Rural Fires Regulation 2022

New South Wales

under the

Rural Fires Act 1997

Published LW 13 May 2022 (2022 No 215)

Her Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Rural Fires Act 1997.

STEPHANIE COOKE, MP

Minister for Emergency Services and Resilience

Explanatory note

The object of this Regulation is to remake, with minor amendments, the Rural Fires Regulation 2013, which

would otherwise be repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).

The Regulation makes provision for the following—

(a) membership of rural fire brigades and the constitutions of the brigades,

(b) disciplinary action against officers and members of rural fire brigades and groups of rural fire

brigades,

(d) fire prevention,

(e) the giving of notices required under the Rural Fires Act 1997,

(f) other matters relating to bravery and service awards, voluntary work, managed land, fire permit

conditions, bush fire prone land, bush fire hazard reduction, bush fire safety authorities, bush fire

hazard reduction certificates and penalty notices.

Contents

Page

Page 2

Published LW 13 May 2022 (2022 No 215)

Rural Fires Regulation 2022 [NSW]

Contents

Part 1 Preliminary

1 Name of Regulation 4

2 Commencement 4

3 Definitions 4

Part 2 Rural fire brigades and groups of rural fire brigades

4 Constitutions of rural fire brigades—the Act, s 135 6

5 Time for appointing officers of rural fire brigades—the Act, s 18 6

6 Membership of rural fire brigades—the Act, s 135 6

7 Probationary membership—the Act, s 135 7

8 Removal from membership—the Act, s 135 7

9 Appeals relating to membership—the Act, s 135 7

10 Disciplinary action—the Act, s 135 8

11 Appeals about disciplinary action—the Act, s 135 9

12 Incident reports—the Act, s 135 9

13 Period for compliance with request to form rural fire brigade—the Act,

s 15 9

Part 3 Bush Fire Management Committees

14 Constitution of Bush Fire Management Committees—the Act, s 50(4) 10

15 Membership of Bush Fire Management Committees—the Act, s 50(4) 10

16 Functions of Bush Fire Management Committees—the Act, s 51(1) 11

17 Procedure for meetings of Bush Fire Management Committees—the

Act, s 135 11

18 Chairperson—the Act, s 50(4) 11

19 Executive Officer—the Act, s 50(4) 11

Part 4 Fire prevention—the Act, s 135

Division 1 General

20 Burning to demolish buildings 13

21 Burning to destroy sawmill waste material 13

22 Use of steam-powered machines 13

23 Use of motorised machines and implements likely to generate spark 14

24 Roadside fire protection 14

Division 2 Bush fire danger periods

25 Application of Division 15

26 Lighting fires for cooking etc 15

27 Burning garbage and refuse 15

28 Lighting fires to produce charcoal or distill oils 15

29 Offence to light, use or carry tobacco product 16

Part 5 Notices

30 Public notice of draft bush fire risk management plans—the Act, s 57 17

31 Destruction of notices or signs—the Act, s 135 17

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Rural Fires Regulation 2022 [NSW]

Contents

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32 Bush fire hazard reduction work required by hazard management

officers—the Act, s 69 17

33 Bush fire hazard reduction work in default of compliance with notice—

the Act, s 135 17

34 Notice of intention to burn off or burn fire break—the Act, s 86 18

35 Notice of issue of fire permit—the Act, s 94 18

36 Notice to public authority not to light fires during a bush fire danger

period—the Act, s 135 18

37 Notices of fire prohibition in specified zones—the Act, s 99 19

38 Persons to whom notice of bush fire hazard reduction work must be

given—the Act, s 100F and 100G 19

39 Giving of notices—the Act, s 130 19

Part 6 Miscellaneous

40 Bravery and other awards—the Act, s 135 21

41 Voluntary work by rural fire brigades—the Act, s 33 21

42 Reduction of fire hazards on managed land—the Act, Dictionary,

definition of “managed land” 21

43 Conditions of fire permit—the Act, s 92 22

44 The Act, s 100A, definition of “excluded land” 22

45 Application for bush fire safety authority—the Act, s 100B 22

46 Development excluded from requirements for bush fire safety

authority—the Act, s 100B 24

47 Additional special fire protection purposes for which bush fire safety

authority required—the Act, s 100B, definition of “special fire protection

purpose” 25

48 Application for bush fire hazard reduction certificate—the Act, s 100F 25

49 Repeal and savings 26

Schedule 1 Fire prohibition zones 27

Schedule 2 Penalty notice offences 29

Rural Fires Regulation 2022

under the

Rural Fires Act 1997

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Rural Fires Regulation 2022 [NSW]

Part 1 Preliminary

Published LW 13 May 2022 (2022 No 215)

Part 1 Preliminary

1 Name of Regulation

This Regulation is the Rural Fires Regulation 2022.

2 Commencement

This Regulation commences on the day on which it is published on the NSW

legislation website.

Note— This Regulation repeals and replaces the Rural Fires Regulation 2013, which would

otherwise be repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section

10(2).

3 Definitions

In this Regulation—

appropriate authority—see the Act, section 85.

appropriate disciplinary authority, in relation to disciplinary action under section

10, means—

(a) a member of the Service appointed by the Commissioner in relation to the

disciplinary action, or

(b) if a member has not been appointed—a disciplinary panel constituted in

accordance with the procedure set out in the Service Standards.

brigade register, for a rural fire brigade, means the register for a rural fire brigade

required to be kept under the Act, section 20.

Department means the Department of Planning, Industry and Environment.

forestry land means—

(a) land that is—

(i) a State forest, flora reserve or timber reserve within the meaning of the

Forestry Act 2012, or

(ii) acquired for the purposes of dedication or reservation as a State forest,

flora reserve or timber reserve under that Act, or

(b) land on which the Forestry Corporation has obtained the benefit of a forestry

right within the meaning of the Conveyancing Act 1919, Part 6, Division 4.

light a fire—see the Act, section 85.

NPWS land means land reserved, or acquired for the purpose of reservation, under

the National Parks and Wildlife Act 1974.

Planning for Bush Fire Protection means the document of that name, ISBN 978 0

646 99126 9, prepared by the NSW Rural Fire Service in cooperation with the

Department, dated November 2019.

