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This is a Bill, not an Act. For current law, see the Acts databases.


RURAL FIRES AMENDMENT (VEGETATION CLEARING) BILL 2014





                                     New South Wales




Rural Fires Amendment (Vegetation
Clearing) Bill 2014

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill
The objects of this Bill are as follows:
(a) to amend the Rural Fires Act 1997 to make provision for vegetation clearing work to be
      carried out in certain areas near residential accommodation or high-risk facilities to reduce
      bush fire risk,
(b) to make other miscellaneous and consequential amendments to the Rural Fires Act 1997
      and the National Parks and Wildlife Act 1974.

Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to be appointed
by proclamation.

Schedule 1             Amendment of Rural Fires Act 1997 No 65
Schedule 1 [1]-[3] make amendments consequent on the enactment of the Government Sector
Employment Act 2013.
Schedule 1 [4] updates the membership of the Bush Fire Co-ordinating Committee.
Schedule 1 [5] makes a consequential amendment to the note to Part 4.




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Rural Fires Amendment (Vegetation Clearing) Bill 2014 [NSW]
Explanatory note



Schedule 1 [6] and [7] provide that all bush fire hazard reduction certificates must specify the
period for which the certificate operates.
Schedule 1 [8] provides that a bush fire hazard reduction certificate becomes effective on the date
endorsed on it and operates for the period specified in it. Currently, a certificate operates only for
a period of 12 months or, in some cases, 3 years.
Schedule 1 [9] inserts Division 9 into Part 4 to authorise vegetation clearing work to be carried
out in certain areas near residential accommodation or high-risk facilities to reduce bush fire risk.
The proposed Division provides that the owner of land situated within a 10/50 vegetation clearing
entitlement area may carry out certain vegetation clearing work on that land despite any
requirement for an approval, consent or other authorisation for the work made by other legislation.
The Commissioner of the NSW Rural Fire Service is to determine what land is a 10/50 vegetation
clearing entitlement area and identify this land on a map published on the NSW Rural Fire
Service website.
The vegetation clearing work that can be carried out is the removal, destruction (by means other
than by fire) or pruning of:
(a) any vegetation (including trees or parts of trees) within 10 metres of an external wall of a
      building containing habitable rooms that comprises or is part of residential accommodation
      or a high-risk facility, and
(b) any vegetation, except for trees or parts of trees, within 50 metres of an external wall of a
      building containing habitable rooms that comprises or is part of residential accommodation
      or a high-risk facility.
The vegetation clearing work must be carried out in accordance with the 10/50 Vegetation
Clearing Code of Practice, which is to be prepared by the Commissioner and is to deal, at a
minimum, with the matters listed in proposed section 100Q (1). In addition, the Code is to be
published in the Gazette and made publicly available.
For the purposes of calculating the relevant 10 or 50 metres within which vegetation can be
cleared, it does not matter whether the residential accommodation or high-risk facility is located
on the owner's land or on adjoining land.
The Minister is to review the proposed Division after it has been in operation for 2 years and report
to the Premier on the outcome of the review.

Schedule 2             Amendment of National Parks and Wildlife Act
                       1974 No 80
Schedule 2 [1] and [2] expand the exemptions from the offences of harming or picking, or
damaging the habitat of, threatened species, endangered populations or endangered ecological
communities to exempt anything done in the course of carrying out vegetation clearing work
under proposed section 100R of the Rural Fires Act 1997. However, any such exemption is subject
to compliance with the 10/50 Vegetation Clearing Code of Practice (which will place limitations
on the clearing of any such species, populations or communities).




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                                                                             First print




                                  New South Wales




Rural Fires Amendment (Vegetation
Clearing) Bill 2014
Contents
                                                                                  Page


              1    Name of Act                                                       2
              2    Commencement                                                      2
     Schedule 1    Amendment of Rural Fires Act 1997 No 65                           3
     Schedule 2    Amendment of National Parks and Wildlife Act 1974 No 80           7




b2013-184-58.d20
                                    New South Wales




Rural Fires Amendment (Vegetation
Clearing) Bill 2014

No     , 2014


A Bill for
An Act to amend the Rural Fires Act 1997 in relation to vegetation clearing work in certain areas
and bush fire hazard reduction certificates; and for other purposes.
Rural Fires Amendment (Vegetation Clearing) Bill 2014 [NSW]




The Legislature of New South Wales enacts:                                           1

