Northern Territory Explanatory Statements

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BUSHFIRES MANAGEMENT BILL 2016

The Bill delivers on a key Government commitment to review the Bushfires Act.

It will improve bushfire management leading to increased public safety for communities in rural or remote areas, improved economic certainty and safety for a variety of rural industries, and will better protect the biodiversity values and the environment of the Northern Territory.

The Bill clarifies the fire management responsibilities of key stakeholders such as land owners, land occupiers, Bushfires Council and Regional Bushfires Committees, Volunteer Bushfire Brigades and land management organisations.

The Bill establishes management zones that define fire management planning and mitigation based on risk. Finally, it will create a chain of command and a system of orders to provide improved authorities and protections for individuals involved in fire management.

The Bill repeals and replaces the Bushfires Act.

NOTES ON CLAUSES

Part 1 Preliminary matters

Clause 1 Short Title

This is a formal clause which provides for the citation of the Bill. The Bill when passed will be cited as the Bushfires Management Act 2016.

Clause 2 Commencement

This is a formal clause which establishes when the Act will commence. This Act will commence on the date fixed by the Administrator in the Northern Territory Government Gazette.

Clause 3 Definitions

This clause defines various words and expressions used in the Act.

Clause 4 Light a fire

This clause defines the various actions that can be interpreted as lighting a fire within the Act.

Clause 5 Public notice

This clause specifies the methods by which a person can give public notice of a matter relating to the Act.

Clause 6 Application

This clause specifies that the Act does not apply to emergency response areas as described by the Fire and Emergency Act. Emergency response areas include the metropolitan areas of major cities and townships within the Northern Territory and are administered by the Northern Territory Fire and Rescue Service.

Clause 7 Act binds the Crown

This is a formal clause which binds the Crown in right of the Territory and all other capacities to the extent of the power of the Legislative Assembly.

Clause 8 Application of the Criminal Code

This clause ensures that the criminal responsibility provisions in Part IIAA of the Criminal Code apply to offences in this Act.

Part 2 Administration

Division 1 Role of the Minister

Clause 9 Minister must consider advice of the Council

This clause describes the requirement for the Minister to consider any advice given by the Bushfires Council in any matter relating to the mitigation, management or suppression of bushfires in the Northern Territory. This clause also requires that the Minister, as soon as practical after receiving the advice, must describe in writing how the advice was treated, and if the Minister’s decision was not consistent with the advice, provide the reason for that decision.

Clause 10 Acquisition and maintenance of vehicles, etc

This clause provides the Minister with the power to acquire vehicles and firefighting equipment to prevent and control bushfires.

Clause 11 Provision of financial assistance

This clause provides the Minister with the capacity to provide land owners or occupiers with any financial or other assistance in preventing and controlling bushfires on their land.

Clause 12 Delegation

This is a formal clause enabling the Minister to delegate any of the Ministers functions or powers under the Act to another person.

Division 2 Bushfires NT

Clause 13 Role of Bushfires NT

This clause establishes Bushfires NT as the division of government responsible for the administration of the Act and to make it clear that, as a division of a government agency, it is responsible to the Minister through the host agency Chief Executive Officer.

Clause 14 Executive Director

This clause establishes the position of Executive Director as the senior officer within Bushfires NT. Subject to the directions of the agency Chief Executive Officer, the Executive Director has general control and overall responsibility for the management of Bushfires NT.

The functions of the Executive Director are:

1. to implement measures for the mitigation, management and suppression of bushfires;

2. to assist the Bushfires Council and Regional Bushfires Committees in the performance of their powers, duties and functions; and




3. when necessary, to reallocate Government funded fire fighting assets from one brigade to another.

Clause 15 General Orders

This clause provides the Executive Director with the power to issue general orders and instructions to ensure the effective and efficient operation of Bushfires NT and Volunteer Bushfire Brigades. General orders and instructions can apply to a range of people and can include Bushfires NT personnel, Authorised Bushfire Volunteers, other members of volunteer brigades, landowners or members of the public.

General orders may include, but are not limited to, any of the following matters:

· operating procedures for Bushfires NT and Volunteer Bushfire Brigades;


· the appointment of Authorised Bushfire Volunteers;


· training standards and requirements for public sector employees employed in Bushfires NT and Authorised Bushfire Volunteers;


· arrangements for implementing the chain of command in responding to bushfire incidents;


· response arrangements in relation to incidents not involving a bushfire.

Clause 16 Chief Fire Control Officer

This clause establishes the position of Chief Fire Control Officer. The Chief Fire Control Officer is responsible for managing the operational activities of Bushfires NT and Volunteer Bushfire Brigades. The Chief Fire Control Officer has the powers necessary to perform the functions of the position and may delegate those powers to a public sector employee.