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Part 1 Preliminary

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relevant land means land that is within 8 kilometres, or another distance as may be

specified in a bush fire management plan applying to the land, of NPWS land or

forestry land.

responsible authority, in relation to a rural fire brigade, means—

(a) if the brigade is formed by a local authority under the Act, section 15(1)—the

local authority, or

(b) if the brigade is jointly formed by two or more local authorities under the Act,

section 15(2)—the local authority nominated as the responsible authority by a

written agreement between the local authorities forming the brigade, or

Service Standard means a policy statement issued by the Commissioner under the

Act, section 13.

steam-powered machine means a machine operated by an engine that burns wood,

coal or coke.

the Act means the Rural Fires Act 1997.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that

affect the interpretation and application of this Regulation.

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Part 2 Rural fire brigades and groups of rural fire brigades

Published LW 13 May 2022 (2022 No 215)

Part 2 Rural fire brigades and groups of rural fire brigades

4 Constitutions of rural fire brigades—the Act, s 135

(1) A rural fire brigade must have a constitution.

(2) The constitution must—

(a) be in a form approved by the responsible authority for the brigade, and

(b) provide for the following matters—

(i) the council or other governing body of the brigade and its office bearers,

(ii) the name of the brigade,

(iii) the classification of members of the brigade other than officers,

(iv) arrangements for meetings of the brigade,

(v) the voting rights of members of the brigade,

(vi) the conduct of fundraising appeals by the brigade and the application of

money or a benefit received in the course of an appeal.

(3) The Commissioner may direct the responsible authority for a brigade to approve the

form of the constitution of the brigade.

(4) If the responsible authority fails to comply with the direction within 21 days—

(a) the Commissioner may approve the form of the constitution, making provision

for the matters referred to in subsection (2), and

(b) the responsible authority may not amend, revoke or replace the constitution.

(5) The Commissioner must review the constitution of the brigade annually to decide

whether to amend the constitution.

(6) In deciding whether to amend the constitution, the Commissioner must consider any

relevant Service Standards.

5 Time for appointing officers of rural fire brigades—the Act, s 18

For the purposes of the Act, section 18(2), the period of 21 days is prescribed as the

period within which the body or person that forms a rural fire brigade must appoint

officers for the brigade after being requested to do so by the Commissioner.

6 Membership of rural fire brigades—the Act, s 135

(1) A person is eligible to be listed on the brigade register for a rural fire brigade if the

person—

(a) complies with the procedures for attaining membership set out in the

constitution of the rural fire brigade, and

(b) satisfies the requirements for membership of a rural fire brigade decided by the

responsible authority for the brigade.

Note— Under the Act, section 20, the persons listed on the register for a rural fire brigade

required to be kept under that section are the members of the brigade.

(2) However, the responsible authority may refuse to list a person’s name on the brigade

proper person to be a member of the brigade.

(3) The responsible authority must give notice of a refusal to the person concerned.

(4) A person’s listing on the brigade register is subject to conditions imposed by the

responsible authority.

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7 Probationary membership—the Act, s 135

(1) A person’s membership of a rural fire brigade is initially for a probationary period of

6 months unless the responsible authority for the brigade decides otherwise.

(2) The responsible authority may remove the person’s name from the brigade register

for the brigade if, at the end of the probationary period, the person—

(a) has not achieved a satisfactory level of competency required by the Service

Standards, or

(b) does not satisfy the requirements for the confirmation of membership set out

in the constitution for the brigade, or

responsible authority under section 6(4).

8 Removal from membership—the Act, s 135

(1) The responsible authority for a rural fire brigade must remove the name of a person

from the brigade register for the brigade if the person—

(a) dies, or

(b) applies in writing to have the person’s name removed from the brigade

(2) The responsible authority for a rural fire brigade may remove the name of a person

from the brigade register for the brigade if the person—

(a) is found to have committed a breach of discipline under section 10, or

(b) becomes a mentally incapacitated person, or

(i) in New South Wales of an offence punishable by imprisonment of 12

months or more, or

(ii) elsewhere than New South Wales of an offence that, if committed in

New South Wales, would be punishable by imprisonment for 12 months

or more, or

(d) in the opinion of the responsible authority, is no longer a fit and proper person

to be a member of the brigade.

(3) Without limiting the generality of subsection (2)(d), the responsible authority may

form an opinion that a person is no longer a fit and proper person to be a member of

the rural fire brigade if—

(a) the person is listed on the brigade register for the brigade but has ceased to be

an active member of the brigade for a period of 12 months or more, or

(b) the person has not paid the person’s annual subscription fee in accordance with

the constitution of the brigade.

(4) The responsible authority must give notice to the person before removing the

person’s name from the brigade register under subsection (2)(b), (c) or (d).

(5) Subject to section 9(4), the person’s name may only be removed 21 days after the

notice is given.

9 Appeals relating to membership—the Act, s 135

(1) A person may appeal the following decisions of the responsible authority for a rural

fire brigade—

(a) a decision under section 6(2) to refuse to list the person’s name on the brigade

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(b) a decision under section 8(2)(b), (c) or (d) to remove the person’s name from

the brigade register for the brigade.

(2) The appeal must be made to the appropriate appeal authority—

(a) in writing, and

(b) within 21 days of the person being notified of the decision.

(3) After hearing the appeal, the appropriate appeal authority may—

(a) confirm the decision, or

(b) order the responsible authority to list, or to retain, the person’s name on the

brigade register.

(4) A person’s name must not be removed from a brigade register if the decision to

remove the name is the subject of an appeal until the appeal is either—

(a) withdrawn, or

(b) finally determined by the appropriate appeal authority.

(5) In this section—

appropriate appeal authority means—

(a) if the responsible authority concerned is a local authority—the Commissioner,

(b) if the responsible authority concerned is the Commissioner—the Minister.

10 Disciplinary action—the Act, s 135

(1) An officer or member of a rural fire brigade or group of rural fire brigades is guilty

of a breach of discipline if the officer or member—

(a) contravenes the Act or a provision of this Regulation, or

(b) is negligent, careless, inefficient or incompetent in the discharge of the

officer’s or member’s duties, or

(2) The appropriate disciplinary authority may take disciplinary action against an officer

or member of a rural fire brigade or group of rural fire brigades if—

(a) an alleged breach of discipline is dealt with in accordance with the procedure

set out in the Service Standards, and

(b) notice has been given in accordance with section 11(1), and

(3) The appropriate disciplinary authority may take the following disciplinary action—

(a) reprimand the officer or member,

(b) suspend the officer or member from service with the rural fire brigade or group

of rural fire brigades for a specified period,

or more of the following—

(i) demote the officer or member,

(ii) disqualify the officer or member from holding rank in the rural fire

brigade or group of rural fire brigades,

(iii) remove the officer’s or member’s name from the brigade register for the

brigade or brigades,

(iv) impose conditions on the officer’s or member’s membership of a rural

fire brigade or group of rural fire brigades.

