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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Bushfires Legislation Amendment Bill 2020
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Rural Fires Act 1997 No 65 3
Schedule 2 Amendment of other legislation 9
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2020
New South Wales
Bushfires Legislation Amendment Bill 2020
Act No , 2020
An Act to amend the Rural Fires Act 1997 and other legislation in response to an inquiry into the
2019-2020 bushfire season.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Bushfires Legislation Amendment Bill 2020 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Bushfires Legislation Amendment Act 2020.
2 Commencement
(1) This Act commences on the date of assent to this Act, except as provided by
subsection (2).
(2) Schedule 1[26] commences on a day to be appointed by proclamation.
Page 2
Bushfires Legislation Amendment Bill 2020 [NSW]
Schedule 1 Amendment of Rural Fires Act 1997 No 65
Schedule 1 Amendment of Rural Fires Act 1997 No 65
[1] Section 47 Membership and procedure of Bush Fire Co-ordinating Committee
Omit "14 members" from section 47(1). Insert instead "20 members".
[2] Section 47(1)(c)
Omit section 47(1)(c) and (d). Insert instead--
(c) 3 persons nominated by the Secretary of the Department of Planning,
Industry and Environment--
(i) 1 of whom is a person employed in the Energy, Climate Change
and Sustainability Division of the Department, and
(ii) 1 of whom is a person employed in the Catchment and Lands--
NSW Crown Lands Division of the Department, and
(iii) 1 of whom is a person employed in the National Parks and
Wildlife Service,
[3] Section 47(1)(e)
Omit "the Local Government and Shires Association of New South Wales".
Insert instead "Local Government NSW".
[4] Section 47(1)(h)
Omit "Minister for the Environment".
Insert instead "Minister for Energy and Environment".
[5] Section 47(1)(k)
Omit "the Ministry for Police and Emergency Services". Insert instead "Resilience NSW".
[6] Section 47(1)(m)
Insert after section 47(1)(l)--
(m) a person appointed by the Minister on the recommendation of the New
South Wales Aboriginal Land Council,
(n) a person employed in Fire and Rescue NSW nominated by the Fire
Brigade Employees Union,
(o) a person nominated by NTSCorp Limited (ACN 098 971 209),
(p) a person nominated by the Minister to promote the integrity of cultural
burning,
(q) a volunteer rural fire fighter nominated by the NSW Rural Fire Service
Association Inc,
(r) a fire fighter nominated by the Public Service Association.
[7] Section 48 Functions of Bush Fire Co-ordinating Committee
Omit "a performance audit under section 62A with respect to implementation of bush fire
risk management plans" from section 48(2A).
Insert instead "an audit under section 62A of bush fire management plans".
[8] Section 62A, heading
Omit the heading. Insert instead--
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Bushfires Legislation Amendment Bill 2020 [NSW]
Schedule 1 Amendment of Rural Fires Act 1997 No 65
62A Audits of bush fire management plans
[9] Section 62A(1)
Omit "a performance audit of the implementation of bush fire risk management plans".
Insert instead "an audit of bush fire management plans".
[10] Section 62A(2)
Omit "a performance audit". Insert instead "an audit".
[11] Section 62A(4)
Omit "performance".
[12] Section 65AA
Insert before section 65A--
65AA "Owner" or "occupier" includes "public authority"
To avoid doubt, a reference in this Division to an owner or occupier of land
includes a reference to a public authority if the land is owned or occupied by,
or vested in or under the control or management of, the public authority.
[13] Section 65A Hazard management officers
Insert at the end of the section--
(2) A hazard management officer may exercise a function under this Division in
relation to a public authority only if the officer is a member of the Service who
is of or above the rank of Superintendent.
[14] Section 66 Bush fire hazard reduction notices
Omit "(not being a public authority) of any land" from section 66(1).
Insert instead "of land".
