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FACT SHEET
Fire Service Amendment (Bushfire
Prone Areas) Bill 2011
The Fire Service Amendment (Bushfire Prone Areas) Bill 2011
authorises the Tasmania Fire Service (TFS) to accredit individuals
to certify bushfire hazard management plans and allows
planning authorities to rely on the certified plans for planning
purposes.
The amendments form part of the Tasmanian Government's
commitment to implement the recommendations of the Review
of construction and development control in bushfire prone areas
(August 2010) which was undertaken as a result of the 2009
Victorian bushfires.
The proposed amendments to the Fire Service Act 1979 allows
the TFS to administer an accreditation process for individuals to
certify bushfire hazard management plans for the purposes of:
certifying that there is insufficient increase in risk from
bushfires associated with a development application to
warrant any specific bushfire measures; and
certifying that the development incorporates sufficient
hazard management areas, access, and other fire
protection measures to provide for adequate bushfire
safety.
The proposed amendment to the Land Use Planning and
Approvals Act 1993 provides the authority for planning authorities
to rely on expert advice from an agency, such as the TFS, or
individuals accredited by a State Service Agency for the
purposes of approving environmental and natural hazard
management plans.
Currently there is no clear legislative foundation allowing
planning authorities to rely on the advice of an external expert
for considering risks from environmental or natural hazards.
Therefore, the Land Use Planning and Approvals Act 1993 will be
amended to provide that:
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a planning authority is bound to accept a plan certified by
an accredited person as meeting a requirement of
planning schemes; and
the planning authority is indemnified from any liability for
loss of life or property if the measures on the certified plan
are inadequate or if the property owner does not maintain
the property to the standard set out in the plan.