New South Wales Consolidated Acts

RURAL FIRES ACT 1997 - SECT 100B

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.