Fire-break and Hazard Reduction Notice

BUSH FIRES ACT 1954 Notice is hereby given that pursuant to Section 33(1) of the Bush Fires Act 1954, all owners and/ or occupiers of land within the City of Armadale are required to carry out fire prevention works in accordance with the requisitions of this Notice, to prevent the outbreak, spread or extension of a bush fire, on or before the 30th day of November 2024, or within fourteen days of becoming the owner or occupier of land should this be after the 30th day of November 2024, and maintain the required fire prevention works up to and including the 31st day of March 2025.

Authorised Officer means an employee of the City of Armadale appointed as a Bush Fire Control Officer.

Bushfire Management Plan (BMP) means a plan that has been developed in accordance with State Planning Policy 3.7, and approved by the City of Armadale to reduce and mitigate fire hazards within a particular subdivision, lot or other area of land anywhere in the district.

Driveway means a point of access to a Habitable Building accessible for both conventional two wheel drive vehicles and firefighting appliances that is totally clear of inflammable matter and other objects or things.

Fire-break means an area of land constructed to a Trafficable surface and maintained totally clear of all inflammable matter leaving bare mineral earth, and includes the pruning and removal of any living or dead trees, scrub or any other material encroaching into the Vertical Axis of the fire-break area. Such fire- breaks may be constructed by one or more of the following methods: ploughing, cultivating, scarifying, raking, burning, chemical spraying or other method as approved by an Authorised Officer. Reticulated and maintained green lawn may be accepted in lieu of a Fire-break.

Fire Management Plan has the same meaning as Bushfire Management Plan.

Flammable Matter means any tree, bush, plant, grass, mineral, vegetable, substance, object, thing or material (except for living trees, shrubs, plants and lawns under cultivation) or any other thing deemed by an Authorised Officer to be capable of combustion that may, or is likely to, catch fire and burn.

Fuel Depot / Fuel Storage Area means an area of land, building or structure where fuel (i.e. petrol, diesel, kerosene, or any other hydrocarbon liquid) is kept, excepting where the quantities of fuel being stored are considered “minor storage quantities” under Table 2.1 of Australian Standard AS1940 The storage and handling of flammable and combustible liquids.

Habitable Building means a dwelling, workplace, place of gathering or assembly and includes a building used for storage or display of goods or produce for sale by wholesale in accordance with classes 1 — 9 of the Building Code of Australia.

Haystack means any collection of hay including fodder rolls placed or stacked that exceeds 100m3 in size (e.g. five (5) metres x five (5) metres x four (4) metres), whether in a shed, other structure or in the open air.

Trafficable means to be able to travel from one point to another in a four-wheel drive fire appliance on a clear surface, unhindered without any obstruction that may endanger such fire appliances. A Fire-break is not to terminate, or lead to a dead end without provision for egress to a safe place or a cleared turn around area of 17.5 metre radius.

Vertical Axis means a continuous vertical uninterrupted line at a right angle to the horizontal line of the Fire-break.

a) A three (3) metre wide Fire-break with a four (4) metre high Vertical Axis shall be constructed and maintained as close as practicable inside the property boundary but no more than ten (10) metres from the boundary around the entire perimeter of the property; and

b) A three (3) metre wide Fire-break with a four (4) metre high Vertical Axis shall be constructed and maintained immediately surrounding all outbuildings, sheds, haystacks and groups of buildings situated on the land; and

c) A three (3) metre wide driveway with a four (4) metre high Vertical Axis shall be installed and maintained; and

d) Gutters, roofs and walls of all Habitable Buildings are to be maintained free of Flammable Matter.

a) All Flammable Matter on the entire property (noting that this does not include living trees, shrubs, plants and reticulated lawns under cultivation) shall be reduced and maintained to a height of less than five (5) centimetres; and,

b) A three (3) metre wide driveway with a four (4) metre Vertical Axis shall be installed and maintained; and

c) Gutters, roofs and walls of all Habitable Buildings are to be maintained free of Flammable Matter.

a) All inflammable matter within the Fuel Depot / Fuel Storage Area shall be cleared leaving bare mineral earth; and

b) A three (3) metre wide Fire-break with a four (4) metre Vertical Axis shall be installed and maintained immediately surrounding the Fuel Depot / Fuel Storage Area.

The requirements of this Notice are considered to be the minimum requirement for fire prevention work, not only to protect individual properties but the district in general.

A separate Special Works Notice may be issued to individual landowners pursuant to Section 33 of the Bush Fires Act 1954 to carry out further hazard reduction works with respect to anything upon the land, where in the opinion of an Authorised Officer, it is likely to be conducive to the outbreak and/or the extension of a bushfire.