Additionally, the Executive Director has all the powers of a Chief Fire Control Officer and may perform any functions of the position. This allows appropriate and timely transfer of powers and functions between the Executive Director and the Chief Fire Control Officer during times of critical operational need during bushfire emergencies.

Clause 17 Senior Fire Control Officer

This clause establishes the position of Senior Fire Control Officer. A Senior Fire Control Officer is responsible for assisting the Chief Fire Control Officer in operational bushfire management activities. The Senior Fire Control Officer has the necessary powers to assist the Chief Fire Control Officer in the functions of that position.

Clause 18 Fire Control Officer

This clause establishes the position of Fire Control Officer. The Minister may appoint individuals who hold positions within Bushfires NT as Fire Control Officers. The powers of Fire Control Officers are described in Division 7, Clauses 46, 47, 48, 49 and 50.

Clause 19 Identity Card

This clause stipulates that the Minister must give a Fire Control Officer an identity card. The identity card must show a recent photograph of the Fire Control Officer, show the date of the cards issue and be signed by the fire control officer.

Clause 20 Return of identity card

This clause stipulates that a person who ceases to be a Fire Control Officer must return the identity card to the Minister within 21 days.

This clause also creates an offence for a person who ceases to be a Fire Control Officer and does not return their identity card to the Minister within 21 days. The offence is punishable by up to 20 penalty units.

Division 4 Bushfires Council

Clause 21 Bushfires Council

This is a technical clause that establishes the Bushfires Council, requires the Bushfires Council to represent the Territory, and provides appropriate rights and immunities to the Council within the shield of the Crown of the Territory.

Clause 22 Function

This clause stipulates the function of the Bushfires Council. That function is to advise the Minister on measures taken to mitigate, manage, and suppress bushfires in the Territory.

Clause 23 Powers of Council

This clause stipulates the powers of the Bushfires Council. Those powers include all necessary powers to fulfil the function of advising the Minister and directing a chairperson of a regional committee to call a Regional Bushfires Committee meeting.

Clause 24 Terms of Reference

This clause stipulates that the Minister may, in writing to the Council, determine a terms of reference for the Council. In performing its function, the Council must comply with any terms of reference given by the Minister.

Clause 25 Members

This clause outlines the membership of the Bushfires Council as consisting of no less than 9 members appointed by the Minister, at least one member from each Regional Bushfires Committee, and a chairperson and deputy chairperson appointed by the Minister.

This clause also stipulates that the appointment of a person to the Bushfires Council should be published in the government Gazette as soon as practical after it is made.

Clause 26 Term of Appointment

This clause stipulates that a member of the Council holds office for periods not exceeding 3 years, but is eligible for reappointment after that period in accordance with clause 25.

Clause 27 Acting appointments

This clause stipulates that the Minister may, in writing, appoint a person to act as a member of the Council during a vacancy in the office of a member, or during any periods a member is absent or unable to act. This clause stipulates the acting person has all the powers and abilities to perform the functions of the member for whom the person is acting.

Clause 28 Termination of appointment

This clause describes the process for the termination of Bushfires Council members. It specifies that the Minister may terminate the appointment of a member who, in the opinion of the Minister, is guilty of misbehaviour or incompetence or ceases to be a resident in the Territory.

This clause further stipulates that the Minister must terminate the appointment of a member who becomes bankrupt, is absent without leave from 3 consecutive Council meetings or, in the opinion of the Minister, is of unsound mind.

Additionally, this clause provides that a member of the Council may resign by giving written notice to the Minister.

Clause 29 Meetings

This clause describes meeting procedures for the Bushfires Council. The chairperson of the Council may determine the procedure for calling and conducting meetings, but the Act specifies that:

· A quorum at a meeting of the Council is 5 members.


· The chairperson must preside at any meeting of the Council at which the chairperson is present and, if the chairperson is not present, the deputy chairperson must preside.


· If neither the chairperson nor the deputy chairperson of the Council is present at a meeting, the members present must elect one of their numbers to preside at the meeting.


· Questions arising at a meeting of the Council must be determined by a majority of the votes of the members present and voting.


· The person presiding at a meeting of the Council has a deliberative vote and, in the event of an equality of votes, also has a casting vote.


· The Council must keep minutes of all its meetings.

This is a technical clause that specifies the powers of the Council, or its capacity to perform a function, is not affected by a vacancy in its membership.

Clause 31 Conflicting interests

This clause requires a member who has a direct or indirect pecuniary interest in a matter being considered by Council must disclose that interest, and the Council may direct that member to refrain from taking part in deliberations of the Council in relation to that matter.