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11 Appeals about disciplinary action—the Act, s 135

(1) Before taking disciplinary action under section 10, the appropriate disciplinary

authority must—

(a) investigate the alleged breach of discipline, and

(b) give the officer or member at least 14 days’ written notice of the following—

(i) the findings of the investigation,

(ii) the disciplinary action that the appropriate disciplinary authority

proposes to take against the officer or member.

(2) The officer or member may, within 14 days after receiving the notice, appeal to the

responsible authority against—

(a) the findings of the appropriate disciplinary authority, or

(b) disciplinary action the appropriate disciplinary authority proposes to take.

(3) On appeal, the responsible authority may—

(a) confirm the decision of the appropriate disciplinary authority, or

(b) recommend that no action be taken against the officer or member, or

member.

12 Incident reports—the Act, s 135

(1) When a rural fire brigade attends a fire or other incident or emergency, the officer in

charge of the brigade must ensure the fire control officer and the Commissioner are

provided with a report on the incident.

(2) The report must—

(a) be provided to the fire control officer and the Commissioner within the time

required by the Service Standards, and

(b) include matters required to be covered in the report by the Service Standards.

13 Period for compliance with request to form rural fire brigade—the Act, s 15

For the purposes of the Act, section 15(4), the prescribed period is 3 months after the

request to form a rural fire brigade is made.

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Part 3 Bush Fire Management Committees

Published LW 13 May 2022 (2022 No 215)

Part 3 Bush Fire Management Committees

14 Constitution of Bush Fire Management Committees—the Act, s 50(4)

A Bush Fire Management Committee must not—

(a) be incorporated, or

(b) be a committee of a council under the Local Government Act 1993.

15 Membership of Bush Fire Management Committees—the Act, s 50(4)

(1) A person becomes a member of a Bush Fire Management Committee—

(a) by invitation from the Bush Fire Co-ordinating Committee, or

(b) by nomination or inclusion under section 19(3).

(2) Unless the Bush Fire Co-ordinating Committee decides otherwise, the Bush Fire

Co-ordinating Committee must invite the following persons to become members of

a Bush Fire Management Committee—

(a) 2 persons nominated by each local authority whose area comprises land in the

Bush Fire Management Committee’s area (the area), being—

(i) 1 senior representative of the local authority, for example, the Mayor or

a councillor of a local authority that is a council, and

(ii) 1 person with responsibilities for the performance of the local

authority’s functions in relation to the environment or bush fire

management,

(b) a person nominated by each of the following organisations and groups as being

in charge of the organisation’s or group’s affairs in the area—

(i) the Forestry Corporation of New South Wales,

(ii) Fire and Rescue NSW,

(iii) the NSW Police Force,

(iv) each distribution network service provider listed in the Electricity

Supply Act 1995, Schedule 3 that has a distribution district comprising

land in the area,

(v) each local board for a Local Land Services region, within the meaning

of the Local Land Services Act 2013, comprising land in the Bush Fire

Management Committee’s area,

(vi) persons employed in the Department who are principally involved in the

administration of the National Parks and Wildlife Act 1974,

(vii) persons employed in the Department who are principally involved in the

administration of the Crown Land Management Act 2016,

more than 1 person is nominated, together jointly in charge of Transport for

NSW’s affairs in the area,

(d) a person nominated by the Nature Conservation Council of New South Wales,

(e) not more than 2 persons chosen by rural fire brigades operating in the area,

(f) a rural landholder, who holds land in the area, nominated by—

(i) the NSW Farmers' Association, or

(ii) if the Association does not nominate a rural landholder within a

reasonable time as decided by the Bush Fire Co-ordinating

Committee—the local authority for the area,

(g) a person nominated by each Local Aboriginal Land Council for a Local

Aboriginal Land Council area comprising land located in the area,

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Part 3 Bush Fire Management Committees

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(h) any other person or persons approved by the Bush Fire Co-ordinating

Committee.

16 Functions of Bush Fire Management Committees—the Act, s 51(1)

(1) A Bush Fire Management Committee must, at the request of the Bush Fire

Co-ordinating Committee, assist the Bush Fire Co-ordinating Committee in the

performance of the Bush Fire Co-ordinating Committee’s functions under the Act,

sections 48, 60(2) and 63(4).

(2) A Bush Fire Management Committee may bring to the attention of any of the

following a matter the Bush Fire Management Committee considers relevant to the

protection of land, life, property or the environment in that area from the impact of

bush fires—

(a) the Bush Fire Co-ordinating Committee,

(b) the Commissioner,

Committee’s area.

(3) A Bush Fire Management Committee must not conduct or take part in fire fighting

or fire prevention operations authorised by the Act, this Regulation or another law.

17 Procedure for meetings of Bush Fire Management Committees—the Act, s 135

(1) A Bush Fire Management Committee may meet in a way and at times that the Bush

Fire Co-ordinating Committee may decide.

(2) Subject to rules made by the Bush Fire Co-ordinating Committee, a Bush Fire

Management Committee may decide the procedure for calling meetings and

conducting business of the Bush Fire Management Committee.

18 Chairperson—the Act, s 50(4)

(1) A Bush Fire Management Committee must elect 1 of the eligible members to be

Chairperson of the Committee.

(2) The Chairperson must preside at a meeting of the Bush Fire Management Committee

at which the Chairperson is present.

(3) If the Chairperson is absent from a meeting, a member elected by the members

present must preside at a meeting of the Bush Fire Management Committee.

(4) On the Chairperson leaving office, the Bush Fire Management Committee must elect

an eligible member, not including the Executive Officer or a member referred to in

section 15(2)(a)(ii), (b) or (c), to be Chairperson.

(5) For the purposes of subsection (4), a Chairperson leaves office if—

(a) the Chairperson’s term of office expires, or

(b) the Chairperson ceases to be a member of the Bush Fire Management

Committee, or

(6) Subject to rules made by the Bush Fire Co-ordinating Committee, the Chairperson—

(a) holds office for a period of 12 months, and

(b) is eligible for re-election.

