2009

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Mr Brendan Smyth)

2009

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Mr Brendan Smyth)

An Act to amend the Emergencies Act 2004

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Emergencies (Bushfire Reporting) Amendment Act 2009.

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This Act amends the Emergencies Act 2004.

In this part:

appropriate standing committee means—

(a) the standing committee of the Legislative Assembly nominated by the Speaker for this part; or

(b) if no nomination under paragraph (a) is in effect—the standing committee of the Legislative Assembly responsible for the consideration of emergency services issues.

bushfire preparedness report—see section 85G.

bushfire recommendation means a recommendation in relation to the management of bushfires in the ACT arising from—

(a) a report prepared or commissioned by the Territory; or

(b) a plan prepared under this Act; or

(c) an inquest under the Coroners Act 1997.

firefighting services, in relation to bushfires, means services for the protection of life, property and the environment from bushfire.

relevant entity—each of the following is a relevant entity:

(a) the fire brigade;

(b) the rural fire service;

(c) the SES;

(d) a manager of territory land or land occupied by the Territory.

The Minister must give the Legislative Assembly, by the last sitting day before September in each year, a report (the bushfire preparedness report) that includes the information required under sections 85H to 85P.

The bushfire preparedness report must include the following information in relation to the immediately previous bushfire season in the ACT:

(a) the total number of bushfires attended by an emergency service;

(b) the total area of land burnt by bushfires;

(c) the total cost to the Territory of undertaking firefighting services in relation to bushfires, and the estimated financial impact of bushfires on the ACT economy generally;

(d) the number of members of the fire brigade, rural fire service or SES engaged, including as volunteers, for firefighting services in relation to bushfires;

(e) the total number of bushfires in other States attended by members of the fire brigade, rural fire service or SES, the total number of members who attended and the total cost to the Territory of the attendance.

(1) The bushfire preparedness report must include the following information in relation to the state of preparedness of each relevant entity to deal with bushfires in the ACT during the upcoming bushfire season:

(a) the allocation, in the budget of each relevant entity, for resources for firefighting services in relation to bushfires;

staff, vehicles, aircraft, other fire appliances

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(b) a list of plans prepared under this Act in relation to bushfires;

(c) a list of studies conducted or commissioned by the Territory in the previous 12 months in relation to bushfires;

(d) the number, state of repair, age and availability of vehicles that are intended to be used for firefighting services in relation to bushfires;

(e) the state of repair, age and availability of other fire appliances that are intended to be used for firefighting services in relation to bushfires;

(f) the number of members of each relevant entity and community fire unit available for firefighting services in relation to bushfires;

(g) the level and currency of training in accredited courses of the members mentioned in paragraph (f);

(h) a long range weather forecast for the bushfire season.

(2) In this section:

accredited course means a course, in relation to firefighting, that is accredited or approved under a Commonwealth or State law.

(1) The bushfire preparedness report must include the following information in relation to the conduct and effectiveness of controlled fires under section 84 (Fire fuel reduction) (a controlled fire) in the ACT in the previous 12 months:

(a) an assessment of fine fuel in fire prone areas;

(b) the number of controlled fires that were planned to be undertaken;

(c) the number of controlled fires that were undertaken;

(d) the area of land affected by the controlled fires that were undertaken;

(e) the effectiveness of the controlled fires that were undertaken.

(2) The bushfire preparedness report must also include information about the area of land affected by controlled fires that were undertaken in the ACT in the previous 10 years.

(3) In this section:

fine fuel means fuel that has a diameter under 6mm.

The bushfire preparedness report must include the following information about access to fire prone areas in the ACT:

(a) the following information in relation to fire trails in the previous 12 months:

(i) the length and location of fire trails cleared or upgraded;

(ii) the number of fire trails planned to be cleared or upgraded;

(iii) the number of new fire trails created (if any);

(iv) the number of fire trails closed (if any);

(b) the proposed maintenance program for fire trails over the next 12 months;

(c) the state of bridges in, and other road access to, fire prone areas, and the capacity of the bridges and road access to accommodate fire appliances, including vehicles, required for firefighting services;

(d) the state of landing strips in, and other aerial access to, fire prone areas, and the capacity of the landing strips and aerial access to accommodate aerial traffic required for firefighting services.

(1) The bushfire preparedness report must include the following information about protecting significant areas:

(a) what areas have been identified as significant areas;

(b) what plans have been developed to protect the significant areas;

(c) what action has been taken to implement the plans.

(2) In this section:

significant area means an area in which there is—

(a) a place or object on the heritage register under the Heritage Act 2004; or

(b) an item of infrastructure that provides an essential service within the meaning of the Utilities Act 2000.

The bushfire preparedness report must include the following information about the legislative requirements of each relevant entity in relation to bushfires:

(a) a list of the legislative requirements;

(b) what legislative requirements have been, or are being, complied with;

(c) what legislative requirements have not been complied with and an explanation of why the requirements have not been complied with.

The bushfire preparedness report must include the following information in relation to a bushfire recommendation made in the previous 20 years:

(a) a list of the bushfire recommendations made;

(b) which of the bushfire recommendations have been, or are being, complied with;

(c) which of the bushfire recommendations have not been complied with and an explanation of why the recommendations have not been complied with.

The bushfire preparedness report must include information about advances in the previous 12 months in research and development, equipment and methods for managing bushfires that are appropriate for the ACT.

The bushfire preparedness report must include information about any public education program, undertaken by the Territory or a relevant entity, to do 1 or more of the following:

(a) provide information about how people should prepare for or respond to bushfires;

(b) provide information about the Territory’s preparations for the upcoming bushfire season;

(c) increase public awareness about bushfire warnings under part 5.3A and the fire danger index.

The appropriate standing committee must report to the Legislative Assembly about the bushfire preparedness of the ACT for the upcoming bushfire season by the first sitting day after August in each year.

The Minister must give the Legislative Assembly a report in response to the report by the appropriate standing committee under section 85Q by the first sitting day after September in each year.

• State

appropriate standing committee, for part 5.3B (Bushfire preparedness reports)—see section 85F.

bushfire preparedness report, for part 5.3B (Bushfire preparedness reports)—see section 85G.

bushfire recommendation, for part 5.3B (Bushfire preparedness reports)—see section 85F.

firefighting services—

(a) for part 4.6 (Other approved providers)—see section 60; and

(b) for part 5.3B (Bushfire preparedness reports)—see section 85F.

relevant entity, for part 5.3B (Bushfire preparedness reports)—see section 85F.

Presentation speech made in the Legislative Assembly on 2009.

Notified under the Legislation Act on 2009.

For the latest republication of amended laws, see www.legislation.act.gov.au.