This clause also defines a direct or indirect pecuniary interest in relation to Council membership.

Division 5 Regional bushfires committees

Clause 32 Regional bushfires committees

This is a technical clause that establishes a Regional Bushfires Committee for each fire management zone and provides appropriate rights and immunities to the Committee.

Clause 33 Functions

This clause stipulates the functions of a Regional Committee as making bushfire management recommendations to the Bushfires Council, and endorsing fire management plans for its fire management zone.

Clause 34 Powers of regional committee

This clause stipulates the powers of a Regional Bushfire Committee. Those powers include all necessary powers to fulfil the function of recommending bushfire management measures to the Bushfires Council, and endorsing fire management plans for a fire management zone.

Clause 35 Terms of Reference

This clause stipulates that the Minister may, in writing to a Regional Bushfires Committee, determine a terms of reference for the Bushfires Committee. In performing its function, the Bushfires Committee must comply with any terms of reference given by the Minister.

Clause 36 Members

This clause outlines the membership of a Regional Bushfires Committee as consisting of no less than 6 members appointed by the Minister and a chairperson and deputy chairperson appointed by the Minister.

This clause also stipulates that the appointment of a person to a Regional Bushfires Committee should be published in the Government Gazette as soon as practical after it is made.

Clause 37 Term of Appointment

This clause stipulates that a member of a Regional Bushfires Committee holds office for periods not exceeding 3 years, but is eligible for reappointment after that period in accordance with clause 25.

Clause 38 Acting appointments

This clause stipulates that the Minister may, in writing, appoint a person to act as a member of a Regional Bushfires Committee during a vacancy in the office of a member, or during any periods a member is absent or unable to act. The clause stipulates the acting person has all the powers and abilities to perform the functions of the member for whom the person is acting.

Clause 39 Termination of Appointment

This clause describes the process for the termination of a Regional Bushfires Committee member. It specifies that the Minister may terminate the appointment of a member who, in the opinion of the Minister, is guilty of misbehaviour or incompetence or ceases to be a resident in the fire management zone of the regional committee.

This clause further stipulates that the Minister must terminate the appointment of a member who becomes bankrupt, is absent from 3 consecutive regional committee meetings or, in the opinion of the Minister, is of unsound mind.

Additionally, this clause provides that a member of a regional committee may resign by giving written notice to the Minister.

Clause 40 Meetings

This clause describes meeting procedures for a Regional Bushfires Committee.

· The Chairperson of the Regional Bushfires Committee may determine the procedure for calling and conducting meetings.


· The Chairperson must call a Regional Bushfires Committee meeting if directed to do so by the Bushfires Council.

· A quorum at a meeting of the Regional Bushfires Committee is three members.


· The Chairperson must preside at any meeting of a regional committee at which the Chairperson is present and, if the Chairperson is not present, the Deputy Chairperson must preside.


· If neither the Chairperson nor the Deputy Chairperson of the Regional Bushfires Committee is present at a meeting, the members present must elect one of their numbers to preside at the meeting.


· Questions arising at a meeting of the Regional Bushfires Committee must be determined by a majority of the votes of the members present and voting.


· The person presiding at a meeting of the Regional Bushfires Committee has a deliberative vote and, in the event of an equality of votes, also has a casting vote.


· A Regional Bushfires Committee must keep minutes of all its meetings.

This is a technical clause that specifies the powers of a Regional Bushfires Committee, or its capacity to perform its functions, is not affected by a vacancy in its membership.

Clause 42 Conflicting interests

This clause requires a member who has a direct or indirect pecuniary interest in a matter being considered by a Regional Bushfires Committee must disclose that interest, and the regional committee may direct that member to refrain from taking part in deliberations of the regional committee in relation to that matter.

The clause also defines a direct or indirect pecuniary interest in relation to regional committee membership.

Division 6 Fire Wardens

Clause 43 Fire Wardens

This clause provides for the appointment of Fire Wardens for a fire management zone for a specified period by the Executive Director. A person appointed to be a fire warden is eligible for reappointment.

Clause 44 Identity card

This clause stipulates that the Executive Director must give a Fire Warden an identity card. The identity card must show a recent photograph of the Fire Warden, show the date of the card’s issue and be signed by the Fire Warden.

Clause 45 Return of identity card

This clause stipulates that a person who ceases to be a Fire Warden must return the identity card to the Executive Director within 21 days.

The clause also creates an offence for a person who ceases to be a Fire Warden and does not return their identity card to the Executive Director within 21 days. The offence is punishable by up to 20 penalty units.

