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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2013-03-06 Daily Xml
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FIRE AND EMERGENCY SERVICES (FIRE RISK ASSESSMENTS) AMENDMENT BILL

Introduction and First Reading

The Hon. A. BRESSINGTON (16:09): Obtained leave and introduced a bill for an act to amend the Fire and Emergency Services Act 2005. Read a first time.

Second Reading

The Hon. A. BRESSINGTON (16:10): I move:

That this bill be now read a second time.

I am introducing this bill because over the period of the last 12 months I have been to a number of rural areas, mainly up in the Hills, where residents are complaining that natural resources management officers are interfering with their ability to have a fire assessment done and they are being blocked from clearing what has been identified by a number of fire experts as hot fuel for bushfires. This is creating quite a lot of angst for people in those areas.

It seems to me that we need to put into legislation that the management of bushfires must be the absolute priority and that nobody is able to override a direction from either the CFS or the MFS to conduct an assessment of a bushfire risk. This bill also creates an obligation to conduct a fire risk assessment.

As things stand at the minute, a member of the public can request their local CFS or MFS to attend their property and conduct a fire risk assessment. For various reasons, at times, these assessments are not conducted. We consider that, given the inherent fire risk associated with vegetation, and more specifically, native vegetation, it is imperative that all steps be taken to prepare properties for the fire season. Accordingly, this bill creates an obligation for the CFS or the MFS to conduct an assessment upon application from a property owner.

I am confident that the obligation for assessment that is created under this bill does not place any undue pressure on the organisations to further train individuals, and I can confidently say that for two reasons. First, there are currently prescribed people within the CFS and the MFS who are trained in the area of assessing fire risks in property and do so routinely as and when necessary. Secondly, as a further precaution for the CFS and the MFS, proposed section 105L is drafted widely so that, should a situation arise where the nearest CFS or MFS station is unable to send their officer to conduct an assessment, the chief officer of the CFS or the MFS can authorise another member to conduct the assessment.

The time frame for carrying out the request has been set at three months, as we believe that that is an appropriate time for either the CFS or the MFS to arrange an assessment in light of their other duties and obligations. A discretionary extension of time is also available on agreement of both parties, which would allow for extenuating circumstances that may arise, such as travel, sickness or injury, etc.

Importantly, the bill has been drafted so that a request for a fire risk assessment can only be made within the prescribed period, namely, from the day following the end of the fire season up until 1 October of that same year. We recognise that the MFS and the CFS are very busy serving and protecting this state during the high fire risk season and it would therefore be inappropriate and simply not feasible to ask them to conduct fire risk assessments during that period of time. In any event, it is anticipated that property owners would request a fire risk assessment prior to the fire risk season for obvious reasons.

Section 105O vests the power with the fire risk assessor to authorise the removal of fire risks, including vegetation, and that includes native vegetation, if that is the case. The provision also allows for the drawing of water as and when necessary to minimise fire risks, and the provision is drafted so that the fire risk assessor has the discretion to allow removal of fire risk without requiring further authorisation of any other law or body.

This section is what I would class as a common-sense section. People should be able to remove anything causing a fire risk to their houses and property, but it carries with it the requirement of authorisation by a trained assessor. Therefore, I would suggest the perfect balance between the desire to protect an individual's property, and the overarching need to remove anything that causes a genuine fire risk, is met.

Naturally, there are provisions that relate to the form in which the application should be made, the relevant fee and the requirement of the chief officer to report to the minister on or before 30 September each year. The overriding intention of this bill is to protect our citizens and their property from the devastating and traumatic effects of bushfires. This bill creates an obligation upon relevant members of South Australia's CFS and South Australia's MFS to conduct a fire risk assessment upon application by a property owner. The assessment would then make the relevant recommendations, including allowing the property owners to take any necessary precautions to reduce all realistic fire hazards.

I believe this is sensible and reasonable, given the high bushfire risk within this state, and anything we can do to protect our citizens and ensure they are safe during high fire risk times is important. I commend the bill to the house.

Debate adjourned on motion of Hon. K.J. Maher.

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