Shire Of Pingelly Fire Control Order 

BUSH FIRES ACT 1954

Pursuant to the powers contained in section 33 of the Bush Fires Act 1954, all owners and occupiers of land within the Shire of Pingelly are hereby required to take, provide and/or maintain fire control measures during the firebreak period as follows:

“Excluded Area” means an area of rural land not exceeding 30ha, where it is physically impossible to install firebreaks, or where in the owner’s or occupier’s opinion, the installation of firebreaks would be detrimental to the conservation of remnant or natural vegetation or the establishment of re-afforested areas.

“Farming Land” means all land within the Shire of Pingelly zoned ‘Farming’ under the Local Planning Scheme No. 3.

“Firebreak Period” means the time between 1 November and 15 April in the following year.

“Firebreak” means ground from which all flammable material has been removed and on which no flammable material is permitted during the firebreak period.

“Flammable Material” means bush (as defined by the Bush Fires Act 1954), timber boxes, cartons, paper and the like flammable materials, rubbish and any combustible matter, but does not include buildings, standing trees or growing bushes or plants in gardens or lawns.

“Rural Residential Land” means all land within the Shire of Pingelly zoned ‘Rural Residential’ under the Local Planning Scheme No. 3.

“Townsite Land” means all land within the townsite of Pingelly not zoned as ‘Rural Residential’ under the Local Planning Scheme No. 3.

“Very High Fire Danger” means on days forecast by the Bureau of Meteorology. On days forecast as Very High Fire Danger or above, permits are to be automatically suspended.

Farming Land

On farming land other than excluded areas, the owner or occupier shall:-

  1. Clear firebreaks not less than 3m wide:
    1. inside all external boundaries of the land,
    2. within 15m of the perimeter of all buildings and remove all flammable material from within the 3m of all such buildings, and
    3. so as to divide the land into areas not exceeding 400ha.
  2. remove all flammable material for a continuous distance of 5m immediately surrounding every haystack, hayshed, stationary pump or engine, and
  3. remove all flammable material for a continuous distance of 15m or to the external boundary of the land whichever is nearer, from around fuel depots.

Note: Landowners may use a single firebreak on a neighbour’s common fenced boundary as long as both parties agree in writing and a copy of the agreement is delivered to the Shire of Pingelly.

All excluded areas remain the owner’s or occupier’s responsibility and any variation as permitted by the Order does not render null and void any duty otherwise required by law.

Townsite Land

On townsite land, where a property or adjoining properties having the same ownership or control and are used as a single holding, the owner or occupier, shall:-

  1. provide and maintain firebreaks not less than 3m in width inside all external boundaries of the land, or
  2. clear by burning, all flammable material likely to be conductive to the outbreak, spread or extensions of a fire from the whole of the land, or
  3. have all flammable material likely to be conductive to the outbreak, spread or extension of fire removed, and the grass maintained to a height not greater than 10cm.

Rural Residential Land

 On rural residential land, where a property or adjoining properties having the same ownership or control and are used as a single holding, the owner or occupier shall comply with the requirements of:

  1. farming land where the holding exceeds 10ha in area, or
  2. townsite land, where the holding does not exceed 10ha in area.

Firebreaks on Road Reserves.
Firebreaks are not permitted on a road reserve.

Fire Fighting Units

During any period when harvesting operations are being conducted there shall be provided in the same paddock or within close proximity of that paddock, an operational independent mobile fire fighting unit having an engine driven pump and a water capacity of not less than 450 litres; the tank of the unit shall be kept full of water at all times during harvesting, and the responsibility to supply the unit is that of the landholder. Harvesting operations include the use of mobile augers and seed cleaning units.

Fire fighting trailers for fire suppression are regarded as out dated and dangerous—both to their operators and to other fire fighters on a fire ground. Their use at wild fires is not encouraged.

Clover Harvesting

Harvesting bans include the harvesting of clover.

Boyagin Rock Picnic Area

No wood fires are permitted in the Boyagin Rock Picnic Area (Reserve No. 29413) between 1 October each year and 30 April following.

General

If it is considered impracticable to clear firebreaks or remove flammable material from the land as required, application may be made in writing to the Council or its duly authorised officer for permission to put in place alternative fire hazard reduction measures. If permission is not granted, the requirements of this Order shall be complied with.

The penalty for failing to comply with this notice is a fine not exceeding $1,000 and a person in default is also liable whether prosecuted or not to pay the costs of performing the work directed in this notice if it is not carried out by the owner and/or occupier by the date required by this notice.

By Order of Council.
G. Pollock
Chief Executive Officer