Advice on legislation or legal policy issues contained in this paper is provided for use in parliamentary debate and for related parliamentary purposes. This paper is not professional legal opinion.
Briefing Paper 10/2010 by Daniel Montoya
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SUMMARY
This briefing paper summarises the legislative and administrative bushfire
management arrangements in NSW and examines the key findings from the 2009
Victorian Bushfires Royal Commission.
An overview of bushfire management in NSW
Between 1994 and 2010 there have been a number of bushfire inquiries, along
with a range of legislative and administrative changes. Extreme bushfires in
NSW, the ACT and Victoria were the impetus for several of these developments.
[2.0]
NSW bushfire related legislation
Several significant legislative amendments have been made since 2002 to improve
bushfire management in NSW. A new offence was introduced to the Crimes Act
1900: causing a bushfire (s 203E). The Rural Fires Act 1997 has been
amended to: improve bushfire management, including via improved integration
with the planning system; increase penalties for some offences; increase the
powers by which the Rural Fire Commissioner can investigate suspected arson
cases; and streamline the administration of rural fire services funding.
Improved bushfire management administration has also been achieved through
amendment of the Environmental Planning & Assessment Act 1979.
[3.0]
NSW bushfire administration
Several administrative bodies are involved in bushfire management in NSW. Three
bodies are responsible for bush fire fighting and mitigation services: the NSW
Rural Fire Service; the National Parks and Wildlife Service; and State Forests
of NSW. Planning instruments under the Rural Fires Act 1997 are
administered by the Rural Fire Service. Local councils are required to comply
with these instruments. [4.0]
NSW Rural Fire Service capacity
Funding for the NSW Rural Fire Service has progressively increased since 2004.
The area of NSW annually subject to bushfire hazard reduction recently
increased from approximately 108,000 hectares to 124,000 hectares in 2007/08.
[5.0]
The 2009 Victorian Bushfires Royal Commission
Key recommendations from the 2009 Victorian Bushfires Royal Commission into the
bushfires of Black Saturday, 7 February 2009, are identified. They concern such
issues as: bushfire safety policy; planning and bushfire management; a retreat
and resettlement strategy; bushfire hazard reduction; and fire services
funding. Key recommendations that attracted considerable debate or are of
particular relevance to NSW are discussed. [6.0]