RURAL FIRES ACT 1997

New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

- As at 4 June 2024
- Act 65 of 1997

TABLE OF PROVISIONS

Long Title

PART 1 - PRELIMINARY
Note

1. Name of Act
2. Commencement
3. Objects of Act
4. Definitions
5. Notes
6. Rural fire districts
7. Responsible local authorities in rural fire districts
7A. Local authority for Western Division

PART 2 - NSW RURAL FIRE SERVICE
Note

Division 1 - The Service

8. NSW Rural Fire Service
9. Functions of Service

Division 2 - The Commissioner and other staff of Service

10. The Commissioner and other staff
11. Ministerial control
12. Functions of Commissioner
12A. Entry into rural fire district service agreements
13. Service Standards
14. Delegation by Commissioner

Division 3 - Rural fire brigades

15. Formation of rural fire brigades
16. Formation of groups of rural fire brigades
17. Disbandment of rural fire brigades
18. Area of operations and officers of rural fire brigades
19. Area of operations and officers of groups of rural fire brigades
20. Members of rural fire brigades
21. Functions of officers of rural fire brigades
22. General powers of rural fire brigade officers and others
22A. Power to remove persons or obstacles
23. Power to enter premises
24. Closure of streets and public places
25. Making premises safe
26. Use of water and works
27. Permission needed from transport authorities for exercise of certain functions
28. Damage to property and the environment
29. Notice of entry
30. Care to be taken
31. Use of force
32. Authority to enter premises
33. Voluntary work by rural fire brigade

Division 3A - Power to enter land to investigate fires

33A. Object of Division
33B. Power to enter land up to 24 hours after fire
33C. Search warrants
33D. Functions of Commissioner that may be exercised by others

Division 4 - Fire control officers

34. Deputy fire control officers
35. Acting fire control officer
36. Councillors not to be appointed as fire control officers, deputy fire control officers or acting fire control officers
37. Responsibilities of fire control officers and local authorities
38. Functions of fire control officers

Division 5 - Command structure

39. Commissioner may authorise officers and members of rural fire brigades to exercise functions
40. Officer in charge may authorise others to exercise functions
41. Duty to recognise authority of officers
42. (Repealed)
43. Interstate assistance at fires

PART 3 - CO-ORDINATED BUSH FIRE FIGHTING
Note

Division 1 - Co-ordination of bush fire fighting by Commissioner

44. Commissioner's responsibility
45. Power to give directions etc
45A. Delegation of functions under Division

Division 2 - Bush Fire Co-ordinating Committee

46. Constitution of Bush Fire Co-ordinating Committee
47. Membership and procedure of Bush Fire Co-ordinating Committee
48. Functions of Bush Fire Co-ordinating Committee
49. Delegation

Division 3 - Bush Fire Management Committees

50. Bush Fire Management Committees
51. Functions of Bush Fire Management Committees

Division 4 - Preparation of draft bush fire management plans

52. Bush Fire Management Committees to prepare plans
53. Content of draft plan of operations
54. Content of draft bush fire risk management plan
54A. Content of draft fire access and fire trail plan
55. General content
56. Failure of Management Committee

Division 5 - Public participation in preparation of plans

57. Public notice of draft bush fire risk management plans
58. Adoption of bush fire risk management plans
59. Adoption of bush fire plans of operation
59A. Adoption of fire access and fire trail plan
60. Co-ordination of planning by bush fire management plans
61. Amendment, revocation and cessation of bush fire management plans
62. Bush fire management plans and draft bush fire management plans to be published on website

Division 6 - General

62A. Audits of bush fire management plans

PART 3A - NEIGHBOURHOOD SAFER PLACES

62B. Definitions
62C. Designation of neighbourhood safer places
62D. Commissioner to inspect neighbourhood safer places
62E. Removal of designation as neighbourhood safer places
62F. Register of neighbourhood safer places
62G. Neighbourhood safer places may be signposted
62H. Protection from personal liability for owners of neighbourhood safer places