If you consider, for any reason, that it is impractical to meet the requirements of this Notice, you may apply in writing to the City of Armadale, or its duly Authorised Officers, no later than the 1st day of October 2024, requesting authorisation to employ other methods of fire prevention. If permission is not granted by the City you must comply with the requirements of this Notice.

In some instances naturally occurring features such as rocky outcrops, natural watercourses or landscaping such as reticulated gardens, lawns or driveways may be an acceptable substitute for a Fire-break.

If approved the requirements of all approved variations to the Fire-break and Hazard Reduction Notice shall be established on or before the 30th day of November 2024 (or within 14 days of you becoming the owner or occupier should this occur after that date) and be maintained up to and including the 31st day of March 2025.

Note: No Fire-break exemptions will be given. Please apply for a Variation if an alternative location for Fire-break installation is required.

Where an approved Bushfire Management Plan (BMP), exists for an individual or group of properties as part of a development or subdivision approval, the owners and/or occupiers of those properties shall comply with the requirements and responsibilities of that BMP in its entirety. Some BMPs may also require compliance with this Notice.

BMPs can be viewed on the City’s website via www.armadale.wa.gov.au/bushfire-management-plans. If you have trouble accessing your BMP please contact the City’s Customer Service Team on 9394 5000.

Where an approved Asset Protection Zone (APZ) has been developed in accordance with Australian Standard 3959 as part of a development application, compliance with the requisitions of the APZ assessment is required in addition to the requirements contained within this Notice.

Failure or neglect to comply with the requisitions of this Notice is an offence and can result in a penalty of up to $5000.

Furthermore, Authorised Officers, servants, workmen, contractors, vehicles, machinery and appliances (as the officers deem fit) may enter upon the land and carry out the requisitions of this Notice that are not complied with by the time specified in the Notice, and the amount of any costs and expenses incurred may be recovered from you as the owner and/or occupier of the land.

By order of the City of Armadale

Chief Executive Officer 

Joanne Abbiss

In accordance with the provisions of Section 25(1a) of the Bush Fires Act 1954 the lighting of camping or cooking fires is prohibited on all land within the City of Armadale during the Prohibited Burning Time. This prohibition does not apply to a gas appliance that does not consume solid fuel comprising of a fire, the flame of which is encapsulated by the appliance.

For the purposes of this Notice, “Restricted Burning Time” means the 1st day of October 2024 through until the 31st day of May 2025 (inclusive and as varied pursuant to Section 18 of the Bush Fires Act 1954) and the “Prohibited Burning Time” means the 1st day of December 2024 through until the 31st day of March 2025 (inclusive and as varied pursuant to Section 17 of the Bush Fires Act 1954).

a) In accordance with the provisions of Section 24G of the Bush Fires Act 1954 the burning of garden refuse in an incinerator or on the ground that would otherwise be permitted under Section 24F is absolutely prohibited –
i) on land 1,200m2 in size or less, during the Restricted Burning Time; and
ii) on land larger than 1,200m2 in size, during the Prohibited Burning Time.

The effect of this Notice is that the burning of garden refuse in an incinerator or on the ground on land that is 1,200m2 or less in size is prohibited at all times, unless specifically authorised by a bush fire control officer, and the burning of garden refuse in an incinerator or on the ground is prohibited on all land within the district during the Prohibited Burning Time.

b) In addition to the restrictions under Clause (a), garden refuse in an incinerator or on the ground must be burnt in accordance with the following conditions –

i) There is no inflammable matter (other than that being burnt) within five (5) metres of the fire at any time while the fire is burning; and

ii) The fire is lit between 6.00pm and 11.00pm and is completely extinguished before midnight on the same day; and

iii) At least one person is present at the site of the fire at all times until it is completely extinguished; and

iv) When the fire is no longer required, the person who lit the fire must ensure that the fire is completely extinguished by the application of water or earth; and

v) Only one pile (up to one (1) cubic metre in size) of garden refuse may be burnt at any one time; and

vi) No burning on a Sunday or a day that is a Public Holiday; and

vii) The person intending to light the fire must telephone the Department of Fire and Emergency Services’ Communications Centre (COMCEN) on 08 9395 9209 and register the burn immediately prior to lighting the fire.

c) Any time when there is in force a fire danger forecast issued for the district by the Bureau of Meteorology of Catastrophic, Extreme or High, a Total Fire Ban (TFB) or any other prohibition is in effect under the Bush Fires Act 1954, burning of garden refuse in an incinerator or on the ground is prohibited on all land within the district.

The City of Armadale Environment, Animals and Nuisance Local Laws 2002 further restricts and/or prohibits burning of rubbish or refuse on land in the district.