[15] Section 66(8)
Omit the penalty. Insert instead--
Maximum penalty--
(a) for a corporation or public authority--100 penalty units, or
(b) for an individual--50 penalty units or imprisonment for 12 months.
[16] Section 73 Bush fire hazard reduction by Commissioner
Omit section 73(1)(c).
[17] Section 73(2)
Omit "subsection (1)(a)-(c)". Insert instead "subsection (1)(a) or (b)".
[18] Section 74CA
Insert after section 74C--
74CA Misdirected complaints
(1) A written communication made to a public authority (other than the relevant
local authority) that, if it were made to the Commissioner or the relevant local
authority, would be a bush fire hazard complaint relating to land owned or
Page 4
Bushfires Legislation Amendment Bill 2020 [NSW]
Schedule 1 Amendment of Rural Fires Act 1997 No 65
occupied by, or vested in or under the control or management of, the public
authority--
(a) must be referred by the public authority to the Commissioner within 14
days of receipt of the communication, and
(b) is taken to be a bush fire hazard complaint for the purposes of this
Division even though it was not made to the Commissioner or the
relevant local authority.
(2) Despite subsection (1)(b) and section 74C(4), written notice of the
communication does not need to be given to the public authority.
(3) In this section, relevant local authority means the local authority of the local
government area in which the land to which the written communication relates
is located.
[19] Section 74E Action that may be taken by Commissioner if bush fire hazard exists
Omit "(other than land for which a public authority is responsible)" from section 74E(1).
[20] Section 74E(2) and (3)
Omit the subsections.
[21] Section 75 Definitions
Omit "(other than excluded land)" from the definition of adjoining owners.
[22] Section 75, definition of "excluded land"
Omit the definition.
[23] Section 100P Definitions
Insert in alphabetical order--
Rural Boundary Clearing Code--see section 100RA.
rural zone means each of the following land use zones under the Standard
Instrument, or a zone under another instrument that is equivalent to 1 of the
following zones--
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone RU3 Forestry,
(d) Zone RU4 Primary Production Small Lots,
(e) Zone RU5 Village,
(f) Zone RU6 Transition.
[24] Section 100R, heading
Insert "in accordance with 10/50 Vegetation Clearing Code of Practice" after "work".
[25] Section 100R(9)(e)
Omit the paragraph. Insert instead--
(e) Part 5A of the Local Land Services Act 2013,
[26] Sections 100RA and 100RB
Insert after section 100R--
Page 5
Bushfires Legislation Amendment Bill 2020 [NSW]
Schedule 1 Amendment of Rural Fires Act 1997 No 65
100RA Rural Boundary Clearing Code
(1) The Minister may make a code (the Rural Boundary Clearing Code) for the
purposes of this Division.
(2) Power to make the Rural Boundary Clearing Code includes power to amend
or repeal the Code.
(3) The Minister cannot make, amend or repeal the Rural Boundary Clearing
Code except with the written agreement of all of the following Ministers--
(a) the Minister for Planning and Public Spaces,
(b) the Minister for Energy and Environment,
(c) the Minister for Agriculture and Western New South Wales.
(4) The Rural Boundary Clearing Code may make provision for or with respect to
the clearing of vegetation on land in a rural zone for the purpose of bush fire
hazard reduction.
(5) Without limiting subsection (4), the Rural Boundary Clearing Code may make
provision for or with respect to the following--
(a) the type of vegetation that can and cannot be cleared,
(b) specifying the manner of clearing vegetation that can be cleared,
(c) requiring the consent of an owner or occupier or other person as a
precondition to the clearing of vegetation,
(d) the clearing of vegetation in habitats of threatened species within the
meaning of the Biodiversity Conservation Act 2016,
(e) the clearing of vegetation in riparian corridors,
(f) the management of soil erosion and landslip risks in connection with the
clearing of vegetation,
(g) the protection of Aboriginal and other cultural heritage in connection
with the clearing of vegetation.