PART 3B - FIRE TRAILS

Division 1 - Preliminary

62I. Purpose of this Part
62J. Definitions

Division 2 - Fire Trail Standards

62K. Fire Trail Standards

Division 3 - Directions and agreements for fire trails

62L. Directions for fire trails on public land
62M. Agreements for fire trails on private land

Division 4 - Certification and registration of fire trails

62N. Certification of fire trails
62O. Register of certified fire trails

Division 5 - Fire trail complaints

62P. Fire trail complaints
62Q. Who may make a fire trail complaint
62R. How and to whom complaints are to be made
62S. Investigation of complaint
62T. Action that may be taken by Commissioner
62U. Complainant to be notified of action taken

Division 6 - Construction, maintenance and rectification work

62V. Application of this Division
62W. Construction and maintenance of fire trails
62X. Fire trail rectification work on unoccupied Crown land and managed land
62Y. Fire trail rectification notices
62Z. Objection to notices
62ZA. Appeal against notices
62ZB. Duties of fire trail management officer
62ZC. Fire trail rectification work in default of compliance with notice
62ZD. Defence to court proceedings
62ZE. Certain damage to property caused by fire trail rectification work covered by fire insurance
62ZF. Fire trail rectification work on damaged or destroyed fire trail

Division 7 - Closure of designated or registered fire trails

62ZG. Extended meaning of closure
62ZH. Unauthorised closure of designated or registered fire trails
62ZI. Offence to close designated or registered fire trail
62ZJ. Termination of registration
62ZK. Application for termination
62ZL. Objection to notice
62ZM. Appeal against notice
62ZN. Dealing with part only of registered fire trail

Division 8 - General

62ZO. Fire trail management officers
62ZP. Power to enter and inspect land
62ZQ. Designation and registration runs with the land

PART 4 - BUSH FIRE PREVENTION
Note

Division 1 - Duty to prevent bush fires

63. Duties of public authorities and owners and occupiers of land to prevent bush fires
64. Occupiers to extinguish fires or notify fire fighting authorities

Division 2 - Bush fire hazard reduction
Note

65AA. "Owner" or "occupier" includes "public authority"
65A. Hazard management officers
65. Reduction of fire hazards on unoccupied Crown land and managed land
66. Bush fire hazard reduction notices
67. Objection to notices
68. Appeal against notices
69. Powers and duties of hazard management officer
70. Bush fire hazard reduction work in default of compliance with notice
71. Defence to court proceedings
72. Certain damage to property caused by bush fire hazard reduction work covered by fire insurance
73. Bush fire hazard reduction by Commissioner
74. Bush fire hazard reduction reports

Division 2A - Bush fire hazard complaints

74A. Bush fire hazard complaints
74B. Who may make a bush fire hazard complaint
74C. How and to whom are complaints to be made
74CA. Misdirected complaints
74D. Investigation of complaint
74E. Action that may be taken by Commissioner if bush fire hazard exists
74F. Complainant to be notified of action taken
74G, 74H. (Repealed)

Division 3 - Damage by fire to dividing fences and other matters

75. Definitions
76. Notices to repair or restore dividing fences
77. Recovery of costs
78. Jurisdiction of Local Court
79. Entry to land to extinguish fire
80. (Repealed)

Division 4 - Bush fire danger period

81. General bush fire danger period
82. Local bush fire danger period
83. Consultation required before local bush fire danger period declaration made
84. (Repealed)

Division 5 - Permits and notice requirements

85. Definitions
86. Notice and certain authorities required before certain fires lit
87. Lighting fires for land clearance or fire breaks in bush fire danger period
88. Lighting fires that are dangerous to buildings in fire districts and rural fire districts
89. Issue of permits
90. Duration of permits
91. Cancellation or suspension of permits
92. Conditions of permit
93. Refusal to issue fire permit
94. Notice to be given of issue of fire permit
95. Permit not required for fires lit by public authorities
96. Appropriate authorities not determining authorities
97. Reporting requirements
98. Issue of permit does not affect duty to prevent bush fires

Division 6 - Total fire bans

99. Total fire ban orders

Division 7 - Offences

99A. Offences--discarding lighted cigarettes etc
100. Offences

Division 8 - Development of bush fire prone land and for bush fire hazard reduction