19 Executive Officer—the Act, s 50(4)

(1) Each Bush Fire Management Committee must have an Executive Officer.

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Part 3 Bush Fire Management Committees

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(2) The Executive Officer is a member of the Committee.

(3) The Executive Officer must be—

(a) if the Committee is constituted under the Act, section 50(1)—the fire control

officer for the area, or

(b) if the Committee is constituted under the Act, section 50(1A)—a member of

Fire and Rescue NSW nominated by the Commissioner of Fire and Rescue

NSW, or

Service nominated by the Commissioner, or

(d) if the Committee is constituted under the Act, section 50(3)—

(i) for a group of rural fire districts—a fire control officer for the area

nominated by the Commissioner, or

(ii) for a group of fire districts—a member of Fire and Rescue NSW

nominated by the Commissioner of Fire and Rescue NSW.

(4) The Commissioner and the Commissioner of Fire and Rescue NSW may revoke a

nomination made under subsection (3).

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Part 4 Fire prevention—the Act, s 135

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Part 4 Fire prevention—the Act, s 135

Division 1 General

20 Burning to demolish buildings

(1) A person must not light a fire on land in connection with—

(a) the demolition of a building, or

(b) the destruction of old building materials, or

Maximum penalty—20 penalty units.

(2) Subsection (1) does not apply if the fire is lit in accordance with the conditions set

out in a fire permit obtained from the appropriate authority.

21 Burning to destroy sawmill waste material

(1) A person must not light a fire to destroy sawmill waste material unless the fire is lit—

(a) in an incinerator designed to prevent the escape of sparks and burning

material, or

(b) on ground enclosed by a fence of galvanised iron or other fire resistant

material not less than 1.8 metres high so that the top of the waste to be burned

is not less than 600 millimetres below the level of the top of the fence, or

than 600 millimetres below the top of the edge of the pit, or

(d) in accordance with the conditions set out in a fire permit issued by the

appropriate authority.

Maximum penalty—20 penalty units.

(2) A person who lights a fire in accordance with subsection (1) (b) or (c) must ensure

that—

(a) the ground within 9 metres of a part of the fence or edge of the pit is cleared

of combustible matter, and

(b) at least 2 knapsack spray pumps, each of 16 litre minimum capacity, and a

supply of not less than 450 litres of water are readily available for use on the

fire.

Maximum penalty—20 penalty units.

22 Use of steam-powered machines

(1) A person must not, in connection with a relevant land use, drive or use a

steam-powered machine unless—

(a) the smoke box is fitted with a spark arrester constructed of a mesh not

exceeding 3.2 millimetres, and

(b) the fire box is fitted with a tray constructed in a way that prevents the escape

of sparks or burning material from the fire box, and

and comply with AS 1019–2000.

Maximum penalty—20 penalty units.

(2) In this section—

AS 1019–2000 means the Australian Standard entitled AS 1019–2000, Internal

combustion engines—Spark emission control devices.

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relevant land use means the following—

(a) an agricultural or similar land use,

(b) a pastoral or similar land use,

23 Use of motorised machines and implements likely to generate spark

(1) A person must not, in connection with an agricultural, pastoral or similar land use,

drive or use a motorised machine in grass, crop or stubble land unless—

(a) the machine is constructed so that heated areas will not come into contact with

combustible matter, and

(b) the machine is maintained in a good and serviceable condition to prevent the

outbreak of fire, and

equipment.

Maximum penalty—20 penalty units.

(2) A person must not, in connection with an agricultural, pastoral or similar land use,

do the following unless the person carries, or has nearby, prescribed fire safety

equipment—

(a) carry out welding operations,

(b) use explosives,

(d) use another implement that is likely to generate spark.

Maximum penalty—20 penalty units.

(3) In this section—

motorised machine includes a vehicle or machine, including a steam-powered

machine, that is operated by an internal combustion engine or other fuel burning

engine.

prescribed fire safety equipment means any of the following maintained in a

serviceable condition—

(a) a knapsack spray pump of 16 litre minimum capacity filled with water,

(b) a liquid type fire extinguisher of 9 litre minimum capacity,

24 Roadside fire protection

(1) A prescribed authority may, for the purposes of bush fire hazard reduction work—

(a) light a fire on a road, or on the verge of a road, if to do so is consistent with a

bush fire management plan applying to the land, and

(b) while the fire is burning, prohibit, direct or regulate the movement of persons,

vehicles or animals along a road.

(2) In this section—

prescribed authority means a public authority that has the care, control or

management of 1 or more of the following—

(a) a road,

(b) roadside vegetation.

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Part 4 Fire prevention—the Act, s 135

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Division 2 Bush fire danger periods

25 Application of Division

This Division applies during bush fire danger periods.

26 Lighting fires for cooking etc

A person must not light a fire in the open to cook, heat or prepare meals or to boil

water or for a similar purpose unless the fire is lit at a site surrounded by ground that

is clear of all combustible matter for a distance of at least 2 metres.

Maximum penalty—20 penalty units.

27 Burning garbage and refuse

(1) A person must not light a fire to destroy garbage or refuse at a waste depot unless the

fire is lit at a site surrounded by ground that is clear of all combustible matter for a

distance of at least 30 metres.

Maximum penalty—20 penalty units.

(2) A person must not light a fire to destroy household garbage or refuse or to destroy an

animal carcass, otherwise than at a waste depot, unless the fire is lit—

(a) in an incinerator designed to prevent the escape of sparks and burning

material, or

(b) in accordance with the conditions set out in a fire permit issued by the

appropriate authority, or

distance of at least 5 metres.

Maximum penalty—20 penalty units.

(3) This section does not affect the operation of a law that prohibits or regulates the

lighting of fires.

28 Lighting fires to produce charcoal or distill oils

(1) A person must not light a fire in connection with—

(a) charcoal production, or

(b) the distillation of eucalyptus or other oils.

Maximum penalty—20 penalty units.

(2) Subsection (1) does not apply if the fire is lit at a site surrounded by ground that is

clear of all combustible matter for a distance of at least 30 metres.

