Bush Fires Act 1954
Bush Fire Risk Treatment Standards 2020
Bush Fires Act 1954
Bush Fire Risk Treatment Standards 2020
Western Australia
Bush Fire Risk Treatment Standards 2020
Contents
1.Citation1
2.Commencement1
3.Terms used1
4.Areas to which standards apply2
5.Risk treatment areas4
6.Clearing risk treatment areas5
Notes
Compilation table7
Defined terms
Bush Fires Act 1954
Bush Fire Risk Treatment Standards 2020
These standards come into operation as follows —
(a)clauses 1 and 2 — on the day on which these standards are published in the Gazette;
(b)the rest of the standards — on the day after that day.
In these standards —
Building Code means the Building Code of Australia which is Volumes One and Two, as amended from time to time, of the National Construction Code series published by, or on behalf of, the Australian Building Codes Board;
collar, of a branch of a tree, means the base of the branch where it meets the trunk of the tree;
development approval means —
(a)approval under the Planning and Development Act 2005 for the development of any land; or
(b)approval, authorisation, consent or permission under any other written law to do anything that would or might significantly affect the physical character of any land;
inner zone has the meaning given in clause 5(2);
lot has the meaning given in the Land Tax Assessment Act 2002 Glossary clause 2;
Metropolitan Region Scheme has the meaning given in the Planning and Development Act 2005 section 4(1);
outer zone has the meaning given in clause 5(3);
relevant building means a building that —
(a)is classified under the Building Code as —
(i)Class 1, 2, 3, 9 or 10c; or
(ii)Class 10a, but only if part of the building is within 6 metres of a building classified under the Building Code as Class 1, 2, 3 or 9;
and
(b)was built under development approval obtained before 8 December 2015;
riparian vegetation means the distinctive vegetation associated with a wetland or watercourse;
risk treatment area has the meaning given in clause 5(1);
tree means a perennial plant —
(a)having one or more woody, self‑supporting trunks; and
(b)standing at a height of at least 5 metres;
vegetation does not include a tree;
watercourse has the meaning given in the Rights in Water and Irrigation Act 1914 section 3;
wetland has the meaning given in the Environmental Protection Act 1986 Schedule 5 clause 2.
4.Areas to which standards apply
(1)Except as provided in subclauses (2) and (3), these standards apply to land in an area of the State designated as a bush fire prone area under the Fire and Emergency Services Act 1998 section 18P.
(2)These standards do not apply to land —
(a)that is within 100 metres inland from the high water mark of the coastline of the State; or
(b)that is covered by the riparian vegetation of a wetland or watercourse; or
(c)identified as a Bush Forever area under —
(i)the Metropolitan Region Scheme clause 28A(1); or
(ii)an approved redevelopment scheme under the Metropolitan Redevelopment Authority Act 2011;
or
(d)to which a biodiversity conservation covenant under the Biodiversity Conservation Act 2016 section 122 applies; or
(e)to which a conservation covenant or an agreement to reserve under the Soil and Land Conservation Act 1945 section 30B applies; or
(f)to which a restrictive covenant under the Transfer of Land Act 1893 section 129BA that has the effect of limiting the ability to clear vegetation or a tree applies; or
(g)to which a covenant under the National Trust of Australia (W.A.) Act 1964 section 21A that has the effect of limiting the ability to clear vegetation or a tree applies; or
(h)that is an Aboriginal site as defined in the Aboriginal Heritage Act 1972 section 4; or
(i)that under the Heritage Act 2018 —
(i)is registered land as defined in section 4 of that Act; or
(ii)is subject to a heritage agreement (as defined in section 4 of that Act) to which the Heritage Council of Western Australia established under section 11(1) of that Act is a party; or
(iii)is an area to which a protection order under Part 4 of that Act applies;
or
(j)that is a reserve as defined in the Land Administration Act 1997 section 3(1); or
(k)that is a nature strip as defined in the Road Traffic Code 2000 regulation 3(1); or
(l)that is subject to an agreement under the Planning and Development Act 2005 section 121(1)(c).
(3)These standards do not apply to a lot, or any part of the lot, if the lot contains threatened flora or a threatened ecological community as those terms are defined in the Biodiversity Conservation Act 2016 section 5(1).
(4)For the purposes of subclause (2)(a) —
(a)the coastline follows the shores of bays, inlets and other similar bodies of water that are connected to the sea (disregarding any temporary closure from the sea); and
(b)the high water mark is that at ordinary spring tides; and
(c)the high water mark of the coastline extends across the mouth of a river or riverine estuary from the last point on the high water mark of one of the banks of the mouth of the river or estuary at which a line extended at 90° to the bank will reach the opposite bank to the other such point on the opposite bank.
(1)Land is a risk treatment area if —
(a)these standards apply to the land under clause 4; and
(b)the land is within 20 metres of a relevant building.
(2)Land is in the inner zone of a risk treatment area if the land is within 10 metres of the relevant building.
(3)Land is in the outer zone of a risk treatment area if it is not in the inner zone of the area.
(4)For the purposes of subclauses (1)(b) and (2) a carport, veranda, balcony, patio, pergola or other similar outdoor area that is contiguous to a building forms part of the building.
6.Clearing risk treatment areas
(1)The owner or occupier of land that is a risk treatment area may clear any vegetation from the land.
(2)Except as provided in subclause (4), the owner or occupier of land that is in the inner zone of a risk treatment area may do the following —
(a)if a tree is located on the land and is not also located on land owned by a person other than the owner or occupier (as the case may be) — remove the tree;
(b)if a tree is located on the land and is also located on land owned by a person other than the owner or occupier (as the case may be) and the owner or occupier obtains the consent of the person — remove the tree;
(c)if a branch of a tree that is not located on the land overhangs the land —
(i)if the tree is located on land owned by the owner or occupier (as the case may be) or the owner or occupier obtains the consent of the person who owns the land on which the tree is located — prune the branch back to its collar; or
(ii)otherwise — prune the branch back to the boundary of the land.
(3)Except as provided in subclause (4), the owner or occupier of land that is in the outer zone of a risk treatment area and above which part of a branch of a tree is at a height of less than 2 metres may —
(a)if the tree is located on land owned by the owner or occupier (as the case may be) or the owner or occupier obtains the consent of the person who owns the land on which the tree is located — prune the branch back to its collar; or
(b)otherwise — prune the branch back to the boundary of the land.
(4)The owner or occupier of land that is a risk treatment area must not under subclause (2) or (3) remove, or prune the branch of, a tree that is listed on a register of significant trees established under a local planning scheme as defined in the Planning and Development Act 2005 section 4(1).
(5)For the purposes of this clause a tree is located on specified land if any part of its trunk —
(a)meets the ground on the land; or
(b)is above the land at a height of less than 2 metres.
This is a compilation of the Bush Fire Risk Treatment Standards 2020. For provisions that have come into operation see the compilation table.
|
Citation |
Published |
Commencement |
|
Bush Fire Risk Treatment Standards 2020 |
SL 2020/220 6 Nov 2020 |
cl. 1 and 2: 6 Nov 2020 (see cl. 2(a)); |
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
Building Code3
collar3
development approval3
inner zone3, 5(2)
lot3
Metropolitan Region Scheme3
outer zone3, 5(3)
relevant building3
riparian vegetation3
risk treatment area3, 5(1)
tree3
vegetation3
watercourse3
wetland3