Subdivision 1 - Definitions

100A. Definitions

Subdivision 2 - Bush fire prone land

100B. Bush fire safety authorities

Subdivision 3 - Bush fire hazard reduction

100C. Carrying out bush fire hazard reduction work
100D. What is a bush fire hazard reduction certificate?
100E. Issuing and certifying authorities
100F. Issue of bush fire hazard reduction certificates
100G. Bush fire hazard reduction certificates of certifying authorities
100H. Remedy and restraint for breaches of sections 100F and 100G
100I. Duration of bush fire hazard reduction certificate

Subdivision 4 - Bush fire environmental assessment codes

100J. Commissioner may prepare draft codes
100K. Consultation on draft codes
100L. Public participation in preparation of codes
100M. Approval of code
100N. Publication, commencement and availability of codes
100O. Amendment or revocation of codes

Division 9 - Vegetation clearing work

100P. Definitions
100Q. The 10/50 Vegetation Clearing Code of Practice
100R. Carrying out vegetation clearing work in accordance with 10/50 Vegetation Clearing Code of Practice
100RA. Rural Boundary Clearing Code
100RB. Carrying out vegetation clearing work in accordance with Rural Boundary Clearing Code
100S. Review of Division

PART 5 - NEW SOUTH WALES RURAL FIRE FIGHTING FUND

Division 1 - Preliminary

101. Definitions

Division 2 - The Fund

102. New South Wales Rural Fire Fighting Fund

Division 3 - Estimates of rural fire brigade expenditure

103. Rural fire brigade funding target
104. Relevant councils to give information to Minister
105. Commissioner to assist

Division 4 - Treasurer to contribute to Fund

106. Treasurer to pay contributions
107. Contribution payable in instalments
108. Rural fire brigade funding amount

Division 5 - Councils to pay rural fire brigade contribution

109. Council to pay rural fire brigade contribution
110. Amount of contribution
110A. Contribution payable in instalments
110B. Minister to advise State Revenue Commissioner

Division 6 - Payment of contributions by relevant councils

111. When instalments are to be paid
112. Annual assessment notice
113. Instalment notices
113A. Rural fire brigade contribution is debt payable to State Revenue Commissioner
114. How contribution is to be funded
114A. Exemptions
114B. Certificate evidence

Division 6A - (Repealed)
None

Division 7 - Miscellaneous

118. Application of the Fund
118A. Management of unspent funds
119. Maintenance and disposal of fire fighting equipment purchased from Fund
120. Consolidated fund of councils
121. (Repealed)

PART 6 - RURAL FIRE SERVICE ADVISORY COUNCIL
Note

122. Establishment of Rural Fire Service Advisory Council
123. Membership and procedure of Advisory Council
124. Functions of the Advisory Council

PART 6A - APPLICATION OF OTHER LEGISLATION

Division 1 - Application of other legislation to emergency fire fighting acts

124A. Application of Environmental Planning and Assessment Act 1979
124B. Application of National Parks and Wildlife Act 1974
124C. Application of Local Government Act orders
124D. Application of Biodiversity Conservation Act 2016 and Part 5A of Local Land Services Act 2013

PART 7 - MISCELLANEOUS

125. Act binds Crown
126. Councils and other bodies to furnish information to Commissioner and the Co-ordinating Committee
127. Liability of persons in respect of loss or damage caused by bush or other fires
128. Protection from liability
129. Commissioner may be represented at inquiry
130. Giving of notices
131. Penalty notices
131A. Power to require name and address
132. Powers of police officers to give directions
133. Powers affecting land near certain bush fires
134. Proceedings for offences
135. Regulations
136. (Repealed)
137. Savings and transitional provisions
138. NSW Bushfire Inquiry--Ministerial progress reports
139. Review of Bushfires Legislation Amendment Act 2020
140. Presentation of report if Parliament not sitting
SCHEDULE 1
Schedule 2 (Repealed)
SCHEDULE 3
Schedule 4 (Repealed)
Dictionary

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback