Fire Break Notice 2016/2017

Bush Fires Act 1954 (S33.1)

Notice to all owners and occupiers of land within the City of Nedlands

To prevent the outbreak, spread or extension of a bush fire which may occur, all owners and occupiers of land and verge adjacent to that land, within the City of Nedlands’ district, are required to on or before the 30th day of November in each year, or within 14 days of becoming an owner or occupier after that date:

Residential land - Slash all grass and clear all inflammable matter on the land and verge to a height no greater than 5 cm and to maintain all grass and all inflammable matter on the land and verge at a height no greater than 5cm up to and including the 31st day of March in the following year.

All other land - Slash all grass and clear all inflammable matter on the land and verge to a height no greater than 5 cm, for a width of no less than three metres (3 m), immediately inside the external boundaries of the property. In addition, trees must be trimmed back to provide a vertical clearance of a minimum three and a half metres (3.5 m) to allow fire appliances to drive along the firebreak.

An owner or occupier of the land and verge adjacent that land who fails or neglects to comply with the requisitions of a notice given pursuant to section 33(1) of the Bush Fires Act 1954 within the time specified in the notice commits an offence and is liable to a penalty of $5,000 and the City of Nedlands may direct its officers together with such servants, workmen or contractors, and with such vehicles, machinery and appliances as the officers deem fit, to enter upon the land and verge and carry out the requisitions of the notice which have not been complied with. The City of Nedlands may recover the amount of any costs and expenses incurred in carrying out those requisitions in any court of competent jurisdiction as a debt due from the owner or occupier of the land.

If it is impracticable for any reason to clear firebreaks or take measures in accordance with this notice, you may apply to the City of Nedlands in writing before the 19th day of November of each year for permission to provide fire breaks in alternative positions or to take alternative measures to prevent the outbreak or spread of a bush fire. If permission is not granted in writing by the City, you shall comply with the requirements of this notice.

The requirements of this notice should be carried out by means other than burning, for example, mowing and rotary hoeing.

Burning garden refuse - Pursuant to the powers contained in the Bush Fires Act 1954 and the City of Nedlands Health Local Laws 1997, the City of Nedlands prohibits the burning of all garden refuse within its district. This prohibition applies to all persons within the City’s district. Failure to comply with this prohibition is an offence with a maximum penalty of $3,000.

Greg Trevaskis
Chief Executive Officer

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