South Australian Consolidated Acts

FIRE AND EMERGENCY SERVICES ACT 2005 - SECT 73A

73A—Bushfire Management Area Plans

        (1)         Each bushfire management committee must prepare and maintain a Bushfire Management Area Plan for its area.

        (2)         The plan must set out a scheme for bushfire management within its area.

        (3)         Without limiting subsection (2), the plan must—

            (a)         identify existing or potential risks to people and communities within its area from bushfire; and

            (b)         outline strategies to achieve appropriate hazard reduction associated with bushfire management within its area, especially through a coordinated and cooperative approach to bushfire prevention and mitigation; and

            (c)         identify action that should be taken by persons, agencies and authorities to achieve appropriate standards of bushfire management within its area; and

            (d)         without limiting paragraphs (b) and (c), establish or adopt principles and standards to guide or measure the successful implementation of bushfire management strategies and initiatives; and

            (e)         include or address other matters prescribed by the regulations or specified by the State Bushfire Coordination Committee.

        (4)         The plan must be consistent with—

            (a)         the State Bushfire Management Plan; and

            (b)         such other plans, policies or strategies as may be prescribed by the regulations for the purposes of this paragraph.

        (5)         A bushfire management committee must review its plan—

            (a)         at least once in every 4 years; or

            (b)         at the direction of the State Bushfire Coordination Committee.

        (6)         Subject to subsection (7), a bushfire management committee may amend its plan at any time.

        (7)         A bushfire management committee must, in relation to a proposal to create or amend its plan—

            (a)         prepare a draft of its proposal; and

            (b)         take reasonable steps to consult with—

                  (i)         the State Bushfire Coordination Committee; and

                  (ii)         any SACFS organisation specified by the Chief Officer of SACFS; and

                  (iii)         a public sector agency (within the meaning of the Public Sector Act 2009 ) designated by the Minister from time to time for the purposes of this subsection; and

                  (iv)         any council whose area is wholly or partly within the relevant bushfire management area; and

                  (v)         any regional NRM board whose region is wholly or partly within the relevant bushfire management area; and

                  (vi)         any other person or body, or person or body of a class, prescribed by the regulations for the purposes of this subsection,

in relation to the proposal; and

            (c)         by public notice, give notice of the place or places at which copies of the draft are available for inspection (without charge) and purchase and invite interested persons to make written representations on the proposal within a period prescribed by the regulations.

        (8)         Subsection (7) does not apply in relation to an amendment that is being made—

            (a)         in order to ensure that the plan is consistent with a change to the State Bushfire Management Plan; or

            (b)         in order to remove or replace information in the plan that has been superseded by information that is more reliable or up-to-date; or

            (c)         in order to make a change in form; or

            (d)         in any other prescribed circumstance.

        (9)         A plan, and any amendments to a plan, have no force or effect until approved by the State Bushfire Coordination Committee.

        (10)         The State Bushfire Coordination Committee may, in connection with subsection (9)—

            (a)         approve a plan or amendment when it is furnished to the State Bushfire Coordination Committee;

            (b)         consult the relevant bushfire management committee about any amendment to a proposed plan or amendment that the State Bushfire Coordination Committee considers necessary or appropriate and then approve the plan or amendment with amendment;

            (c)         refer a plan or amendment back to the relevant bushfire management committee for further consideration.

        (11)         A plan is an expression of policy and does not in itself affect rights or liabilities (whether of a substantive, procedural or other nature).

        (12)         A failure by a bushfire management committee to comply with a requirement under this section cannot be taken to affect the validity of a plan, or any other plan or instrument under this Act.