  1   Name of Act                                                                    2

             This Act is the Rural Fires Amendment (Vegetation Clearing) Act 2014.   3

  2   Commencement                                                                   4

             This Act commences on a day or days to be appointed by proclamation.    5




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Rural Fires Amendment (Vegetation Clearing) Bill 2014 [NSW]
Schedule 1 Amendment of Rural Fires Act 1997 No 65



Schedule 1             Amendment of Rural Fires Act 1997 No 65                                         1

[1]    Section 47 Membership and procedure of Bush Fire Co-ordinating Committee                        2

       Omit "member of staff of" wherever occurring in section 47 (1) (b)-(d) and (l).                 3

       Insert instead "person employed in".                                                            4

[2]    Section 47 (1) (c)                                                                              5

       Omit "members of staff of". Insert instead "persons employed in".                               6

[3]    Section 47 (1) (c)                                                                              7

       Omit "Director-General". Insert instead "Secretary".                                            8

[4]    Section 47 (1) (k)                                                                              9

       Omit the paragraph. Insert instead:                                                            10
                    (k) a person employed in the Ministry for Police and Emergency Services           11
                         nominated by the Minister for Police and Emergency Services,                 12

[5]    Part 4 Bush fire prevention                                                                    13

       Insert "and vegetation clearing work" after "bush fire hazard reduction work" in the note to   14
       Part 4.                                                                                        15

[6]    Section 100F Issue of bush fire hazard reduction certificates                                  16

       Insert at the end of section 100F (6) (c):                                                     17
                            , and                                                                     18
                      (d) specify the period for which the bush fire hazard reduction certificate     19
                            operates.                                                                 20

[7]    Section 100G Bush fire hazard reduction certificates of certifying authorities                 21

       Insert at the end of section 100G (2) (b):                                                     22
                            , and                                                                     23
                      (c) specify the period for which the bush fire hazard reduction certificate     24
                            operates.                                                                 25

[8]    Section 100I                                                                                   26

       Omit the section. Insert instead:                                                              27

      100I   Duration of bush fire hazard reduction certificate                                       28

                    A bush fire hazard reduction certificate becomes effective on the date            29
                    endorsed on the certificate and operates for the period specified in the          30
                    certificate.                                                                      31




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Rural Fires Amendment (Vegetation Clearing) Bill 2014 [NSW]
Schedule 1 Amendment of Rural Fires Act 1997 No 65


[9]    Part 4, Division 9                                                                              1
       Insert after Division 8:                                                                        2

       Division 9           Vegetation clearing work                                                   3

      100P   Definitions                                                                               4

                    In this Division:                                                                  5
                    10/50 Vegetation Clearing Code of Practice means a code of practice under          6
                    section 100Q, as in force from time to time, relating to the clearing of           7
                    vegetation on land situated in a 10/50 vegetation clearing entitlement area.       8
                    10/50 vegetation clearing entitlement area means land determined by the            9
                    Commissioner to be a 10/50 vegetation clearing entitlement area and               10
                    identified on a map published on the NSW Rural Fire Service website.              11
                    high-risk facility means a child care centre, school or hospital within the       12
                    meaning of the Standard Instrument.                                               13
                    residential accommodation means:                                                  14
                     (a) residential accommodation within the meaning of the Standard                 15
                           Instrument, and                                                            16
                    (b) tourist and visitor accommodation within the meaning of the Standard          17
                           Instrument, and                                                            18
                     (c) caravans installed in caravan parks within the meaning of the Standard       19
                           Instrument, and                                                            20
                    (d) manufactured homes installed in manufactured home estates within the          21
                           meaning of the Local Government Act 1993.                                  22
                    Standard Instrument means the standard local environmental planning               23
                    instrument prescribed by the Standard Instrument (Local Environmental             24
                    Plans) Order 2006.                                                                25
                    tree means a perennial woody plant having a single stem or trunk and which        26
                    is 3 or more metres in height and the trunk of which has a circumference at a     27
                    height of 1.3 metres above the ground of more than 0.3 metre. A tree does not     28
                    include a shrub, which is a small, low growing, woody plant with multiple         29
                    stems, nor a vine, which is a woody plant that depends on an erect substrate to   30
                    grow on.                                                                          31

      100Q   The 10/50 Vegetation Clearing Code of Practice                                           32

              (1)   The Commissioner is to prepare a 10/50 Vegetation Clearing Code of Practice       33
                    for the carrying out of vegetation clearing work on land situated within a        34
                    10/50 vegetation clearing entitlement area pursuant to section 100R. The Code     35
                    must (without limitation) deal with the following:                                36
                     (a) the type of vegetation that can and cannot be cleared, including the         37
                           types of trees,                                                            38
                    (b) the circumstances in which vegetation should be pruned and not entirely       39
                           removed,                                                                   40
                     (c) use of herbicides,                                                           41
                    (d) managing soil erosion and landslip risks,                                     42
                     (e) protection of riparian buffer zones,                                         43
                     (f) protection of Aboriginal and other cultural heritage,                        44