(3) A person must not light a fire to burn waste products resulting from the activities

referred to in subsection (1) unless—

(a) the fire is lit in accordance with the conditions set out in a fire permit issued

by the appropriate authority, and

(b) the fire is lit at least 30 metres from the site of another other fire lit in

connection with the distillation of eucalyptus or other oils.

Maximum penalty—20 penalty units.

(4) In this section—

combustible matter does not include a reference to the following—

(a) timber to be reduced to charcoal,

(b) charcoal,

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(d) a building or fence.

29 Offence to light, use or carry tobacco product

(1) A person must not do the following within 15 metres of a combustible agricultural

product—

(a) light a tobacco product,

(b) use or carry a lighted tobacco product.

Maximum penalty—50 penalty units.

(2) In this section—

combustible agricultural product includes the following—

(a) a stack of grain, hay, corn or straw,

(b) a standing crop,

(d) a stubble field.

tobacco product includes a match or other material commonly used for the purposes

of smoking tobacco.

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Part 5 Notices

Published LW 13 May 2022 (2022 No 215)

Part 5 Notices

30 Public notice of draft bush fire risk management plans—the Act, s 57

(1) For the purposes of the Act, section 57(1)(a), the Bush Fire Management Committee

or Commissioner must exhibit a draft bush fire risk management plan—

(a) together with any other matter the Committee or Commissioner considers

appropriate or necessary to better enable the draft plan to be understood, and

(b) in accordance with the public notice of the plan.

(2) The notice must require the draft bush fire risk management plan to be publicly

exhibited for at least 42 days.

(3) A person may, during the public exhibition of the draft plan, make submissions about

the draft plan to—

(a) for a draft plan prepared by a Bush Fire Management Committee—the

Committee, or

(b) for a draft plan prepared by the Commissioner—the Commissioner.

31 Destruction of notices or signs—the Act, s 135

A person must not, without lawful authority, destroy, deface or remove a notice or

sign displayed under—

(a) the Act, or

(b) this Regulation, or

Act—

(i) the Minister,

(ii) the Commissioner,

(iii) the Bush Fire Co-ordinating Committee,

(iv) a public authority.

Maximum penalty—5 penalty units.

32 Bush fire hazard reduction work required by hazard management officers—the Act,

s 69

(1) For the purposes of the Act, section 69(2), a hazard management officer must send a

copy of the bush fire hazard reduction notice to the office of the NSW Rural Fire

Service nearest to the land.

(2) The hazard management officer must send the copy as soon as is reasonably

practicable but not later than 72 hours after the notice has been served under the Act,

section 66.

33 Bush fire hazard reduction work in default of compliance with notice—the Act, s 135

(1) If the Commissioner intends to enter relevant land under the Act, section 70 and light

a fire on the land, the Commissioner must notify an office of the Department or an

office of the Forestry Corporation, whichever is nearest to the relevant land.

(2) The notification must—

(a) be written, and

(b) state the time at which or the period within which the fire is to be lit, and

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34 Notice of intention to burn off or burn fire break—the Act, s 86

(1) The notice required to be given under the Act, section 86(1) must be given to the

following persons—

(a) the occupiers of all land contiguous to or separated by a lane, road or

waterway, whether fenced or unfenced, from the land on which the fire is to

be lit,

(b) if there is no occupier for particular land under paragraph (a)—the owner of

the land,

officer for the rural fire district,

(d) if the land on which the fire is to be lit is in a fire district—the officer in charge

of the fire station that is nearest to the land.

(2) The notice must be written or given orally.

(3) The notice must include particulars of—

(a) the name of the person proposing to light the fire, and

(b) the location, purpose, period and time of the fire proposed to be lit.

(4) The notice must be given to each of the persons referred to in subsection (1)—

(a) within the time period specified in the fire permit, or

(b) if no time period is specified—at least 24 hours before the fire is lit.

(5) The fire control officer for the district is taken to be notified under subsection (1)(c)

if notice is given to the fire control centre for that district.

35 Notice of issue of fire permit—the Act, s 94

(1) For the purposes of the Act, section 94(2), an appropriate authority who issues a fire

permit to light a fire on relevant land must give notice to the Department or the

Forestry Corporation.

(2) The appropriate authority must give the notice—

(a) to an office of the Department or an office of the Forestry Corporation,

whichever is nearest to the relevant land, and

(b) as soon as is reasonably practicable, but not later than 72 hours after issuing

the fire permit.

36 Notice to public authority not to light fires during a bush fire danger period—the Act,

s 135

(1) A notification referred to in the Act, section 95(2)(a) must—

(a) be written, and

(b) contain or have attached to it a copy of the relevant determination, and

(2) The notice must be given—

(a) by giving the notice to an officer or employee of the public authority whom

the public authority has notified to the local authority as being authorised to

receive the notice, or

(b) by sending a copy of the notice to the head office of the public authority by

post, email, facsimile transmission or document exchange facility.

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37 Notices of fire prohibition in specified zones—the Act, s 99

For the purposes of a notification or direction under the Act, section 99(2)—

(a) each area referred to in Schedule 1, comprising the local government areas

listed in relation to each area, is a zone, and

Note— See also the Act, section 99(2) in relation to the identification of the part or parts

of the State to which a total fire ban order applies.

(b) the boundaries of an area are those current when the notification is published

or the direction is given.

38 Persons to whom notice of bush fire hazard reduction work must be given—the Act,

s 100F and 100G

For the purposes of the Act, sections 100F(6)(c) and 100G(1)(c), the officer in charge

of the fire station that is nearest to the land on which bush fire hazard reduction work

is to be carried out is prescribed as a person to whom notice of bush fire hazard

reduction work must be given but only in relation to work carried out on land in a fire

district.

39 Giving of notices—the Act, s 130

(1) For the purposes of the Act, section 130, a notice or direction required by or under

the Act to be served on a person may be served as follows, unless otherwise provided

by the Act or this Regulation—

(a) by delivering the notice to the person personally,

(b) by delivering the notice at or on the premises at which the person to be served

lives or carries on business and leaving the notice with a person apparently

over the age of 14 years resident or employed at the premises,

residence or business or post office box of the person to be served,

(d) by facsimile transmission to a number specified by the person as a number to

which facsimile transmissions to that person may be sent,

(e) by email to an email address specified by the person as an address to which

emails to that person may be sent,

(f) by fixing the notice on a conspicuous part of the land, building or premises

owned or occupied by the person,

(g) for an offence involving a vehicle—by attaching the notice to the vehicle,

(h) if the person to be served maintains a box at a document exchange established

in New South Wales—by depositing the notice in the box or leaving the notice

at another exchange for transmission to the first mentioned exchange for

deposit in the box,

(i) where the person to be served is, or after inquiry appears to be, absent from

New South Wales—by serving the notice or direction on the agent of the

person by the means prescribed by subsection (1)(a), (b), (d) or (e),

(j) if the land, building or premises are unoccupied and the owner or the owner’s

address or place of residence is not known to the person seeking to serve the

notice—by publishing the notice in a way, for example, on a publicly

accessible website, that is appropriate to cause the notice to come to the

attention of persons in the area in which the land, building or premises is

located.

