Fire Break & Fuel Load Notice 2016/17

Fires

Bushfire Act 1954 Section 33(1)
Download Fire Breaks Notice (as shown below)

Notice to Owners and/or Occupiers of land situated within the Shire of Kalamunda.

As a measure to assist in the control of bushfires and pursuant to the powers contained in section 33 of the Bushfires Act 1954 (as amended), as the property owner or occupier of land within the Shire of Kalamunda, you are hereby required on or before 1 November 2016, or within 14 days of becoming an owner or occupier of land if after that date, to comply with the requirements set out in this notice.

The applicable works outlined below, other than the requirements set out in Part 10 of this notice, must be completed before 1 November 2016 and maintained up to and including 31 March 2017. The requirements set out in Part 10 of this notice will apply from 1 October 2016 until 30 September 2017.

PERSONS WHO FAIL TO COMPLY WITH THE REQUIREMENTS OF THE ORDER MAY BE ISSUED WITH AN INFRINGEMENT NOTICE PENALTY ($250.00) OR PROSECUTED WITH AN INCREASED PENALTY (MAXIMUM PENALTY $5,000). ADDITIONALLY THE SHIRE OF KALAMUNDA MAY CARRY OUT THE REQUIRED WORK AT COST TO THE OWNER/OCCUPIER.

1. Land with a building on it with an area greater than 5,000m²
You are required to:

  • Have all inflammable matter except living trees, shrubs, plants under cultivation and lawns, slashed, mowed or trimmed down by other means to a height no greater than 50mm across the entire property.
  • The requirement set out above will not apply until 1 January if the land is stocked and an authorised officer has, before 17 October, given written permission to allow the grass to be grazed down to a height no greater than 50mm across the entire property by 31 December.
  • Install bare earth firebreaks three (3) metres wide immediately inside and along all boundaries of land in a continuous form, including on boundaries adjacent to roads, rail and drain reserves and all public open space reserves, with all overhanging branches, trees, limbs etc. to be trimmed back from over the firebreak area to a minimum height of four (4) metres. Driveways must also be maintained to these conditions.
  • Ensure the roofs, gutters and walls of all buildings on the land are free of inflammable matter.
  • Install and maintain a building protection zone in accordance with the requirements set out in Part 11 of this notice.

2. Land with a building on it with area less than 5,000 m²
You are required to:

  • Have all inflammable matter except living trees, shrubs, plants under cultivation and lawns, slashed, mowed or trimmed down by other means to a height no greater than 50mm across the entire property.
  • Install a firebreak immediately inside all external boundaries of the property unless the property is maintained clear of inflammable matter by slashing and mowing or maintaining living garden beds or lawn.
  • Ensure the roofs, gutters and walls of all buildings on the land are free of inflammable matter.
  • Install and maintain a building protection zone in accordance with the requirements set out in Part 11 of this notice.

3. All Vacant land
You are required to:

  • Have all inflammable matter except living trees, shrubs, plants under cultivation and lawns, slashed, mowed or trimmed down by other means to a height no greater than 50mm across the entire property.
  • Install bare earth firebreaks three (3) metres wide immediately inside and along all boundaries of land in a continuous form, including on boundaries adjacent to roads, rail and drain reserves and all public open space reserves, with all overhanging branches, trees, limbs etc. to be trimmed back from over the firebreak area to a minimum height of four (4) metres. Driveways must also be maintained to these conditions.

4. Firebreak variations
If it is considered for any reason impractical to clear firebreaks as required by this Notice, or if natural features render firebreaks unnecessary, you may apply in writing to the Shire of Kalamunda or its duly authorised officers, not later than 1 October 2016, for alternative positions, or other methods of fire prevention on your land. If permission is not granted, you must comply with the requirements of the Notice.
This application must be approved by the Senior Bushfire Safety Officer to signify agreement to the variation. Until and unless the Shire or its duly authorised officer grants a variation in accordance with this Part 4, you must continue to comply with the requirements of this notice. The Chief Bush Fire Control Officer reserves the right to review and revoke any variation granted.

5. Fuel Dumps and Depots
You are required to remove all inflammable matter within 10 metres of where fuel drums, fuel ramps or fuel dumps are located, and where fuel drums, wether containing fuel or not, are stored.

6. Garden Refuse
Pursuant to the powers contained in section 24G (2) of the Bush Fires Act 1954, the Shire of Kalamunda prohibits the burning of all garden refuse within its district during the Prohibited Burning Times set out below. This prohibition applies to all persons within the Shire’s district. Failure to comply with this prohibition is an offence with a maximum penalty of $3,000.

7. Restricted and Prohibited Burning time
All Dates are inclusive
Dates may be varied due to seasonal conditions

Restricted burning Times
(PERMITS REQUIRED)
Prohibited Burning Times.
Between 1 October and 30 November in each year inclusive, and between 1 April and 31 May in each year, both dates inclusive. Between 1 December in each year and 31 March in the following year, both dates inclusive.

8. Permits to burn

  • Applications for Permits are available from the Shire of Kalamunda at no cost.
  • You must comply with all conditions imposed by the Shire or an Authorised Officer in respect of any Permit issued by the Shire.
  • Permits will not be valid on days of “very high”, “severe”, “extreme” or “catastrophic” fire danger.
  • Permits may also be revoked if in the opinion of an authorised officer the conditions are not deemed suitable for prescribed burns.