Division 7 Powers of Fire Control Officers and Fire Wardens

Clause 46 Power to issue permits

This clause provides the necessary powers for a Fire Control Officer or Fire Warden to issue a permit to light a fire within a fire protection zone, or within a fire danger area during a fire danger period, or to light a fire within a fire management area by deploying an aerial incendiary device.

This clause further defines the process for determining an application for a permit to light a fire, and the conditions upon which a permit to light a fire can be issued.

This clause specifies the process by which a refusal to issue a permit to light a fire can be appealed by the applicant, and the requirement for the Executive Director to assess such an appeal application.

Clause 47 Powers in relation to bushfires

This clause provides a Fire Control Officer or Fire Warden with the power to do anything necessary, or incidental to:

(1) Control a bushfire; or,


(2) Protect property, or the life of any person, from the existing or imminent danger arising out of a bushfire.

· enter any land or building and for that purpose to break open any lock, or cut any chain, on a door or gate; and


· pull down, cut or remove any fence or gate; and


· pull down, or destroy, any building or structure, wholly or partially; and


· close any road or public place to traffic and the movement of persons; and


· destroy living or dead vegetation; and


· establish, by using fire or otherwise, firebreaks, despite any other provision of this Act; and


· take and use water from any source, other than water


i) in a tank, dam or well connected to a dwelling, or


ii) used by a person as a supply of drinking water; and



· do any other act necessary for, or incidental to, the exercise of any of the powers mentioned in this section

This clause provides a Fire Control Officer the powers necessary to investigate a fire or the cause of a fire. The powers include:

· the right to enter land without warrant;


· power to require a person suspected of having committed an offence to identify themselves;


· power to require a person to extinguish a fire; and


· powers to search and seize whilst conducting an investigation.

This clause stipulates that a person commits an offence if the person contravenes the requirements of clause 48. Such an offence is punishable by up to 100 penalty units.

Clause 50 Obstruction

This clause stipulates a person commits an offence if they intentionally obstruct a Fire Control Officer, Fire Warden, or Authorised Bushfire Volunteer who is acting in their official capacity. Such an offence is punishable by up to 200 penalty points or imprisonment for 2 years.

Division 8 Authorised Bushfire Volunteers

Clause 51 Authorised Bushfire Volunteers

This clause enables the Executive Director to appoint a person over 16 years of age to be an Authorised Bushfire Volunteer for a specified period.

Clause 52 Identity card

This clause stipulates that the Executive Director must give an Authorised Bushfire Volunteer an identity card. The identity card must show a recent photograph of the Authorised Bushfire Volunteer, show the date of the cards issue and be signed by the volunteer.

Clause 53 Return of Identity card

This clause stipulates that a person who ceases to be an Authorised Bushfire Volunteer must return the identity card to the Executive Director within 21 days.

The clause also creates an offence for a person who ceases to be an Authorised Bushfire Volunteer and does not return their identity card to the Executive Director within 21 days. The offence is punishable by up to 20 penalty units.

Division 9 Volunteer Bushfire Brigades

Clause 54 Establishment of volunteer bushfire brigades

This clause specifies that the Minister may, by written notice in the Government Gazette, establish a Volunteer Bushfire Brigade for an area within a Fire Protection Zone. Such a written notice must include the area for which the brigade is established and the appointment of the first captain of the brigade.

Clause 55 Protection of employment rights of volunteer members

This clause establishes protection of employment rights for volunteer members. Volunteer Bushfire Brigade members will be protected from job dismissal, or loss of employment or leave entitlements resulting from being absent from work in order to respond to a bushfire in course of duty as a volunteer. The protection is provided when a volunteer is requested to respond to a bushfire by the Executive Director Bushfires NT.

Part 3 Fire zones and areas

Division 1 Fire Protection Zones

Clause 56 Declaration of Fire Protection Zones

This clause stipulates that the Minister may, by notice in the Government Gazette, declare any land to be a Fire Protection Zone.

Clause 57 Purpose of declaring Fire Protection Zone

This clause specifies the purpose of declaring a Fire Protection Zone. A Fire Protection Zone is declared to apply the controls mentioned in Part 4, Divisions 1 and 2 to land within the zone. These controls include, but are not limited to, establishing firebreaks, prohibiting the lighting of fires without a permit, limiting the use of welding, cutting and grinding equipment, and leaving a fire unattended.

Division 2 Fire Management Zones

Clause 58 Declaration of a Fire Management Zone

This clause stipulates that the Minister may, by notice in the Government Gazette, declare any land to be a Fire Management Zone.

Clause 59 Purpose of declaring a Fire Management Zone

This clause defines the purpose of declaring a Fire Management Zone. A Fire Management Zone is declared to:

· establish an area for which a Regional Bushfires Committee may be established;


· establish an area for which a Regional Bushfire Management Plan may be prepared.

