South Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FIRE AND EMERGENCY SERVICES ACT 2005 - SECT 73

73—State Bushfire Management Plan

        (1)         The State Bushfire Coordination Committee must prepare and maintain a plan to be called the State Bushfire Management Plan .

        (2)         The plan is to set out principles, policies and standards for bushfire management in the State from a high-level or strategic perspective.

        (3)         The primary purpose of the plan is to identify major bushfire risks in the State and recommend appropriate action that will provide protection to life, property and the environment from the effects of bushfires.

        (4)         Without limiting subsection (2), the plan must—

            (a)         set out principles to be applied in achieving appropriate levels of hazard reduction for bushfire management; and

            (b)         outline strategies to achieve the State-wide coordination and integration of bushfire management activities; and

            (c)         set standards or requirements that must be applied or observed in the preparation and implementation of Bushfire Management Area Plans; and

            (d)         include or address other matters prescribed by the regulations or specified by the Minister after consultation with the Chief Officer of SACFS.

        (5)         The State Bushfire Coordination Committee must review the plan at least once in every 4 years.

        (6)         Subject to subsection (7), the State Bushfire Coordination Committee may amend the plan at any time.

        (7)         The State Bushfire Coordination Committee must, in relation to any proposal to create or amend the plan—

            (a)         prepare a draft of the proposal; and

            (b)         take reasonable steps to consult with—

                  (i)         the Chief Officer of SACFS; and

                  (ii)         the Chief Officer of SAMFS; and

                  (iii)         a public sector agency (within the meaning of the Public Sector Act 2009 ) designated by the Minister from time to time for the purposes of this subsection; and

                  (iv)         the LGA; and

                  (v)         the Minister responsible for the administration of the Landscape South Australia Act 2019 ; and

                  (vi)         Primary Producers SA Incorporated; and

                  (vii)         the Conservation Council of South Australia Incorporated; and

                  (viii)         any other person or body, or person or body of a class, prescribed by the regulations for the purposes of this subsection,

in relation to the proposal; and

            (c)         by public notice, give notice of the place or places at which copies of the draft are available for inspection (without charge) and purchase and invite interested persons to make written representations on the proposal within a period specified by the State Bushfire Coordination Committee.

        (8)         Subsection (7) does not apply in relation to an amendment that is being made—

            (a)         in order to ensure that the plan is consistent with any plan, policy or strategy—

                  (i)         that has been prepared, adopted or applied under another Act; and

                  (ii)         that falls within a class prescribed by the regulations for the purposes of this paragraph; or

            (b)         in order to remove or replace information in the plan that has been superseded by information that is more reliable or up-to-date; or

            (c)         in order to make a change in form; or

            (d)         in any other prescribed circumstance.

        (9)         The plan, and any amendments to the plan, have no force or effect until approved by the Minister after consultation with the Chief Officer of SACFS and the Chief Officer of SAMFS.

        (10)         The plan is an expression of policy and does not in itself affect rights or liabilities (whether of a substantive, procedural or other nature).

        (11)         A failure by the State Bushfire Coordination Committee to comply with a requirement of this section cannot be taken to affect the validity of the plan, or any other plan or instrument under this Act.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback