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This is a Bill, not an Act. For current law, see the Acts databases.
Rural Fires Amendment Bill 2010
No , 2010
A Bill for
An Act to amend the Rural Fires Act 1997 to provide for the designation of
neighbourhood safer places; and for other purposes.
Clause 1 Rural Fires Amendment Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Rural Fires Amendment Act 2010. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Rural Fires Amendment Bill 2010
Amendment of Rural Fires Act 1997 No 65 Schedule 1
Schedule 1 Amendment of Rural Fires Act 1997 1
No 65 2
[1] Section 9 Functions of Service 3
Insert after section 9 (1) (a): 4
(a1) to issue public warnings about bush fires and bush fire 5
threats in the State for the purpose of protecting life and 6
property, 7
[2] Section 47 Membership and procedure of Bush Fire Co-ordinating 8
Committee 9
Omit "13" from section 47 (1). Insert instead "14". 10
[3] Section 47 (1) (c) 11
Omit the paragraph. Insert instead: 12
(c) two members of staff of the Department of Industry and 13
Investment nominated by the Director-General of that 14
Department, at least one of whom is a member of staff of 15
the Minerals and Energy Division--Energy Sector of that 16
Department, 17
[4] Section 54 Content of draft bush fire risk management plan 18
Insert after section 54 (2): 19
(3) The Bush Fire Management Committee must, when preparing a 20
draft bush fire risk management plan for a rural fire district or 21
other part of the State, consider the number and location of 22
neighbourhood safer places in the rural fire district or other part 23
of the State. 24
[5] Part 3A 25
Insert after section 62A: 26
Part 3A Neighbourhood safer places 27
62B Definitions 28
In this Part: 29
place means land or building. 30
62C Designation of neighbourhood safer places 31
(1) The Commissioner may, by notice in writing to the owner or 32
occupier of a place, designate a place as a place that may be 33
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Rural Fires Amendment Bill 2010
Schedule 1 Amendment of Rural Fires Act 1997 No 65
suitable for people to shelter from a bush fire (a neighbourhood 1
safer place). 2
(2) A place (other than a place owned or occupied by a public 3
authority) must not be designated as a neighbourhood safer place 4
unless: 5
(a) the owner of the place has consented, in writing, to the 6
designation, and 7
(b) if the occupier of the place is not the owner, the occupier 8
of the place has consented, in writing, to the designation. 9
62D Commissioner to inspect neighbourhood safer places 10
(1) The Commissioner must conduct annual inspections of each 11
neighbourhood safer place and determine whether the place 12
remains suitable for designation as a neighbourhood safer place. 13
(2) For the purposes of conducting such an inspection, the 14
Commissioner may enter during the daytime any part of the place 15
(other than a dwelling-house) that it is necessary to inspect in 16
order to make that determination. 17
(3) If the Commissioner finds that a bush fire hazard exists on a 18
neighbourhood safer place (other than a place owned or occupied 19
by a public authority) or land (other than land owned or occupied 20
by a public authority) adjoining a neighbourhood safer place, the 21
Commissioner may: 22
(a) direct a hazard management officer to serve a notice under 23
section 66 on the owner or occupier of the place or 24
adjoining land if no bush fire hazard reduction notice has 25
been served on the owner or occupier of the place or land, 26
or 27
(b) subject to sections 67 and 68, exercise his or her powers 28
under section 70 in respect of the place or land if a bush fire 29
hazard reduction notice has been served on the owner or 30
occupier of the place or land. 31
(4) If the Commissioner finds that a bush fire hazard exists on a 32
neighbourhood safer place owned or occupied by a public 33
authority or land owned or occupied by a public authority 34
adjoining a neighbourhood safer place, the Commissioner may, 35
by notice in writing served on the public authority, require it to 36
carry out such bush fire hazard reduction work as is specified by 37
the Commissioner. 38
(5) If the public authority fails to carry out the specified work within 39
a reasonable time after service of the notice, the Commissioner 40
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Rural Fires Amendment Bill 2010
Amendment of Rural Fires Act 1997 No 65 Schedule 1
may carry out bush fire hazard reduction work on the land under 1
section 73. 2
62E Removal of designation as neighbourhood safer places 3
(1) The Commissioner may, by notice in writing to the owner and 4
occupier of a place, remove the designation of a place as a 5
neighbourhood safer place, but only if: 6
(a) the Commissioner is satisfied that the land is no longer 7
required as a neighbourhood safer place, or 8
(b) in the case of a place other than a place owned or occupied 9
by a public authority--the owner or occupier of the place 10
applies, in writing, to the Commissioner to have the 11
designation removed. 12
(2) If the owner or occupier of a neighbourhood safer place applies 13
to have the designation removed, the Commissioner is to remove 14
the designation no later than 12 months after receiving the 15
application. 16
(3) A place ceases to be a neighbourhood safer place when: 17
(a) the designation is removed by the Commissioner, or 18
(b) the owner or occupier who consented to the place being a 19
neighbourhood safer place ceases to be the owner or 20
occupier of the place. 21
62F Register of neighbourhood safer places 22
(1) The Commissioner is to keep a register of all neighbourhood 23
safer places. 24
(2) A copy of the register is to be published on the NSW Rural Fire 25
Service website. 26
62G Neighbourhood safer places may be signposted 27
(1) The Commissioner may cause a signpost to be erected on a 28
neighbourhood safer place for the purpose of identifying the 29
place as a neighbourhood safer place. 30
(2) A person must not, without reasonable excuse, damage, remove 31
or interfere with a signpost referred to in subsection (1) that is 32
located on a neighbourhood safer place. 33
Maximum penalty: 10 penalty units. 34
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Rural Fires Amendment Bill 2010
Schedule 1 Amendment of Rural Fires Act 1997 No 65
62H Protection from personal liability for owners of neighbourhood 1
safer places 2
(1) The owner or occupier of a neighbourhood safer place is not 3
liable for the death of, or injury to, any person arising from the 4
use of the neighbourhood safer place as a shelter from a bush fire. 5
(2) Any liability for the death of, or injury to, a person arising from 6
the use of a neighbourhood safer place as a shelter from a bush 7
fire that would, but for subsection (1), attach to the owner or 8
occupier of land attaches instead to the Crown. 9
[6] Section 100C Carrying out of bush fire hazard reduction work 10
Insert after section 100C (5): 11
(6) Bush fire hazard reduction work carried out in accordance with a 12
bush fire hazard reduction notice on a neighbourhood safer place 13
or land adjacent to a neighbourhood safer place is deemed to be 14
emergency bush fire hazard reduction work for the purposes of 15
this section. 16
[7] Dictionary 17
Insert in alphabetical order: 18
neighbourhood safer place means land or a building designated 19
as a neighbourhood safer place under section 62C. 20
Page 6
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