Clause 60 Declaration of fire management area

This clause stipulates that the Executive Director may, by notice in the Government Gazette, declare any land to be a Fire Management Area for specified period.

Clause 61 Purpose of declaring fire management area

This clause specifies the purpose of declaring a Fire Management Area: A Fire Management Area is declared to:

· establish an area for which an area fire management plan must be prepared;


· establish an area within which the Executive Director may require the owners or occupiers of land to prepare a property fire management plan that details a variety of fire management requirements and controls; and


· apply the control mentioned in Part 4, Division 4.

Clause 62 Declaration of fire danger period

This clause stipulates that the Executive Director may, by public notice, declare a Fire Danger Period for part or whole of the Territory.

Clause 63 Fire Danger Area

This is technical clause that describes an area of land declared in accordance with clause 62 as a Fire Danger Area.

Clause 64 Purpose of declaring Fire Danger Area

This clause specifies the purpose of declaring a Fire Danger Area for a specified period. A Fire Danger Area is defined to establish an area within which certain activities with the potential to ignite fires are controlled. These controls include, but are not limited to, the lighting of fires, the use of welding, cutting and grinding equipment, disposal of burning or smouldering things, and prohibiting the leaving of a fire unattended.

Division 5 Fire Ban Areas

Clause 65 Declaration of Fire Ban Periods

This clause stipulates that the Executive Director may, by public notice, declare a period, not exceeding 24 hours, to be a Fire Ban Period for either part or whole of the Territory.

Clause 66 Fire Ban Area

This is technical clause that describes an area of land declared in accordance with clause 65 as a fire ban area.

Clause 67 Purpose of declaring a Fire Ban Area

This clause specifies the purpose of declaring a fire ban area for a period not exceeding 24 hours. A Fire Ban Area is declared to apply, for a limited period, controls described in Part 4 Division 5. These controls include prohibiting the lighting of fires and establishing the requirement to extinguish a fire, and the suspension of permits to light a fire.

Part 4 Controls on fire activities in zones and areas

Division 1 Controls in Fire Protection Zones

Clause 68 Requirement to establish firebreaks

This clause creates an offence if an owner or occupier of land within a Fire Protection Zone does not establish a firebreak around the perimeter of that land, or in position on that land approved by the Executive Director. Such an offence is punishable by up to 20 penalty units and up to 2 penalty units for each day the offence continues.

The clause also describes the physical dimensions and characteristics of prescribed firebreaks, and clarifies the requirement to obtain a permit if a firebreak is established by burning.

Clause 69 Prohibition etc. by notice

This clause stipulates that the Minister may, by public notice, prohibit or require the doing of an act in order to protect land within a Fire Protection Zone. The clause creates an offence if a person intentionally engages in conduct in contravention of that notice. Such an offence is punishable by up to 200 penalty units or 2 years imprisonment.

Clause 70 Property Management Plans

This clause stipulates that the Executive Director may, by written notice to the owner or occupier of land within a Fire Protection Zone, prepare and submit a Property Fire Management Plan for that land.

The Property Fire Management Plan must specify arrangements for the effective mitigation, management and suppression of fire on that land by the owner or occupier of that land.

If the owner or occupier fails to implement the arrangements detailed within a Property Fire Management Plan, the Executive Director may authorise a person to enter that land and undertake the specified works. In such circumstances the cost of that work would constitute a debt due and payable to the Territory.

Division 2 Controls in Fire Protection Zones and Fire Danger Areas

Clause 71 Application

This clause defines the areas of land to which the controls in this division apply, and that the Minister may, by public notice, declare that these controls do not apply to land that is specified with the notice.

Clause 72 Offence to light small fire near flammable material

This clause creates an offence if a person lights a fire within a Fire Protection Zone, during a Fire Danger Period, or is less than 4 metres away from other bush of flammable material. Such an offence is punishable by up to 100 penalty units, but a defence may exist if the defendant has a reasonable excuse.

Clause 73 Offence to light fires unless authorised by permit

This clause creates an offence if a person intentionally lights a fire within a Fire Protection Zone, during a Fire Danger Period, and is not authorised by permit to light the fire. Such an offence is punishable by up to 500 penalty units or imprisonment for 5 years.

Clause 74 Fires not to be left unattended

This clause creates an offence if a person intentionally lights a fire within a Fire Protection Zone, during a Fire Danger Period, and the person intentionally leaves the fire without extinguishing it. Such an offence is punishable by up to 500 penalty units or imprisonment for 5 years.

This clause further describes that defence to a prosecution may exist if the defendant, before leaving the fire, arranged for another person to maintain and not leave the fire.