(2) If a notice is served under subsection (1)(h), service of the notice is, unless proven

otherwise, taken to be effected 2 days after the day on which the notice is deposited

in the box or left at the exchange.

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(3) The notice may be addressed to the “occupier” or “owner” of the land, building or

premises to which the notice relates without naming or otherwise identifying the

occupier or owner, provided the land, building or premises is sufficiently described

or identified.

(4) If a notice has been served by a means prescribed by this section, all inquiries

required under this section are taken to have been made and the service is conclusive

evidence of the inquiries having been made.

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Part 6 Miscellaneous

40 Bravery and other awards—the Act, s 135

The Commissioner must keep a register of the names of each member of the Service

who is given a commendation or award for long service, bravery or other forms of

meritorious service, together with details of the commendation or award.

41 Voluntary work by rural fire brigades—the Act, s 33

(1) For the purposes of the Act, Dictionary, definition of public authority, paragraph (e),

the following are prescribed, but only for the purposes of the Act, section 33—

(a) the Commissioner of Fire and Rescue NSW,

(b) the Commissioner of the NSW State Emergency Service,

(d) a police officer.

(2) For the purposes of the Act, section 33(1), the following functions of a public

authority are prescribed—

(a) a function of a public authority under the State Emergency and Rescue

Management Act 1989,

(b) a function of a public authority in relation to the prevention and suppression

of bush fires and other fires,

hazardous materials and similar matters or assisting members of the NSW

Rural Fire Service in dealing with an incident or emergency,

(d) a function of the Commissioner of the NSW State Emergency Service that

relates to assisting members of the NSW Rural Fire Service in dealing with an

incident or emergency,

(e) a function of the NSW Police Force or police officers that relates to traffic

control or assisting members of the NSW Rural Fire Service in dealing with

an incident or emergency,

(f) a function of the Health Secretary under the Health Services Act 1997 that

relates to assisting members of the NSW Rural Fire Service by providing,

conducting or operating ambulance services under Chapter 5A of that Act,

(g) a function of Local Land Services, within the meaning of the Local Land

Services Act 2013, that relates to assisting members of the NSW Rural Fire

Service in dealing with an incident or emergency involving local land services.

(3) A fire control officer for a rural fire district must consult with the Commissioner

before giving the officer’s consent under the Act, section 33(1) to a rural fire brigade

voluntarily cooperating with a public authority.

Note— The Act, section 33(1) requires the consent of the fire control officer for a rural fire

district or the Commissioner before a rural fire brigade may voluntarily cooperate with a public

authority in the exercise of the functions of the public authority that are prescribed by the

regulations.

42 Reduction of fire hazards on managed land—the Act, Dictionary, definition of

“managed land”

(1) The following is prescribed as managed land for the purposes of the Act, Dictionary,

definition of managed land, paragraph (e) in the application of that definition to the

Act, sections 65, 74 and 74C—

(a) land dedicated for a public purpose and owned by a local authority or vested

in, or under the control of, a local authority as trustee,

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(b) community land under the Local Government Act 1993,

(d) a freeway or motorway,

(e) land that is under the care, control and management of—

(i) the Minister for Agriculture and Western New South Wales, or

(ii) the Lands Administration Ministerial Corporation constituted by the

Crown Land Management Act 2016, or

(iii) a person employed in Property NSW who is the administrator of a

statutory land manager appointed under the Crown Land Management

Act 2016, Schedule 5, other than excluded land.

(2) In this section—

excluded land means land subject to a holding or enclosure permit within the

meaning of the Crown Land Management Act 2016.

43 Conditions of fire permit—the Act, s 92

For the purposes of the Act, section 92(1)(b), the following conditions are prescribed

as conditions of a fire permit—

(a) unless the fire permit provides otherwise—at least one person must be present

at the site of the fire from the time the fire is lit until the time the fire is

extinguished,

(b) a fire may be lit on land only if to do so is consistent with a bush fire risk

management plan applying to the land,

of the permit by the appropriate authority.

44 The Act, s 100A, definition of “excluded land”

The following is prescribed as excluded land for the purposes of the Act, section

100A(1), definition of excluded land, paragraph (b)—

(a) land that was, immediately before the commencement of the Biodiversity

Conservation Act 2016, land declared under the Threatened Species

Conservation Act 1995, section 47 to be the critical habitat of an endangered

species, population or ecological community,

(b) land within Lord Howe Island.

45 Application for bush fire safety authority—the Act, s 100B

(1) For the purposes of the Act, section 100B(4), an application for a bush fire safety

authority must be made in writing.

(2) An application for a bush fire safety authority must include the following—

(a) a description, including the address, of the property on which the development

the subject of the application is proposed to be carried out,

(b) a classification of the vegetation on and surrounding the property, out to a

distance of 140 metres from the boundaries of the property, in accordance with

the system for classification of vegetation contained in Planning for Bush Fire

Protection,

a distance of 100 metres from the boundaries of the property,

(d) identification of significant environmental features on the property,

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(e) the details of a threatened species or threatened ecological community under

the Biodiversity Conservation Act 2016 that the applicant knows to exist on the

property,

(f) the details and location of an Aboriginal object or place, within the meaning

of the National Parks and Wildlife Act 1974, that the applicant knows to be

situated on the property,

(g) a bush fire assessment for the proposed development, including the

methodology used in the assessment, that addresses the following matters—

(i) the extent to which the development is to provide for setbacks,

including asset protection zones,

(ii) the siting and adequacy of water supplies for fire fighting,

(iii) the capacity of nearby public roads to handle increased volumes of

traffic when a bush fire emergency occurs,

(iv) whether or not nearby public roads that link with the fire trail network

have two-way access,

(v) the adequacy of arrangements for access to and egress from the

development site for the purposes of an emergency response,

(vi) the adequacy of bush fire maintenance plans and fire emergency

procedures for the development site,

(vii) the construction standards to be used for building elements in the

development,

(viii) the adequacy of sprinkler systems and other fire protection measures to

be incorporated into the development,

(ix) registered fire trails on the property,

(h) an assessment of the extent to which the proposed development conforms with

or deviates from Planning for Bush Fire Protection.

