Rural Fires Act 1997

Permission needed from transport authorities for exercise of certain functions s 27: Am 2000 No 89, Sch 2.7 [1]; 2003 No 96, Sch 3.16 [1]; 2007 No 22, Sch 5.11 [1]; 2017 No 12, Sch 1.18 [1]; 2018 No 18, Sch 2.16 [1]. Subst 2023 No 42, Sch 4[5].

(4) In this section— transport authority means the following— (a) NSW Trains, (b) Rail Corporation New South Wales, (c) Rail Infrastructure Corporation, (d) Residual Transport Corporation of New South Wales, (e) Sydney Metro, (f) Sydney Trains, (g) Transport for NSW, (h) Transport Infrastructure Development Corporation.

Bush fire prevention pt 4, note: Am 2014 No 32, Sch 1 [5]. Division 1 Duty to prevent bush fires 63 Duties of public authorities and owners and occupiers of land to prevent bush fires (1) It is the duty of a public authority to take the notified steps (if any) and any other practicable steps to prevent the occurrence of bush fires on, and to minimise the danger of the spread of a bush fire on or from— (a) any land vested in or under its control or management, or (b) any highway, road, street, land or thoroughfare, the maintenance of which is charged on the authority. (2) It is the duty of the owner or occupier of land to take the notified steps (if any) and any other practicable steps to prevent the occurrence of bush fires on, and to minimise the danger of the spread of bush fires on or from, that land. (3) A public authority or owner or occupier is liable for the costs incurred by it in performing the duty imposed by this section. (4) The Bush Fire Co-ordinating Committee may advise a person on whom a duty is imposed by this section of any steps (whether or not included in a bush fire risk management plan) that are necessary for the proper performance of the duty. (5) In this section— notified steps means— (a) any steps that the Bush Fire Co-ordinating Committee advises a person to take under subsection (4), or (b) any steps that are included in a bush fire risk management plan applying to the land. 64 Occupiers to extinguish fires or notify fire fighting authorities (1) If a fire (not being a fire or part of a fire lit under the authority of this Act or any other Act) is burning on any land at any time during a bush fire danger period applicable to the land the occupier of the land must— (a) immediately on becoming aware of the fire and whether the occupier has lit or caused the fire to be lit or not, take all possible steps to extinguish the fire, and (b) if the occupier is unable without assistance to extinguish the fire and any practicable means of communication are available, ensure that the fire is reported immediately to the 000 emergency telephone number. (2) Maximum penalty—20 penalty units or imprisonment for 6 months, or both. s 64: Am 2009 No 74, Sch 1 [8]; 2015 No 58, Sch 3.77 [7]; 2018 No 59, Sch 2 [8] [9]. Division 2 Bush fire hazard reduction Note. Bush fire hazard reduction work and bush fire hazard reduction notice are defined in the Dictionary. 65AA “Owner” or “occupier” includes “public authority” To avoid doubt, a reference in this Division to an owner or occupier of land includes a reference to a public authority if the land is owned or occupied by, or vested in or under the control or management of, the public authority. s 65AA: Ins 2020 No 37, Sch 1[12]. 65A Hazard management officers (1) The Commissioner may nominate a member of the Service as a hazard management officer for the purposes of this Division. (2) A hazard management officer may exercise a function under this Division in relation to a public authority only if the officer is a member of the Service who is of or above the rank of Superintendent. s 65A: Ins 2009 No 74, Sch 1 [9]. Am 2020 No 37, Sch 1[13]. 65 Reduction of fire hazards on unoccupied Crown land and managed land (1) In this section— authorised person , in relation to land, means— (a) a hazard management officer, or (b) any officer of a rural fire brigade for the time being nominated for the purposes of this section by the Commissioner, or (c) any person for the time being nominated for the purposes of this section by the Bush Fire Co-ordinating Committee, or (d) a person exercising functions under a bush fire risk management plan, or (e) an authorised officer of a fire fighting authority. (2) An authorised person may, with the permission of the fire fighting authority or other authority responsible for unoccupied Crown land or managed land or a person nominated by the authority to give such permission, enter the land and carry out bush fire hazard reduction work with the assistance of such other persons as the authorised person considers to be necessary for the purpose. (3) The authority responsible for unoccupied Crown land or managed land is to be taken to have given the permission under this section to the extent necessary to give effect to a bush fire risk management plan. (4) If permission under this section is given subject to conditions, the conditions must be complied with. s 65: Subst 2009 No 74, Sch 1 [9]. 66 Bush fire hazard reduction notices (1) A hazard management officer may, by notice in writing, require the owner or occupier of land to carry out bush fire hazard reduction work specified in the notice on the land. (2) A hazard management officer must serve a notice under this section if required to do so by a bush fire risk management plan applicable to the land that is in force. (3) A hazard management officer must issue a bush fire hazard reduction certificate in respect of any bush fire hazard reduction work required by a notice issued in accordance with subsection (2) unless the work required by the notice— (a) is otherwise authorised to be carried out, or (b) is not required to be authorised to be carried out under this or any other Act. (4) A notice under this section may specify— (a) the circumstances in which, conditions under which, places at which and manner and time within which the bush fire hazard reduction work is to be carried out, and (b) any means by which the bush fire hazard reduction work is to be carried out and alternative means other than fire by which the work should, if practicable, be carried out. (5) The time within which bush fire hazard reduction work is to be carried out must not be less than 7 days after the notice is given. (6) The requirements and conditions so specified must include any requirements specified in a bush fire risk management plan that is applicable to the land and is in force and may include a requirement or condition that the burning of fire breaks or of combustible matter or other material— (a) must, in a fire district constituted under the Fire and Rescue NSW Act 1989 , be carried out by or under the supervision of the fire brigade in the district or the officer or fire fighter in charge of the fire brigade, or (b) must, outside a fire district, be carried out by or under the supervision of the rural fire brigade specified in the notice or an appropriate officer of the rural fire brigade or any hazard management officer. (7) A notice requiring the establishment of a fire break cannot require an occupier or owner to kill or remove any trees that are reasonably necessary— (a) for shade, shelter, windbreak or fodder purposes, or (b) for the protection of threatened species, populations, ecological communities or critical habitats within the meaning of the Threatened Species Conservation Act 1995 . Note. See section 54 (2) for other possible limitations. (8) An occupier or owner to whom a bush fire hazard reduction notice is given must, despite the fact that a fire permit has not been granted under Division 5, comply with the requirements specified in the notice. Maximum penalty— (a) for a corporation or public authority—100 penalty units, or (b) for an individual—50 penalty units or imprisonment for 12 months. (9) A notice under this section that is the subject of an objection or appeal under section 67 or 68 does not have effect until the objection or appeal is finally determined. (10) This section does not apply in relation to bush fire hazard reduction work that— (a) the Commissioner has determined is to be carried out in accordance with section 73 (1) (d), or (b) comprises the establishment or maintenance of a fire trail. s 66: Am 2002 No 67, Sch 3 [2]. Subst 2009 No 74, Sch 1 [9]. Am 2013 No 108, Sch 1 [11] [12]; 2018 No 59, Sch 5.1; 2020 No 37, Sch 1[14] [15]. 67 Objection to notices (1) The owner or occupier of land on whom a notice has been served under section 66 may, within 7 days of the service of the notice, lodge an objection with the hazard management officer who served the notice stating the grounds of objection, or, if that officer is not available, any other hazard management officer. (2) If a person lodges an objection, the hazard management officer and the person must genuinely attempt to resolve the matter by consultation having regard to— (a) the provisions of any bush fire risk management plan applicable to the land that is in force, and (b) the matters referred to in section 66 (7), and (c) the proper needs for conservation, and (d) such other matters as may be prescribed by the regulations. (3) Within 14 days of the lodging of an objection, the hazard management officer must— (a) confirm the notice, or (b) vary the notice, if the hazard management officer is satisfied that the variation will appropriately address the threat of fire, or (c) withdraw the notice, if the hazard management officer is satisfied that there is no longer any need for the notice to be served. (4) If the hazard management officer confirms or varies the notice, the officer must give the person who lodged the objection notice of the decision and must specify a time after the notice is given within which the person must comply with the notice as confirmed or varied. s 67: Am 1997 No 147, Sch 1.22 [1]; 1998 No 19, Sch 2 [4]–[7]. Subst 2009 No 74, Sch 1 [9]. 68 Appeal against notices (1) If a person has lodged an objection under section 67 and— (a) the hazard management officer has failed to confirm, vary or withdraw the notice within 14 days, or (b) the person is not satisfied with the confirmation or variation of the notice, the person may appeal in writing to the Commissioner within 7 days of the end of the 14 day period or the date of the confirmation or variation, whichever is earlier, stating the grounds of appeal. (2) The Commissioner must— (a) consider the appeal within a reasonable time, and (b) take into account all relevant circumstances, including the matters referred to in section 67 (2). (3) After considering the appeal, the Commissioner must— (a) confirm the notice, or (b) vary the notice in any way the Commissioner thinks fit, or (c) cancel the notice. (4) If the Commissioner confirms or varies the notice, the Commissioner must give the person who lodged the appeal notice of his or her decision and must specify a time after the notice is given within which the person must comply with the notice as confirmed or varied. s 68: Am 1998 No 19, Sch 2 [8]. Subst 2009 No 74, Sch 1 [9]. 69 Powers and duties of hazard management officer (1) A hazard management officer may, for the purpose of forming an opinion as to— (a) whether a notice under section 66 should be served on the occupier or owner of any land, or (b) whether or not such a notice has been complied with, enter during the daytime any part of the land (other than a dwelling-house) that it is necessary to inspect in order to form that opinion. (2) A hazard management officer who requires an occupier or owner of land to take action under a bush fire hazard reduction notice must give notice in the approved form to such persons or bodies as may be prescribed by the regulations. (3) It is a duty of a hazard management officer to keep a record of whether or not bush fire hazard reduction work has been carried out in accordance with a bush fire hazard reduction notice. Note. The Land and Environment Court has jurisdiction to hear and dispose of proceedings under this Act. See section 20 of the Land and Environment Court Act 1979 . s 69: Am 2002 No 67, Sch 4 [3] [4]. Subst 2009 No 74, Sch 1 [9]. 70 Bush fire hazard reduction work in default of compliance with notice (1) In this section— relevant notice means— (a) a bush fire hazard reduction notice, or (b) if a bush fire hazard reduction notice is the subject of an objection or appeal, a notice under section 67 (4) or 68 (4), respectively. (2) If within the time specified in the relevant notice the owner or occupier to whom it is given fails to comply with any requirement of the notice, the Commissioner may, without prejudice to the liability of the owner or occupier, enter on the land and carry out the bush fire hazard reduction work the owner or occupier was required to do under the notice. (3) Any costs incurred by the Commissioner in carrying out such work (including costs incurred in obtaining the approval of any local or public authority under any other law to carry out the work) may be recovered from the owner or occupier of the land as a debt due to the Crown in a court of competent jurisdiction. s 70: Subst 2009 No 74, Sch 1 [9]. 71 Defence to court proceedings If— (a) the occupier and the owner of the land in respect of which a bush fire hazard reduction notice is given are not the same person, and (b) the owner of that land has been prosecuted under section 66 or an action for recovery of costs has been taken against the owner under section 70, it is a defence to that prosecution or action if the court is satisfied that that owner had no legal right, as between the owner and the occupier of that land, to enter that land and comply with the requirements of the notice. s 71: Am 2009 No 74, Sch 1 [10]. 72 Certain damage to property caused by bush fire hazard reduction work covered by fire insurance (1) Any damage to property caused by a person in the exercise in good faith of a power conferred by or under this Division is to be taken to be damage by fire within the meaning of any policy of insurance against fire covering the damaged property. (2) This section does not apply in relation to an entry on land that is authorised by section 70 (which relates to entry on land after failure to comply with a bush fire hazard reduction notice). 73 Bush fire hazard reduction by Commissioner (1) The Commissioner may carry out bush fire hazard reduction work on land— (a) if the work has not been carried out on land by a public authority or owner or occupier of land when, or in the manner, required by a bush fire risk management plan, or (b) if, in the opinion of the Commissioner, a public authority or owner or occupier of land has not properly performed a duty under section 63 to take notified steps, or any other practicable steps, that is imposed on the public authority or owner or occupier, or (c) (d) if the Commissioner serves a notice addressed (by the description of “Owner” or “Occupier”) to the owner or occupier of the land specifying— (i) the circumstances in which, conditions under which and manner and time within which the bush fire hazard reduction work is to be carried out, and (ii) any means by which the bush fire hazard reduction work is to be carried out and alternative means other than fire by which the work should, if practicable, be carried out, and after reasonable inquiry conducted over a period of not less than 7 days, the Commissioner cannot ascertain the identity and location of the owner or occupier. Note. The bush fire hazard reduction work can be carried out by the Commissioner on land with the consent of the owner or occupier or following notice to the owner or occupier under section 66, if the identity and location of the owner or occupier is ascertained. (2) Any costs incurred by the Commissioner in carrying out work under subsection (1)(a) or (b) (including costs incurred in obtaining the approval of any local or public authority under any other law to carry out the work) may be recovered from the responsible person or authority as a debt due to the Crown in a court of competent jurisdiction. (3) Before carrying out any bush fire hazard reduction work under this section, the Commissioner must certify a bush fire hazard reduction certificate in respect of the work in accordance with section 100G. (4) In this section— responsible person or authority means a public authority or owner or occupier of land referred to in subsection (1). s 73: Subst 2002 No 67, Sch 3 [3]. Am 2009 No 74, Sch 1 [11]; 2013 No 108, Sch 1 [13] [14]; 2020 No 37, Sch 1[16] [17]. 74 Bush fire hazard reduction reports (1) Each public authority that is responsible for managed land must report to the Commissioner not later than 1 month after the end of the financial year on its activities to reduce bush fire hazards on the managed land during the preceding financial year. (1A) In addition to the annual report, each public authority that is responsible for managed land must report to the Commissioner not later than 7 days after the end of each month on— (a) its activities to reduce bush fire hazards on the managed land during the preceding month, and (b) if any activities planned for that month were not carried out, the reasons for that omission. (2) Any such report must include— (a) details of the extent of implementation of any scheme for the reduction of bush fire hazards set out in a bush fire risk management plan that applies to the land, and (b) information about such other matters (if any) as are prescribed by the regulations. (3) The annual reporting information prepared for the Service under the Government Sector Finance Act 2018 must include details of information contained in a report under subsection (1) for the annual reporting period to which the information relates. s 74: Subst 2002 No 67, Sch 3 [4]; 2009 No 74, Sch 1 [12]; Am 2013 No 108, Sch 1 [15]–[18]; 2018 No 70, Sch 4.91[2]. Division 2A Bush fire hazard complaints pt 4, div 2A: Ins 2002 No 67, Sch 3 [5]. 74A Bush fire hazard complaints (1) A complaint may be made under this Division that a bush fire hazard exists on land because of the failure of a public authority or owner or occupier of the land to carry out bush fire hazard reduction work on the land (a bush fire hazard complaint ). (2) A bush fire hazard complaint may be made whether or not the public authority or owner or occupier concerned has a duty under section 63 to carry out the work. s 74A: Ins 2002 No 67, Sch 3 [5]. 74B Who may make a bush fire hazard complaint A bush fire hazard complaint may be made by any owner or occupier of land adjacent to or in the vicinity of the land to which the complaint relates. s 74B: Ins 2002 No 67, Sch 3 [5]. 74C How and to whom are complaints to be made (1) A bush fire hazard complaint is to be made by giving it, or sending it by post— (a) if the complaint relates to unoccupied Crown land or managed land for which a public authority is responsible—to the Commissioner, or (b) in the case of any other land—to the local authority of the local government area in which the land is located. (2) A bush fire hazard complaint must be made in writing, must identify the complainant and must state the grounds for the complaint. (3) A local authority must refer any complaint made to it under this Division to the Commissioner within 14 days of receipt of the complaint. (4) Written notice of the making of the complaint and the grounds of the complaint are to be given to the owner or occupier or public authority responsible for the land to which the complaint relates as soon as practicable after receipt of the complaint. s 74C: Ins 2002 No 67, Sch 3 [5]. Am 2009 No 74, Sch 1 [13]. 74CA Misdirected complaints (1) A written communication made to a public authority (other than the relevant local authority) that, if it were made to the Commissioner or the relevant local authority, would be a bush fire hazard complaint relating to land owned or occupied by, or vested in or under the control or management of, the public authority— (a) must be referred by the public authority to the Commissioner within 14 days of receipt of the communication, and (b) is taken to be a bush fire hazard complaint for the purposes of this Division even though it was not made to the Commissioner or the relevant local authority. (2) Despite subsection (1)(b) and section 74C(4), written notice of the communication does not need to be given to the public authority. (3) In this section, relevant local authority means the local authority of the local government area in which the land to which the written communication relates is located. s 74CA: Ins 2020 No 37, Sch 1[18]. 74D Investigation of complaint (1) The Commissioner must investigate the bush fire hazard complaint as soon as practicable after it is received. (2) The Commissioner may investigate the complaint as the Commissioner thinks fit. (3) Without limiting subsection (2), the Commissioner (or a person authorised by the Commissioner) may, for the purpose of forming an opinion as to whether a bush fire hazard exists on the land to which the complaint relates, enter during the daytime any part of the land (other than a dwelling-house) that it is necessary to inspect in order to form that opinion. (4) The Commissioner may decline to deal with a complaint, or dismiss a complaint, that the Commissioner considers to be vexatious, misconceived, frivolous or lacking in substance. (5) The Commissioner is to notify the complainant if the Commissioner declines to deal with, or dismisses, the complaint. s 74D: Ins 2002 No 67, Sch 3 [5]. Am 2009 No 74, Sch 1 [14] [15]. 74E Action that may be taken by Commissioner if bush fire hazard exists (1) If the Commissioner finds that a bush fire hazard exists on land to which a bush fire hazard complaint relates, the Commissioner— (a) may direct a hazard management officer to serve a notice under section 66 on the owner or occupier of the land if no bush fire hazard reduction notice has been served on the owner or occupier of the land, or (b) may, subject to sections 67 and 68, exercise his or her powers under section 70 in respect of the land if a bush fire hazard reduction notice has been served on the owner or occupier of the land. (2), (3) s 74E: Ins 2002 No 67, Sch 3 [5]. Subst 2009 No 74, Sch 1 [16]. Am 2020 No 37, Sch 1[19] [20]. 74F Complainant to be notified of action taken If any action is taken by the Commissioner in relation to a bush fire hazard complaint, the Commissioner must, as soon as practicable after it is taken, advise the complainant of the action taken. s 74F: Ins 2002 No 67, Sch 3 [5]. Subst 2009 No 74, Sch 1 [16]. 74G, 74H s 74G: Ins 2002 No 67, Sch 3 [5]. Rep 2009 No 74, Sch 1 [16]. s 74H: Ins 2002 No 67, Sch 3 [5]. Rep 2009 No 74, Sch 1 [16]. Division 3 Damage by fire to dividing fences and other matters 75 Definitions In this Division— adjoining owners means the owners or occupiers of land on either side of a dividing fence. dividing fence means a fence separating land owned or occupied by different persons. fence means a structure, ditch or embankment, or a hedge or similar vegetation barrier, enclosing or bounding land, whether or not continuous or extending along the whole of the boundary separating the land from other land and includes— (a) any gate, cattlegrid or apparatus necessary for the operation of the fence, and (b) any foundation or support necessary for the support and maintenance of the fence. s 75: Am 2020 No 37, Sch 1[21] [22]. 76 Notices to repair or restore dividing fences (1) An adjoining owner who has cleared land on the adjoining owner’s side of a dividing fence of all combustible matter for a distance of 6 metres from the fence may, by notice in writing, require the adjoining owner on the other side of the fence to repair or restore the dividing fence if it is damaged or destroyed by a bush fire caused by the failure of the other adjoining owner to clear the adjoining owner’s side of the fence of all combustible matter for the same distance. (2) The adjoining owner to whom a notice is given must repair or restore the dividing fence at that adjoining owner’s expense— (a) within one month of being given the notice, or (b) within such longer period as the Local Court may allow on application by the adjoining owner to the Local Court. (3) The dividing fence is to be restored to a reasonable standard, having regard to its state before damage or destruction. (4) The adjoining owner may apply to the Local Court for an order authorising the adjoining owner to repair or restore the fence if— (a) the adjoining owner to whom a notice is given fails to repair or restore the fence in the required time, or (b) the adjoining owner has not, after making reasonable inquiries, been able to ascertain the whereabouts of the adjoining owner for the purposes of serving the notice. (5) An adjoining owner who repairs or restores a fence under this section (including the owner’s employees or agents) may, at any reasonable time, enter on the land adjoining the dividing fence for the purpose of carrying out the work. (6) s 76: Am 2002 No 67, Sch 3 [6]; 2007 No 94, Sch 2. 77 Recovery of costs (1) An adjoining owner who repairs or restores a fence in accordance with an order under section 76 (4) is entitled to recover from the other adjoining owner the cost of carrying out the work. (2) Any money that an adjoining owner is required or liable to pay under this section may be recovered as a debt in a court of competent jurisdiction. (3) In any proceedings for the recovery of money the certificate of the Local Court as to the making and content of an order made by it under section 76 is evidence of the matters set out in the certificate. s 77: Am 2007 No 94, Sch 2. 78 Jurisdiction of Local Court The Local Court has jurisdiction to hear and determine any matter arising under this Division. s 78: Am 2007 No 94, Sch 3. 79 Entry to land to extinguish fire An adjoining owner who has cleared land in the manner referred to in section 76 may enter the land of an adjoining owner who has failed to so clear that adjoining owner’s land and take all necessary steps to extinguish any unattended fire that at its closest point has approached a distance that unreasonably endangers or threatens the adjoining owner’s land and any fence or property on it. 80 s 80: Rep 2002 No 67, Sch 3 [7]. Division 4 Bush fire danger period 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. 82 Local bush fire danger period (1) The Commissioner may modify, in respect of all or part of a local government area, the bush fire danger period set out in section 81 by order published in the Gazette declaring— (a) that there is no bush fire danger period in the area or part, or (b) that a different period is the bush fire danger period for the area or part. (2) An order may also be published in any other manner approved in writing by the Minister. (3) An order may be made on the Commissioner’s own initiative or on the recommendation of a Bush Fire Management Committee for the area. (4) An order remains in force until whichever of the following occurs first— (a) the end of the period specified in the order as the period for which it is in force, (b) the revocation of the order by the Commissioner. s 82: Subst 2002 No 67, Sch 4 [5]; 2018 No 59, Sch 2 [10]. 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. s 83: Subst 2002 No 67, Sch 4 [6]. 84 s 84: Rep 2002 No 67, Sch 4 [7]. Division 5 Permits and notice requirements 85 Definitions 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, (b) (c) in the case of land in a fire district—the Commissioner of Fire and Rescue NSW. (d) land clearance means clearing land of bush, stubble, scrub, timber, trees, grass or vegetative or other material. light a fire includes— (a) maintain or use a fire, and (b) cause a fire to be lit, maintained or used. s 85: Am 2002 No 67, Sch 4 [8] [9]; 2012 No 103, Sch 2 [5]. 86 Notice and certain authorities required before certain fires lit (1) A person who lights a fire on land— (a) for the purpose of land clearance or for burning any fire break, or (b) in circumstances in which doing so would be likely to be dangerous to any building, is guilty of an offence unless the person has given notice in accordance with the regulations to the persons prescribed by the regulations. Maximum penalty—50 penalty units or imprisonment for 12 months, or both. (1A) A person who lights a fire on land for the purpose of land clearance or for burning any fire break is guilty of an offence unless— (a) a bush fire hazard reduction certificate has been issued in respect of the land clearance or fire break, or (b) any approval, consent or other authority required for the land clearance or fire break under the Environmental Planning and Assessment Act 1979 or any other law has been given. Maximum penalty—50 penalty units or imprisonment for 12 months, or both. (2) Nothing in this section requires an authorised officer of a fire fighting authority to give notice of the lighting of a fire for the purpose of back burning. 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. s 86: Am 2000 No 104, Sch 1 [22]; 2002 No 67, Schs 3 [8], 4 [10]; 2002 No 112, Sch 2.21. 87 Lighting fires for land clearance or fire breaks in bush fire danger period (1) A person who lights a fire on land for the purpose of land clearance or for burning any fire break during a bush fire danger period that applies to the land is guilty of an offence unless the person— (a) is authorised to do so by a fire permit issued by the appropriate authority and the person complies with any conditions set out in the fire permit, and (b) has given notice in accordance with section 86. Maximum penalty—50 penalty units or imprisonment for 12 months, or both. (2) Nothing in this section requires an authorised officer of a fire fighting authority who lights a fire for the purpose of back burning to be authorised to do so by a fire permit or to give any notice before lighting such a fire. 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. s 87: Am 2000 No 104, Sch 1 [23]; 2002 No 67, Sch 4 [11]. 88 Lighting fires that are dangerous to buildings in fire districts and rural fire districts (1) A person who lights a fire on land within a fire district or rural fire district in circumstances in which doing so would be likely to be dangerous to any building is guilty of an offence unless the person— (a) is authorised to do so by a fire permit issued by the appropriate authority and the person complies with any conditions set out in the fire permit, and (b) has given notice in accordance with section 86. Maximum penalty—50 penalty units or imprisonment for 12 months, or both. (2) Nothing in this section requires an authorised officer of a fire fighting authority who lights a fire for the purpose of back burning on land within a fire district or rural fire district to be authorised to do so by a fire permit or to give any notice before lighting such a fire. 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. s 88: Am 1997 No 147, Sch 1.22 [2]; 2000 No 104, Sch 1 [24]; 2002 No 67, Sch 4 [12]–[15]. 89 Issue of permits (1) An appropriate authority may issue to any person a fire permit in writing authorising the person to light a fire on land specified in the permit for the purpose specified in the permit. (2) An appropriate authority may issue a fire permit for a purpose only if— (a) a bush fire hazard reduction certificate has been issued in respect of the purpose, or (b) the person confirms the person has obtained all approvals, consents or other authorities required under the Environmental Planning and Assessment Act 1979 or another law, or (c) lighting a fire for the purpose does not contravene any other Act or law. s 89: Am 2002 No 67, Sch 3 [9]; 2002 No 112, Sch 2.21; 2014 No 66, Sch 1 [1] [2]; 2023 No 42, Sch 4[7]. 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 total fire ban order under section 99 is in force. s 90: Am 2018 No 59, Sch 2 [11]. 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 bush fires or that conditions conducive to the outbreak or spread of bush fires are imminent. (3) In those circumstances notice may be given orally or in such other manner as the authority considers appropriate. s 91: Am 2018 No 59, Sch 2 [12] [13]. 92 Conditions of permit (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. s 92: Am 2002 No 67, Sch 3 [10]. 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. s 93: Am 2002 No 67, Sch 4 [16]. 94 Notice to be given of issue of fire permit (1) (2) An appropriate authority who issues a fire permit to light a fire on land specified in the regulations must give notice in an approved form to such persons or bodies as are prescribed by the regulations. (3) An appropriate authority who gives a notice under this section must notify the person or body concerned if the appropriate authority cancels or suspends the permit. s 94: Am 2002 No 67, Sch 4 [17]. 95 Permit not required for fires lit by public authorities (1) Nothing in this Division requires a public authority or a person acting under the direction of a public authority to hold a permit to light a fire. (2) However, a public authority— (a) must not light a fire in any area of an authority (or part of such an area) if it has been notified that a determination referred to in section 93 (b) has been made in respect of the area, and (b) must not light a fire in any rural fire district unless the fire control officer for the district has been advised that it is to be lit, and (c) must not light a fire on land in any fire district unless the officer in charge of the fire station that is nearest to the land has been advised that it is to be lit. s 95: Am 2002 No 67, Sch 4 [18]. 96 Appropriate authorities not determining authorities (1) An appropriate authority is not, for the purposes of granting a fire permit, a determining authority within the meaning of Part 5 of the Environmental Planning and Assessment Act 1979 . In addition, an appropriate authority is not a determining authority within the meaning of that Act merely because the authority can authorise another person to grant a permit. (2) s 96: Am 2002 No 67, Sch 4 [19]. 97 Reporting requirements (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. (2) A report is to include— (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 (b) details of any action taken with respect to permits that is inconsistent with any bush fire risk management plan applying to the area. s 97: Am 2002 No 67, Sch 4 [20] [21]. 98 Issue of permit does not affect duty to prevent bush fires The issue of a fire permit to an owner or occupier of land under this Division does not limit or affect the duty to prevent bush fires imposed on the owner or occupier under section 63. Division 6 Total fire bans 99 Total fire ban orders (1) The Minister may, if the Minister is of the opinion that it is necessary or expedient in the interests of public safety to do so, by written order (a total fire ban order )— (a) prohibit the lighting, maintenance or use of any fire or class of fire in the open air for the period or periods specified in the order, and (b) require persons or classes of persons to take action specified in the order for the purposes of preventing the outbreak or the spread of any bush fire or for controlling or suppressing any bush fire. (2) A total fire ban order is to identify the part or parts of the State to which the order applies (the total fire ban area ) and, without limiting the manner in which the total fire ban area may be identified, the area may be identified by reference to a zone defined by the regulations. (3) The Minister may grant exemptions from the requirements of a total fire ban order by— (a) setting out the exemptions in the order, or (b) by reference (in the order) to one or more standard exemptions that the Minister has caused to be published in the Gazette. (4) The Commissioner may also grant a person an exemption from the requirements of a total fire ban order by written notice to the person. (5) An exemption by the Commissioner may be granted in relation to a specified total fire ban order or to all total fire ban orders having effect during a specified period. (6) The Commissioner may modify, suspend or revoke an exemption granted by the Commissioner at any time— (a) by written notice to the person, or (b) if the Commissioner is of the opinion that the weather conditions are conducive to the outbreak or spread of bush fires or that conditions conducive to the outbreak or spread of bush fires are imminent—orally or in such other manner as the Commissioner considers appropriate. (7) An exemption under this section may be granted unconditionally or subject to conditions. (8) As soon as practicable after making a total fire ban order, the Minister is— (a) to cause notice of the order to be broadcast by a television or radio station transmitting to the total fire ban area, and (b) to cause a copy of the order to be published in the Gazette. (9) The Minister may cause notice of the order to be published in any other manner approved by the Minister. (10) The Minister may delegate any of the Minister’s functions under this section, other than this power of delegation, to— (a) the Commissioner, or (b) a senior executive officer of the NSW Rural Fire Service. (11) A person who fails to comply with a total fire ban order is guilty of an offence. Maximum penalty—imprisonment for 12 months or 50 penalty units (or both). (12) The provisions of this section have effect despite any other provision of this Act or any other Act or law. s 99: Subst 2018 No 59, Sch 2 [14]. Division 7 Offences pt 4, div 7, hdg: Subst 2013 No 108, Sch 1 [19]. 99A Offences—discarding lighted cigarettes etc (1) A person must not, without lawful authority, discard a lighted tobacco product or match or any incandescent material (a fire risk object ) on any land. Maximum penalty— (a) except as provided by paragraph (b)—50 penalty units, or (b) in the case of an offence committed during a total fire ban under Division 6 in the part of the State concerned—100 penalty units. (2) Driver and owner of vehicle deemed guilty If a fire risk object is, in contravention of subsection (1), discarded from a motor vehicle, or from a trailer attached to a motor vehicle, the following are taken to be guilty of an offence under that subsection— (a) in the case of a fire risk object discarded from a motor vehicle—the driver of the motor vehicle, (b) in the case of a fire risk object discarded from a motor vehicle—the owner of the motor vehicle, (c) in the case of a fire risk object discarded from a trailer attached to a motor vehicle—the owner of the trailer. (3) Only one person liable Subsection (2) does not affect the liability of the actual offender but, if a penalty has been imposed on or recovered from any person in relation to the offence (whether the actual offender, the driver or the owner), no further penalty may be imposed on or recovered from any other person. In this subsection, penalty includes a penalty under a penalty notice. (4) Exception for passenger vehicles Subsection (2) does not apply if— (a) the motor vehicle is a bus, taxi or other public transport vehicle and is being used at the time to convey a public passenger, and (b) the fire risk object was discarded by that passenger. (5) Exception for stolen vehicles Subsection (2) (b) does not apply if the motor vehicle was at the time a stolen motor vehicle or a motor vehicle illegally taken or used. (6) Exception for stolen trailers Subsection (2) (c) does not apply if the trailer was at the time a stolen trailer or a trailer illegally taken or used. (7) Exception for owner when not driver Subsection (2) (b) or (c) does not apply if the owner was not in the motor vehicle, including the motor vehicle to which the trailer was attached, at the relevant time and— (a) gives notice in accordance with subsection (9) of the name and address of the person who was in charge of the motor vehicle at the relevant time, or (b) satisfies the officer who gave the penalty notice for the offence or the court dealing with the offence (as the case requires) that the owner did not know, and could not with reasonable diligence have ascertained, that name and address. A notice under this subsection is, in proceedings against the person named in the notice for an offence under subsection (1), evidence that the person was driving the motor vehicle at the relevant time. (8) Exception for driver when not offender Subsection (2) (a) does not apply if the driver— (a) gives notice in accordance with subsection (9) of the name and address of the passenger in the motor vehicle who discarded the fire risk object, or (b) satisfies the officer who gave the penalty notice for the offence or the court dealing with the offence (as the case requires) that the driver did not discard the fire risk object and did not know, and could not with reasonable diligence have ascertained, the name and address of the passenger who discarded the fire risk object. A notice under this subsection is, in proceedings against the person named in the notice for an offence under subsection (1), evidence that the person discarded the fire risk object from the motor vehicle. (9) Notice given by owner or driver A notice for the purposes of subsection (7) (a) or (8) (a) must be verified by statutory declaration and— (a) if a penalty notice has been given for the offence—the notice must be given to an officer specified in the penalty notice for the purpose within 28 days after service of the penalty notice, or (b) if a court is dealing with the offence—the notice must be given to the prosecutor within 28 days after service of the summons or court attendance notice for the offence. (10) Definitions In this section— motor vehicle and owner of a motor vehicle have the same meanings as in the Road Transport Act 2013 . s 99A: Ins 2013 No 108, Sch 1 [20]. Am 2014 No 66, Sch 1 [3] [4]. 100 Offences (1) A person who, without lawful authority— (a) sets fire or causes fire to be set to the land or property of another person, the Crown or any public authority, or (b) being the owner or occupier of any land, permits a fire to escape from that land under such circumstances as to cause or be likely to cause injury or damage to the person, land or property of another person or the land or property of the Crown or a public authority, is guilty of an offence. Maximum penalty—1,000 penalty units or imprisonment for 5 years, or both. (1A) In determining the penalty for an offence under subsection (1) that was committed when a total fire ban under Division 6 was in force in the part of the State in which the fire was set or was permitted to escape, the court must take the total fire ban into account as an aggravating factor. Note. Section 21A (2) of the Crimes (Sentencing Procedure) Act 1999 sets out other aggravating factors to be taken into account when determining the appropriate penalty for an offence. (1B) A person who, without lawful authority— (a) sets fire or causes fire to be set to the land or property of another person, the Crown or any public authority, or (b) being the owner or occupier of any land, permits a fire to escape from that land under such circumstances as to cause or be likely to cause injury or damage to the person, land or property of another person or the land or property of the Crown or a public authority, knowing that a total fire ban under Division 6 is in force in the part of the State in which the fire is set or permitted to escape, is guilty of an offence. Maximum penalty—1,200 penalty units or imprisonment for 7 years, or both. (1C) If on the trial of a person for an offence under subsection (1B) the trier of fact is not satisfied that the accused is guilty of the offence charged but is satisfied on the evidence that the accused is guilty of an offence under subsection (1), the trier of fact may find the accused not guilty of the offence charged but guilty of an offence under subsection (1), and the accused is liable to punishment accordingly. (2) A person who, without lawful authority, leaves whether temporarily or otherwise any fire which the person has lit or used in the open air before the fire is thoroughly extinguished is guilty of an offence. Maximum penalty—50 penalty units or imprisonment for 12 months, or both. (3) Nothing in subsection (2) requires any person to extinguish a fire in the open air that has been lit or used for the purpose of cooking, heating or preparing meals or boiling water or for any similar purpose in accordance with the regulations if, at the time of the person leaving it, the fire continues to be used by some other person. s 100: Am 2014 No 66, Sch 1 [5]. Division 8 Development of bush fire prone land and for bush fire hazard reduction pt 4, div 8: Ins 2002 No 67, Sch 3 [11]. Subdivision 1 Definitions pt 4, div 8, sdiv 1: Ins 2002 No 67, Sch 3 [11]. 100A Definitions (1) In this Division— bush fire code means a bush fire environmental assessment code in force under this Division. bush fire safety authority means an authority given by the Commissioner under section 100B and that is in force. certifying authority means a certifying authority described in section 100E. excluded land means the following— (a) land in the coastal wetlands and littoral rainforests area within the meaning of State Environmental Planning Policy (Coastal Management) 2018 , (b) any other land prescribed by the regulations. issuing authority means the issuing authority described in section 100E. managed land means land— (a) that is dedicated, or acquired for the purpose of dedication, under the Forestry Act 2012 or in respect of which the Forestry Corporation has obtained the benefit of a forestry right within the meaning of Division 4 of Part 6 of the Conveyancing Act 1919 , or (b) that is dedicated or reserved, or acquired for the purpose of dedication or reservation, under the National Parks and Wildlife Act 1974 , or (c) that is vested in, or under the control of, Transport for NSW, Sydney Metro, Transport Asset Manager of New South Wales or Residual Transport Corporation of New South Wales, or (d) that is within the catchment area of a water authority. private land means land other than managed land and unoccupied Crown land. (2) Expressions used in this Division that are used in the Environmental Planning and Assessment Act 1979 have the meanings set out in that Act. s 100A: Ins 2002 No 67, Sch 3 [11]. Am 2003 No 96, Sch 3.16 [2]; 2007 No 22, Sch 5.11 [2]; 2011 No 41, Sch 5.51; 2012 No 96, Sch 4.37 [2]; 2017 No 12, Sch 1.18 [2]; 2018 No 18, Sch 2.16 [2]; 2018 No 59, Sch 2 [15]; 2020 No 30, Sch 4.91; 2024 No 58, Sch 2.5. Subdivision 2 Bush fire prone land pt 4, div 8, sdiv 2: Ins 2002 No 67, Sch 3 [11]. 100B Bush fire safety authorities (1) The Commissioner may issue a bush fire safety authority for— (a) a subdivision of bush fire prone land that could lawfully be used for residential or rural residential purposes, or (b) development of bush fire prone land for a special fire protection purpose. (2) A bush fire safety authority authorises development for a purpose referred to in subsection (1) to the extent that it complies with standards regarding setbacks, provision of water supply and other matters considered by the Commissioner to be necessary to protect persons, property or the environment from danger that may arise from a bush fire. (3) A person must obtain such a bush fire safety authority before developing bush fire prone land for a purpose referred to in subsection (1). (4) Application for a bush fire safety authority is to be made to the Commissioner in accordance with the regulations. (5) Development to which subsection (1) applies— (a) does not include the carrying out of internal alterations to any building, and (a1) does not include the carrying out of any development excluded from the operation of this section by the regulations, and (b) is not complying development for the purposes of the Environmental Planning and Assessment Act 1979 , despite any environmental planning instrument. (6) In this section— special fire protection purpose means the purpose of the following— (a) a school, (b) a child care centre, (c) a hospital (including a hospital for the mentally ill or mentally disordered), (d) a hotel, motel or other tourist accommodation, (e) a building wholly or principally used as a home or other establishment for mentally incapacitated persons, (f) seniors housing within the meaning of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 , (g) a group home within the meaning of State Environmental Planning Policy No 9—Group Homes , (h) a retirement village, (i) any other purpose prescribed by the regulations. s 100B: Ins 2002 No 67, Sch 3 [11]. Am 2005 No 43, Sch 7.16; 2007 No 82, Sch 2.16. Subdivision 3 Bush fire hazard reduction pt 4, div 8, sdiv 3: Ins 2002 No 67, Sch 3 [11]. 100C Carrying out bush fire hazard reduction work (1) An environmental planning instrument under the Environmental Planning and Assessment Act 1979 cannot prohibit, require development consent for or otherwise restrict the doing of— (a) emergency bush fire hazard reduction work on any land, or (b) managed bush fire hazard reduction work on land other than excluded land. (2) Part 5 of the Environmental Planning and Assessment Act 1979 does not apply to or in respect of emergency bush fire hazard reduction work carried out on any land. (3) Part 5 of the Environmental Planning and Assessment Act 1979 does not apply to or in respect of managed bush fire hazard reduction work carried out on land other than excluded land if— (a) the work is carried out in accordance with a bush fire risk management plan that applies to the land, and (b) there is a bush fire hazard reduction certificate in force in respect of the work and the work is carried out in accordance with any conditions specified in the certificate, and (c) the work is carried out in accordance with the provisions of a bush fire code applying to the land specified in the certificate. Note. If work to which Part 5 of the Environmental Planning and Assessment Act 1979 would apply but for this subsection is not carried out in accordance with this subsection, the person carrying out the work will be in breach of that Act. (4) Bush fire hazard reduction work may be carried out on land despite any requirement for a licence, approval, consent or other authorisation for the work made by the Biodiversity Conservation Act 2016 , the National Parks and Wildlife Act 1974 or any other Act or instrument made under an Act only if— (a) the work is carried out in accordance with a bush fire risk management plan that applies to the land, and (b) there is a bush fire hazard reduction certificate in force in respect of the work and the work is carried out in accordance with any conditions specified in the certificate, and (c) the work is carried out in accordance with the provisions of any bush fire code applying to the land specified in the certificate. (5) A person is not guilty of an offence under any of the following Acts merely because of the carrying out of bush fire hazard reduction work in accordance with subsection (4)— (a) (b) Environmental Planning and Assessment Act 1979 , (c) Fisheries Management Act 1994 , (d) Heritage Act 1977 , (e) Part 5A of the Local Land Services Act 2013 , (f) Protection of the Environment Operations Act 1997 , (g) Soil Conservation Act 1938 . Note. Failure to comply with subsection (4) (a), (b) and (c) when carrying out bush fire hazard reduction work may expose a person to offences under the Acts referred to above. (6) Bush fire hazard reduction work carried out in accordance with a bush fire hazard reduction notice on a neighbourhood safer place or land adjacent to a neighbourhood safer place is deemed to be emergency bush fire hazard reduction work for the purposes of this section. s 100C: Ins 2002 No 67, Sch 3 [11]. Am 2004 No 55, Sch 1.37; 2010 No 130, Sch 1 [6]; 2012 No 96, Sch 4.37 [3]; 2015 No 20, Sch 1 [1] [2]; 2016 No 20, Sch 4.6 [1]; 2016 No 63, Sch 11.9 [2]; 2018 No 59, Sch 2 [16]. 100D What is a bush fire hazard reduction certificate? A bush fire hazard reduction certificate is a certificate that authorises the carrying out of bush fire hazard reduction work on land in accordance with— (a) a bush fire risk management plan that applies to the land, and (b) the provisions of any bush fire code applying to the land specified in the certificate, and (c) any conditions specified in the certificate. s 100D: Ins 2002 No 67, Sch 3 [11]. 100E Issuing and certifying authorities (1) The issuing authority for a bush fire hazard reduction certificate in respect of bush fire hazard reduction work to be carried out on private land by a person other than the Commissioner or a local authority is— (a) the local authority of the area in which the land is situated, or (b) the Commissioner. (2) The certifying authority for a bush fire hazard reduction certificate in respect of bush fire hazard reduction work to be carried out— (a) on any land by the Commissioner—is the Commissioner, (b) on any land by a local authority—is the local authority for the area in which the land is situated, (c) on managed land or unoccupied Crown land by a public authority—is the public authority responsible for the land. (3) If more than one bush fire hazard reduction certificate would otherwise be required for any bush fire hazard reduction work to be carried out on several parcels of adjoining land, a certifying authority in respect of any of that land is the certifying authority for the whole of the land, if the other relevant issuing or certifying authorities agree. Note. The Commissioner is, under subsection (2), a certifying authority for any land on which bush fire hazard reduction work is carried out by the Commissioner and accordingly the Commissioner can certify a single certificate without the need to obtain the agreement of other authorities. s 100E: Ins 2002 No 67, Sch 3 [11]. Am 2009 No 74, Sch 1 [17]; 2013 No 108, Sch 1 [21]. 100F Issue of bush fire hazard reduction certificates (1) An application for a bush fire hazard reduction certificate in respect of work to be carried out on private land by a person other than a local authority or the Commissioner is to be made to the issuing authority in writing in accordance with the regulations (if any). (2) An application may be made— (a) by any owner or occupier of the private land, or (b) if the work is to be carried out on the private land by a public authority responsible for managed or unoccupied Crown land in the vicinity of the private land—by the public authority. (3) A single application may, with the consent of all owners or occupiers of the land concerned— (a) be made for land owned or occupied by more than one person, or (b) be made by a public authority on behalf of those owners or occupiers. (4) A bush fire hazard reduction certificate must not be issued unless— (a) a bush fire risk management plan applies to the land, and (b) the issuing authority has taken into consideration the provisions of any bush fire code applying to the land and determined which of them should be complied with in carrying out the work and whether any conditions should be imposed having regard to the code. (5) The issuing authority may determine an application— (a) by issuing a bush fire hazard reduction certificate, or (b) by refusing to issue a bush fire hazard reduction certificate. (6) A bush fire hazard reduction certificate must— (a) specify the provisions of any bush fire code applying to the land that the issuing authority has determined should be complied with in carrying out the work, and (b) specify any other conditions that have been imposed by the issuing authority having regard to that bush fire code, and (c) specify as a condition of the issue that notice be given to the fire control officer for the district in which the land is situated before the work is carried out and to any other person prescribed by the regulations, and (d) specify the period for which the bush fire hazard reduction certificate operates. (7) The determination of an application must be completed within 7 days (or such longer period as may be agreed to by the applicant) after lodgment of the application. (8) There is no right of appeal against the determination of, or a failure or refusal to determine, an application for a bush fire hazard reduction certificate. Note. If a bush fire hazard reduction certificate is not obtained, bush fire hazard reduction work may still be carried out but only if any approvals, consents or other authorisations that would have been required to be obtained but for section 100C are obtained. (9) A public authority, a local authority or the Commissioner must not charge any fee in respect of an application for, or the issue of, a bush fire hazard reduction certificate. s 100F: Ins 2002 No 67, Sch 3 [11]. Am 2009 No 74, Sch 1 [18]; 2014 No 32, Sch 1 [6]. 100G Bush fire hazard reduction certificates of certifying authorities (1) Before a certifying authority carries out any bush fire hazard reduction work on land, the certifying authority must certify— (a) that a bush fire risk management plan applies to the land, and (b) that the certifying authority has taken into consideration the provisions of any bush fire code applying to the land and determined which of them should be complied with in carrying out the work and whether any conditions should be imposed having regard to any provisions of that code, and (c) if the certifying authority is a local authority or a public authority, that the notice will be given to the fire control officer for the district in which the land is situated before the work is carried out and to any other person prescribed by the regulations. (1A) In the case of a single bush fire hazard reduction certificate certified by a certifying authority in respect of several parcels of adjoining land, as referred to in section 100E (3), a reference in subsection (1) to the certifying authority carrying out bush fire hazard reduction work on land is taken to include a reference to any authority or person carrying out the work on any of the land. (2) A bush fire hazard reduction certificate certified by a certifying authority must— (a) specify the provisions of any bush fire code applying to the land that the certifying authority has determined should be complied with in carrying out the work, and (b) specify any conditions that have been imposed by the certifying authority having regard to that bush fire code, and (c) specify the period for which the bush fire hazard reduction certificate operates. s 100G: Ins 2002 No 67, Sch 3 [11]. Am 2013 No 108, Sch 1 [22]; 2014 No 32, Sch 1 [7]. 100H Remedy and restraint for breaches of sections 100F and 100G (1) Any person may bring proceedings in the Land and Environment Court for an order to remedy or restrain a breach of section 100F or 100G, whether or not any right of that person has been or may be infringed by or as a consequence of that breach. (2) Proceedings under this section may be brought by a person on his or her own behalf or on behalf of himself or herself and on behalf of other persons (with their consent), or a body corporate or unincorporated (with the consent of its committee or other controlling or governing body), having like or common interests in those proceedings. (3) Any person on whose behalf proceedings are brought is entitled to contribute to or provide for the payment of the legal costs and expenses incurred by the person bringing the proceedings. s 100H: Ins 2002 No 67, Sch 3 [11]. 100I Duration of bush fire hazard reduction certificate A bush fire hazard reduction certificate becomes effective on the date endorsed on the certificate and operates for the period specified in the certificate. s 100I: Ins 2002 No 67, Sch 3 [11]. Am 2013 No 108, Sch 1 [23]. Subst 2014 No 32, Sch 1 [8]. Subdivision 4 Bush fire environmental assessment codes pt 4, div 8, sdiv 4: Ins 2002 No 67, Sch 3 [11]. 100J Commissioner may prepare draft codes (1) The Minister may cause to be prepared by the Commissioner for submission to the Minister a draft bush fire environmental assessment code in relation to land (other than excluded land). (2) A draft bush fire environmental assessment code may refer to, or incorporate with or without modification, a document prepared or published by a body specified in the code, as in force at a particular time or from time to time. (3) In preparing a draft bush fire environmental assessment code in relation to land, the Commissioner must have regard to— (a) the principles of ecologically sustainable development (as described by section 6 (2) of the Protection of the Environment Administration Act 1991 ), and (b) any matter likely to affect the environment by reason of the carrying out of bush fire hazard reduction works on the land that a determining authority would be required to consider under section 5.5 of the Environmental Planning and Assessment Act 1979 (but for this Division) if Part 5 of that Act were applicable to the work and the carrying out of the works were an activity within the meaning of that Part. s 100J: Ins 2002 No 67, Sch 3 [11]. Am 2018 No 59, Sch 2 [17]. 100K Consultation on draft codes (1) The Commissioner must, in preparing a draft bush fire environmental assessment code, consult with, and take into account any recommendations made by or on behalf of, the following— (a) the Secretary of the Department of Planning and Environment, (b) the Chief Executive of the Office of Environment and Heritage, (c) the Nature Conservation Council of New South Wales, (d) the NSW Farmers’ Association, (e) the Local Government and Shires Association of New South Wales, (f) the Secretary of the Department of Industry, Skills and Regional Development, (g) the Commissioner of Fire and Rescue NSW, (h) the Forestry Corporation of New South Wales, (i) the Environment Protection Authority. (2) The Commissioner may consult with such other persons or bodies as the Commissioner considers appropriate or as the Minister directs. s 100K: Ins 2002 No 67, Sch 3 [11]. Am 2009 No 74, Sch 1 [19]; 2012 No 103, Sch 2 [5]; 2013 No 108, Sch 1 [24]; 2015 No 58, Sch 3.77 [8] [9]. 100L Public participation in preparation of codes (1) The Commissioner must give public notice of and exhibit, for the purpose of receiving submissions from any interested persons, any draft bush fire environmental assessment code prepared by the Commissioner. (2) A draft bush fire environmental assessment code must be exhibited for at least 42 days. The Commissioner must exhibit with it any other matter that the Commissioner considers appropriate or necessary to better enable the draft code and its implications to be understood. (3) After considering all submissions received concerning the draft bush fire environmental assessment code, the Commissioner may amend the draft code or submit it without amendment to the Minister for approval. s 100L: Ins 2002 No 67, Sch 3 [11]. 100M Approval of code The Minister may, after consultation with the Minister for Climate Change and the Environment, the Minister for Planning and such other Ministers as the Minister considers appropriate, approve a draft bush fire environmental assessment code as a bush fire code for the purposes of this Part. s 100M: Ins 2002 No 67, Sch 3 [11]. Am 2009 No 74, Sch 1 [20]. 100N Publication, commencement and availability of codes (1) A draft bush fire environmental assessment code— (a) is to be published in the Gazette, and (b) takes effect as a bush fire environmental assessment code on the day on which it is published or, if a later day is specified in the code for that purpose, on the later day so specified. (2) The following are to be made available without charge for public inspection during normal office hours for the council of the area to which a bush fire code relates— (a) a copy of the code, (b) if the code has been amended, a copy of the code as so amended, (c) if the code refers to or incorporates any other document prepared or published by a specified body, a copy of each such document. s 100N: Ins 2002 No 67, Sch 3 [11]. 100O Amendment or revocation of codes A bush fire code may be amended or revoked by an instrument prepared, approved, publicly exhibited and published in accordance with the relevant procedures of this Part with respect to codes. s 100O: Ins 2002 No 67, Sch 3 [11]. Division 9 Vegetation clearing work pt 4, div 9: Ins 2014 No 32, Sch 1 [9]. 100P Definitions In this Division— 10/50 Vegetation Clearing Code of Practice means a code of practice under section 100Q, as in force from time to time, relating to the clearing of vegetation on land situated in a 10/50 vegetation clearing entitlement area. 10/50 vegetation clearing entitlement area means land determined by the Commissioner to be a 10/50 vegetation clearing entitlement area and identified on a map published on the NSW Rural Fire Service website. high-risk facility means a child care centre, school or hospital within the meaning of the Standard Instrument. farm shed means a building that— (a) is erected on land that is in one of the following land use zones (or in the case of land that is zoned under an environmental planning instrument other than an instrument made in the form of a Standard Instrument—a land use zone that, having regard to the objectives of the zone, has the substantial character of any of the following land use zones)— (i) RU1 Primary Production, (ii) RU2 Rural Landscape, (iii) RU4 Primary Production Small Lots, and (b) has a floor area of more than 50 square metres, and (c) is used by a primary producer wholly or substantially for a purpose associated with carrying on one or more of the following primary production businesses— (i) the cultivation or propagation of plants or fungi, or their products (including seeds, spores, fruits, grain, flowers, vegetables, tobacco, bulbs and oils), but not a plant nursery, (ii) bee keeping or aquaculture (within the meaning of the Fisheries Management Act 1994 ), (iii) the rearing or grazing of livestock, including horses, cattle, sheep, pigs, goats or poultry or other birds, for the purpose of selling the livestock or products derived from the livestock, and (d) if it is used for processing products—is used for processing products a majority of which are produced on the property on which the building is erected, and (e) is not a moveable building. residential accommodation means— (a) residential accommodation within the meaning of the Standard Instrument, and (b) tourist and visitor accommodation within the meaning of the Standard Instrument, and (c) caravans installed in caravan parks within the meaning of the Standard Instrument, and (d) manufactured homes installed in manufactured home estates within the meaning of the Local Government Act 1993 . Rural Boundary Clearing Code —see section 100RA. rural zone means each of the following land use zones under the Standard Instrument, or a zone under another instrument that is equivalent to 1 of the following zones— (a) Zone RU1 Primary Production, (b) Zone RU2 Rural Landscape, (c) Zone RU3 Forestry, (d) Zone RU4 Primary Production Small Lots, (e) Zone RU5 Village, (f) Zone RU6 Transition. Standard Instrument means the standard local environmental planning instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 . tree means a perennial woody plant that is 3 or more metres in height and that has one or more self-supporting trunks (at least one of which has a circumference at a height of 1.3 metres above the ground of more than 0.3 metres), but does not include a woody plant that is— (a) a shrub, which is a small, low growing, woody plant with multiple stems, or (b) a vine, which is a woody plant that depends on an erect substrate to grow on. s 100P: Ins 2014 No 32, Sch 1 [9]. Am 2015 No 20, Sch 1 [3]; 2020 No 37, Sch 1[23]. 100Q The 10/50 Vegetation Clearing Code of Practice (1) The Commissioner is to prepare a 10/50 Vegetation Clearing Code of Practice for the carrying out of vegetation clearing work on land situated within a 10/50 vegetation clearing entitlement area pursuant to section 100R. The Code must (without limitation) deal with the following— (a) the type of vegetation that can and cannot be cleared, including the types of trees, (b) the circumstances in which vegetation should be pruned and not entirely removed, (c) use of herbicides, (d) managing soil erosion and landslip risks, (e) protection of riparian buffer zones, (f) protection of Aboriginal and other cultural heritage, (g) protection of vegetation that the owner of the land on which vegetation clearing work may be carried out is under a legal obligation to preserve by agreement or otherwise. (2) The Commissioner may amend the 10/50 Vegetation Clearing Code of Practice from time to time. (3) The 10/50 Vegetation Clearing Code of Practice prepared under this section, including any amendment of the Code— (a) must be published in the Gazette, and (b) takes effect on the day on which it is published in the Gazette. (4) The 10/50 Vegetation Clearing Code of Practice is to be made publicly available, as soon as practicable after publication in the Gazette— (a) by publishing it on the NSW Rural Fire Service website, and (b) by providing it as a hardcopy, on request and without charge, to any owner of land situated within a 10/50 vegetation clearing entitlement area. s 100Q: Ins 2014 No 32, Sch 1 [9]. 100R Carrying out vegetation clearing work in accordance with 10/50 Vegetation Clearing Code of Practice (1) This section applies to the following buildings only— (a) a building containing habitable rooms that comprises or is part of residential accommodation or a high-risk facility (but not if there is no lawful authority for the use of those rooms as habitable rooms), (b) a building that is a farm shed (but not if there is no lawful authority for the use of the building as a farm shed). (2) The owner of land in a 10/50 vegetation clearing entitlement area may carry out any of the following vegetation clearing work on the land if the work is carried out in accordance with the requirements of this section— (a) the removal, destruction (by means other than by fire) or pruning of any vegetation (including trees or parts of trees) within 10 metres of an external wall of a building, (b) the removal, destruction (by means other than by fire) or pruning of any vegetation, except trees or parts of trees, within 50 metres of an external wall of a building. (3) Vegetation clearing work may be carried out under this section despite any requirement for a licence, approval, consent or other authorisation for the work made by the Biodiversity Conservation Act 2016 or the Environmental Planning and Assessment Act 1979 or any other Act or instrument made under an Act. (4) A tree must not be removed or destroyed under subsection (2) (a) unless part of a trunk of that tree, having a circumference at a height of 1.3 metres above the ground of more than 0.3 metres, is within 10 metres of the external wall of the building. (5) If there is no external wall of a building on land owned by a person that authorises particular vegetation clearing work under this section, the person may rely on an external wall of a building on adjoining land to authorise the clearing. However, the person must not carry out the work unless he or she has obtained the written consent to the particular vegetation clearing work of each owner of adjoining land on which there is an external wall of a building that could be used to authorise the work. Note. For example, a tree on a person’s land that is more than 10 metres away from the person’s home but that is within 10 metres of the homes of 2 neighbours could be removed under this section only if both of those neighbours provide written consent. (6) Vegetation clearing work is not authorised to be carried out under this section on land unless it is carried out by or with the authority of the owner of the land. (7) Vegetation clearing work is not authorised to be carried out under this section unless it is carried out in accordance with the 10/50 Vegetation Clearing Code of Practice. (8) The Commissioner may prescribe in the 10/50 Vegetation Clearing Code of Practice whether, for the purposes of this section, particular rooms of a building are or are not habitable and what is or is not an external wall of a building. (9) A person is not guilty of an offence under any of the following Acts merely because of the carrying out of vegetation clearing work in accordance with this section— (a) (b) Environmental Planning and Assessment Act 1979 , (c) Fisheries Management Act 1994 , (d) Heritage Act 1977 , (e) Part 5A of the Local Land Services Act 2013 , (f) Protection of the Environment Operations Act 1997 , (g) Soil Conservation Act 1938 . (10) In this section— lawful authority means development consent or other lawful authority under the Environmental Planning and Assessment Act 1979 . s 100R: Ins 2014 No 32, Sch 1 [9]. Subst 2015 No 20, Sch 1 [4]. Am 2016 No 20, Sch 4.6 [2]; 2018 No 59, Sch 2 [18]; 2020 No 37, Sch 1[24] [25]. 100RA Rural Boundary Clearing Code (1) The Minister may make a code (the Rural Boundary Clearing Code ) for the purposes of this Division. (2) Power to make the Rural Boundary Clearing Code includes power to amend or repeal the Code. (3) The Minister cannot make, amend or repeal the Rural Boundary Clearing Code except with the written agreement of all of the following Ministers— (a) the Minister for Planning and Public Spaces, (b) the Minister for Energy and Environment, (c) the Minister for Agriculture and Western New South Wales. (4) The Rural Boundary Clearing Code may make provision for or with respect to the clearing of vegetation on land in a rural zone for the purpose of bush fire hazard reduction. (5) Without limiting subsection (4), the Rural Boundary Clearing Code may make provision for or with respect to the following— (a) the type of vegetation that can and cannot be cleared, (b) specifying the manner of clearing vegetation that can be cleared, (c) requiring the consent of an owner or occupier or other person as a precondition to the clearing of vegetation, (d) the clearing of vegetation in habitats of threatened species within the meaning of the Biodiversity Conservation Act 2016 , (e) the clearing of vegetation in riparian corridors, (f) the management of soil erosion and landslip risks in connection with the clearing of vegetation, (g) the protection of Aboriginal and other cultural heritage in connection with the clearing of vegetation. (6) The Rural Boundary Clearing Code may do 1 or more of the following— (a) apply generally or be limited in its application by reference to specified exceptions or factors, (b) apply differently according to different factors of a specified kind, (c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body. (7) The Rural Boundary Clearing Code— (a) must be published in the Gazette, and (b) takes effect on the day on which it is published in the Gazette. (8) The Rural Boundary Clearing Code is to be made publicly available, as soon as practicable after publication in the Gazette, by publishing it on the NSW Rural Fire Service website. (9) The following provisions apply to the Rural Boundary Clearing Code, and to publication of the Code in the Gazette, in the same way as they apply to a statutory rule, and to publication of a statutory rule on the NSW legislation website— (a) sections 40 and 41 of the Interpretation Act 1987 , (b) section 8 of the Subordinate Legislation Act 1989 . s 100RA: Ins 2020 No 37, Sch 1[26]. 100RB Carrying out vegetation clearing work in accordance with Rural Boundary Clearing Code (1) Vegetation clearing work may be carried out on a holding under this section if all of the following apply— (a) the vegetation clearing work is carried out within 25 metres of the holding’s boundary with adjoining land, (b) the vegetation clearing work is carried out on land in a rural zone, (c) the vegetation clearing work is carried out by or with the authority of the owner of the holding, (d) the vegetation clearing work is carried out for the purpose of bush fire hazard reduction, (e) a Rural Boundary Clearing Code is in force under this Division, (f) the vegetation clearing work is carried out in accordance with the Rural Boundary Clearing Code. (2) Vegetation clearing work may be carried out under this section despite any requirement for a licence, approval, consent or other authorisation for the work made by the Biodiversity Conservation Act 2016 or the Environmental Planning and Assessment Act 1979 or any other Act or instrument made under an Act (other than the Rural Boundary Clearing Code). (3) A person is not guilty of an offence under any of the following Acts merely because of the carrying out of vegetation clearing work under this section— (a) Environmental Planning and Assessment Act 1979 , (b) Fisheries Management Act 1994 , (c) Heritage Act 1977 , (d) Part 5A of the Local Land Services Act 2013 , (e) Protection of the Environment Operations Act 1997 , (f) Soil Conservation Act 1938 . (4) To avoid doubt, this section does not limit or prevent the clearing of vegetation authorised under the Local Land Services Act 2013 . (5) In this section— holding means— (a) a parcel of land, or (b) several parcels of land (whether held under the same title or different titles, or titles of different kinds) that— (i) are contiguous with one another or are separated from one another only by a road, river, creek or other watercourse, and (ii) constitute or are worked as a single property. s 100RB: Ins 2020 No 37, Sch 1[26]. 100S Review of Division (1) The Minister is to review this Division to determine whether the policy objectives of the Division remain valid and whether the terms of the Division remain appropriate for securing those objectives. The Minister may engage persons to assist in the review. (2) The review is to be undertaken as soon as possible after the period of 2 years from the date of commencement of this Division. (3) The Minister is to report to the Premier on the outcome of the review as soon as practicable after the review is completed. s 100S: Ins 2014 No 32, Sch 1 [9].

Development of bush fire prone land and for bush fire hazard reduction pt 4, div 8: Ins 2002 No 67, Sch 3 [11]. Subdivision 1 Definitions pt 4, div 8, sdiv 1: Ins 2002 No 67, Sch 3 [11]. 100A Definitions (1) In this Division— bush fire code means a bush fire environmental assessment code in force under this Division. bush fire safety authority means an authority given by the Commissioner under section 100B and that is in force. certifying authority means a certifying authority described in section 100E. excluded land means the following— (a) land in the coastal wetlands and littoral rainforests area within the meaning of State Environmental Planning Policy (Coastal Management) 2018 , (b) any other land prescribed by the regulations. issuing authority means the issuing authority described in section 100E. managed land means land— (a) that is dedicated, or acquired for the purpose of dedication, under the Forestry Act 2012 or in respect of which the Forestry Corporation has obtained the benefit of a forestry right within the meaning of Division 4 of Part 6 of the Conveyancing Act 1919 , or (b) that is dedicated or reserved, or acquired for the purpose of dedication or reservation, under the National Parks and Wildlife Act 1974 , or (c) that is vested in, or under the control of, Transport for NSW, Sydney Metro, Transport Asset Manager of New South Wales or Residual Transport Corporation of New South Wales, or (d) that is within the catchment area of a water authority. private land means land other than managed land and unoccupied Crown land. (2) Expressions used in this Division that are used in the Environmental Planning and Assessment Act 1979 have the meanings set out in that Act. s 100A: Ins 2002 No 67, Sch 3 [11]. Am 2003 No 96, Sch 3.16 [2]; 2007 No 22, Sch 5.11 [2]; 2011 No 41, Sch 5.51; 2012 No 96, Sch 4.37 [2]; 2017 No 12, Sch 1.18 [2]; 2018 No 18, Sch 2.16 [2]; 2018 No 59, Sch 2 [15]; 2020 No 30, Sch 4.91; 2024 No 58, Sch 2.5. Subdivision 2 Bush fire prone land pt 4, div 8, sdiv 2: Ins 2002 No 67, Sch 3 [11]. 100B Bush fire safety authorities (1) The Commissioner may issue a bush fire safety authority for— (a) a subdivision of bush fire prone land that could lawfully be used for residential or rural residential purposes, or (b) development of bush fire prone land for a special fire protection purpose. (2) A bush fire safety authority authorises development for a purpose referred to in subsection (1) to the extent that it complies with standards regarding setbacks, provision of water supply and other matters considered by the Commissioner to be necessary to protect persons, property or the environment from danger that may arise from a bush fire. (3) A person must obtain such a bush fire safety authority before developing bush fire prone land for a purpose referred to in subsection (1). (4) Application for a bush fire safety authority is to be made to the Commissioner in accordance with the regulations. (5) Development to which subsection (1) applies— (a) does not include the carrying out of internal alterations to any building, and (a1) does not include the carrying out of any development excluded from the operation of this section by the regulations, and (b) is not complying development for the purposes of the Environmental Planning and Assessment Act 1979 , despite any environmental planning instrument. (6) In this section— special fire protection purpose means the purpose of the following— (a) a school, (b) a child care centre, (c) a hospital (including a hospital for the mentally ill or mentally disordered), (d) a hotel, motel or other tourist accommodation, (e) a building wholly or principally used as a home or other establishment for mentally incapacitated persons, (f) seniors housing within the meaning of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 , (g) a group home within the meaning of State Environmental Planning Policy No 9—Group Homes , (h) a retirement village, (i) any other purpose prescribed by the regulations. s 100B: Ins 2002 No 67, Sch 3 [11]. Am 2005 No 43, Sch 7.16; 2007 No 82, Sch 2.16. Subdivision 3 Bush fire hazard reduction pt 4, div 8, sdiv 3: Ins 2002 No 67, Sch 3 [11]. 100C Carrying out bush fire hazard reduction work (1) An environmental planning instrument under the Environmental Planning and Assessment Act 1979 cannot prohibit, require development consent for or otherwise restrict the doing of— (a) emergency bush fire hazard reduction work on any land, or (b) managed bush fire hazard reduction work on land other than excluded land. (2) Part 5 of the Environmental Planning and Assessment Act 1979 does not apply to or in respect of emergency bush fire hazard reduction work carried out on any land. (3) Part 5 of the Environmental Planning and Assessment Act 1979 does not apply to or in respect of managed bush fire hazard reduction work carried out on land other than excluded land if— (a) the work is carried out in accordance with a bush fire risk management plan that applies to the land, and (b) there is a bush fire hazard reduction certificate in force in respect of the work and the work is carried out in accordance with any conditions specified in the certificate, and (c) the work is carried out in accordance with the provisions of a bush fire code applying to the land specified in the certificate. Note. If work to which Part 5 of the Environmental Planning and Assessment Act 1979 would apply but for this subsection is not carried out in accordance with this subsection, the person carrying out the work will be in breach of that Act. (4) Bush fire hazard reduction work may be carried out on land despite any requirement for a licence, approval, consent or other authorisation for the work made by the Biodiversity Conservation Act 2016 , the National Parks and Wildlife Act 1974 or any other Act or instrument made under an Act only if— (a) the work is carried out in accordance with a bush fire risk management plan that applies to the land, and (b) there is a bush fire hazard reduction certificate in force in respect of the work and the work is carried out in accordance with any conditions specified in the certificate, and (c) the work is carried out in accordance with the provisions of any bush fire code applying to the land specified in the certificate. (5) A person is not guilty of an offence under any of the following Acts merely because of the carrying out of bush fire hazard reduction work in accordance with subsection (4)— (a) (b) Environmental Planning and Assessment Act 1979 , (c) Fisheries Management Act 1994 , (d) Heritage Act 1977 , (e) Part 5A of the Local Land Services Act 2013 , (f) Protection of the Environment Operations Act 1997 , (g) Soil Conservation Act 1938 . Note. Failure to comply with subsection (4) (a), (b) and (c) when carrying out bush fire hazard reduction work may expose a person to offences under the Acts referred to above. (6) Bush fire hazard reduction work carried out in accordance with a bush fire hazard reduction notice on a neighbourhood safer place or land adjacent to a neighbourhood safer place is deemed to be emergency bush fire hazard reduction work for the purposes of this section. s 100C: Ins 2002 No 67, Sch 3 [11]. Am 2004 No 55, Sch 1.37; 2010 No 130, Sch 1 [6]; 2012 No 96, Sch 4.37 [3]; 2015 No 20, Sch 1 [1] [2]; 2016 No 20, Sch 4.6 [1]; 2016 No 63, Sch 11.9 [2]; 2018 No 59, Sch 2 [16]. 