Clause 75 Matter not to be thrown

This clause creates an offence if a person throws, from a vehicle or otherwise, a thing that is burning or smouldering within a Fire Protection Zone, during a Fire Danger Period, and is within 4 metres of any bush or flammable material. Such an offence is punishable by up to 100 penalty units.

Clause 76 Spark arresters

This clause creates an offence if a person starts an engine on land within a Fire Protection Zone, during a Fire Danger Period, and the engine is not fitted with an exhaust to prevent the escape of sparks, flames or burning material. Such an offence is punishable by up to 100 penalty units.

Clause 77 Grinding, welding or cutting equipment

This clause creates an offence if a person uses grinding, welding, or cutting equipment in an area likely to ignite bush in Fire Protection Zone and during a fire danger period. Such an offence is punishable by up to 100 penalty units.

Division 3 Controls in Fire Management Zones

Clause 78 Regional Bushfire Management Plan

This stipulates that the Executive Director may, by written notice, direct Bushfires NT in conjunction with the Regional Bushfires Committee prepare a Regional Bushfire Management Plan for a Fire Management Zone.

This clause further stipulates that such a Regional Bushfire Management Plan must be submitted to the Regional Bushfires Committee for endorsement. Following endorsement by the Regional Bushfires Committee, the Executive Director must give public notice of the plan.

Clause 79 Contents of a Regional Bushfire Management Plan

This clause specifies the contents of a Regional Bushfire Management Plan. A Regional Bushfire Management Plan must specify arrangements for bushfire mitigation, management and suppression on land within the Fire Management Zone to which it applies.

Clause 80 Prohibition etc. by notice

This clause stipulates that the Minister may, by public notice, prohibit or require the doing of an act in order to protect land within a Fire Management Zone. The clause creates an offence if a person intentionally engages in conduct in contravention of that notice. Such an offence is punishable by up to 200 penalty units or 2 years imprisonment.

Clause 81 Property Fire Management Plans

This clause stipulates that the Executive Director may, by written notice to the owner or occupier of land within a Fire Management Zone, require the owner to prepare and submit a Property Fire Management Plan for that land.

The Property Fire Management Plan must specify arrangements for the effective mitigation, management and suppression of fire on that land by the owner or occupier.

If the Executive Director does not consider a submitted plan to be adequate, or if no plan is submitted, the Executive Director may prepare a plan and provide it to the owner or occupier.

If the owner or occupier fails to implement the arrangements detailed within a Property Fire Management Plan, the Executive Director may authorise a person to enter that land to complete the arrangements or works. In such circumstances the cost of that work would constitute a debt due and be payable to the Territory.

Clause 82 Offence to conduct aerial burning without a permit

This clause creates an offence of lighting a fire using an aerial incendiary device on land within a Fire Management Zone without being authorised by a permit. The user of a permit must also comply with any conditions set out in the permit. The maximum penalty for infringement is 500 penalty units or imprisonment for 5 years.

Division 4 Controls in Fire Management Areas

Clause 83 Fire Management Area plans

This clause stipulates that Bushfires NT must prepare a Fire Management Plan for a Fire Management Area as soon as practicable after the declaration of that area. When complete, Bushfires NT must then publish notice of where the plan can be inspected in the Government Gazette.

Clause 84 Property Fire Management Plans

This clause stipulates that the Executive Director may, by public notice, require the owner or occupier of land within a Fire Management Area, prepare and submit a Property Fire Management Plan for that land by a specified date.

The Property Fire Management Plan must specify arrangements for the effective mitigation, management and suppression of fire on that land by the owner or occupier of that land.

If the Executive Director does not consider a submitted plan to be adequate, or if no plan is submitted, the Executive Director may prepare a plan and provide it to the owner or occupier.

If the owner of occupier fails to implement the arrangements detailed within a Property Fire Management Plan, the Executive Director may authorise a person to enter that land to complete the arrangements or works. In such circumstances the cost of that work would constitute a debt due and be payable to the Territory.

Clause 85 Prohibition etc. by notice

This clause stipulates that the Minister may, by public notice, prohibit or require the doing of an act in order to protect land within a Fire Management Area. The clause creates an offence if a person intentionally engages in conduct in contravention of that notice. Such an offence is punishable by up to 200 penalty units or 2 years imprisonment.

Division 5 Controls in Fire Ban Areas

Clause 86 Prohibition on fires in Fire Ban Areas

This clause creates an offence if a person intentionally lights a fire in a Fire Ban Area during a Fire Ban Day. Such an offence is punishable by up to 500 penalty units or imprisonment for 5 years.

This clause further stipulates that the offence does not apply if:

· The fire is lit for cooking or boiling water; and


· There is no bush or other flammable material within 4 metres of the fire; and


· The fire is not left unattended; and


· The fire is extinguished without delay on it ceasing to be used.

