Rural Fires Act Flashcards
Section 81 of the Rural Fires Act (1997) relates to the Bushfire Danger Period. State when this period is invoked and to what part of the State.
81 General bush fire danger period
For the purposes of this Act, the “bush fire danger period” in respect of land in the State is, except as provided by section 82, the period commencing on 1 October and ending on 31 March in the following year.
The Rural Fires Act (1997) Section 44 relates to the ‘Commissioners responsibility’. State the provisions contained in this section.
44 Commissioner’s responsibility
(1) The Commissioner is to take charge of bush fire fighting operations and bush fire prevention measures and to take such measures as the Commissioner considers necessary to control or suppress any bush fire in any part of the State if, in the opinion of the Commissioner:
(a) a bush fire has assumed or is likely to assume such proportions as to be incapable of control or suppression by the fire fighting authority or authorities in whose area or locality it is burning, or
(b) the prevailing conditions are conducive to the outbreak of a bush fire likely to assume such proportions, or
(c) a bush fire is not being effectively controlled or suppressed by the fire fighting authority or authorities in whose area or locality it is burning, or
(d) a bush fire is burning in a place that is not the responsibility of any fire fighting authority.
(2) The Commissioner may delegate the Commissioner’s functions under this Division (other than this power of delegation) to an officer or member of a rural fire brigade, an officer or member of New South Wales Fire Brigades, a member of staff of the Department of Industry and Investment, a member of staff of the Department of Environment, Climate Change and Water or any other person.
(3) The Commissioner is not subject to the control and direction of the Bush Fire Co-ordinating Committee in exercising the Commissioner’s functions under this Division but must, in exercising those functions, take into consideration any relevant bush fire management plan and, in the case of managed land, any relevant plan of the authority responsible for the managed land of which the Commissioner is aware.
How does the RFS Act define an “Appropriate Authority” in respect to issuing fire permits?
In this Division:
“appropriate authority”, in relation to a fire permit in respect of land, means:
(a) in the case of land in a rural fire district-the Commissioner of the NSW Rural Fire Service,
(c) in the case of land in a fire district-the Commissioner of NSW Fire Brigades.
State the duration of a fire permit according to Section 90 of the Rural Fires Act (1997).
90 Duration of permits
(1) A fire permit, unless sooner cancelled or suspended, remains in force for the period (not exceeding 21 days) specified in the permit.
(2) A fire permit has no force or effect during any period during which a direction prohibiting the lighting of fires under section 99 is in force.
The Rural Fires Act (1997) Section 91 sets out the procedures to cancel or suspend a fire permit. State the provisions of this section.
91 Cancellation or suspension of permits
(1) A fire permit may be cancelled or suspended by the appropriate authority at any time by notice given to the permit holder.
(2) Notice of cancellation or suspension of a permit must be given in writing unless the appropriate authority is of the opinion that the weather conditions are conducive to the outbreak or spread of bushfires or that conditions conducive to the outbreak or spread of bushfires are imminent.
(3) In those circumstances notice may be given orally or in such other manner (including, if no other means are practicable, by broadcast by a television or radio station transmitting to the area in which the land to which the permit relates is situated) as the authority considers appropriate.
State the conditions that a fire permit is subject to according to Section 92 of the Rural Fires Act (1997).
(1) A fire permit is subject to:
(a) the condition that it be carried by the holder of the fire permit at the time a fire authorised by the permit is lit, and
(a1) any condition imposed by a bush fire hazard reduction certificate or as a condition of any approval, consent or other authority given by or under any other Act that is required to be obtained in relation to the lighting of a fire, and
(b) such conditions as are prescribed by the regulations or specified in the permit.
Note: A fire permit might, for example, include a condition that any fire lit in a rural fire district or fire district be lit under the supervision of the rural fire brigade or fire brigade for the district or an officer of the brigade or a fire control officer.
(2) A person who, being the holder of a fire permit, contravenes any condition of the fire permit is guilty of an offence.
Maximum penalty: 50 penalty units.
State the conditions under which an application for a fire permit may be refused as detailed in the Rural Fires Act (1997) Section 93.
93 Refusal to issue fire permit
An appropriate authority may refuse to issue a permit if:
(a) issue of the permit would be inconsistent with any bush fire risk management plan, or
(b) the appropriate authority has determined in writing that no permits be issued for fires to be lit in its area (or any part of its area) because of the seriousness of bush fire danger in the area, or
(c) the appropriate authority is otherwise authorised or required by the regulations or by or under this or any other Act to refuse to issue the permit.
Section 89 of the Rural Fires Act states when an appropriate authority may and must not issue a fire permit. Details the provisions of this section.
89 Issue of permits
(2) An appropriate authority must not issue a fire permit for a purpose unless:
(a) a bush fire hazard reduction certificate has been issued in respect of the purpose, or
(b) any approval, consent or other authority required for the purpose under the Environmental Planning and Assessment Act 1979 or any other law has been given.