100D What is a bush fire hazard reduction certificate? A bush fire hazard reduction certificate is a certificate that authorises the carrying out of bush fire hazard reduction work on land in accordance with— (a) a bush fire risk management plan that applies to the land, and (b) the provisions of any bush fire code applying to the land specified in the certificate, and (c) any conditions specified in the certificate. s 100D: Ins 2002 No 67, Sch 3 [11]. 100E Issuing and certifying authorities (1) The issuing authority for a bush fire hazard reduction certificate in respect of bush fire hazard reduction work to be carried out on private land by a person other than the Commissioner or a local authority is— (a) the local authority of the area in which the land is situated, or (b) the Commissioner. (2) The certifying authority for a bush fire hazard reduction certificate in respect of bush fire hazard reduction work to be carried out— (a) on any land by the Commissioner—is the Commissioner, (b) on any land by a local authority—is the local authority for the area in which the land is situated, (c) on managed land or unoccupied Crown land by a public authority—is the public authority responsible for the land. (3) If more than one bush fire hazard reduction certificate would otherwise be required for any bush fire hazard reduction work to be carried out on several parcels of adjoining land, a certifying authority in respect of any of that land is the certifying authority for the whole of the land, if the other relevant issuing or certifying authorities agree. Note. The Commissioner is, under subsection (2), a certifying authority for any land on which bush fire hazard reduction work is carried out by the Commissioner and accordingly the Commissioner can certify a single certificate without the need to obtain the agreement of other authorities. s 100E: Ins 2002 No 67, Sch 3 [11]. Am 2009 No 74, Sch 1 [17]; 2013 No 108, Sch 1 [21]. 100F Issue of bush fire hazard reduction certificates (1) An application for a bush fire hazard reduction certificate in respect of work to be carried out on private land by a person other than a local authority or the Commissioner is to be made to the issuing authority in writing in accordance with the regulations (if any). (2) An application may be made— (a) by any owner or occupier of the private land, or (b) if the work is to be carried out on the private land by a public authority responsible for managed or unoccupied Crown land in the vicinity of the private land—by the public authority. (3) A single application may, with the consent of all owners or occupiers of the land concerned— (a) be made for land owned or occupied by more than one person, or (b) be made by a public authority on behalf of those owners or occupiers. (4) A bush fire hazard reduction certificate must not be issued unless— (a) a bush fire risk management plan applies to the land, and (b) the issuing authority has taken into consideration the provisions of any bush fire code applying to the land and determined which of them should be complied with in carrying out the work and whether any conditions should be imposed having regard to the code. (5) The issuing authority may determine an application— (a) by issuing a bush fire hazard reduction certificate, or (b) by refusing to issue a bush fire hazard reduction certificate. (6) A bush fire hazard reduction certificate must— (a) specify the provisions of any bush fire code applying to the land that the issuing authority has determined should be complied with in carrying out the work, and (b) specify any other conditions that have been imposed by the issuing authority having regard to that bush fire code, and (c) specify as a condition of the issue that notice be given to the fire control officer for the district in which the land is situated before the work is carried out and to any other person prescribed by the regulations, and (d) specify the period for which the bush fire hazard reduction certificate operates. (7) The determination of an application must be completed within 7 days (or such longer period as may be agreed to by the applicant) after lodgment of the application. (8) There is no right of appeal against the determination of, or a failure or refusal to determine, an application for a bush fire hazard reduction certificate. Note. If a bush fire hazard reduction certificate is not obtained, bush fire hazard reduction work may still be carried out but only if any approvals, consents or other authorisations that would have been required to be obtained but for section 100C are obtained. (9) A public authority, a local authority or the Commissioner must not charge any fee in respect of an application for, or the issue of, a bush fire hazard reduction certificate. s 100F: Ins 2002 No 67, Sch 3 [11]. Am 2009 No 74, Sch 1 [18]; 2014 No 32, Sch 1 [6]. 100G Bush fire hazard reduction certificates of certifying authorities (1) Before a certifying authority carries out any bush fire hazard reduction work on land, the certifying authority must certify— (a) that a bush fire risk management plan applies to the land, and (b) that the certifying authority has taken into consideration the provisions of any bush fire code applying to the land and determined which of them should be complied with in carrying out the work and whether any conditions should be imposed having regard to any provisions of that code, and (c) if the certifying authority is a local authority or a public authority, that the notice will be given to the fire control officer for the district in which the land is situated before the work is carried out and to any other person prescribed by the regulations. (1A) In the case of a single bush fire hazard reduction certificate certified by a certifying authority in respect of several parcels of adjoining land, as referred to in section 100E (3), a reference in subsection (1) to the certifying authority carrying out bush fire hazard reduction work on land is taken to include a reference to any authority or person carrying out the work on any of the land. (2) A bush fire hazard reduction certificate certified by a certifying authority must— (a) specify the provisions of any bush fire code applying to the land that the certifying authority has determined should be complied with in carrying out the work, and (b) specify any conditions that have been imposed by the certifying authority having regard to that bush fire code, and (c) specify the period for which the bush fire hazard reduction certificate operates. s 100G: Ins 2002 No 67, Sch 3 [11]. Am 2013 No 108, Sch 1 [22]; 2014 No 32, Sch 1 [7]. 100H Remedy and restraint for breaches of sections 100F and 100G (1) Any person may bring proceedings in the Land and Environment Court for an order to remedy or restrain a breach of section 100F or 100G, whether or not any right of that person has been or may be infringed by or as a consequence of that breach. (2) Proceedings under this section may be brought by a person on his or her own behalf or on behalf of himself or herself and on behalf of other persons (with their consent), or a body corporate or unincorporated (with the consent of its committee or other controlling or governing body), having like or common interests in those proceedings. (3) Any person on whose behalf proceedings are brought is entitled to contribute to or provide for the payment of the legal costs and expenses incurred by the person bringing the proceedings. s 100H: Ins 2002 No 67, Sch 3 [11]. 100I Duration of bush fire hazard reduction certificate A bush fire hazard reduction certificate becomes effective on the date endorsed on the certificate and operates for the period specified in the certificate. s 100I: Ins 2002 No 67, Sch 3 [11]. Am 2013 No 108, Sch 1 [23]. Subst 2014 No 32, Sch 1 [8]. Subdivision 4 Bush fire environmental assessment codes pt 4, div 8, sdiv 4: Ins 2002 No 67, Sch 3 [11]. 100J Commissioner may prepare draft codes (1) The Minister may cause to be prepared by the Commissioner for submission to the Minister a draft bush fire environmental assessment code in relation to land (other than excluded land). (2) A draft bush fire environmental assessment code may refer to, or incorporate with or without modification, a document prepared or published by a body specified in the code, as in force at a particular time or from time to time. (3) In preparing a draft bush fire environmental assessment code in relation to land, the Commissioner must have regard to— (a) the principles of ecologically sustainable development (as described by section 6 (2) of the Protection of the Environment Administration Act 1991 ), and (b) any matter likely to affect the environment by reason of the carrying out of bush fire hazard reduction works on the land that a determining authority would be required to consider under section 5.5 of the Environmental Planning and Assessment Act 1979 (but for this Division) if Part 5 of that Act were applicable to the work and the carrying out of the works were an activity within the meaning of that Part. s 100J: Ins 2002 No 67, Sch 3 [11]. Am 2018 No 59, Sch 2 [17]. 100K Consultation on draft codes (1) The Commissioner must, in preparing a draft bush fire environmental assessment code, consult with, and take into account any recommendations made by or on behalf of, the following— (a) the Secretary of the Department of Planning and Environment, (b) the Chief Executive of the Office of Environment and Heritage, (c) the Nature Conservation Council of New South Wales, (d) the NSW Farmers’ Association, (e) the Local Government and Shires Association of New South Wales, (f) the Secretary of the Department of Industry, Skills and Regional Development, (g) the Commissioner of Fire and Rescue NSW, (h) the Forestry Corporation of New South Wales, (i) the Environment Protection Authority. (2) The Commissioner may consult with such other persons or bodies as the Commissioner considers appropriate or as the Minister directs. s 100K: Ins 2002 No 67, Sch 3 [11]. Am 2009 No 74, Sch 1 [19]; 2012 No 103, Sch 2 [5]; 2013 No 108, Sch 1 [24]; 2015 No 58, Sch 3.77 [8] [9]. 100L Public participation in preparation of codes (1) The Commissioner must give public notice of and exhibit, for the purpose of receiving submissions from any interested persons, any draft bush fire environmental assessment code prepared by the Commissioner. (2) A draft bush fire environmental assessment code must be exhibited for at least 42 days. The Commissioner must exhibit with it any other matter that the Commissioner considers appropriate or necessary to better enable the draft code and its implications to be understood. (3) After considering all submissions received concerning the draft bush fire environmental assessment code, the Commissioner may amend the draft code or submit it without amendment to the Minister for approval. s 100L: Ins 2002 No 67, Sch 3 [11]. 100M Approval of code The Minister may, after consultation with the Minister for Climate Change and the Environment, the Minister for Planning and such other Ministers as the Minister considers appropriate, approve a draft bush fire environmental assessment code as a bush fire code for the purposes of this Part. s 100M: Ins 2002 No 67, Sch 3 [11]. Am 2009 No 74, Sch 1 [20]. 100N Publication, commencement and availability of codes (1) A draft bush fire environmental assessment code— (a) is to be published in the Gazette, and (b) takes effect as a bush fire environmental assessment code on the day on which it is published or, if a later day is specified in the code for that purpose, on the later day so specified. (2) The following are to be made available without charge for public inspection during normal office hours for the council of the area to which a bush fire code relates— (a) a copy of the code, (b) if the code has been amended, a copy of the code as so amended, (c) if the code refers to or incorporates any other document prepared or published by a specified body, a copy of each such document. s 100N: Ins 2002 No 67, Sch 3 [11]. 100O Amendment or revocation of codes A bush fire code may be amended or revoked by an instrument prepared, approved, publicly exhibited and published in accordance with the relevant procedures of this Part with respect to codes. s 100O: Ins 2002 No 67, Sch 3 [11].

Definitions pt 4, div 8, sdiv 1: Ins 2002 No 67, Sch 3 [11]. 100A Definitions (1) In this Division— bush fire code means a bush fire environmental assessment code in force under this Division. bush fire safety authority means an authority given by the Commissioner under section 100B and that is in force. certifying authority means a certifying authority described in section 100E. excluded land means the following— (a) land in the coastal wetlands and littoral rainforests area within the meaning of State Environmental Planning Policy (Coastal Management) 2018 , (b) any other land prescribed by the regulations. issuing authority means the issuing authority described in section 100E. managed land means land— (a) that is dedicated, or acquired for the purpose of dedication, under the Forestry Act 2012 or in respect of which the Forestry Corporation has obtained the benefit of a forestry right within the meaning of Division 4 of Part 6 of the Conveyancing Act 1919 , or (b) that is dedicated or reserved, or acquired for the purpose of dedication or reservation, under the National Parks and Wildlife Act 1974 , or (c) that is vested in, or under the control of, Transport for NSW, Sydney Metro, Transport Asset Manager of New South Wales or Residual Transport Corporation of New South Wales, or (d) that is within the catchment area of a water authority. private land means land other than managed land and unoccupied Crown land. (2) Expressions used in this Division that are used in the Environmental Planning and Assessment Act 1979 have the meanings set out in that Act. s 100A: Ins 2002 No 67, Sch 3 [11]. Am 2003 No 96, Sch 3.16 [2]; 2007 No 22, Sch 5.11 [2]; 2011 No 41, Sch 5.51; 2012 No 96, Sch 4.37 [2]; 2017 No 12, Sch 1.18 [2]; 2018 No 18, Sch 2.16 [2]; 2018 No 59, Sch 2 [15]; 2020 No 30, Sch 4.91; 2024 No 58, Sch 2.5.

