Frequently asked questions
firebreak & FUEL HAZARD REDUCTION notice 2015-2016
Questions / AnswersI never received the Fuel Hazard Reduction & Firebreak Notice / Under the Act (BushfiresAct 1954) the Shire is required to advertise the Fire Break & Fuel Hazard Reduction(Notice) in the local newspaper and WA Local Government Gazette. The Shire elects to posta notice to landowners to ensure relevant information is received by property owners and the community.If you have not received a copy of theNotice we will gladly forward a copy to you, alternatively the Notice is available on our website
Why have I received a fine and NOT a warning? / The Fire Break & Fuel Hazard ReductionNotice is posted to all landowners, this Noticeclearly states this is your “First and Final Warning”.
What if I object to the Infringement? / In accordance with the Bushfires Act 1954 a withdrawal for a bushfire infringement must be made in writing within 60 days of the notice being issued. With the fire season being a very busy period for the Rangers, it is in the landowner’s best interest to write to the CEO immediately so that a timely response can be made within the 60 day period otherwisw a withdrawal maynot be considered.
Can you recommend any Contractors? / The Shire is unable to recommend any particular contractors, however every year the Shire Rangers facilitate a pre fire season workshop for local contractors. The objective of this workshop is to talk to contractors, explain the compliance requirements, and what Rangers are assessing when they inspect each property.When selecting a contractor you may want to consider asking if they attended the Contractors Workshop, this will ensure you engage a contractor who is up to date with compliance requirements.
Why was my neighbour given a warning and I got a fine straight up? / When Rangers inspect a property it is reviewed as to whether or not it can carry or hold a fire and whether it complies with the Notice. Those deemed higher risk may be issued an Infringement.
When were we told about this process, we have never had to do this before? / These requirements are in place each year, there are advertisements placed in the local paper, Government Gazetteand aFire Break & Fuel Hazard ReductionNotice is posted to all landowners. It clearly states in the Fire Break & Fuel Hazard ReductionNotice that it is the property owner’s responsibility to ensure they comply with this Notice.
I didn’t know what the Notice was so I threw it in the bin. I thought it was just a brochure, it was not clear to me it was a Fire Break & Fuel Hazard ReductionNotice and that I was required to action the Notice. / It is important to read through this document, if you are unsure about any sections of the Noticeplease contact the Shire. The Notice and cover letter sent to you have clearly identify that it is the landowner’s legal responsibility to be aware of the Notice requirements.
I have only just recently purchased the property the real-estate / previous owner(s) did not inform me of any works required to be completed on the property. Why am I now liable when I didn’t know? / The Shire has a program in place that when a settlement agency inquires as to a property being sold they are advised of any outstanding Fire Break & Fuel Hazard ReductionNotice works to be completed on the property. All new landowers are also posted a Welcome Pack which includes a copy of the Fire Break & Fuel Hazard ReductionNotice.
How short does the grass have to be and does this apply to all bocks? / If your land is not being used for pasture, grass must be no longer than 10cm’s- this applies to all land whether it is Townsite,Rural Res or Rural. Please refer to the Notice for additional information specific to your needs.
Why do I have to install a firebreak if I live in Rural and not Town? / Firebreak is a generic term used to cover properties that do require a firebreak. Each area has specific requiremets, please refer to your specific location legal requirements within the Notice and it will explain what is required of you.
I live out of town and cannot find a Contractor to complete the work. If I pay the Infringement will the Shire carry out the works for me? Will there be an extra charge for this? / If the property is re-inspected and still non-compliant then yes, the Shire may carry out the works on your behalf. Please note however, you will be invoiced for these works plus you may also be liable for other penalties.
Why have you only issued the fines at the end of the fire season? I cleared my block at the commencement of the fire season why didn’t you check it then? / Rangers have alarge area to inspect each year with high risk areas being inspected first. It is your responsibility as a landowner to ensure your property is compliant from 22 November(Townsites, Rural Residential, Vineyards, Plantations)or 22December(Rural)and remains compliant all the way through until 13 May. This may mean further worksand maintenance are required throughout the Notice period.
