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.