(3) An application for a bush fire safety authority must also be accompanied by the

prescribed information if—

(a) the proposed development is subdivision for the purposes of dwelling houses,

dual occupancies or secondary dwellings on property in an urban release area,

and

(b) the application includes a request by the applicant that the Commissioner,

when deciding the application, considers whether it would be appropriate for

the erection of the dwelling houses, dual occupancies or secondary dwellings

concerned to be excluded from the application of the Environmental Planning

and Assessment Act 1979, section 4.14.

(4) In this section—

prescribed information means the following—

(a) a plan of subdivision that shows—

(i) the bush fire attack levels that will apply to the property on completion

of clearing of vegetation proposed to be carried out as part of

subdivision work, within the meaning of the Environmental Planning

and Assessment Act 1979, and

(ii) proposed setbacks of buildings that may in future be erected on the

property, including asset protection zones, and

(b) other information about the proposed development that the Commissioner

may require.

Note— More information about bush fire attack levels, including the flame zone, can be found

in Planning for Bush Fire Protection, ISBN 978 0 646 99126 9, Table A1.7, published by the

NSW Rural Fire Service in November 2019.

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Rural Fires Regulation 2022 [NSW]

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urban release area has the same meaning as in the Environmental Planning and

Assessment Regulation 2021, section 270.

dual occupancy, dwelling house and secondary dwelling have the same meanings

as in the standard instrument prescribed by the Standard Instrument (Local

Environmental Plans) Order 2006.

46 Development excluded from requirements for bush fire safety authority—the Act, s

100B

(1) For the purposes of the Act, section 100B(5)(a1), the following development is

excluded from the operation of the Act, section 100B—

(a) development for the purposes of licensed premises that do not provide

overnight accommodation, other than for the owner or manager of the

premises and the owner’s or manager’s family,

(b) strata subdivision of a building, but only if development consent for the

erection of the building was granted in accordance with the Environmental

Planning and Assessment Act 1979, section 4.14,

if the building complies with the requirements of Level 1 construction under

AS 3959–1999, Construction of buildings in bushfire-prone areas,

(d) subdivision of land for the purpose of converting an existing dwelling to a dual

occupancy, but only if development consent for the dwelling was granted in

accordance with the Environmental Planning and Assessment Act 1979,

section 4.14,

(e) subdivision of, or a boundary adjustment in relation to, land that is leased

under a Western lands lease, within the meaning of the Crown Land

Management Act 2016, Schedule 3,

(f) subdivision for the purposes of consolidations of lots, or boundary adjustments

on land where the number of lots is reduced, but only if an existing dwelling

on the land complies with the requirements of Planning for Bush Fire

Protection,

(g) development for the purposes of bed and breakfast accommodation using an

existing building, but only if the building is more than 30 metres from land that

is not managed land within the meaning of Planning for Bush Fire Protection,

(h) subdivision of land used or proposed to be used for industrial purposes on

which the erection of a dwelling related to the industrial use of the land, for

example, a manager's residence, is permitted,

(i) subdivision of land for a residential purpose in a Western New South Wales

district, but only if—

(i) each lot created by the subdivision is greater than 10 hectares, and

(ii) the bush fire prone land that is Category 1 or 2 vegetation is less than

10% of the lot, and

(iii) each lot has direct access to an existing public road,

(j) construction or installation of a flagpole, aerial, antenna or satellite dish,

(k) construction or installation of a driveway, pathway or other paved area,

(l) the carrying out of earthworks or drainage works,

(m) construction of a class 10a building that is at least 6 metres from a dwelling,

(n) minor external non-structural building alterations carried out in accordance

with Planning for Bush Fire Protection,

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Part 6 Miscellaneous

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(o) development of a minor nature that relates to an existing building that is for a

special fire protection purpose.

(2) In this section—

Building Code of Australia has the same meaning as it has in the Environmental

Planning and Assessment Act 1979.

class, in relation to a building, means a building of the specified class under the

Building Code of Australia.

Western New South Wales district means any of the following areas as referred to in

Schedule 1—

(a) Central Ranges,

(b) North Western,

(d) Lower Central West Plains,

(e) Southern Slopes,

(f) Eastern Riverina,

(g) Southern Riverina,

(h) Northern Riverina,

(i) South Western,

(j) Far Western.

47 Additional special fire protection purposes for which bush fire safety authority

required—the Act, s 100B, definition of “special fire protection purpose”

For the purposes of the Act, section 100B(6), definition of special fire protection

purpose, paragraph (i), the following purposes are prescribed—

(a) a manufactured home estate, within the meaning of State Environmental

Planning Policy (Housing) 2021, Schedule 7, comprising two or more

caravans or manufactured homes, used for the purposes of casual or permanent

accommodation, but not tourist accommodation,

(b) a sheltered workshop, or other workplace, established solely for the purpose

of employing persons with disabilities,

physical or mental disability or provides respite for carers of the persons,

(d) student or staff accommodation associated with a school, university or other

educational establishment,

(e) a community bush fire refuge approved by the Commissioner.