Definitions s 100A: Ins 2002 No 67, Sch 3 [11]. Am 2003 No 96, Sch 3.16 [2]; 2007 No 22, Sch 5.11 [2]; 2011 No 41, Sch 5.51; 2012 No 96, Sch 4.37 [2]; 2017 No 12, Sch 1.18 [2]; 2018 No 18, Sch 2.16 [2]; 2018 No 59, Sch 2 [15]; 2020 No 30, Sch 4.91; 2024 No 58, Sch 2.5.

(1) In this Division— bush fire code means a bush fire environmental assessment code in force under this Division. bush fire safety authority means an authority given by the Commissioner under section 100B and that is in force. certifying authority means a certifying authority described in section 100E. excluded land means the following— (a) land in the coastal wetlands and littoral rainforests area within the meaning of State Environmental Planning Policy (Coastal Management) 2018 , (b) any other land prescribed by the regulations. issuing authority means the issuing authority described in section 100E. managed land means land— (a) that is dedicated, or acquired for the purpose of dedication, under the Forestry Act 2012 or in respect of which the Forestry Corporation has obtained the benefit of a forestry right within the meaning of Division 4 of Part 6 of the Conveyancing Act 1919 , or (b) that is dedicated or reserved, or acquired for the purpose of dedication or reservation, under the National Parks and Wildlife Act 1974 , or (c) that is vested in, or under the control of, Transport for NSW, Sydney Metro, Transport Asset Manager of New South Wales or Residual Transport Corporation of New South Wales, or (d) that is within the catchment area of a water authority. private land means land other than managed land and unoccupied Crown land.

Dictionary Note. The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. In this Act— Advisory Council means the Rural Fire Service Advisory Council. approved form means a form approved for the time being by the Minister. area of a local authority means the area in relation to which the local authority exercises its functions. authorised officer of a fire fighting authority or other authority means an officer of, or person authorised to exercise functions, conferred on authorised officers under this Act by, a fire fighting authority or other authority. back burning means the application of fire to combustible matter so as to provide a fire break to control or suppress a fire or protect persons, property or the environment from an existing or imminent danger arising out of a fire, incident or other emergency. brigade member means a person shown on the register of a rural fire brigade as a member of the brigade. bush fire includes a grass fire. bush fire danger period means a period fixed by or under section 81 or 82 as a bush fire danger period. bush fire hazard complaint means a complaint under section 74A. bush fire hazard reduction certificate means a certificate referred to in section 100D. bush fire hazard reduction notice means a notice under section 66. bush fire hazard reduction work means— (a) the establishment or maintenance of fire breaks and fire trails on land, and (b) the controlled application of appropriate fire regimes or other means for the reduction or modification of available fuels within a predetermined area to mitigate against the spread of a bush fire, but does not include construction of a track or road. bush fire management plan means— (a) a plan of operations, or (b) a bush fire risk management plan, or (c) a fire access and fire trail plan. bush fire prone land has the same meaning as it has in the Environmental Planning and Assessment Act 1979 . bush fire risk management plan means a plan prepared under Division 4 of Part 3 for the purpose referred to in section 54. combat agency see section 4. combustible matter means— (a) any matter or substance capable of ignition by the application of heat, fire, flame or sparks or spontaneously, and (b) any matter or substance prescribed by the regulations as combustible matter for the purposes of this definition. Commissioner means the Commissioner of the NSW Rural Fire Service. Co-ordinating Committee means the Bush Fire Co-ordinating Committee. council means a council, county council or joint organisation within the meaning of the Local Government Act 1993 . Crown land has the same meaning as in the Crown Land Management Act 2016 . designated fire trail means a fire trail that is the subject of a direction under section 62L or an agreement under section 62M, that in each case provides for the establishment of a fire trail for the purposes of Part 3B, but does not include a registered fire trail. If the fire trail is not yet wholly or partly created, the fire trail is nevertheless taken to be a designated fire trail situated on the land concerned. emergency see section 4. 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. emergency services organisation see section 4. exercise of a function includes the performance of a duty. existing fire trail includes a former fire trail that has fallen into disuse or has been wholly or partly blocked, damaged or destroyed. financial year means the period from 1 July to the following 30 June. fire access and fire trail plan means a plan prepared under Division 4 of Part 3 for the purposes referred to in section 54A. fire brigade means a fire brigade within the meaning of the Fire and Rescue NSW Act 1989 . fire control officer means a fire control officer of the NSW Rural Fire Service. fire district means land within a fire district constituted under the Fire and Rescue NSW Act 1989 . fire fighting apparatus includes all vehicles, equipment and other things used for or in connection with the prevention or suppression of fire or the protection of life or property in case of fire. fire fighting authority means the following— (a) the Service, (b) Fire and Rescue NSW, (c) the Office of Environment and Heritage, (d) the Forestry Corporation, (e) any other body prescribed by the regulations for the purposes of this definition. fire permit means a permit issued under section 89. fire trail complaint means a complaint under section 62P. fire trail management officer means a person nominated as a fire trail management officer under section 62ZO. fire trail rectification notice means a notice under section 62Y. fire trail rectification work means work for the purpose of— (a) constructing or completing the construction of a designated fire trail in compliance with the Fire Trail Standards, or (b) bringing a designated fire trail or registered fire trail into compliance or closer compliance with the Fire Trail Standards. Fire Trail Standards means the Fire Trail Standards under section 62K. function includes a power, authority or duty. Fund means the New South Wales Rural Fire Fighting Fund. group of rural fire brigades means two or more rural fire brigades that comprise a group of rural fire brigades formed under section 15. hazard management officer means a person nominated as a hazard management officer under section 65A. insurance company see section 101. light a fire see section 85. local authority means— (a) in relation to land that is situated within an area within the meaning of the Local Government Act 1993 —the council of the area, or (b) in relation to land within the Western Division (other than land referred to in paragraph (a))—the person appointed under section 7A, or (c) in relation to Lord Howe Island—the Lord Howe Island Board. managed bush fire hazard reduction work means bush fire hazard reduction work that is carried out in accordance with a bush fire risk management plan. managed land means land that is— (a) a State forest, flora reserve or timber reserve within the meaning of the Forestry Act 2012 , or acquired for the purpose of dedication or reservation under that Act, or in respect of which the Forestry Corporation has obtained the benefit of a forestry right within the meaning of Division 4 of Part 6 of the Conveyancing Act 1919 , or (b) dedicated or reserved, or acquired for the purpose of dedication or reservation, under the National Parks and Wildlife Act 1974 , or (c) vested in, or under the control of, Rail Corporation New South Wales, Sydney Metro, Transport for NSW, Residual Transport Corporation of New South Wales, Transport Infrastructure Development Corporation or Rail Infrastructure Corporation, or (d) land within the catchment area of a water authority, or (e) other land prescribed by the regulations for the purposes of this definition. Management Committee means a Bush Fire Management Committee constituted under Part 3. members of the Service means the persons comprising the NSW Rural Fire Service. neighbourhood safer place means land or a building designated as a neighbourhood safer place under section 62C. occupier of land means— (a) the person who has the management or beneficial use of the land (whether resident on the land or not), or (b) if the land is a public reserve or park—the trustees or any person having the care, control and management of the land. officer of a rural fire brigade (or group of rural fire brigades) means the holder of a rank designated as the position of an officer by the Commissioner under section 12. officer in charge at a fire at which a rural fire brigade is present for the purpose of mitigating or suppressing the fire means— (a) the Commissioner, or (b) if the Commissioner is absent, the person for the time being in charge of the members of the rural fire brigade present at that fire. owner of land— (a) in relation to Crown land, means the Crown and includes— (i) a lessee of land from the Crown, and (ii) a person to whom the Crown has lawfully contracted to sell the land but in respect of which the purchase price or other consideration for the sale has not been received by the Crown, and (b) in relation to land other than Crown land, includes— (i) every person who jointly or severally, whether at law or in equity, is entitled to the land for any estate of freehold in possession, and (ii) every such person who is entitled to receive, or is in receipt of, or if the land were let to a tenant would be entitled to receive, the rents and profits of the land, whether as beneficial owner, trustee, mortgagee in possession, or otherwise, and (iii) in the case of land that is the subject of a strata scheme under the Strata Schemes Development Act 2015 , the owners corporation under that scheme, and (iv) in the case of land that is a community, precinct or neighbourhood parcel within the meaning of the Community Land Development Act 2021 , the association for the parcel, and (v) every person who by this Act is taken to be the owner, and (c) in relation to land subject to a mining lease under the Mining Act 1992 , the holder of the lease. plan of operations means a plan prepared under Division 4 of Part 3 for the purposes referred to in section 53. premises includes any building of any description or any part of a building and any land whether built on or not but does not include any building on, or land forming part of, managed lands. public authority means— (a) any public or local authority constituted by or under an Act other than this Act, or (b) a Public Service agency, or (c) a statutory body representing the Crown, or (d) a State owned corporation, or (e) any person prescribed by the regulations as a public authority, and in Part 4 includes an authorised network operator under the Electricity Network Assets (Authorised Transactions) Act 2015 . registered fire trail means a fire trail that is registered in the register of certified fire trails referred to in section 62O. rural fire brigade means a rural fire brigade formed under Part 2. rural fire district means a rural fire district within the meaning of Part 1. rural fire services see section 9 (4). Service means the NSW Rural Fire Service established under Part 2. Service Standards means the policy statements issued by the Commissioner under section 13 as in force from time to time. territory of a rural fire brigade or group of rural fire brigades means the territory of the brigade or group as determined under section 19. tree includes bush, shrub, scrub, timber, grass or vegetative or other material. unoccupied Crown land means Crown land that is not— (a) held under lease or licence, or (b) vested in, or under the control of, trustees. vehicle means any means of transport whether self-propelled or not, and whether used on land or water or in the air. volunteer rural fire fighters —see section 8 (3). Western Division means that part of the State that is the Western Division within the meaning of the Crown Land Management Act 2016 . Dictionary: Am 1998 No 19, Sch 2 [12] [13]; 2000 No 89, Sch 2.7 [2]; 2000 No 104, Sch 1 [31] [32]; 2002 No 67, Schs 3 [13], 4 [25] [26]; 2003 No 96, Sch 3.16 [3]; 2007 No 22, Sch 5.11 [3]; 2009 No 74, Sch 1 [25] [26]; 2010 No 130, Sch 1 [7]; 2012 No 96, Sch 4.37 [6]–[8]; 2012 No 103, Sch 2 [3] [10]; 2013 No 108, Sch 1 [26]–[28]; 2015 No 5, Sch 8.27; 2015 No 51, Sch 9.19; 2015 No 58, Sch 3.77 [13] [14]; 2016 No 41, Sch 1 [7] [8]; 2017 No 12, Sch 1.18 [3]; 2017 No 17, Sch 4.88 [3]–[6]; 2017 No 65, Sch 2.29; 2018 No 18, Sch 2.16 [3]; 2018 No 59, Sch 5.1; 2021 No 6, Sch 5.16.