Use of Local Government legislation to enable fuel reduction burning

Planned burning is an effective bushfire risk mitigation activity.  Around many Australian towns, unmanaged vegetation immediately surrounding townships is held on private land.  As such, the conduct of planned burns falls to volunteer fire brigades (CFA in Victoria).  This case study describes the use of appropriate legislation to overcome administrative barriers to local fuel reduction burning.

The township of Golden Beach is on the Ninety Mile Beach in eastern Victoria.  The township sits behind the coastal dunes immediately adjacent to Bass Strait.  The area was subdivided in the 1960s into lots that were never developed and have since been abandoned.  This has led to a situation where there are areas of unmanaged vegetation with multiple landowners adjacent to existing settlements.  Many of these landowners are no longer traceable.

CFA planned burns require the written consent of landowners before conducting planned burns.  In some instances, local knowledge is used to seek landowners consent, however in this instance this is not possible.

Under Victorian Legislation, Local Government can:

•             Send letters of request on behalf of the CFA

•             Issue Fire Prevention Notices(FPN) requiring work to be done (S41, CFA Act)

•             If a FPN is not complied with, Council may authorise another person to carry out the work (S225, Local Government Act 1989)

Due to the inability to contact land owners, the Council issued Fire Prevention Notices on the properties. Where not complied with, the Council was able to give consent to CFA to conduct the planned burn.

An understanding of the legislation around fire prevention can clear the way for risk mitigation activities.  It is unlikely that volunteer brigades are aware of this legislation and local government may need to actively promote awareness of how these provisions can be utilised for risk reduction in the community.