Fire Break and Fuel Hazard Reduction Notice 2023/2024

IMPORTANT INFORMATION RELATING TO YOUR RESPONSIBILITY AS A LANDOWNER IN THE CITY OF MANDURAH

Pursuant to the powers contained in Section 33(1) of the Bush Fires Act 1954 you are required to carry out fire prevention work on land owned or owned and occupied by you in accordance with the provisions of this Notice, to the satisfaction of Council or its duly Authorised Officers.

This work must be carried out by 17 November 2023 OR WITHIN 14 DAYS OF BECOMING THE OWNER OR OWNER OCCUPIER, SHOULD THIS BE AFTER THAT DATE and kept maintained until 31 May 2024.

Persons who fail to comply with the requirements of this Notice may be issued with an infringement notice or be prosecuted. Where the owner fails to comply with the requisitions of the Notice, Council or its duly Authorised Officers or contractors will carry out the required work at the cost of the owner or owner occupier.

In addition, you may be required to carry out further works which may be deemed necessary and specified by way of a separate written notice forwarded to the address shown on the City of Mandurah rate records for that land.If it is considered for any reason impractical to clear firebreaks as required by this Notice, or if natural features render firebreaks unnecessary, you must apply in writing to the City of Mandurah or its duly Authorised Officers, not later than 1 November 2023, for alternative positions, or other methods of fire prevention on your land.  If permission is not granted, you must comply with the requirements of this Notice.

DEFINITIONS

Where defined meanings are in accordance with the Bush Fires Act 1954. Where not defined in the Bush Fires Act 1954 and referred to in this Notice, unless the context requires otherwise meanings are:

Asset Protection Zone

Means a low fuel area immediately surrounding a building.

Authorised Officer

Means an employee of the City of Mandurah appointed as a Bush Fire Control Officer.

Driveway

Means a point of access to a Habitable Building accessible for both conventional two-wheel drive vehicles and firefighting appliances that is totally clear of obstructions.

Fire Management Plan

Means a plan that has been developed in accordance with State Planning Policy 3.7 and approved by the City of Mandurah to reduce and mitigate fire hazards within a particular subdivision, lot or other area of land anywhere in the district.

Habitable Building

Means a permanent or temporary structure on land that –

1. is fully or partially enclosed; and
2. has at least one wall of solid material and a roof of solid material; and
3. is used for a purpose that involves the use of the interior of the structure by people for living, working, studying, or being entertained.

Haystack

Means any collection of hay including fodder rolls placed or stacked that exceeds 100m³ in size (e.g. five (5) metres x five (5) metres x four (4) metres), whether in a shed, other structure or in the open air.

Flammable Material

Means accumulated fuel such as dry grass, leaf litter, twigs, branches, trash, bush, dead trees, firewood, stored fuels and scrub that can be easily ignited or is likely to catch fire and burn. It includes any other thing deemed by an Authorised Officer to be likely to catch fire but excludes living standing trees, growing bushes and plants in gardens and/or lawn areas under cultivation.

Trafficable Mineral Earth Firebreak

Means a 4 metre wide area of the owner(s)/occupier(s) land, cleared and maintained totally clear of all vegetation material (living or dead) providing an unimpeded route – (can be ploughed, cultivated, sprayed or otherwise cleared) accessible and traversable by 4WD fire vehicles.

WHAT YOU ARE REQUIRED TO DO:

OCCUPIED OR UNOCCUPIED LAND LESS THAN 4000m²

Where the area of the land is less than 4000m² remove all flammable material on the land except living standing trees, growing bushes and plants in gardens and/or lawns under cultivation from the whole of the land by either mowing or slashing down to 40mm or other approved method by an Authorised Officer for this purpose.

If mowing or slashing is carried out, then the height of the vegetation must not exceed, as far as is reasonably practicable, 40mm over the entire area of land.

Note: A four (4) metre firebreak alone is not adequate on land less than 4000m².

OCCUPIED OR UNOCCUPIED LAND 4000m² AND OVER

Where the area of land is 4000m² and over, provide a trafficable mineral earth firebreak at least 4 metres wide, with a vertical height clearance of 4.2 metres:

• Immediately inside all external boundaries of the land
• Immediately surrounding all outbuildings erected on the land
• Immediately surrounding haystacks or fuel storage
• A vertical height clearance of 4.2 metres must be maintained on driveway access

ASSET PROTECTION ZONES (APZ)

Properties zoned rural residential, or rural small holding under the City of Mandurah Local Planning Scheme 12, or on all land 4000m² and greater are required to:

• Maintain a minimum 2 metre gap between trees, shrubs and any habitable building
• Ensure that no trees overhang any habitable building

An Authorised Officer may issue a variation from Asset Protection Zone requirements where it is considered that adequate risk mitigation measures have been implemented, such as the reduction of fuel loads and appropriate management of understorey vegetation.

Property owners are strongly encouraged to contact the City to discuss the installation of an APZ.

Applications MUST be made to the City to remove trees or vegetation in order to create an Asset Protection Zone within a tree preservation area as designated in the City of Mandurah Local Planning Scheme No 12.

FIRE MANAGEMENT PLANS

Where land is subject to an approved Fire Management Plan the management plan must be fully complied with for the land.

ADDITIONAL INFORMATION FOR PROPERTY OWNERS:

BURNING DURING THE PROHIBITED AND RESTRICTED BURNING TIMES

This section relates specifically to fuel hazard reduction burns or running burns.  Fuel hazard reduction burns or running burns are generally not permitted within the district of Mandurah.

Any exemption is based on a full assessment of the hazard by an Authorised Officer in consultation with the City’s Chief Bush Fire Control Officer.  Full demonstration of appropriate risk mitigation planning is required and a Permit to Burn must be issued by an Authorised Officer prior to commencement of any fuel hazard reduction or running burn.

The following sets out the Prohibited and Restricted Burning Times in the Mandurah District

BURNING GARDEN REFUSE

In accordance with the requirements of Section 24G(2) of the Bush Fires Act 1954, the City notifies that it prohibits the burning of garden refuse or rubbish at all times within the district of Mandurah with the following exemptions:

• Properties zoned rural residential, or rural small holding under the City of Mandurah Local Planning Scheme 12; or
• on all land 4000m² and greater.

For these properties a Permit to Burn is required and permits will generally only be issued between 1 May and 31 October inclusive.  Conditions of an issued permit must be fully complied with. Any other exemption is based on an assessment of the hazard by an Authorised Officer.

NOTE: Only those properties zoned rural residential, rural small holding or are 4000m² or greater are able to obtain permits to burn garden waste.

Camping or Cooking

Pursuant to the powers contained in Section 25(1a) of the Bush Fires Act 1954, the City of Mandurah prohibits the lighting of a fire in the open air for the purpose of camping or cooking within the district unless specifically approved by the Chief Bush Fire Control Officer in writing.

Mark R Newman
Chief Executive Officer