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 2024 OR WITHIN 14 DAYS OF BECOMING THE OWNER OR OWNER OCCUPIER, SHOULD THIS BE AFTER THAT DATE and kept maintained until 31 May 2025.
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 2024, for alternative positions, or other methods of fire prevention on your land. If permission is not granted in writing, you must comply with the requirements of this Notice.
DEFINITIONS
Where words that are used in this Notice are defined in the Bush Fires Act 1954, those words have the same meaning. Where words are not defined in the Bush Fires Act 1954 and used in this Notice, unless the context requires otherwise, their 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.
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.
Habitable Building
Means a permanent or temporary structure on land that –
- is fully or partially enclosed; and
- has at least one wall of solid material and a roof of solid material; and
- 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.
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 lawns under cultivation from the whole of the land by either mowing or slashing down to 40mm or other method approved in writing 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.
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; and
On the land’s driveway access.
Maintain a minimum 2m gap between trees, shrubs and any habitable building.
Ensure no part of any tree overhangs any habitable building.
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; and
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 or as permitted by a gazetted Bush Fire Risk Treatment Standard.
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
The Prohibited and Restricted Burning periods are determined by the Minister for Emergency Services and the Fire and Emergency Services Commissioner in accordance with the Bush Fires Act 1954.
SETTING FIRE TO BUSH
Fuel hazard reduction burns or running burns are generally not permitted within the City’s district. 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 via a burn prescription is required and a Permit to Set Fire to Bush must be issued by an Authorised Officer prior to commencement of any fuel hazard reduction or running burn.
BURNING GARDEN REFUSE
The burning of garden refuse within the City’s district is prohibited otherwise than in accordance with a Permit to Burn Garden Refuse issued by the City and compliance with the restrictions therein. Any other exemption is based on an assessment of the hazard by an Authorised Officer and must be in writing.
A Permit to Burn Garden Refuse may only be issued between 1 May and 31 October and only for the following properties:
properties zoned rural residential, or rural small holding under the City of Mandurah Local Planning Scheme 12; or
on all land 4000m2 and greater.
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
The City of Mandurah prohibits the lighting of a fire in the open air for the purpose of camping or cooking at all times within the City’s district unless it is done in compliance with the requirements published by the City on it’s website from time to time and as specifically approved in writing by the Chief Bush Fire Control Officer.
By order of the Council
Casey Mihovilovich
Chief Executive Officer