9. Additional Requirements
In addition to the requirements noted above, regardless of land size and location, the Shire of Kalamunda or its duly authorised officer may require you to undertake additional works on your property to improve access and or undertake further hazard removal and/or reduction works, where in the opinion of that authorised officer, it is to be necessary to prevent the outbreak and/or the spread of a bush fire.

10. Bushfire or Emergency Management Plans
(compliance is required throughout the year, each and every year)

  • All properties with a Fire Management Plan shall comply with the plan in its entirety.
  • Any requirements identified in a Fire Management Plan are in addition to the requirements of this notice.

11. Building Protection Zones
The Building Protection Zone for habitable buildings and related structures, as defined within this Notice, must meet the following requirements, unless varied under an approved ‘Alternative Fire Management Arrangement’ as defined within this Notice, and applies only within the boundaries of the lot on which the habitable building is situated:

  • Building Protection Zones for habitable buildings must extend a minimum of 20 metres out from any external walls of the building, attached structures, or adjacent structures within 6 metres of the habitable building.
  • On sloping ground the Building Protection Zone distance shall increase at least 1 metre for every degree in slope on the sides of the habitable building that are exposed to down slope natural vegetation.
  • Building Protection Zones must consist of non-flammable managed vegetation, reticulated lawns and gardens and other non-flammable features.
  • All grass in Building Protection Zones must be maintained to or under 5cm in height.
  • Fuel loads within Building Protection Zones must be maintained at 2 tonnes per hectare or lower.
  • The crowns of trees must be separated to create a clear separation distance between adjoining or nearby tree crowns. The separation distance between tree crowns is not required to exceed 10 metres.
  • A small group of trees within close proximity to one another may be treated as one crown provided the combined crowns do not exceed the area of a large or mature crown size for that species.
  • Trees are to be low pruned (or under pruned) to at least a height of 2 metres from ground.
  • No tree, or shrub over 2 metres high are to be within 2 metres of a habitable building.
  • Trees and shrubs over 2 metres high must not be planted in groups close to the habitable building and there must be a gap of at least 3 times the height (at maturity) of the shrub away from the habitable building.
  • There must be no tree crowns or branches hanging over habitable buildings.
  • Paths and non-flammable features must be present immediately adjacent to the habitable building.
  • Wood piles and flammable materials must be stored a safe distance from habitable buildings.

12. Hazard Reduction Burning

  • During the prohibited fire season, you cannot undertake any bush or garden refuse burning activities at any time within the Shire of Kalamunda.
  • During the restricted fire season, residents of the Shire may burn the bush for fire mitigation purposes by following the conditions of a valid permit to burn issued by an Authorised Officer.
  • During the restricted fire season only, it is permissible for owners/occupiers to undertake the burning of garden refuse (dry leaves, small branches, off cuts, etc.) in separate piles on the ground no larger than 1.0 m³ between the hours of 18:00 (6pm) and 23:00 (11pm) by complying with all the conditions of section 24F (3) in the Bush Fires Act 1954.
  • Any other methods of burning of garden refuse such as incineration shall not be undertaken within the Shire of Kalamunda.

NOTE – Restricted and Prohibited Burning Times may be varied due to seasonal changes. Any changes will be advertised in a local newspaper circulated within the Shire’s district.

Definitions:

  • Act
    Means Bush Fires Act 1954 (as amended).
    Authorised Officer: Means an officer appointed as a Shire of Kalamunda Fire Control Officer.
    Building Protection Zone: Means the area within a distance of 20 metres from a dwelling (As defined in the Residential Design Codes of WA and in AS 3959) that has a reduced bush fire fuel load, measured from the external walls within the boundaries of the lot on which the dwelling is situated.
  • Firebreak
    Means a strip or area of trafficable ground, which is at least three (3) metres wide with a minimum height of four (4) metres, which is kept and maintained totally clear of all inflammable matter. Any living or dead trees, scrub or any other material encroaching within the minimum height of the firebreak must be pruned or removed.
  • Fire Management Plan
    Means a bushfire management plan, emergency management plan or an approved Bushfire attack level (BAL) assessment that has been developed and approved by the Shire of Kalamunda to reduce and mitigate fire hazards as part of a Town Planning Scheme, subdivision approval, development approval or a building permit.
  • Habitable Buildings
    Means a dwelling, workplace, place of gathering or assembly, a building used for the storage or display of goods or produce for sale by wholesale in accordance with classes 1-9 of the Building Code of Australia. The term habitable building includes attached and adjacent structures like garages, carports, verandahs or similar roofed structures that are attached to, or within 6 metres of, the dwelling or primary building.
  • Inflammable Matter
    Means any dead or dry grass, vegetation, substance, object, thing or material that may catch fire and burn.
  • Minimum Height
    Means a continuous vertical uninterrupted line at a right angle to the horizontal line of the firebreak to a minimum height of 4 metres from the ground.
  • Permit
    Means a “Permit to Burn the Bush” as issued by an Authorised Officer under section 18 of the Bush Fires Act 1954.
  • Prohibited Fire Times
    Means the time period of each year where it is unlawful to set fire to the bush at any time.
  • Restricted Fire Times
    Means the time period of each year where it is unlawful to set fire to the bush without a valid Permit to Burn the bush issued by an Authorised Officer.
  • Trafficable
    Means to be able to travel from one point to another in a 4x4 vehicle on a clear surface, without any obstruction that may endanger fire fighters and their resources. A Firebreak is not to terminate in a dead end.

 

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