New South Wales Consolidated Acts

RURAL FIRES ACT 1997 - SECT 100F

100F Issue of bush fire hazard reduction certificates

(1) An application for a bush fire hazard reduction certificate in respect of work to be carried out on private land by a person other than a local authority or the Commissioner is to be made to the issuing authority in writing in accordance with the regulations (if any).

(2) An application may be made--

(a) by any owner or occupier of the private land, or

(b) if the work is to be carried out on the private land by a public authority responsible for managed or unoccupied Crown land in the vicinity of the private land--by the public authority.

(3) A single application may, with the consent of all owners or occupiers of the land concerned--

(a) be made for land owned or occupied by more than one person, or

(b) be made by a public authority on behalf of those owners or occupiers.

(4) A bush fire hazard reduction certificate must not be issued unless--

(a) a bush fire risk management plan applies to the land, and

(b) the issuing authority has taken into consideration the provisions of any bush fire code applying to the land and determined which of them should be complied with in carrying out the work and whether any conditions should be imposed having regard to the code.

(5) The issuing authority may determine an application--

(a) by issuing a bush fire hazard reduction certificate, or

(b) by refusing to issue a bush fire hazard reduction certificate.

(6) A bush fire hazard reduction certificate must--

(a) specify the provisions of any bush fire code applying to the land that the issuing authority has determined should be complied with in carrying out the work, and

(b) specify any other conditions that have been imposed by the issuing authority having regard to that bush fire code, and

(c) specify as a condition of the issue that notice be given to the fire control officer for the district in which the land is situated before the work is carried out and to any other person prescribed by the regulations, and

(d) specify the period for which the bush fire hazard reduction certificate operates.

(7) The determination of an application must be completed within 7 days (or such longer period as may be agreed to by the applicant) after lodgment of the application.

(8) There is no right of appeal against the determination of, or a failure or refusal to determine, an application for a bush fire hazard reduction certificate.

Note : If a bush fire hazard reduction certificate is not obtained, bush fire hazard reduction work may still be carried out but only if any approvals, consents or other authorisations that would have been required to be obtained but for section 100C are obtained.

(9) A public authority, a local authority or the Commissioner must not charge any fee in respect of an application for, or the issue of, a bush fire hazard reduction certificate.