Fire Control Order

BUSH FIRES ACT 1954

Pursuant to the powers contained in section 33 of the Bush Fires Act 1954, all owners and occupiers of land within the Shire of Pingelly are hereby required to take, provide and/or maintain fire control measures during the firebreak period as follows:

“Excluded Area” means an area of rural land not exceeding 30ha, where it is physically impossible to install firebreaks, or where in the owner’s or occupier’s opinion, the installation of firebreaks would be detrimental to the conservation of remnant or natural vegetation or the establishment of re-afforested areas.

“Farming Land” means all land within the Shire of Pingelly zoned ‘Farming’ under the Local Planning Scheme No. 3.

“Firebreak Period” means the time between 1 November and 15 April in the following year.

“Firebreak” means ground from which all flammable material has been removed and on which no flammable material is permitted during the firebreak period.

“Flammable Material” means bush (as defined by the Bush Fires Act 1954), timber boxes, cartons, paper and the like flammable materials, rubbish and any combustible matter, but does not include buildings, standing trees or growing bushes or plants in gardens or lawns.

“Rural Residential Land” means all land within the Shire of Pingelly zoned ‘Rural Residential’ under the Local Planning Scheme No. 3.

“Townsite Land” means all land within the townsite of Pingelly not zoned as ‘Rural Residential’ under the Local Planning Scheme No. 3.

“Very High Fire Danger” means on days forecast by the Bureau of Meteorology. On days forecast as Very High Fire Danger or above, permits are to be automatically suspended.

FARMING LAND

On farming land other than excluded areas, the owner or occupier shall:-

a) Clear firebreaks not less than 3m wide:
inside all external boundaries of the land,
within 15m of the perimeter of all buildings and remove all flammable material from within the 3m of all such buildings, and

iii. so as to divide the land into areas not exceeding 400ha.

b) remove all flammable material for a continuous distance of 5m immediately surrounding every haystack, hayshed, stationary pump or engine, and
c) remove all flammable material for a continuous distance of 15m or to the external boundary of the land whichever is nearer, from around fuel depots.

Note: Landowners may use a single firebreak on a neighbour’s common fenced boundary as long as both parties agree in writing and a copy of the agreement is delivered to the Shire of Pingelly.

All excluded areas remain the owner’s or occupier’s responsibility and any variation as permitted by the Order does not render null and void any duty otherwise required by law.

TOWNSITE LAND

On townsite land, where a property or adjoining properties having the same ownership or control and are used as a single holding, the owner or occupier, shall:-

a) where the holding is under 2024m² in area have all flammable material likely to be conductive to the outbreak, spread or extension of fire removed, and the grass maintained to a height not greater than 10cm and all slashed material removed or
b) where the holding is under 2024m² in area clear by burning all flammable material likely to be conductive to the outbreak, spread or extensions of a fire from the whole of the land subject to prior approval from the Shire of Pingelly.
c) All townsite properties over 2,024m2 in area are required to be fire hazard reduced by:

i). Construction and maintenance of a 3 metre wide bare mineral earth unobstructed trafficable firebreak within 10 metres of the boundary; and

ii). Reduction of the vegetation fire hazard to a maximum height of 100mm including the removal of slashed material, unless an exemption is granted by the Chief Executive Officer in consultation with the Chief Bush Fire Control Officer/VFRS Captain and Ranger Services.

iii). Firebreak must be constructed on and contained within the property: footpaths and roads or road verges will not be accepted as firebreaks.

d) Trees, bushes, shrubs are to be trimmed back over driveways and access ways to all buildings to three (3) metres width with a clear vertical axis over it of four (4) metres. This is to afford access for emergency services to all structures and points of the property.

RURAL RESIDENTIAL LAND (including Moorumbine, Dattening, Pingelly Heights & Pingelly Townsite)

On rural residential land, where a property or adjoining properties having the same ownership or control and are used as a single holding, the owner or occupier shall:

a)Comply with the requirements of townsite land, where the holding does not exceed 2024m² in area; or
b) where the holding is over 2,024m2 in area and not greater than 10ha in area is required to be fire hazard reduced by:

i). Construction and maintenance of a 3 metre wide bare mineral earth unobstructed trafficable firebreak within 10 metres of the boundary; and

iii). Firebreak must be constructed on and contained within the property: footpaths and roads or road verges will not be accepted as firebreaks.

c)Trees, bushes, shrubs are to be trimmed back over driveways and access ways to all buildings to three (3) metres width with a clear vertical axis over it of four (4) metres. This is to afford access for emergency services to all structures and points of the property.

APPLICATION TO VARY FIREBREAK REQUIREMENTS

If it is considered impracticable to clear firebreaks or remove

flammable material from the land as required, application may be made in writing to the Council or its duly authorised officer by 1 October prior to upcoming season for permission to put in place alternative fire hazard reduction measures. If permission is not granted, the requirements of this Order shall be complied with.

The penalty for failing to comply with this notice is a fine not exceeding $250 and a person in default is also liable whether prosecuted or not to pay costs of performing the work directed in this notice if it is not carried out by the owner and/or occupier by the date required by this notice.

By Order of Council.

USE OF MOWERS & WHIPPER SNIPPER/SLASHERS DURING THE PROHIBITED BURNING PERIOD

a)Not to be used during Harvest Bans, Vehicle Movement Bans or Total Fire Bans on any area
b)Not to be used between 6.00 am to 6.00 pm from 1 November and during the rest of prohibited burning period unless on a reticulated area. ( This means the grass is “green” and non-combustible).
c)Vegetation that is not green and flammable and that can be reticulated, can be slashed between 6.00am and 6.00pm must be well watered prior to mowing, whipper snipping or slashing (that is within the hour of watering) so that there is no chance of “sparking” and must remain damp during the operation.
d)The area in an orchard that is not watered between rows if the trees are reticulated by drippers is not considered to be reticulated.
e)As an added precaution have a “watcher” on hand with a hose.
f)The use of disk or slashing type machines for agricultural purposes during the Prohibited Burning Period is to be by specific permit from the Chief Bushfire Control Officer or the Deputy CBFCO.

CONTROL OF OPERATIONS LIKELY TO CAUSE A FIRE

Property owners should take care to prevent bush fires. The operation of welding equipment and angle grinders are activities likely to create a fire danger when used in the open air. A person shall provide at least one fire extinguisher at the place where welding or cutting operations are carried out and surround this place with a firebreak which is at least five (5) metres wide.

For updates on Hot Works, Harvest and Movement of Machinery Bans please ring the information line on 9887 1265 (recorded message) or register with the SMS warning system with the Shire to receive a text when a ban is implemented.

FIREBREAKS ON ROAD RESERVES

Firebreaks are not permitted on a road reserve.

PRIMARY FIRE FIGHTING UNITS

During any period when harvesting operations are being conducted there shall be provided in the same paddock or within close proximity of that paddock, an operational independent mobile fire fighting unit having an engine driven pump and a water capacity of not less than 600 litres; the tank of the unit shall be kept full of water at all times during harvesting, and the responsibility to supply the unit is that of the landholder. Harvesting operations include the use of mobile augers and seed cleaning units.

Fire fighting trailers for fire suppression are regarded as out dated and dangerous—both to their operators and to other fire fighters on a fire ground. Their use at wild fires is not encouraged.