire brigade or group of rural fire brigades commits an
offence.
Schedule 1 [9] updates references to the membership of the Bush Fire Co-ordinating Committee.
Schedule 1 [10] enables the Commissioner to direct a Bush Fire Management Committee to
amend a draft bush fire risk management plan prepared and submitted by it.
Schedule 1 [11] provides that a hazard management officer is not required to issue a bush fire
hazard reduction certificate in respect of bush fire hazard reduction work required by a notice
issued under section 66 (2) if the work is otherwise authorised, or not required to be authorised,
to be carried out.
Schedule 1 [12] provides that a bush fire hazard reduction notice is not required in the case of the
establishment or maintenance of a fire trail or bush fire hazard reduction work carried out by the
Commissioner when the identity and location of the owner or occupier of land cannot be
ascertained.
Schedule 1 [13] provides that the Commissioner can carry out bush fire hazard reduction work on
land if the Commissioner cannot ascertain the identity and location of the owner or occupier of
that land after reasonable inquiry conducted over a period of not less than 7 days. Schedule 1 [14]
is a consequential amendment.
Schedule 1 [15] provides that a public authority must report to the Commissioner on bush fire
hazard reduction carried out in the preceding financial year on any land it manages within 1 month
after the end of the financial year (rather than within 3 months as is the present case).
Schedule 1 [16] provides that, in addition to an annual report, a public authority must submit a
monthly report on bush fire hazard reduction activities carried out in the preceding month on any
land it manages and, if any activities planned for that month were not carried out, the reasons for
that omission. Schedule 1 [17] and [18] are consequential amendments.
Schedule 1 [20] inserts an offence of discarding a lighted tobacco product or match or any
incandescent material on land, which is currently an offence under clause 28 (2) of the Rural Fires
Regulation 2013. The proposed amendment provides for a higher penalty when the offence is
committed during a total fire ban in the relevant part of the State. Schedule 1 [19] is a
consequential amendment.
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Rural Fires Amendment Bill 2013 [NSW]
Explanatory note
Schedule 1 [21] provides that where bush fire hazard reduction work is to be carried out on several
parcels of adjoining land, a single bush fire hazard reduction certificate may be issued by the
relevant issuing or certifying authorities. Schedule 1 [22] is a consequential amendment.
Schedule 1 [23] allows a bush fire hazard reduction certificate that applies only to carrying out
bush fire hazard reduction work of a kind that is carried out regularly and has a low impact on the
environment and biodiversity to operate for 3 years.
Schedule 1 [24] updates references to agencies and other bodies with whom the Commissioner
must consult and whose recommendations, if any, the Commissioner must take into account in
preparing a draft bush fire environmental assessment code.
Schedule 1 [25] clarifies that proceedings for offences under section 100 (1) of the Act (setting
fires without lawful authority or allowing fire to escape) are indictable offences.
Schedule 1 [26] amends the definition of bush fire hazard reduction work to include the
establishment or maintenance of fire trails. Schedule 1 [27] is a consequential amendment.
Schedule 1 [28] inserts a definition of volunteer rural fire fighters into the Dictionary.
Schedule 2 Amendment of other legislation
Schedule 2.1 [1] and [2] exempt anything done in the course of carrying out bush fire hazard
reduction work to which section 100C (4) of the Rural Fires Act 1997 applies (namely, work
carried out without certain approval, consent or authorisation but in accordance with a bush fire
risk management plan and bush fire code) from the offences of harming or picking threatened
species, endangered populations or endangered ecological communities and damaging the habitat
of threatened species, endangered populations or endangered ecological communities,
respectively.
Schedule 2.2 removes the offence of leaving or depositing a lighted tobacco product, match or
any incandescent material on land or certain structures from clause 28 (2) of the Rural Fires
Regulation 2013. That offence is now in proposed section 99A of the Act (see Schedule 1 [20]).
Schedule 2.3 inserts aggravated offences relating to impersonating an emergency services
organisation officer.
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First print
New South Wales
Rural Fires Amendment Bill 2013
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Rural Fires Act 1997 No 65 3
Schedule 2 Amendment of other legislation 8
b2013-106-58.d28
New South Wales
Rural Fires Amendment Bill 2013
No , 2013
A Bill for
An Act to amend the Rural Fires Act 1997 to make further provision for bush fire hazard
reduction; and for other purposes.
Rural Fires Amendment Bill 2013 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Rural Fires Amendment Act 2013. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Rural Fires Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Rural Fires Act 1997 No 65
Schedule 1 Amendment of Rural Fires Act 1997 No 65 1
[1] Section 3 Objects of Act 2
Insert after section 3 (c): 3
(c1) for the protection of infrastructure and environmental, economic, 4
cultural, agricultural and community assets from damage arising from 5
fires, and 6
[2] Section 3 (d) 7
Omit "(a)-(c)". Insert instead "(a)-(c1)". 8
[3] Section 9 Functions of Service 9
Insert after paragraph (b) of the definition of rural fire services in section 9 (4): 10
(b1) the protection of infrastructure and environmental, economic, cultural, 11
agricultural and community assets from destruction or damage arising 12
from fires in rural fire districts, 13
[4] Section 9 (4), definition of "rural fire services" 14
Omit "(a) and (b)" from paragraph (c). Insert instead "(a)-(b1)". 15
[5] Section 25 Making premises safe 16
Omit section 25 (b). Insert instead: 17
(b) destroy, pull down, shore up or remove, or cause to be destroyed, pulled 18
down, shored up or removed, any buildings or structures or parts of 19
buildings or structures on any land, 20
[6] Section 25 (2) and (3) 21
Insert at the end of section 25: 22
(2) The cost of doing something pursuant to subsection (1) (b) is to be borne by 23
the owner of the building or structure and is to be paid to the Commissioner. 24
(3) The Commissioner may waive payment of the whole or any part of an amount 25
payable under subsection (2) in such circumstances as the Commissioner 26
thinks appropriate. 27
[7] Section 26 Use of water and works 28
Insert at the end of the section: 29
(2) The Commissioner may, by arrangement with the owner or occupier or person 30
having control or management of land containing a water source, take and use, 31
free of charge, water from that source for the purpose of training or 32
demonstration by any rural fire brigade. 33
[8] Section 42 Obstruction etc of Commissioner and other members of Service 34
Insert "volunteer rural fire fighter or other" after ", or any". 35
[9] Section 47 Membership and procedure of Bush Fire Co-ordinating Committee 36
Omit section 47 (1). Insert instead: 37
(1) The Bush Fire Co-ordinating Committee is to consist of 14 members as 38
follows: 39
(a) the Commissioner, who is to be the Chairperson of the Committee, 40
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Rural Fires Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Rural Fires Act 1997 No 65
(b) a member of staff of Fire and Rescue NSW nominated by the 1
Commissioner of Fire and Rescue NSW, 2
(c) 2 members of staff of the Department of Trade and Investment, 3
Regional Infrastructure and Services nominated by the 4
Director-General of that Department, one of whom is a member of staff 5
of the Resources and Energy Division--Energy Business Unit of that 6
Department, and one of whom is a member of staff of the Catchments 7
and Lands--NSW Crown Lands Division of that Department, 8
(d) a member of staff of the Office of Environment and Heritage nominated 9
by the Chief Executive of that Office, 10
(e) 2 persons appointed by the Minister on the recommendation of the 11
Local Government and Shires Association of New South Wales, 12
(f) a fire control officer appointed by the Minister on the recommendation 13
of the NSW Rural Fire Service Association Inc, 14
(g) a person appointed by the Minister on the recommendation of the 15
Commissioner of Police, 16
(h) a person appointed by the Minister on the recommendation of the 17
Minister for the Environment, 18
(i) a person nominated by the Nature Conservation Council of New South 19
Wales, 20
(j) a person appointed by the Minister on the recommendation of the NSW 21