In accordance with Clause 49(2)(a) of the City Of Armadale Environment, Animals and Nuisance Local Laws 2002 an owner and/or occupier of land shall not set fire to, or cause or allow to be set on fire, any bush, rubbish or refuse whatsoever on a Sunday or a day that is a Public Holiday, except when specifically authorised to do so for the purpose of fuel reduction by a Bush Fire Control Officer (BFCO) duly appointed under Section 38 of the Bush Fires Act 1954.

In accordance with the City of Armadale Town Planning Scheme No.4, a separate Development Approval to clear native vegetation on properties zoned Rural Living or Special Rural may need to be obtained. Generally, clearing to satisfy necessary bush fire protection measures as determined by the local government or other relevant authority is exempt from planning approval. Please refer to the following sections of Town Planning Scheme No.4 for further information:

Clause 4.7.5 deals with clearing where a property contains a development envelope;

Clause 4B.7 deals with clearing in the Rural Living and General Rural zones; and,

Clause 4C.9 deals with clearing in the Strategic Regional Centre, District Centre, Local Centre and Mixed Business/Residential zones.

See link - Town Planning Scheme No. 4

Specific situations where development approval is required for the clearing of remnant native vegetation is outlined within the following info sheet:
Bushfire Hazard Planning - Clearing of Remnant Native Vegetation and Fire Hazard Reduction

The Fire-break and Hazard Reduction Notice is a notice issued under section 33 of the Bush Fires Act 1954 and is a notice to all landowners and/or occupiers outlining requirements that are to be undertaken in preparation for the bushfire seasons. 

The notice is distributed and available

• Each year with your Rates

• On the City of Armadale website

• At the City of Armadale libraries

• At the City of Armadale administration office

The notice is also published in the Government Gazette, the Armadale Examiner and the Roleystone Courier.

Your property must be prepared before 1 November each year and be maintained up to and including 31 March the following year. If you have recently purchased a property you must comply with the Fire-break and Hazard Reduction notice within fourteen days of becoming the owner or occupier. 

The City may issue an infringement and undertake works on your property to ensure it complies with the Notice. If you fail or neglect to comply with the Notice, you may also be found guilty of an offence and may incur a maximum penalty of $5,000. If the City has to carry out works on your property, you will be liable for any costs and expenses incurred. 

It is the current property owner’s responsibility to comply with the conditions in the Fire-Break and hazard Reduction Notice. If you intend to sell the property it is still expected that while you are the owner of the property up until the final day of settlement the Notice requirements are completed. 

Unfortunately, you are not able to get an extension and you are required to comply by the date specified in the Notice. 

A fire-break is a strip of land free of all flammable material that is likely to be ignited and capable of burning. Fire-breaks are required on properties over 5,000m2 and are intended to slow the spread of low intensity bushfires and provide safe access for fire appliances and emergency vehicles around the perimeter of your property. It must be trafficable, three (3) metres wide with a four (4) metre high clearance and provide safe unobstructed access. 

Whilst a fire-break is not required on your property you do need to ensure all flammable matter on the entire property (noting that this does not include living trees, shrubs, plants and reticulated lawns under cultivation) is reduced and maintained to a height of less than five (5) centimeters. 

The City has a contractor list available to assist residents to meet their obligations as property owners. Please note that in providing this information, the City of Armadale makes no recommendation and gives no warranty as to the suitability or competency of any of the businesses listed. A copy of the list is below 

Firebreak Contractor List

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There are several options for you to dispose of your vegetation. Some suggestions are:

• Burning during the restricted and unrestricted burning periods

• Mulching green waste and re-using it on your garden

• Taking green waste to the local waste facility, such as the Roleystone Green Waste Facility or the Armadale Landfill and Recycling Facility

• Utilising the green waste verge collection service

• Placing garden waste in your household red lid general waste bin

If you consider for any reason that it is impractical to meet the requirements of the Fire-break and Hazard Reduction Notice you can request authorisation to employ other methods of fire prevention. In some instances naturally occurring features such as rocky outcrops, natural watercourses or landscaping such as reticulated gardens, lawns or driveways may be an acceptable substitute for a fire-break.

Applications must be submitted each year prior to 1 October. Approvals are valid from the date of issued until the 31 March. A new application is required each year. 

If your application to vary the fire-break is not approved you will be required to comply with the Fire-break and Hazard Reduction Notice. 

To lodge an application complete the Application to Vary Firebreak application form

Yes, under section 14 of the Bush Fires Act 1954 Fire Control Officers are authorised to enter any land for the purpose of examining firebreaks and examining anything which may be considered to be a fire hazard. Officers inspecting your property will be easily identified by driving appropriately marked City vehicles and dressed in protective clothing to ensure they are visible to the public. 

If the property is marked as compliant you will receive no further communication. If your property is assessed as non-compliant you will receive written notice. 

Officers plan to strategically assess properties across all city suburbs. Due to the high volume of properties, we cannot accommodate advance bookings.