This clause establishes the requirement to extinguish fires before the commencement of a Fire Band Period. This clause creates an offence if a person fails, before the commencement of a Fire Ban Period, to extinguish the fire or notify a Fire Control Officer or Fire Warden. The offence is punishable by up to 100 penalty units, but a defence may exist if a defendant has a reasonable excuse.

Clause 88 Permits suspended

This clause stipulates that despite any other provision in this Act, a permit does not authorise the lighting of a fire in Fire Ban Area during a Fire Ban Period.

Part 5 Fire-fighting

Division 1 Chain of command

Clause 89 Chain of command in response to bushfire incidents

This clause establishes a chain of command in responding to a bushfire incident from the Chief Fire Control Officer through Senior Fire Control Officers, Fire Control Officers, Fire Wardens and Authorised Bushfires Volunteers. A person responding to a bushfire who is highest in the chain of command is not required to take command, but may do so. The clause enables powers described in Part 2, Division 7 to be delegated through a direction during a bushfire incident.

Division 2 Duty of persons to control fires

Clause 90 Duty of owner or occupier to control fires

This clause creates an offence if the owner or occupier of land does not take all reasonable steps to protect property on that land from fire, and prevent and inhibit fire spreading from that land. Additionally, this clause stipulates that the owner, if unable to control a fire on their land, must contact a Fire Control Officer or Fire Warden and the owner of the land to which the fire is likely stop spread, to notify them of that fact.

The offence is punishable by up to 500 penalty units or imprisonment for 5 years.

Clause 91 Duty of person who lights fire to control it

This clause creates an offence if a person who lights a fire on land and does not take all reasonable steps to protect property on that land from fire, and prevent and inhibit fire spreading from that land. Additionally, this clause stipulates that the person who lights the fire, if unable to control that fire, must contact a Fire Control Officer or Fire Warden and the owner of the land to which the fire is likely to spread, to notify them of that fact.

The offence is punishable by up to 500 penalty units or imprisonment for 5 years.

Division 3 Firebreaks and removal of flammable material

Clause 92 Establishment of firebreaks or removal of flammable material

This clause establishes the procedure for issuing a warning notice requiring the establishment of a firebreak or removal of flammable material. This requirement exists if the Executive Director considers it necessary.

This clause also stipulates that the Executive Director may serve a firebreak notice or flammable material notice on a person to whom a warning notice has been served without effect.

Clause 93 Contents of firebreak notices or flammable material notices

This clause specifies the content of a firebreak or flammable material notice. A firebreak notice must specify the method of establishing a firebreak, and a flammable material notice must specify the method of removal of that material. Both a firebreak notice and a flammable material notice must specify a time within which the action described in the notice is to be completed.

Clause 94 Review by Minister

This clause provides the person on whom a firebreak or flammable material notice has been served, to request the Minister to review the terms of that notice.

This clause further stipulates that the Minister may confirm, cancel, or vary the notice as the Minister considers appropriate, and notify the applicant in writing of the decision.

Clause 95 Offence to comply with notice

This clause creates an offence if the person on whom a notice has been served, fails to comply with that notice. The offence is punishable by up to 100 penalty units.

This clause further stipulates that a person authorised by the Executive Director may enter the land that is the subject of a notice and do anything necessary to comply with the notice. In such cases the cost of this work will be a debt due to the Territory.

Clause 96 Contribution for firebreaks

This clause provides that a person, who incurs a debt in complying with a notice and is not the owner of that land, may recover the amount of expenditure from the owner of that land as a due debt.

Additionally, this clause provides a person who is a joint owner of land that incurs a notice, may recover the amount of expenditure from the other owner(s) of that land as a due debt.

Part 6 Miscellaneous matters

Clause 97 Entry on Aboriginal land

This clause provides a person who is carrying out a function, duty or power under this Act, the ability to enter Aboriginal land.

Clause 98 Territory may recover expenses

This clause provides that the Territory may recover from a person any expenditure incurred by the Territory as a result a person’s contravention of a provision within the Act.

Clause 99 Protection from liability

This clause stipulates that a person as a member of the Council or a Regional Bushfires Committee, a Fire Control Officer, Fire Warden, or Authorised Bushfires Volunteer are not civilly or criminally liable for an act done in good faith while performing a function described in the Act.

Clause 100 Damage

This clause stipulates a person who causes damage whilst exercising, in good faith, a power conferred on them under this Act is not civilly or criminally liable for any damage caused.

Clause 101 Confidentiality of information

This clause creates an offence if a member of the Bushfires Council or a Regional Bushfires Committee discloses confidential information. The offence is punishable by up to 200 penalty points or 2 years imprisonment.