(6) The Rural Boundary Clearing Code may do 1 or more of the following--
(a) apply generally or be limited in its application by reference to specified
exceptions or factors,
(b) apply differently according to different factors of a specified kind,
(c) authorise any matter or thing to be from time to time determined,
applied or regulated by any specified person or body.
(7) The Rural Boundary Clearing Code--
(a) must be published in the Gazette, and
(b) takes effect on the day on which it is published in the Gazette.
(8) The Rural Boundary Clearing Code is to be made publicly available, as soon
as practicable after publication in the Gazette, by publishing it on the NSW
Rural Fire Service website.
(9) The following provisions apply to the Rural Boundary Clearing Code, and to
publication of the Code in the Gazette, in the same way as they apply to a
statutory rule, and to publication of a statutory rule on the NSW legislation
website--
(a) sections 40 and 41 of the Interpretation Act 1987,
(b) section 8 of the Subordinate Legislation Act 1989.
Page 6
Bushfires Legislation Amendment Bill 2020 [NSW]
Schedule 1 Amendment of Rural Fires Act 1997 No 65
100RB Carrying out vegetation clearing work in accordance with Rural Boundary
Clearing Code
(1) Vegetation clearing work may be carried out on a holding under this section if
all of the following apply--
(a) the vegetation clearing work is carried out within 25 metres of the
holding's boundary with adjoining land,
(b) the vegetation clearing work is carried out on land in a rural zone,
(c) the vegetation clearing work is carried out by or with the authority of
the owner of the holding,
(d) the vegetation clearing work is carried out for the purpose of bush fire
hazard reduction,
(e) a Rural Boundary Clearing Code is in force under this Division,
(f) the vegetation clearing work is carried out in accordance with the Rural
Boundary Clearing Code.
(2) Vegetation clearing work may be carried out under this section despite any
requirement for a licence, approval, consent or other authorisation for the work
made by the Biodiversity Conservation Act 2016 or the Environmental
Planning and Assessment Act 1979 or any other Act or instrument made under
an Act (other than the Rural Boundary Clearing Code).
(3) A person is not guilty of an offence under any of the following Acts merely
because of the carrying out of vegetation clearing work under this section--
(a) Environmental Planning and Assessment Act 1979,
(b) Fisheries Management Act 1994,
(c) Heritage Act 1977,
(d) Part 5A of the Local Land Services Act 2013,
(e) Protection of the Environment Operations Act 1997,
(f) Soil Conservation Act 1938.
(4) To avoid doubt, this section does not limit or prevent the clearing of vegetation
authorised under the Local Land Services Act 2013.
(5) In this section--
holding means--
(a) a parcel of land, or
(b) several parcels of land (whether held under the same title or different
titles, or titles of different kinds) that--
(i) are contiguous with one another or are separated from one
another only by a road, river, creek or other watercourse, and
(ii) constitute or are worked as a single property.
[27] Sections 138-140
Insert after section 137--
138 NSW Bushfire Inquiry--Ministerial progress reports
The Minister must cause to be laid before each House of Parliament a report
on the Government's progress in implementing all 76 recommendations of the
Final Report of the NSW Bushfire Inquiry, dated 31 July 2020, every 3 months.
Page 7
Bushfires Legislation Amendment Bill 2020 [NSW]
Schedule 1 Amendment of Rural Fires Act 1997 No 65
139 Review of Bushfires Legislation Amendment Act 2020
(1) The Minister must review the amendments made to this Act by the Bushfires
Legislation Amendment Act 2020 to determine whether the policy objectives
of the amendments remain valid and whether the terms of the amendments
remain appropriate for securing those objectives.
(2) The review must be undertaken before 30 June 2021.
(3) The Minister must cause to be laid before each House of Parliament a report
on the outcome of the review as soon as practicable after 30 June 2021.
