Page 2332 - Week 06 - Thursday, 10 May 2012
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amended by the Professional Standards Council, with the minister providing notification of the scheme subsequently.
The JACS bill includes two complementary amendments to the Emergencies Act and the Environment Protection Act to clarify the concurrent requirements of each act with regard to hazard reduction or burning off. Burning off is traditionally carried out as a method of reducing the amount of flammable material in an area, with a view to commensurately reducing the risk of bushfire. This is an important activity to manage the dangers of bushfire.
However, due to the risks associated with burning materials in the open air, there are important environmental and emergency management considerations that must be taken into account when conducting such an activity. This is reflected in requirements under both the Emergencies Act and the Environment Protection Act. Because of the different considerations that need to be taken into account under each, in certain circumstances those seeking to engage in burning off will have to obtain approval or a permit under the Emergencies Act as well as an environmental approval under the Environment Protection Act.
The JACS bill clarifies the concurrent requirements under each act by including a subsection in the Emergencies Act that the requirements surrounding burning off in that act are not affected by the obligation to hold an authorisation under the EPA Act for the same activity. Similarly, the JACS bill inserts a note into the EPA Act that informs readers that it will generally be an offence under the Emergencies Act to light a fire during a total fire ban and that the Emergencies Act may also require the owner of land to obtain oral approval or a permit before lighting a fire on the land.
There are two other amendments to the Emergencies Act contained in this JACS bill. Currently, section 9 of the Environment Protection Regulation creates an offence if a person lights, uses or maintains a fire in the open air in certain circumstances. Open-air fires for the purpose of cooking and heating food or drink, as well as for the purpose of heating, are listed in the regulation as activities that will not constitute an offence under section 9. However, while the Environment Protection Regulation could be interpreted to suggest that backyard fires for the purposes of heating as well as cooking or heating food or drink will be lawful, section 125 of the Emergencies Act may currently be interpreted to make this activity an offence.
The JACS bill amends the Emergencies Act to remove this anomaly. The Emergencies Act will be amended to allow a person to light, maintain or use a fire in the open air on residential land for heating or cooking food or heating liquid. However, this authorisation is qualified by the need for the person to have adequate safety measures in place.
The JACS bill also amends the Chief Minister’s powers of direction over the emergency controller where a state of emergency has been declared. The amendment will address an unintended omission from the Emergencies Amendment Bill 2010 and provide that the Chief Minister can direct the emergency controller as to the use or non-use of their powers where a state of emergency has been declared.
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