Bush Fires Act 1954 2019/2020 Firebreak Notice

Notice to all owners and/or occupiers of land within the City of South Perth.

As a measure for preventing the outbreak of a bush fire, or for preventing the spread or extension of a bush fire which may occur, all owners and occupiers of land within the City’s district are required before 1 December 2019 to clear firebreaks or to take measures in accordance with this notice and maintain those firebreaks and measures in accordance with this notice up to and including 30 April 2020. 

1. All land which is 2,000m2 or less in area

Remove all inflammable matter from the whole of the land, except living trees, shrubs, plants and lawns under cultivation, by means of ploughing, cultivating or slashing to a height of no more than 50mm across the entire property. Where the area is 2,000 square metres or less, clear the land free of all inflammable matter, except for living trees, shrubs, plants and lawns under cultivation, to a height no greater than 50mm.

2. All other land within the City of South Perth

I. Clear bare earth 3 metre wide firebreaks immediately inside all external boundaries of the land by removing all inflammable matter and vegetation within the 3 metre wide firebreak between the ground and 4 metres above the ground.

II. Firebreaks to a minimum width of 3 metres and height of 4 metres are to be cleared immediately surrounding all buildings situated on the land; and any place where inflammable liquids and gas products are kept; 

III. In addition to the requirements in this clause Council may, by notice in writing require an owner and/or occupier to act as and when specified in the notice with respect to anything which is upon land and which in the opinion of Council is or is likely to be conducive to the outbreak of a bush fire or the spread or extension of a bush fire.

If, for any reason, an owner and/or occupier consider it impractical to clear the land or comply with other fire protection measures in accordance with the notice, the owner and/or occupier may apply in writing to the City no later than the 31st day of October in any year for a variation.  If permission is not granted in writing by the City or its authorised officer, the owner and/or occupier must comply with the requirements of this notice.  Any variation granted by the City will apply only for a single Firebreak Period.  A variation granted by the City shall only remain in force until the 30th day of April in the following year.

In addition to the requirements in this notice the City may, by notice in writing require an owner and/or occupier to act as and when specified in the notice with respect to anything which is upon land and which in the opinion of the City is or is likely to be conducive to the outbreak of a bush fire or the spread or extension of a bush fire.

The term Inflammable matter for the purpose of this notice includes bush (as defined in the Bush Fires Act 1954), timber, boxes, cartons, paper, rubbish and any other combustible or inflammable matter.

PENALTY FOR NON COMPLIANCE

A person who fails to comply with the requisitions in this notice is guilty of an offence and liable to a penalty of $5,000. In addition, where the owner or occupier of the land fails to comply with a notice given pursuant to section 33(1) of the Bush Fires Act 1954, the City may enter upon the land and carry out the requisitions of the notice which have not been complied with and the City may recover the amount of any costs and expenses incurred in carrying out those requisitions as a debt due from the owner or occupier of the land maintained clear of inflammable matter up to and including 30 April in the following year.

By order of the City of South Perth.

GEOFF GLASS, 
CHIEF EXECUTIVE OFFICER