Obligations of Property Owners

As a property owner it is your responsibility (under the Fire & Emergency Services Act 2005) to take preventative action to protect your property from fire, the following is a section out of the Act explaining exactly what is required as a property owner.

1.   Section 105F requires that an owner of private land must take reasonable steps-
      (a)   to prevent or inhibit the outbreak of fire on the land; and
      (b)   to prevent or inhibit the spread of fire through the land; and
      (c)   to protect property on the land from fire; and
      (d)   to minimise the threat to human life from a fire on the land.

2.   The following matters may be considered relevant to determining whether a breach of these requirements has occurred:
      (a)   the nature of the land;
      (b)   whether the land is in a country, metropolitan, township or other setting;
      (c)   the activities carried out on the land (including whether flammable or combustible materials or substances are used or stored on the land);
      (d)   other statutory standards or requirements that apply to or in relation to the land.

3.   If you fail to comply with a requirement of this notice-
      (a)   you may be liable to a significant fine; and
      (b)   an authorised person may proceed to carry out the work required by the notice and recover the costs against you.

Other matters may also be taken into account.

Northern Areas Council has a Fire Prevention inspection program, to actively assist townships in keeping safe during the fire danger season. Council is required to undertake this program under the Fire and Emergency Services Act Legislation.

This program commences prior to the Fire Danger season to highlight any properties that are a fire risk due to a build up of flammable fuel on their property. These property owners will be contacted and issued a notice outlining their responsibility and the actions that are required to comply during the Fire Danger Season.

To comply with these responsibilities the property may need to be slashed, cleared or mowed to a safer level. If you are unsure of what will be acceptable for the Fire Danger Season please contact our Fire Prevention Officer to discuss – 8664 1139. Non compliance of these responsibilities after our initial notice will incur fines through the expiation notice process.