Farmers' Association, 22
(k) a member of staff of the Department of Family and Community 23
Services nominated by the Minister for Family and Community 24
Services, 25
(l) a member of staff of the Forestry Corporation of New South Wales 26
nominated by the chief executive officer of that Corporation. 27
[10] Section 54 Content of draft bush fire risk management plan 28
Insert after section 54 (3): 29
(4) The Commissioner may direct a Bush Fire Management Committee to amend 30
a draft bush fire risk management plan prepared and submitted by it. 31
[11] Section 66 Bush fire hazard reduction notices 32
Insert after "subsection (2)" in section 66 (3): 33
unless the work required by the notice: 34
(a) is otherwise authorised to be carried out, or 35
(b) is not required to be authorised to be carried out under this or any other 36
Act. 37
[12] Section 66 (10) 38
Insert after section 66 (9): 39
(10) This section does not apply in relation to bush fire hazard reduction work that: 40
(a) the Commissioner has determined is to be carried out in accordance 41
with section 73 (1) (d), or 42
(b) comprises the establishment or maintenance of a fire trail. 43
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Rural Fires Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Rural Fires Act 1997 No 65
[13] Section 73 Bush fire hazard reduction by Commissioner 1
Insert at the end of section 73 (1) (c): 2
, or 3
(d) if the Commissioner serves a notice addressed (by the description of 4
"Owner" or "Occupier") to the owner or occupier of the land 5
specifying: 6
(i) the circumstances in which, conditions under which and manner 7
and time within which the bush fire hazard reduction work is to 8
be carried out, and 9
(ii) any means by which the bush fire hazard reduction work is to be 10
carried out and alternative means other than fire by which the 11
work should, if practicable, be carried out, 12
and after reasonable inquiry conducted over a period of not less than 13
7 days, the Commissioner cannot ascertain the identity and location of 14
the owner or occupier. 15
Note. The bush fire hazard reduction work can be carried out by the Commissioner on 16
land with the consent of the owner or occupier or following notice to the owner or 17
occupier under section 66, if the identity and location of the owner or occupier is 18
ascertained. 19
[14] Section 73 (2) 20
Omit "such work". Insert instead "work under subsection (1) (a)-(c)". 21
[15] Section 74 Bush fire hazard reduction reports 22
Omit "3 months" from section 74 (1). Insert instead "1 month". 23
[16] Section 74 (1A) 24
Insert after section 74 (1): 25
(1A) In addition to the annual report, each public authority that is responsible for 26
managed land must report to the Commissioner not later than 7 days after the 27
end of each month on: 28
(a) its activities to reduce bush fire hazards on the managed land during the 29
preceding month, and 30
(b) if any activities planned for that month were not carried out, the reasons 31
for that omission. 32
[17] Section 74 (2) 33
Omit "The report". Insert instead "Any such report". 34
[18] Section 74 (3) 35
Omit "this section". Insert instead "subsection (1)". 36
[19] Part 4, Division 7, heading 37
Omit the heading. Insert instead: 38
Division 7 Offences 39
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Rural Fires Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Rural Fires Act 1997 No 65
[20] Section 99A 1
Insert before section 100: 2
99A Offences--discarding lighted cigarettes etc 3
A person must not, without lawful authority, discard a lighted tobacco product 4
or match or any incandescent material on any land. 5
Maximum penalty: 6
(a) except as provided by paragraph (b)--50 penalty units, or 7
(b) in the case of an offence committed during a total fire ban under 8
Division 6 in the part of the State concerned--100 penalty units. 9
[21] Section 100E Issuing and certifying authorities 10
Insert after section 100E (2): 11
(3) If more than one bush fire hazard reduction certificate would otherwise be 12
required for any bush fire hazard reduction work to be carried out on several 13
parcels of adjoining land, a certifying authority in respect of any of that land 14
is the certifying authority for the whole of the land, if the other relevant 15
issuing or certifying authorities agree. 16
Note. The Commissioner is, under subsection (2), a certifying authority for any land on which 17
bush fire hazard reduction work is carried out by the Commissioner and accordingly the 18
Commissioner can certify a single certificate without the need to obtain the agreement of other 19
authorities. 20
[22] Section 100G Bush fire hazard reduction certificates of certifying authorities 21
Insert after section 100G (1): 22
(1A) In the case of a single bush fire hazard reduction certificate certified by a 23
certifying authority in respect of several parcels of adjoining land, as referred 24
to in section 100E (3), a reference in subsection (1) to the certifying authority 25
carrying out bush fire hazard reduction work on land is taken to include a 26
reference to any authority or person carrying out the work on any of the land. 27
[23] Section 100I Duration of bush fire hazard reduction certificate 28
Insert at the end of the section: 29
(2) However, a bush fire hazard reduction certificate that applies only to the 30
carrying out of work that: 31
(a) is of a kind that is carried out regularly, and 32
(b) has, in the opinion of the issuing authority or certifying authority, a low 33
impact on the environment and biodiversity, 34
operates for a period of 3 years commencing on the date endorsed on the 35
certificate. 36
[24] Section 100K Consultation on draft codes 37
Omit section 100K (1). Insert instead: 38
(1) The Commissioner must, in preparing a draft bush fire environmental 39
assessment code, consult with, and take into account any recommendations 40
made by or on behalf of, the following: 41
(a) the Director-General of the Department of Planning and Infrastructure, 42
(b) the Director-General of the Department of Premier and Cabinet, 43
(c) the Nature Conservation Council of New South Wales, 44
Page 6
Rural Fires Amendment Bill 2013 [NSW]
Schedule 1 Amendment of Rural Fires Act 1997 No 65
(d) the NSW Farmers' Association, 1
(e) the Local Government and Shires Association of New South Wales, 2
(f) the Director-General of the Department of Trade and Investment, 3
Regional Infrastructure and Services, 4
(g) the Commissioner of Fire and Rescue NSW, 5
(h) the Forestry Corporation of New South Wales, 6
(i) the Environment Protection Authority. 7
[25] Section 134 Proceedings for offences 8
Insert "(other than section 100 (1))" after "this Act" in section 134 (1). 9
[26] Dictionary 10
Insert "and fire trails" after "breaks" in paragraph (a) of the definition of bush fire hazard 11
reduction work. 12
[27] Dictionary, definition of "bush fire hazard reduction work" 13
Omit ", trail". 14
[28] Dictionary 15
Insert in alphabetical order: 16
volunteer rural fire fighters--see section 8 (3). 17
Page 7
Rural Fires Amendment Bill 2013 [NSW]
Schedule 2 Amendment of other legislation
Schedule 2 Amendment of other legislation 1
2.1 National Parks and Wildlife Act 1974 No 80 2
[1] Section 118A Harming or picking threatened species, endangered populations or 3
endangered ecological communities 4
Insert after section 118A (3A): 5
(3B) This section does not apply to anything done in the course of carrying out bush 6
fire hazard reduction work to which section 100C (4) of the Rural Fires Act 7
1997 applies. 8
[2] Section 118D Damage to habitat of threatened species, endangered populations or 9
endangered ecological communities 10
Insert after section 118D (2A): 11
(2B) This section does not apply to anything done in the course of carrying out bush 12
fire hazard reduction work to which section 100C (4) of the Rural Fires Act 13
1997 applies. 14
2.2 Rural Fires Regulation 2013 15
Clause 28 Offence to light, use or carry tobacco product 16
Omit clause 28 (2). 17
2.3 State Emergency and Rescue Management Act 1989 No 165 18
Section 63B Offences relating to emergency services organisations 19
Insert after section 63B (2): 20
(2A) A person who: 21
(a) impersonates an emergency services organisation officer with the 22
intention to deceive and purports to exercise a function of such an 23
officer, or 24
(b) impersonates an emergency services organisation officer with the 25
intention to deceive in order to facilitate the commission of an offence, 26
is guilty of an offence. 27
Maximum penalty: 100 penalty units. 28
Page 8
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