Firebreaks

Firebreaks are a simple way to help protect your property from fire, and are a legal requirement. You are required on or before the 1st December each year to clear inflammable matter on land owned and/or occupied by you, in accordance with the following requirements. This must be maintained until the 30th April the following year. It is the owner’s responsibility to ensure firebreaks are maintained. All land, including built properties, must be free of combustible material during fire season.

Land which is 2000 m2 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.

All other land within the City of South Perth

• 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
• 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
• 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 bushfire or the spread or extension of a bushfire.

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 11th day of November in any year for a variation.

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 bushfire or the spread or extension of a bushfire.

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 Bushfires 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.

The City, in accordance with the Health Local Laws 2002, does not permit burning off.

Firebreak Notices