New South Wales Repealed Acts

This legislation has been repealed.

RURAL FIRES AND ENVIRONMENTAL ASSESSMENT LEGISLATION AMENDMENT ACT 2002 - SCHEDULE 4

SCHEDULE 4 – Other amendments to Rural Fires Act 1997

(Section 4)

[1] Section 22 General powers of rural fire brigade officers and others

Omit “persons or property” from section 22 (1).
Insert instead “persons, property or the environment”.

[2] Section 28 Damage to property and the environment

Insert “and any remedial work necessary to rectify damage to the environment” after “good faith” in section 28 (1).

[3] Section 69 Duties of local authority

Omit “The fire control officer for a local authority” from section 69 (1).
Insert instead “A fire control officer”.

[4] Section 69 (1)

Omit “by the local”. Insert instead “by a local”.

[5] Section 82

Omit the section. Insert instead:

82 Local bush fire danger period

(1) The Commissioner may, by notice published in a newspaper circulating generally in a local government area:

(a) declare that there is no bush fire danger period in the area or part of the area, or

(b) specify a different period to that set out in section 81 as the bush fire danger period for the area or part of the area.

(2) A declaration may be made on the Commissioner’s own initiative or on the recommendation of a Bush Fire Management Committee for the area.

(3) As soon as practicable after publishing a notice under subsection (1), the Commissioner is to publish a copy of the notice in the Gazette.

(4) Despite section 81, if a declaration is made in accordance with this section specifying a different bush fire danger period in relation to any area or part of an area, the bush fire danger period in that area or part is the period specified in the declaration.

(5) A declaration remains in force:

(a) until it is revoked, or

(b) for such period as is specified in the declaration (unless it is sooner revoked).

[6] Section 83

Omit the section. Insert instead:

83 Consultation required before local bush fire danger period declaration made

(1) The Commissioner must, before making a declaration under section 82 that is to have effect only for the bush fire danger period occurring when the declaration is made, consult with and take into account any recommendations made:

(a) by the local authority for any area to which the declaration relates, and

(b) by any fire fighting authority exercising functions in the rural fire district or fire district constituted for the area.

(2) The Commissioner must, before making a declaration under section 82 on the Commissioner’s own initiative that is to have effect for a period or periods subsequent to the bush fire danger period occurring when the declaration is made, consult with and take into account any recommendations made by the Bush Fire Management Committee for the area.

[7] Section 84

Omit the section.

[8] Section 85 Definitions

Omit paragraph (a) and the note to the paragraph from the definition of "appropriate authority".
Insert instead:

(a) in the case of land in a rural fire district—the Commissioner of the NSW Rural Fire Service,

[9] Section 85, definition of “appropriate authority”

Omit paragraphs (b) and (d).

[10] Section 86 Notice required before certain fires lit

Insert after section 86 (2):

Note: An authorised officer is not required to obtain various other approvals or authorities if carrying out an emergency fire fighting act—see Part 6A.

[11] Section 87 Lighting fires for land clearance or fire breaks in bush fire danger period

Insert after section 87 (2):

Note: An authorised officer is not required to obtain various other approvals or authorities if carrying out an emergency fire fighting act—see Part 6A.

[12] Section 88 Lighting fires that are dangerous to buildings in fire districts and rural fire districts

Omit “local government area that is in a fire district” from section 88 (1).
Insert instead “fire district or rural fire district”.

[13] Section 88 (1) (a)

Omit “an officer of New South Wales Fire Brigades”.
Insert instead “the appropriate authority”.

[14] Section 88 (2)

Omit “local government area that is in a fire district” from section 88 (2).
Insert instead “fire district or rural fire district”.

[15] Section 88 (2), note

Insert after section 88 (2):

Note: An authorised officer is not required to obtain various other approvals or authorities if carrying out an emergency fire fighting act—see Part 6A.

[16] Section 93 Refusal to issue fire permit

Omit “if the appropriate authority is a local authority—the local authority” from section 93 (b).
Insert instead “the appropriate authority”.

[17] Section 94 Notice to be given of issue of fire permit

Omit section 94 (1).

[18] Section 95 Permit not required for fires lit by public authorities

Omit “a local” from section 95 (2) (a). Insert instead “an”.

[19] Section 96 Appropriate authorities not determining authorities

Omit section 96 (2).

[20] Section 97 Reporting requirements

Omit section 97 (1). Insert instead:

(1) Within 2 months (or such other period as the Bush Fire Co-ordinating Committee specifies) after the end of the financial year, the Commissioner must report to the Bush Fire Co-ordinating Committee with respect to fire permits issued by appropriate authorities during the year.

[21] Section 97 (2) (a)

Omit the paragraph. Insert instead:

(a) details of the circumstances surrounding the lighting of any bush fires in the area of an appropriate authority that appear to have been caused by the lighting of a fire authorised by a fire permit issued by the appropriate authority, and

[22] Part 6A

Insert after section 124:

Part 6A - Application of other legislation

Division 1 - Application of other legislation to emergency fire fighting acts

124A Application of Environmental Planning and Assessment Act 1979

(1) An environmental planning instrument made under the Environmental Planning and Assessment Act 1979 cannot prohibit, require development consent for or otherwise restrict the doing of any emergency fire fighting act.

(2) Part 5 of the Environmental Planning and Assessment Act 1979 does not apply to or in respect of any emergency fire fighting act.

(3) An order under Division 2A or 3 of Part 6 of the Environmental Planning and Assessment Act 1979 does not have effect to the extent that it prevents or interferes with the doing of any emergency fire fighting act.

(4) Subsection (1) applies to an environmental planning instrument made before or after the commencement of this section.

124B Application of National Parks and Wildlife Act 1974 and Threatened Species Conservation Act 1995

(1) Part 6A (Stop work orders and interim protection orders) of the National Parks and Wildlife Act 1974 does not apply to or in respect of the doing of an emergency fire fighting act.

(2) A person does not harm fauna for the purposes of section 45, 70, 98, 99 or 100 of the National Parks and Wildlife Act 1974 if the harm is caused by the doing of any emergency fire fighting act by the person.

(3) Division 1 of Part 7 (Stop work orders) of the Threatened Species Conservation Act 1995 does not apply to or in respect of the doing of any emergency fire fighting act.

124C Application of Local Government Act orders An order under section 124 of the Local Government Act 1993 does not have effect to the extent that it prevents or interferes with the doing of any emergency fire fighting act.

[23] Schedule 3 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Rural Fires and Environmental Assessment Legislation Amendment Act 2002 , to the extent that it amends this Act

[24] Schedule 3

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

Fire permits A fire permit issued by the council of a local government area and in force immediately before the commencement of the amendments made to section 88 by the Rural Fires and Environmental Assessment Legislation Amendment Act 2002 is taken to be a fire permit issued by the Commissioner.

[25] Dictionary

Omit “persons or property” from the definition of "back burning".
Insert instead “persons, property or the environment”.

[26] Dictionary

Insert in alphabetical order:

"emergency bush fire hazard reduction work" means bush fire hazard reduction work carried out to protect persons, property or the environment from an existing or imminent danger arising out of a fire.
"emergency fire fighting act" means anything (other than emergency bush fire hazard reduction work) done or authorised to be done by a fire fighting authority, during the course of bush fire fighting operations, by or under this or any other Act.