New South Wales Consolidated Acts

RURAL FIRES ACT 1997

- As at 4 June 2024 
- Act 65 of 1997 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY
   Note

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act
   4.      Definitions
   5.      Notes
   6.      Rural fire districts
   7.      Responsible local authorities in rural fire districts
   7A.     Local authority for Western Division

   PART 2 - NSW RURAL FIRE SERVICE
   Note

           Division 1 - The Service

   8.      NSW Rural Fire Service
   9.      Functions of Service

           Division 2 - The Commissioner and other staff of Service

   10.     The Commissioner and other staff
   11.     Ministerial control
   12.     Functions of Commissioner
   12A.    Entry into rural fire district service agreements
   13.     Service Standards
   14.     Delegation by Commissioner

           Division 3 - Rural fire brigades

   15.     Formation of rural fire brigades
   16.     Formation of groups of rural fire brigades
   17.     Disbandment of rural fire brigades
   18.     Area of operations and officers of rural fire brigades
   19.     Area of operations and officers of groups of rural fire brigades
   20.     Members of rural fire brigades
   21.     Functions of officers of rural fire brigades
   22.     General powers of rural fire brigade officers and others
   22A.    Power to remove persons or obstacles
   23.     Power to enter premises
   24.     Closure of streets and public places
   25.     Making premises safe
   26.     Use of water and works
   27.     Permission needed from transport authorities for exercise of certain functions
   28.     Damage to property and the environment
   29.     Notice of entry
   30.     Care to be taken
   31.     Use of force
   32.     Authority to enter premises
   33.     Voluntary work by rural fire brigade

           Division 3A - Power to enter land to investigate fires

   33A.    Object of Division
   33B.    Power to enter land up to 24 hours after fire
   33C.    Search warrants
   33D.    Functions of Commissioner that may be exercised by others

           Division 4 - Fire control officers

   34.     Deputy fire control officers
   35.     Acting fire control officer
   36.     Councillors not to be appointed as fire control officers, deputy fire control officers or acting fire control officers
   37.     Responsibilities of fire control officers and local authorities
   38.     Functions of fire control officers

           Division 5 - Command structure

   39.     Commissioner may authorise officers and members of rural fire brigades to exercise functions
   40.     Officer in charge may authorise others to exercise functions
   41.     Duty to recognise authority of officers
   42.     (Repealed)
   43.     Interstate assistance at fires

   PART 3 - CO-ORDINATED BUSH FIRE FIGHTING
   Note

           Division 1 - Co-ordination of bush fire fighting by Commissioner

   44.     Commissioner’s responsibility
   45.     Power to give directions etc
   45A.    Delegation of functions under Division

           Division 2 - Bush Fire Co-ordinating Committee

   46.     Constitution of Bush Fire Co-ordinating Committee
   47.     Membership and procedure of Bush Fire Co-ordinating Committee
   48.     Functions of Bush Fire Co-ordinating Committee
   49.     Delegation

           Division 3 - Bush Fire Management Committees

   50.     Bush Fire Management Committees
   51.     Functions of Bush Fire Management Committees

           Division 4 - Preparation of draft bush fire management plans

   52.     Bush Fire Management Committees to prepare plans
   53.     Content of draft plan of operations
   54.     Content of draft bush fire risk management plan
   54A.    Content of draft fire access and fire trail plan
   55.     General content
   56.     Failure of Management Committee

           Division 5 - Public participation in preparation of plans

   57.     Public notice of draft bush fire risk management plans
   58.     Adoption of bush fire risk management plans
   59.     Adoption of bush fire plans of operation
   59A.    Adoption of fire access and fire trail plan
   60.     Co-ordination of planning by bush fire management plans
   61.     Amendment, revocation and cessation of bush fire management plans
   62.     Bush fire management plans and draft bush fire management plans to be published on website

           Division 6 - General

   62A.    Audits of bush fire management plans

   PART 3A - NEIGHBOURHOOD SAFER PLACES

   62B.    Definitions
   62C.    Designation of neighbourhood safer places
   62D.    Commissioner to inspect neighbourhood safer places
   62E.    Removal of designation as neighbourhood safer places
   62F.    Register of neighbourhood safer places
   62G.    Neighbourhood safer places may be signposted
   62H.    Protection from personal liability for owners of neighbourhood safer places

