Firebreaks due 31 October 2022!

Published on Friday, 28 October 2022 at 11:52:09 AM

Pursuant to the powers contained in section 33 of the Bush Fires Act 1954, you are hereby required on or before 31 October 2022, to plough, scarify, cultivate, spray or otherwise clear and thereafter maintain free of all inflammable material until 15 April 2023 mineral earth Firebreaks in the following dimensions, on the land owned or occupied by you.

1. RURAL LAND 1.1 Mineral earth firebreaks of not less than 2.44 metres (8 feet) in width must be constructed along and within 20 metres of all external boundaries of the property owned or occupied by you. If any portion of the land adjoins a public road or railway line, a firebreak must also be constructed along that boundary.

1.2 Property in excess of 250 hectares shall have fire mineral earth firebreaks positioned as necessary to divide land into areas not exceeding 250 hectares each completely surrounded by a mineral earth firebreak.

1.3 Clear and maintain mineral earth firebreaks at least 2.44 metres (8 feet) wide within 20 metres of the perimeter of any building or group of buildings, fuel tanks, hayshed or haystack, in such a manner as to fully encircle the structure/s. In addition to mineral earth Firebreaks, a 20 metre wide low fuel zone is required to be maintained around any building or group of buildings, fuel tanks, hayshed or haystack. Low fuel means the removal of inflammable material, dead trees, leaf litter and trash and the removal of dead branches to a height of 1.5 metres from live standing trees. Grass is to be slashed to a height not exceeding 100mm.

1.4 During any period when harvesting operations are being conducted, there shall be provided an operational mobile firefighting unit with a minimum capacity of 500 litres of water located in or immediately adjacent to the paddock being harvested. The responsibility to supply the unit is that of the landowner/occupier.

2. TOWN SITES 2.1 Where the area of the land is 0.2 hectares (one half of one acre) or less, you shall clear all inflammable material on the land from the whole of the land.

2.2 Where the area of the land exceeds 0.2 hectares (one half of one acre), you shall clear of all inflammable material, mineral earth Firebreaks not less than 2.44 metres (8 feet) wide immediately inside all external boundaries of the land, and also immediately surrounding all buildings, haystacks and fuel ramps situated on the land, and also immediately surrounding any drums or drums situated on the land which are normally used for the storage of fuel, whether they contain fuel or not.

3. GENERAL PROVISIONS The term “inflammable Material” or the purpose of this notice includes bush (as defined in the Bush Fires Act 1954), timber, boxes, cartons, paper, and the like inflammable materials, rubbish and any combustible matter, but does not include buildings, green standing trees and bushes or growing bushes or plants in gardens or lawns.

If it is considered to be impractical for any reason to provide mineral earth firebreaks in the position or adhere to the provisions required by this notice, the written approval of Council or a duly authorised officer must be obtained to prepare such mineral earth firebreaks in an alternative position. If permission is not granted by Council or a duly authorised officer you shall comply with the requirements of this order.

“Mineral earth firebreak” means an area of the owner(s)/occupiers(s) land, cleared and maintained totally clear of all vegetation material (living or dead) so there is only mineral earth left.

The term “harvesting/Total Movement Ban” includes harvesting and the movement of vehicles in paddocks, except vehicles carrying water to stock.

Contractors carting lime, gypsum or fertilizer are allowed to enter into paddocks to unload at any time that there is a “Harvest/Total Movement Ban” in place on the condition that a manned fire unit with at least 500 litres of water is in attendance.

The penalty for failing to comply with this Order is a fine of not more than five thousand dollars ($5000) and a person in default is also liable, whether prosecuted or not, to pay the cost of performing the work directed by this notice, if it is not carried out by the owner or occupier by the date required by this notice.

 Section 28 of the Bush Fires Act 1954 provides that where a bush fire is burning during prohibited or restricted times, the occupier of the land shall forthwith, whether he or she has lit or caused such fire to be lit or not, take all possible steps to extinguish the fire.  Where owners or occupiers fail to extinguish the fire a Bush Fire Control Officer may take all proper measures to extinguish such fire and the expenses of that action are recoverable from owners and occupiers.

 PENALTIES

 Penalties apply for failure to comply with these regulations.

 All properties will be inspected from 31 October 2022 to ensure they comply with these requirements. Failure to comply will result in an infringement being issued.

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