BUSH FIRES ACT 1954
Town of Victoria Park
2022 - 2023 Fire break notice
For the prevention and control of bush fires and diminishing the dangers resulting from bush fires
Notice to all owners and/or occupiers of land within the Town of Victoria Park.
Pursuant to the powers conferred in Section 33 of the Bush Fires Act 1954, you are required on or before the 31st October 2022, or within fourteen (14) days of the date you become the owner or occupier should this be after the 31st day of October 2022 and thereafter up to and including the 30th day of April 2023, to clear inflammable matter, on land owned and/or occupied by you in accordance with the following requirements –
1. All land which is 2000 m2 or less in area;
Remove inflammable matter from the whole of the land, except living trees and shrubs; plants under cultivation and lawn, by means of ploughing, cultivating or slashing to a height of no more than 50mm.
2. All other land within the Town of Victoria Park–
(i) Firebreaks of a minimum width and height of three metres are to be cleared immediately inside all external boundaries of the land;
(ii) Firebreaks to a minimum width of three metres and height of three metres are to be cleared immediately surrounding all buildings situated on the land; and any place where inflammable liquids and gas products are kept;
In addition to the requirements in this Fire Break Notice (Notice) Council may, by notice in writing require an owner and/or occupier to act as and when specified in the Notice with respect to anything which is upon land and which in the opinion of Council is or is likely to be conducive to the outbreak of a bush fire or the spread or extension of a bush fire.
The term “Inflammable Matter” for the purpose of this Notice includes bush (as defined in the Bush Fires Act 1954), timber, boxes, cartons, paper, rubbish and any other combustible or inflammable matter, but does not include buildings, green standing trees and bushes or growing bushes or plants in gardens or lawns.
All firebreaks must be cleared on or before 31 October in any year and thereafter maintained clear of inflammable matter up to and including 30 April in the following year.
If for any reason an owner and/or occupier considers it impractical to clear firebreaks or comply with other fire protection measures in accordance with the Notice, the owner and/or occupier may apply in writing to Council no later than 31 October in any year for a variation. If permission is not granted in writing by Council or its authorised officer, the owner and/or occupier must comply with the requirements of this Notice. Any variation granted by Council will apply only for a single Firebreak Period. A variation granted by Council shall only remain in force until 30 April in the following year.
The penalty for failing to comply with this notice is a fine of not more than $5,000.00 and a person in default is also liable whether prosecuted or not, to pay the cost of performing the work directed in this notice if it is not carried out by the owner or occupier by the date required by this Notice.
By order of Town of Victoria Park
CHIEF EXECUTIVE OFFICER