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Rural Fires Amendment (Vegetation Clearing) Bill 2014 [NSW]
Schedule 1 Amendment of Rural Fires Act 1997 No 65



                    (g)   protection of vegetation that the owner of the land on which vegetation       1
                          clearing work may be carried out is under a legal obligation to preserve      2
                          by agreement or otherwise.                                                    3

             (2)    The Commissioner may amend the 10/50 Vegetation Clearing Code of                    4
                    Practice from time to time.                                                         5

             (3)    The 10/50 Vegetation Clearing Code of Practice prepared under this section,         6
                    including any amendment of the Code:                                                7
                     (a) must be published in the Gazette, and                                          8
                    (b) takes effect on the day on which it is published in the Gazette.                9

             (4)    The 10/50 Vegetation Clearing Code of Practice is to be made publicly              10
                    available, as soon as practicable after publication in the Gazette:                11
                    (a) by publishing it on the NSW Rural Fire Service website, and                    12
                    (b) by providing it as a hardcopy, on request and without charge, to any           13
                          owner of land situated within a 10/50 vegetation clearing entitlement        14
                          area.                                                                        15

    100R     Carrying out vegetation clearing work                                                     16

             (1)    The owner of land situated within a 10/50 vegetation clearing entitlement area     17
                    may carry out any of the following vegetation clearing work on that land           18
                    despite any requirement for an approval, consent or other authorisation for the    19
                    work made by the Native Vegetation Act 2003 or the Environmental Planning          20
                    and Assessment Act 1979 or any other Act or instrument made under an Act:          21
                     (a) the removal, destruction (by means other than by fire) or pruning of any      22
                           vegetation (including trees or parts of trees) within 10 metres,            23
                    (b) the removal, destruction (by means other than by fire) or pruning of any       24
                           vegetation, except for trees or parts of trees, within 50 metres,           25
                    of an external wall of a building containing habitable rooms that comprises or     26
                    is part of residential accommodation or a high-risk facility.                      27

             (2)    Vegetation clearing work carried out pursuant to subsection (1) must be            28
                    carried out in accordance with the 10/50 Vegetation Clearing Code of Practice.     29

             (3)    It does not matter whether the residential accommodation or high-risk facility     30
                    is located on the owner's land or on adjoining land.                               31

             (4)    Vegetation clearing work on any land may only be carried out pursuant to           32
                    subsection (1) by or with the authority of the owner of the land.                  33

             (5)    This section does not apply to a building containing habitable rooms if there is   34
                    no development consent or other lawful authority under the Environmental           35
                    Planning and Assessment Act 1979 for the use of those rooms as habitable           36
                    rooms.                                                                             37

             (6)    The Commissioner may prescribe in the 10/50 Vegetation Clearing Code of            38
                    Practice whether particular rooms of a building are or are not habitable and       39
                    what is or is not an external wall of a building.                                  40

    100S     Review of Division                                                                        41

             (1)    The Minister is to review this Division to determine whether the policy            42
                    objectives of the Division remain valid and whether the terms of the Division      43
                    remain appropriate for securing those objectives. The Minister may engage          44
                    persons to assist in the review.                                                   45




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Rural Fires Amendment (Vegetation Clearing) Bill 2014 [NSW]
Schedule 1 Amendment of Rural Fires Act 1997 No 65



             (2)    The review is to be undertaken as soon as possible after the period of 2 years   1
                    from the date of commencement of this Division.                                  2

             (3)    The Minister is to report to the Premier on the outcome of the review as soon    3
                    as practicable after the review is completed.                                    4




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Rural Fires Amendment (Vegetation Clearing) Bill 2014 [NSW]
Schedule 2 Amendment of National Parks and Wildlife Act 1974 No 80



Schedule 2            Amendment of National Parks and Wildlife Act                              1
                      1974 No 80                                                                2

[1]   Section 118A Harming or picking threatened species, endangered populations or             3
      endangered ecological communities                                                         4

      Insert "or vegetation clearing work under section 100R of that Act" after "applies" in    5
      section 118A (3B).                                                                        6

[2]   Section 118D Damage to habitat of threatened species, endangered populations or           7
      endangered ecological communities                                                         8

      Insert "or vegetation clearing work under section 100R of that Act" after "applies" in    9
      section 118D (2B).                                                                       10




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