New South Wales Repealed Acts

This legislation has been repealed.

RURAL FIRES AND ENVIRONMENTAL ASSESSMENT LEGISLATION AMENDMENT ACT 2002 - SCHEDULE 1

SCHEDULE 1 – Amendment of Environmental Planning and Assessment Act 1979

(Section 3)

[1] Section 4 Definitions

Insert in alphabetical order in section 4 (1):

"bush fire prone land", in relation to an area, means land recorded for the time being as bush fire prone land on a bush fire prone land map for the area.
"bush fire prone land map" for an area means a map for the area certified as referred to in section 146 (2).

[2] Section 79BA

Insert after section 79B:

79BA Consultation and development consent—certain bush fire prone land

(1) Development consent cannot be granted for the carrying out of development for any purpose (other than a subdivision of land that could lawfully be used for residential or rural residential purposes or development for a special fire protection purpose) on bush fire prone land unless the consent authority:

(a) is satisfied that the development conforms to the specifications and requirements of Planning for Bushfire Protection 2001 produced by the NSW Rural Fire Service (or, if another document is prescribed by the regulations for the purposes of this paragraph, that document), that are relevant to the development, or

(b) the consent authority has consulted with the Commissioner of the NSW Rural Fire Service concerning measures to be taken with respect to the development to protect persons, property and the environment from danger that may arise from a bush fire.

(2) In this section:
"special fire protection purpose" has the same meaning as it has in section 100B of the Rural Fires Act 1997 .

[3] Section 91 What is “integrated development”?

Insert in appropriate order in the Table to section 91 (1):

Rural Fires Act 1997

s 100B

authorisation under section 100B in respect of bush fire safety of subdivision of land that could lawfully be used for residential or rural residential purposes or development of land for special fire protection purposes

[4] Section 146

Insert after the heading to Part 8:

146 Bush fire prone land

(1) If a bush fire risk management plan applies to land within the area of a council, the council must, within 12 months after the commencement of this section (and before the end of the period of every 5 years after the commencement):

(a) request the Commissioner of the NSW Rural Fire Service to designate land (if any) within the area that the Commissioner considers, having regard to the bush fire risk management plan, to be bush fire prone land, and

(b) must record any land so designated on a map.

(2) The Commissioner of the NSW Rural Fire Service must, if satisfied that the land designated by the Commissioner has been recorded by the council on a map, certify the map as a bush fire prone land map for the area of the council.

(3) Land recorded for the time being as bush fire prone land on a bush fire prone land map for an area is bush fire prone land for the area for the purposes of this or any other Act.

(4) The bush fire prone land map for an area is to be available for public inspection during normal office hours for the council.

(5) In this section:
"bush fire risk management plan" has the same meaning as it has in the Rural Fires Act 1997 .

Note: Division 8 of Part 4 of the Rural Fires Act 1997 contains provisions relating to the carrying out of development and bush fire hazard reduction work on bush fire prone land.

[5] Schedule 6 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Rural Fires and Environmental Assessment Legislation Amendment Act 2002

[6] Schedule 6

Insert the following Part (appropriately numbered) at the end of the Schedule:

Part - Rural Fires and Environmental Assessment Legislation Amendment Act 2002

Bush fire prone land

(1) The following land within the area of a council is taken to be bush fire prone land for the area of the council until a bush fire prone land map for the area has been certified by the Commissioner of the NSW Rural Fire Service under section 146:

(a) land that is within, or within 100 metres of, a high or medium bush fire hazard that is identified on a hazard map prepared for the purposes of a bush fire risk management plan applying to the land, and

(b) land within, or within 30 metres of, a low bush fire hazard that is identified on a hazard map prepared for the purposes of a bush fire risk management plan applying to the land.

(2) In this clause:
"bush fire risk management plan" has the same meaning as it has in the Rural Fires Act 1997 .