RURAL FIRES ACT 1997 - SECT 66 Bush fire hazard reduction notices

RURAL FIRES ACT 1997 - SECT 66

66 Bush fire hazard reduction notices

(1) A hazard management officer may, by notice in writing, require the owner or occupier of land to carry out bush fire hazard reduction work specified in the notice on the land.

(2) A hazard management officer must serve a notice under this section if required to do so by a bush fire risk management plan applicable to the land that is in force.

(3) A hazard management officer must issue a bush fire hazard reduction certificate in respect of any bush fire hazard reduction work required by a notice issued in accordance with subsection (2) unless the work required by the notice--

(a) is otherwise authorised to be carried out, or

(b) is not required to be authorised to be carried out under this or any other Act.

(4) A notice under this section may specify--

(a) the circumstances in which, conditions under which, places at which and manner and time within which the bush fire hazard reduction work is to be carried out, and

(b) any means by which the bush fire hazard reduction work is to be carried out and alternative means other than fire by which the work should, if practicable, be carried out.

(5) The time within which bush fire hazard reduction work is to be carried out must not be less than 7 days after the notice is given.

(6) The requirements and conditions so specified must include any requirements specified in a bush fire risk management plan that is applicable to the land and is in force and may include a requirement or condition that the burning of fire breaks or of combustible matter or other material--

(a) must, in a fire district constituted under the Fire and Rescue NSW Act 1989 , be carried out by or under the supervision of the fire brigade in the district or the officer or fire fighter in charge of the fire brigade, or

(b) must, outside a fire district, be carried out by or under the supervision of the rural fire brigade specified in the notice or an appropriate officer of the rural fire brigade or any hazard management officer.

(7) A notice requiring the establishment of a fire break cannot require an occupier or owner to kill or remove any trees that are reasonably necessary--

(a) for shade, shelter, windbreak or fodder purposes, or

(b) for the protection of threatened species, populations, ecological communities or critical habitats within the meaning of the Threatened Species Conservation Act 1995 .

Note : See section 54 (2) for other possible limitations.

(8) An occupier or owner to whom a bush fire hazard reduction notice is given must, despite the fact that a fire permit has not been granted under Division 5, comply with the requirements specified in the notice.

: Maximum penalty--

(a) for a corporation or public authority--100 penalty units, or

(b) for an individual--50 penalty units or imprisonment for 12 months.

(9) A notice under this section that is the subject of an objection or appeal under section 67 or 68 does not have effect until the objection or appeal is finally determined.

(10) This section does not apply in relation to bush fire hazard reduction work that--

(a) the Commissioner has determined is to be carried out in accordance with section 73 (1) (d), or

(b) comprises the establishment or maintenance of a fire trail.