17-09 Bushfires Act

Bush Fires Act 1954 - Firebreak Notice 2017/2018

17-09 Bushfires Act

Notice to all owners and/or occupiers of land situated in the City of Kalgoorlie-Boulder

As a measure to assist in the control of bush fires, and to prevent the spread or extension of a bush fire which may occur, all owners and/or occupiers of land within the City of Kalgoorlie-Boulder district are required before the 1st day in October each year, or within 14 days of becoming the owner or occupier of land if after that date, to clear firebreaks or take measures in accordance with this notice and maintain those firebreaks and measures up to and including the 31st day of May in the following year.
 

Interpretation

Act” means the Bush Fires Act 1954;
Authorised Person” means a person authorised in accordance with S.9.10 of the Local Government Act 1995 by the City of Kalgoorlie-Boulder.
City” means the City of Kalgoorlie-Boulder.
Flammable Matter” includes all form of vegetation both living and dead, and any other flammable materials and combustible matter;
Firebreak” means ground which is cleared to a mineral earth standard in which all flammable material (which includes vegetation and with all overhanging branches, trees, limbs, etc to be trimmed back clear of the Firebreak area) has been removed and on which no flammable material (which includes vegetation) is permitted during the Firebreak period and the Firebreak must be the required width.
Firebreak Period” means the time from 1 October in any year until 31 May in the year following;
Trafficable” means able to be driven around, unhindered, in a standard four-wheel drive vehicle.
 

General Requirements

All owners and/or occupiers of land within the district of the City of Kalgoorlie-Boulder must clear all flammable matter from the land in accordance with the following requirements--
Land which is 5,000m2 and under in area, shall--
Be required to follow the general fire hazard reduction measures as stated in this notice.
Land which is 5,001m2 and above in area, shall--
Have a trafficable firebreak three (3) metres in width cleared immediately inside all external boundaries of the land to mineral earth or to the satisfaction of an authorised person.
 

General Fire Hazard Reduction Measures

All owners/occupiers are required to reduce fire hazards on their property as far as reasonably practicable over the entire area of land. This can be achieved by clearing all “flammable matter” to a height of no more than 50mm, or to the satisfaction of an authorised person and all clearing must be done in accordance with the Act. Fire Hazard Reduction Orders will be issued where owners/occupiers have failed to reduce fire hazards on their property to a satisfactory state in the opinion of an authorised person.
 

Amendments to the above requirements

If an owner or occupier of land within the district of the City of Kalgoorlie-Boulder is unable to comply with the requirements of this notice, that owner or occupier may request in writing to the City, to undertake alternative measures to enable compliance with this notice in the opinion of an authorised person.
 

The following are the Burning Periods for Kalgoorlie-Boulder District

Firebreaks/Reduction Measures must be installed by -1 October and remain until 31 May in the following year.
(Prohibited Period) All Burning is prohibited between--1 November to 31 March in the following year.
(Restricted Period) Permits are required between--1 April to 30 April and 1 October to 31 October each year.
(No permit required Period) Burning off does not require a permit however restrictions still apply--1 May to 30 September each year.
The following restrictions apply at all times throughout the year--
No burning off on Sunday or Public Holidays.
No burning off of garden waste, refuse or offensive materials at any time.
No Burning off contrary to the provisions of the City's Health Local Law.
Authorised burning off will only be undertaken between the hours of 6:00 pm and 11:00 pm.
All neighbouring property occupiers must be informed of the burning off before commencement.
An Authorised Person must be informed of the burning off before commencement.
Local Fire Station Officers must be informed of the burning off before commencement.
 

Compliance

(1) In addition to the requirements of this notice, further works which are considered necessary by an authorised person may be required as specified in writing in a subsequent notice addressed to the land owner as recorded by the City.
(2) Where the owner or occupier of the land fails or neglects to comply with the requirements of this notice or a subsequent notice addressed to the land owner, an authorised person may enter onto and upon the land with any workmen, contractors, vehicles and machinery as required to carry out the requisitions of the notice at the expense of the land owner. Where the City is required to act in default, the land will be cleared in accordance with this notice or at the discretion of an authorised person.
(3) Failure to comply with this notice and subsequent written notices may result in penalties being issued or court action and the liability for any costs incurred by the City in relation to works undertaken on behalf of the land owner.

JOHN WALKER 
Chief Executive Officer
28 August 2017