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RURAL FIRES ACT 1997 - SECT 100C

Carrying out bush fire hazard reduction work

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)--
(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.



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