48 Application for bush fire hazard reduction certificate—the Act, s 100F

For the purposes of the Act, section 100F(1), an application for a bush fire hazard

reduction certificate must include the following—

(a) a description, including the address, of the property on which the proposed

bush fire hazard reduction work the subject of the application is to be carried

out,

(b) details of the means by which, the time within which and the places where the

proposed bush fire hazard reduction work the subject of the application is to

be carried out,

relates to bush fire hazard reduction work—

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(i) a conservation agreement entered into under the National Parks and

Wildlife Act 1974, Part 4, Division 12,

(ii) a property vegetation plan approved under the Native Vegetation Act

2003, Part 4 before the repeal of that Act,

(iii) a Trust agreement entered into under the Nature Conservation Trust Act

2001, Part 3 before the repeal of that Act,

(iv) a property management plan approved by the Director-General of the

Department of Premier and Cabinet under the Threatened Species

Conservation Act 1995, section 113B before the repeal of that Act,

(v) a biobanking agreement entered into under the Threatened Species

Conservation Act 1995, Part 7A before the repeal of that Act,

(vi) a biodiversity stewardship agreement, conservation agreement or

wildlife refuge agreement entered into under the Biodiversity

Conservation Act 2016, Part 5,

(d) details of a threatened species or threatened ecological community under the

Biodiversity Conservation Act 2016 that the applicant knows to exist on the

property,

(e) details and the location of an Aboriginal object or place, within the meaning

of the National Parks and Wildlife Act 1974, that the applicant knows to be

situated on the property,

(f) if the proposed bush fire hazard reduction work is to be carried out by a person

other than the owner or occupier of the land concerned—the written consent

of that owner or occupier to the proposed work.

49 Repeal and savings

(1) The Rural Fires Regulation 2013 is repealed.

(2) Any act, matter or thing that, immediately before the repeal of the Rural Fires

Regulation 2013, had effect under that Regulation continues to have effect under this

Regulation.

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Rural Fires Regulation 2022 [NSW]

Schedule 1 Fire prohibition zones

Published LW 13 May 2022 (2022 No 215)

Schedule 1 Fire prohibition zones

section 37

Far North Coast

Local government areas of Ballina, Byron, Clarence Valley, Kyogle, Lismore, Richmond Valley

and Tweed.

North Coast

Local government areas of Bellingen, Coffs Harbour, Kempsey, Mid-Coast, Nambucca and Port

Macquarie-Hastings.

Greater Hunter

Local government areas of Cessnock, Dungog, Lake Macquarie, Maitland, Muswellbrook,

Newcastle, Port Stephens, Singleton and Upper Hunter.

Greater Sydney Region

Local government areas of Bayside, Blacktown, Blue Mountains, Burwood, Camden,

Campbelltown, Canterbury-Bankstown, Central Coast, City of Canada Bay, City of Parramatta,

City of Ryde, City of Sydney, Cumberland, Fairfield, Georges River, Hawkesbury, Hornsby,

Ku-ring-gai, Lane Cove, Liverpool, Mosman, Municipality of Hunter’s Hill, North Sydney,

Northern Beaches, Randwick, Strathfield, Sutherland, The Hills, Waverley and Willoughby.

Illawarra/Shoalhaven

Local government areas of Municipality of Kiama, Shellharbour, Shoalhaven, Wingecarribee,

Wollondilly and Wollongong.

Monaro Alpine

Local government area of Snowy Monaro Regional.

Southern Ranges

Local government areas of Goulburn Mulwaree, Queanbeyan-Palerang Regional, Upper Lachlan

and Yass Valley.

Central Ranges

Local government areas of Bathurst Regional, Blayney, Cabonne, City of Lithgow, Cowra,

Mid-Western Regional, Oberon and Orange.

New England

Local government areas of Armidale Regional, Glen Innes Severn Shire, Tenterfield, Uralla and

Walcha.

Northern Slopes

Local government areas of Gunnedah, Gwydir, Inverell, Liverpool Plains and Tamworth

Regional.

North Western

Local government areas of Moree Plains, Narrabri, Walgett and Warrumbungle.

Upper Central West Plains

Local government areas of Bogan, Coonamble, Gilgandra and Warren.

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Rural Fires Regulation 2022 [NSW]

Schedule 1 Fire prohibition zones

Published LW 13 May 2022 (2022 No 215)

Lower Central West Plains

Local government areas of Local government areas of Bland, Dubbo, Forbes, Lachlan,

Narromine, Parkes, Temora and Weddin.

Southern Slopes

Local government areas of Cootamundra-Gundagai Regional, Hilltops and Snowy Valleys.

Eastern Riverina

Local government areas of Albury, Coolamon, Greater Hume, Junee, Lockhart and Wagga

Wagga.

Southern Riverina

Local government areas of Berrigan, Edward River, Federation, Murray River and

Murrumbidgee.

Northern Riverina

Local government areas of Carrathool, Griffith, Hay, Leeton and Narrandera.

South Western

Local government areas of Balranald and Wentworth.

Far Western

Local government areas of Bourke, Brewarrina, Broken Hill, Central Darling, Cobar and the

Unincorporated Area.

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Rural Fires Regulation 2022 [NSW]

Schedule 2 Penalty notice offences

Published LW 13 May 2022 (2022 No 215)

Schedule 2 Penalty notice offences

1 Application of Schedule—the Act, s 131

(1) For the purposes of the Act, section 131—

(a) each offence created by a provision specified in this Schedule is an offence for

which a penalty notice may be issued, and

(b) the amount payable for the penalty notice is the amount specified opposite the

provision.

(2) If the provision creating the offence is qualified by words that restrict its operation to

limited kinds of offences or to offences committed in limited circumstances, the

penalty notice may be issued only for—

(a) that limited kind of offence, or

(b) an offence committed in the limited circumstances.

(3) For the purposes of the definition of authorised officer in the Act, section 131(6), the

following classes of persons are specified in relation to all penalty notice offences—

(a) police officers,

(b) persons authorised by a local authority for the purposes of this paragraph,

Column 1 Column 2

Provision Penalty

Offences under the Act

Section 42 $550

Section 62G(2) $110

Section 64 $440

Section 66(8)—

(a) for a corporation or public authority $4,400

(b) for an individual $2,200

Section 86(1) or (1A) $1,100

Section 87(1) $1,100

Section 88(1) $1,100

Section 92(2) $1,100

Section 99(11) $2,200

Section 99A(1)—

(a) for an offence committed during a total fire

ban under the Act, Part 4, Division 6 in the

part of the State concerned

$1,320

(b) for another offence $660

Section 100(1) or (2) $2,200

Section 108(3) $550

Section 116(5) $220

Section 117C(4) $110

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Schedule 2 Penalty notice offences

Published LW 13 May 2022 (2022 No 215)

Section 117D(1) $220

Section 117E(4) $550

Section 132(3) $440

Offences under this Regulation

Section 20 $660

Section 21(1) or (2) $660

Section 22(1) $660

Section 23(1) or (2) $660

Section 26 $660

Section 27(1) or (2) $660

Section 28(1) or (3) $660

Section 29 $660

Column 1 Column 2

Provision Penalty