Clause 102 Misleading information

This clause creates an offence if a person intentionally gives misleading information to a Fire Control Officer or Fire Warden. The offence is punishable by up to 40 penalty units or 2 years imprisonment.

Clause 103 Evidence in proceedings

This clause stipulates that a certificate signed by the Executive Director and providing details of a declared period, a declared zone or area, or the appointment of a person to a position, can be used as evidence of those details in proceedings for an offence against this Act.

Clause 104 Service of notices

This clause details the various methods that must be used to serve a notice on a person.

Clause 105 Approved forms

This clause stipulates that the Executive Director can approve forms for this Act.

Clause 106 Regulations

This is a technical clause that specifies the Administrator may make regulations under this Act.

Part 7 Repeals and transitional provisions

Division 1 Acts repealed

Clause 107 Acts repealed

This clause repeals previous Bushfires Amendment Acts.

Division 2 Transitional matters for the Bushfires Management Act 2016

Clause 108 Definitions

This is a technical clause that defines the commencement day as the day on which the Acts in clause 106 are repealed. This also defines the term; repealed Act as meaning the Bushfires Act.

Clause 109 Continuation of certain things and offices

This clause continues:

· appointments of Chief Fire Control Officer, Senior Fire Control Officer and Fire Control Officer;


· a permit in force immediately prior to the commencement of this Act;


· a volunteer bushfire brigade in existence prior to the commencement of this Act;


· a Fire Protection Zone in place prior to the commencement of this Act; and


· a Fire Control region in place prior to the commencement of this Act continue with the new title Fire Management Zone.

This clause continues the Bushfires (Volunteer Bushfire Brigade) Regulations; these regulations provide the model constitution that must be adopted by volunteer bushfire brigades.

Clause 111 Transitional regulations

This clause provides for the transition of regulations associated with this Act.

Part 8 Amendments

Division 1 Amendment of the Bushfires (Volunteer Bushfire Brigades) Regulations

Clause 112 Regulations amended

Describes the purpose of Part 7, that being to amend the existing regulations that spell out the volunteer brigade model constitution.

Clause 113 Regulation 1 amended

This is a technical clause renaming the regulations to align with the new title of this Act.

Clauses 114 to 116

These are technical clauses correcting references within the regulations to new clause numbers in the Act.

Clause 117 Part 2A inserted

This clause amends the brigade model constitution to allow the Executive Director to reallocate Government funded firefighting assets from one brigade to another.

Clause 118 Regulation 6 amended

This is a technical clause dealing with references to a Fire Control Region which has been re-named as a Fire Management Zone in the new Act.

Clause 119 Schedule amended

This clause includes a series of amendments to the Schedule to the Bushfires (Volunteer Bushfire Brigade) Regulations. The Schedule provides a model constitution for volunteer brigades.

(1) Schedule, clause 3

This clause replaces that part of the brigade model constitution dealing with the objects of a brigade with a new part that more clearly states the objects and includes an object allowing brigades to conduct non-fire related activities that benefit the community.

(2) Schedule, clause 4

This clause omits the definition of ‘chairperson’; it is no longer required as the person presiding at a meeting is now defined elsewhere.

(3) & (4) Schedule, clauses 8(2) and 8(3)

These are technical clauses that correct references to the titles of the new Act and new Regulations.

(5) Schedule, clause 23(f)

This clause amends the volunteer bushfire brigade model constitution to allow a brigade to increase the number of members of its management committee.

(6), (7), & (8) Schedule, clauses 29(1), 29(3) and 30(3)

These clauses substitute the phrase ‘person presiding’ for the term ‘chairperson’.

(9) Schedule, clauses 34 (1) and (2)

This clause updates references in the regulations by inserting the title of the new Act.

(10) Schedule, Clause 35

This clause omits the current arrangements for chairing committee meetings and is replaced by clause 39A

(11) Schedule, after clause 39

This clause adds a clause to the Schedule that requires a brigade management committee to elect a member to preside at a committee meeting if the Captain is absent, or if the Captain is present and chooses not to preside.

(12) Schedule, after clause 44

This clause adds a clause to the schedule that requires a brigade management committee to appoint a person to preside at a general meeting.

(13),(14) & (15) Schedule, clauses 51(3), 52(3) and 52(4)

These clauses conform to the changes described above by substituting the phrase ‘person presiding’ for the term ‘chairperson’.

Division 2 Other laws amended

Clause 120 Laws amended

This clause amends the Acts listed in Schedule 2 of this Act.

Clause 121 Expiry of Part

This clause expires Part 7 of the Act on the day after it commences.

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