   PART 3B - FIRE TRAILS

           Division 1 - Preliminary

   62I.    Purpose of this Part
   62J.    Definitions

           Division 2 - Fire Trail Standards

   62K.    Fire Trail Standards

           Division 3 - Directions and agreements for fire trails

   62L.    Directions for fire trails on public land
   62M.    Agreements for fire trails on private land

           Division 4 - Certification and registration of fire trails

   62N.    Certification of fire trails
   62O.    Register of certified fire trails

           Division 5 - Fire trail complaints

   62P.    Fire trail complaints
   62Q.    Who may make a fire trail complaint
   62R.    How and to whom complaints are to be made
   62S.    Investigation of complaint
   62T.    Action that may be taken by Commissioner
   62U.    Complainant to be notified of action taken

           Division 6 - Construction, maintenance and rectification work

   62V.    Application of this Division
   62W.    Construction and maintenance of fire trails
   62X.    Fire trail rectification work on unoccupied Crown land and managed land
   62Y.    Fire trail rectification notices
   62Z.    Objection to notices
   62ZA.   Appeal against notices
   62ZB.   Duties of fire trail management officer
   62ZC.   Fire trail rectification work in default of compliance with notice
   62ZD.   Defence to court proceedings
   62ZE.   Certain damage to property caused by fire trail rectification work covered by fire insurance
   62ZF.   Fire trail rectification work on damaged or destroyed fire trail

           Division 7 - Closure of designated or registered fire trails

   62ZG.   Extended meaning of closure
   62ZH.   Unauthorised closure of designated or registered fire trails
   62ZI.   Offence to close designated or registered fire trail
   62ZJ.   Termination of registration
   62ZK.   Application for termination
   62ZL.   Objection to notice
   62ZM.   Appeal against notice
   62ZN.   Dealing with part only of registered fire trail

           Division 8 - General

   62ZO.   Fire trail management officers
   62ZP.   Power to enter and inspect land
   62ZQ.   Designation and registration runs with the land

   PART 4 - BUSH FIRE PREVENTION
   Note

           Division 1 - Duty to prevent bush fires

   63.     Duties of public authorities and owners and occupiers of land to prevent bush fires
   64.     Occupiers to extinguish fires or notify fire fighting authorities

           Division 2 - Bush fire hazard reduction
           Note

   65AA.   “Owner” or “occupier” includes “public authority”
   65A.    Hazard management officers
   65.     Reduction of fire hazards on unoccupied Crown land and managed land
   66.     Bush fire hazard reduction notices
   67.     Objection to notices
   68.     Appeal against notices
   69.     Powers and duties of hazard management officer
   70.     Bush fire hazard reduction work in default of compliance with notice
   71.     Defence to court proceedings
   72.     Certain damage to property caused by bush fire hazard reduction work covered by fire insurance
   73.     Bush fire hazard reduction by Commissioner
   74.     Bush fire hazard reduction reports

           Division 2A - Bush fire hazard complaints

   74A.    Bush fire hazard complaints
   74B.    Who may make a bush fire hazard complaint
   74C.    How and to whom are complaints to be made
   74CA.   Misdirected complaints
   74D.    Investigation of complaint
   74E.    Action that may be taken by Commissioner if bush fire hazard exists
   74F.    Complainant to be notified of action taken
           74G, 74H. (Repealed)

           Division 3 - Damage by fire to dividing fences and other matters

   75.     Definitions
   76.     Notices to repair or restore dividing fences
   77.     Recovery of costs
   78.     Jurisdiction of Local Court
   79.     Entry to land to extinguish fire
   80.     (Repealed)

           Division 4 - Bush fire danger period

   81.     General bush fire danger period
   82.     Local bush fire danger period
   83.     Consultation required before local bush fire danger period declaration made
   84.     (Repealed)

           Division 5 - Permits and notice requirements

   85.     Definitions
   86.     Notice and certain authorities required before certain fires lit
   87.     Lighting fires for land clearance or fire breaks in bush fire danger period
   88.     Lighting fires that are dangerous to buildings in fire districts and rural fire districts
   89.     Issue of permits
   90.     Duration of permits
   91.     Cancellation or suspension of permits
   92.     Conditions of permit
   93.     Refusal to issue fire permit
   94.     Notice to be given of issue of fire permit
   95.     Permit not required for fires lit by public authorities
   96.     Appropriate authorities not determining authorities
   97.     Reporting requirements
   98.     Issue of permit does not affect duty to prevent bush fires

           Division 6 - Total fire bans

   99.     Total fire ban orders

           Division 7 - Offences

   99A.    Offences-discarding lighted cigarettes etc
   100.    Offences

           Division 8 - Development of bush fire prone land and for bush fire hazard reduction

              Subdivision 1 - Definitions

   100A.   Definitions

              Subdivision 2 - Bush fire prone land

   100B.   Bush fire safety authorities

              Subdivision 3 - Bush fire hazard reduction

   100C.   Carrying out bush fire hazard reduction work
   100D.   What is a bush fire hazard reduction certificate?
   100E.   Issuing and certifying authorities
   100F.   Issue of bush fire hazard reduction certificates
   100G.   Bush fire hazard reduction certificates of certifying authorities
   100H.   Remedy and restraint for breaches of sections 100F and 100G
   100I.   Duration of bush fire hazard reduction certificate

              Subdivision 4 - Bush fire environmental assessment codes

   100J.   Commissioner may prepare draft codes
   100K.   Consultation on draft codes
   100L.   Public participation in preparation of codes
   100M.   Approval of code
   100N.   Publication, commencement and availability of codes
   100O.   Amendment or revocation of codes

           Division 9 - Vegetation clearing work

   100P.   Definitions
   100Q.   The 10/50 Vegetation Clearing Code of Practice
   100R.   Carrying out vegetation clearing work in accordance with 10/50 Vegetation Clearing Code of Practice
   100RA.  Rural Boundary Clearing Code
   100RB.  Carrying out vegetation clearing work in accordance with Rural Boundary Clearing Code
   100S.   Review of Division

   PART 5 - NEW SOUTH WALES RURAL FIRE FIGHTING FUND

           Division 1 - Preliminary

   101.    Definitions

           Division 2 - The Fund

   102.    New South Wales Rural Fire Fighting Fund

           Division 3 - Estimates of rural fire brigade expenditure

   103.    Rural fire brigade funding target
   104.    Relevant councils to give information to Minister
   105.    Commissioner to assist

           Division 4 - Treasurer to contribute to Fund

   106.    Treasurer to pay contributions
   107.    Contribution payable in instalments
   108.    Rural fire brigade funding amount

           Division 5 - Councils to pay rural fire brigade contribution

   109.    Council to pay rural fire brigade contribution
   110.    Amount of contribution
   110A.   Contribution payable in instalments
   110B.   Minister to advise State Revenue Commissioner

           Division 6 - Payment of contributions by relevant councils

   111.    When instalments are to be paid
   112.    Annual assessment notice
   113.    Instalment notices
   113A.   Rural fire brigade contribution is debt payable to State Revenue Commissioner
   114.    How contribution is to be funded
   114A.   Exemptions
   114B.   Certificate evidence

           Division 6A - (Repealed)
           None

           Division 7 - Miscellaneous

   118.    Application of the Fund
   118A.   Management of unspent funds
   119.    Maintenance and disposal of fire fighting equipment purchased from Fund
   120.    Consolidated fund of councils
   121.    (Repealed)

   PART 6 - RURAL FIRE SERVICE ADVISORY COUNCIL
   Note

   122.    Establishment of Rural Fire Service Advisory Council
   123.    Membership and procedure of Advisory Council
   124.    Functions of the Advisory Council

   PART 6A - APPLICATION OF OTHER LEGISLATION

           Division 1 - Application of other legislation to emergency fire fighting acts

   124A.   Application of Environmental Planning and Assessment Act 1979
   124B.   Application of National Parks and Wildlife Act 1974
   124C.   Application of Local Government Act orders
   124D.   Application of Biodiversity Conservation Act 2016 and Part 5A of Local Land Services Act 2013

   PART 7 - MISCELLANEOUS

   125.    Act binds Crown
   126.    Councils and other bodies to furnish information to Commissioner and the Co-ordinating Committee
   127.    Liability of persons in respect of loss or damage caused by bush or other fires
   128.    Protection from liability
   129.    Commissioner may be represented at inquiry
   130.    Giving of notices
   131.    Penalty notices
   131A.   Power to require name and address
   132.    Powers of police officers to give directions
   133.    Powers affecting land near certain bush fires
   134.    Proceedings for offences
   135.    Regulations
   136.    (Repealed)
   137.    Savings and transitional provisions
   138.    NSW Bushfire Inquiry-Ministerial progress reports
   139.    Review of Bushfires Legislation Amendment Act 2020
   140.    Presentation of report if Parliament not sitting
           SCHEDULE 1
           Schedule 2 (Repealed)
           SCHEDULE 3
           Schedule 4 (Repealed)
           Dictionary