I have been issued with a warning, how long do I have to complete the works? / You are provided with a further 28 days to complete the required works, if you have any concerns you can contact the Rangers Department to discuss further. Please be aware there may be a delay with Rangers returning your call at this time of the year due to firebreak inspections and other operational priorities.
What does ‘Hazardous’ mean? E.g. flammable materials, hazardous materials / Any bush, plant, tree, grasses, vegetable, substance, object, thing or material that may or is likely to catch fire and burn. Please refer to page 8of your Fire Break & Fuel Hazard ReductionNotice.
What is meant by excess leaf litter? How much do we reasonably need to remove? / A simple way is if you rub your shoe over the area, whatever covers your shoe is what needs to be cleared. Please refer to Page 6 of your Fire Break & Fuel Hazard ReductionNotice.
Why the change of compliance date for Rural Residential Land / This brings these properties into line with other similar local governments and will provide for increased protection should a fire occur.
My garden is not reticulated, does that mean I have to remove this from next to my house? / If your garden is maintained on a regular bases e.g. free from any dead plant litter, then it is allowed to stay.
The Rangers seem to be only inspecting my area and not others / Inspections are conducted in relation to risk. Areas that are deemed to be of high risk will always be inspected first while other areas will be inspected in realtion to risk, rating and so on as time permits. If you have any concerns regarding a property that may be of high fire risk, please contact the Rangers.
I want to find out more information about how to be prepared for the fire season. Do you have any suggested publications I can review to assist? / DFES have some great resources such as the ‘Prepare. Act. Survive’ document. Please visit for more information.
Can I use a spray to kill the grass to create a firebreak? / No, all firebreaks are to be bare mineral earth. If there is any hazardous material within this zone the property is non-compliant and may result in an infringement, as well as the need for more works to be undertaken. Please refer to Page 5 of your Fire Break & Fuel Hazard ReductionNotice for further information about installing firebreaks.
The warning letter you sent me was dated 28 December but I have only just received it now (weeks later). Why is the letter so late? This only leaves me a couple of days to complete the works. Can I have an extension? How do I apply for an extension? / Due to the amount of Public Holidays over the Christmas / New Year period, it may take longer than ususal for these letters to arrive. If a letter is sent to you we will take into account any delays such as public holidays and this will be reflected in the timeframe we have given for works to be completed. If you have any concerns please contact the Rangers.
Where do these regulations come from? Who decides that we must do this? / Most of the regulations stem from the Bushfires Act 1954, while local modifications are developed and then endorsed by a range of key stakeholders including Bush Fire Brigade members, DFES, Sustainability Advisory Committee delegates, and internal Shire officers, before being endorsed by the Bushfire Advisory Committee (BFAC), and then approved by Council in the adoption of the BFAC Minutes.
Explain to me how reducing the leaves to 5cm’s is going to make any difference if a fire comes through / By reducing the ground fuels to 5cm this will slow the rate of spread of the fire. Please note this will not stop the fire but gives Firefighters the chance to save properties. The 5cmdepth has also been considered from an environmental point of view allowing organisms, insects and other creatures to live within this system.
I am concerned about my neighbouring properties, they are hazardous and do not comply / Rangers are inspecting as many properties as they can. With in excess of 9,000 properties to be inspect along with daily ranger duties, Rangers will not be able to inspect all properties but if you notify the Rangers Department in writing of a property or concern they will be able to check if the property has been inspected and can flag that property as being identifed to be a hazard. Rangers will make every effort to have that property inspected and made compliant.
I am concerned about the impact carrying out this work will have on the native fauna / The Notice has been created trying to balance the environment and the protection of Life and Property as much as possible.
The Shire verge on my property is overgrown and non-compliant. Will I get an infringement for this? Who is responsible for keeping the verge maintained? Am I allowed to clear the verge to make it compliant? / No, you will not receive an infringement notice for a non-compliant Shire verge however, this compliance issue should be reported to the Shire to ensure a works request is lodged and actioned. If you live in a resiential area it is encouraged to maintain the verge of your property.
What is the best method to clear ground fuel on residential bush blocks / Clear by hand, rake or employ a Contractor to undertake the works.