140 Presentation of report if Parliament not sitting
(1) If a House of Parliament is not sitting when the Minister must cause to be laid
a report before it under section 138 or 139, the Minister must present the report
to the Clerk of the House concerned.
(2) The report that is presented to the Clerk of a House--
(a) is, on presentation and for all purposes, taken to have been laid before
the House, and
(b) may be printed by authority of the Clerk of the House, and
(c) if printed, is for all purposes taken to be a document published by or
under the authority of the House, and
(d) must be recorded--
(i) for the Legislative Council, in the Minutes of Proceedings of the
Legislative Council, and
(ii) for the Legislative Assembly, in the Votes and Proceedings of the
Legislative Assembly,
on the first sitting day of the House after receipt of the report by the
Clerk.
Page 8
Bushfires Legislation Amendment Bill 2020 [NSW]
Schedule 2 Amendment of other legislation
Schedule 2 Amendment of other legislation
2.1 Biodiversity Conservation Act 2016 No 63
[1] Section 2.8 Acts authorised under other legislation etc
Omit "section 100R" from section 2.8(1)(d)(ii). Insert instead "Part 4, Division 9".
[2] Section 7.2 Development or activity "likely to significantly affect threatened species"
Insert after section 7.2(2)--
(3) Subsection (1)(a) does not apply to bushfire-affected development if--
(a) the proposed development--
(i) is the reconstruction or replacement of a bushfire-affected
building or structure, and
(ii) will result in a building or structure that is the same, or
substantially the same, as the building or structure that existed
immediately before it was damaged or destroyed, and
(b) the development application for the bushfire-affected development is
made no later than 2 years after the commencement of this subsection.
(4) This subsection and subsections (3) and (5) are repealed 2 years after they
commence.
(5) In this section--
bushfire-affected building or structure means a building or structure that--
(a) was destroyed or damaged as a result of bushfire in the period starting
5 August 2019 and ending 2 March 2020, and
(b) was, immediately before it was destroyed or damaged, lawfully erected.
bushfire-affected development means proposed development involving the
erection of, or repairs to, a bushfire-affected building or structure.
2.2 Government Sector Finance Legislation (Repeal and Amendment) Act
2018 No 70
Schedule 4.91 Rural Fires Act 1997 No 65
Omit "performance" from section 62A(4) of the Rural Fires Act 1997 as substituted by
Schedule 4.91[1].
2.3 Local Land Services Act 2013 No 51
Section 60O Clearing authorised under other legislation
Omit "section 100R" from section 60O(d)(ii). Insert instead "Part 4, Division 9".
2.4 National Parks and Wildlife Act 1974 No 80
Section 188H
Insert after section 188G--
188H Assets of intergenerational significance
(1) If the Minister is satisfied that land reserved or acquired for reservation under
this Act is an environmental or cultural asset of intergenerational significance,
Page 9
Bushfires Legislation Amendment Bill 2020 [NSW]
Schedule 2 Amendment of other legislation
the Minister may, by order published in the Gazette, declare the land to be land
to which this section applies (declared land).
(2) The regulations may make provision for or with respect to action that may be
taken for the management of declared land, including protection of the land
from bush fire risks.
(3) Action authorised by regulations under this section may be taken despite any
plan of management that applies to declared land.
(4) Regulations under this section do not affect the Rural Fires Act 1997 or the
regulations under that Act.
2.5 Rural Fires Regulation 2013
Schedule 2 Penalty notice offences
Omit the matter relating to section 66(8) from Part 1. Insert instead--
Section 66(8)--
(a) for a corporation or public authority 4,400
(b) for an individual 2,200
2.6 State Emergency and Rescue Management Act 1989 No 165
Section 15 Functions of State Emergency Management Committee
Insert after section 15(c)--
(c1) to promote the continuous improvement of emergency management
policy and practice at a State level, including through consideration of
reviews and inquiries into emergency operations, exercises and training
evaluations,
Page 10
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