Published on Friday, 28 October 2022 at 11:52:09 AM
FIREBREAK ORDER 2022/2023
Pursuant to the powers contained in section 33 of the Bush Fires Act 1954, you are hereby
required on or before 31 October 2022, to plough, scarify, cultivate, spray or otherwise clear and
thereafter maintain free of all inflammable material until 15 April 2023 mineral earth Firebreaks
in the following dimensions, on the land owned or occupied by you.
1. RURAL LAND
1.1 Mineral earth firebreaks of not less than 2.44 metres (8 feet) in width must be
constructed along and within 20 metres of all external boundaries of the property owned or occupied
by you. If any portion of the land adjoins a public road or railway line, a firebreak must also be
constructed along that boundary.
1.2 Property in excess of 250 hectares shall have fire mineral earth firebreaks
positioned as necessary to divide land into areas not exceeding 250 hectares each completely
surrounded by a mineral earth firebreak.
1.3 Clear and maintain mineral earth firebreaks at least 2.44 metres (8 feet) wide within
20 metres of the perimeter of any building or group of buildings, fuel tanks, hayshed or haystack,
in such a manner as to fully encircle the structure/s. In addition to mineral earth Firebreaks, a
20 metre wide low fuel zone is required to be maintained around any building or group of buildings,
fuel tanks, hayshed or haystack. Low fuel means the removal of inflammable material, dead trees,
leaf litter and trash and the removal of dead branches to a height of 1.5 metres from live standing
trees. Grass is to be slashed to a height not exceeding 100mm.
1.4 During any period when harvesting operations are being conducted, there shall be provided
an operational mobile firefighting unit with a minimum capacity of 500 litres of water located in
or immediately adjacent to the paddock being harvested. The responsibility to supply the unit is
that of the landowner/occupier.
2. TOWN SITES
2.1 Where the area of the land is 0.2 hectares (one half of one acre) or less, you shall
clear all inflammable material on the land from the whole of the land.
2.2 Where the area of the land exceeds 0.2 hectares (one half of one acre), you shall clear
of all inflammable material, mineral earth Firebreaks not less than 2.44 metres (8 feet) wide
immediately inside all external boundaries of the land, and also immediately surrounding all
buildings, haystacks and fuel ramps situated on the land, and also immediately surrounding any
drums or drums situated on the land which are normally used for the storage of fuel, whether they
contain fuel or not.
3. GENERAL PROVISIONS
The term “inflammable Material” or the purpose of this notice includes bush (as defined in the Bush
Fires Act 1954), timber, boxes, cartons, paper, and the like inflammable materials, rubbish and
any combustible matter, but does not include buildings, green
standing trees and bushes or growing bushes or plants in gardens or lawns.
If it is considered to be impractical for any reason to provide mineral earth firebreaks in
the position or adhere to the provisions required by this notice, the written approval of Council
or a duly authorised officer must be obtained to prepare such mineral earth firebreaks in an
alternative position. If permission is not granted by Council or a duly authorised officer you
shall comply with the requirements of this order.
“Mineral earth firebreak” means an area of the owner(s)/occupiers(s) land, cleared and maintained
totally clear of all vegetation material (living or dead) so there is only mineral earth left.
The term “harvesting/Total Movement Ban” includes harvesting and the movement of
vehicles in paddocks, except vehicles carrying water to stock.
Contractors carting lime, gypsum or fertilizer are allowed to enter into paddocks to unload at any
time that there is a “Harvest/Total Movement Ban” in place on the condition that a manned fire unit
with at least 500 litres of water is in attendance.
The penalty for failing to comply with this Order is a fine of not more than five thousand dollars
($5000) and a person in default is also liable, whether prosecuted or not, to pay the cost of
performing the work directed by this notice, if it is not carried out by the owner or occupier by
the date required by this notice.
RESPONSIBILITY
Section 28 of the Bush Fires Act 1954 provides that where a bush fire is burning during prohibited or restricted times, the occupier of the land shall forthwith, whether he or she has lit or caused such fire to be lit or not, take all possible steps to extinguish the fire. Where owners or occupiers fail to extinguish the fire a Bush Fire Control Officer may take all proper measures to extinguish such fire and the expenses of that action are recoverable from owners and occupiers.
PENALTIES
Penalties apply for failure to comply with these regulations.
INSPECTIONS
All properties will be inspected from 31 October 2022 to ensure they comply with these requirements. Failure to comply will result in an infringement being issued.
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