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Legislative Council - Fifty-Third Parliament, Second Session (53-2)
2016-07-06 Daily Xml
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Question Time

Fire Management Plans

The Hon. D.W. RIDGWAY (Leader of the Opposition) (14:21): I seek leave to make a brief explanation before asking the Minister for Environment and Conservation a question about burning off on private properties.

Leave granted.

The Hon. D.W. RIDGWAY: Honourable members may be aware that the EPA has proposed changes to the way exemptions are provided to private landowners who conduct burn-offs on their own properties to reduce fuel loads. A number of residents, particularly in the Adelaide Hills, have contacted a number of my colleagues in the other place and are concerned about this new provision, that they may have to obtain permits, even though they are experienced with safely conducting burns on their property and also complying with the CFS safety requirements. My question to the minister is: what assurance can the minister provide that residents will not be captured by council red tape, which hinders their ability to reduce fuel loads on their property?

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Climate Change) (14:22): I thank the honourable member for his most important question, even though I would advise him that he really should listen to the good work that his colleague in the lower house, Mr Duncan McFetridge, does on the wireless when he has an interview with me—

The Hon. J.S.L. Dawkins interjecting:

The Hon. I.K. HUNTER: Sorry, Mr Dawkins, the radio—where I think Mr Duncan McFetridge conceded that in fact the provisions that are in place currently have been in place since 1995. There is no desire to change the policy. What we are trying to do as a government is consult on changes that will actually decrease the amount of red tape that goes into this process.

The Hon. D.W. Ridgway: That's not what people think.

The Hon. I.K. HUNTER: Well, it may not be, but it is the responsibility of members such as yourself, the Hon. Mr Ridgway, to educate them appropriately, because you will now be given chapter and verse to take back to those constituents who have contacted you. I am advised that the Greater Adelaide region experiences good air quality when compared with standards of the National Environment Protection (Ambient Air Quality) Measure. However, it is acknowledged that at times there are particle levels that are higher than is desirable in some parts of Adelaide. In South Australia, ambient air quality monitoring evaluation and reporting in accordance with the ambient air quality NEPM is undertaken by the Environment Protection Authority.

The EPA also regulates industries that emit air pollution using a range of tools, including licence conditions, and they require long-term monitoring around major facilities. The National Clean Air Agreement provides a consistent framework for cost-effective management of air quality within all Australian states and territories over the coming decades. In terms of the consultation on the draft approach from the EPA, I can say this: it is a consultation. We are requiring that all councils come into the framework that has been in place since 1995, and that is that you must absolutely have a permit if you are going to burn off in the fire danger season—I do not think anybody quibbles about that.

The CFS will tell you about the number of burn-offs that get out of control in the state every year, roughly—and I will defer to my honourable colleague, the minister responsible, on this—I believe in the order of about 300 get away every year from people burning off from their properties, so of course we will continue to insist that people have a permit in place if they wish to burn off in the fire danger season, and this is controlled by the CFS.

However, the draft Environment Protection (Air Quality) Policy has been developed to better protect and improve the health of South Australians and the environment by bringing the regulation and management of air quality in line with contemporary practices. The draft policy provides controls on burning practices that will limit community impacts such as smoke and also educate landholders on appropriate burning in populated areas where the potential for human health impacts and nuisance is greater. Outside of these areas, the draft policy provides general guidance and requires compliance with the Country Fire Service codes of practice.

The CFS advises that on average they attend over 300 rural fires a year outside the fire danger season and I'm advised that the Cherryville fire in 2013 in the Adelaide Hills area was caused by a vegetation pile burn-off that got away during May. It is this type of fire that the policy provides better control for. The draft policy will not prevent bushfire fuel reduction but will ensure that such burns are better managed and do not impact neighbouring properties and limit impacts on air quality. Landowners must still seek permits from their council or their CFS to burn during fire season. Again, I do not believe anyone will quibble with that.

The policy does not apply where a permit has been obtained under the Fire and Emergency Services Act 2005 (known as CFS permits) or where the act requires or authorises any fuel reduction burning to occur. The policy allows for both permits and notices—and this is important because this is the government trying to reduce red tape for people. The policy allows for both permits and notices to regulate burning practices. Councils will continue to manage burning in their area and they will decide whether individual permits or a general notice for burning in areas is required in prescribed circumstances. The permit and the notice provisions are flexible and can be provided for specific times of the year. The permit provisions, I remind the house, have been in place since 1995.

The requirement for permits for this type of burning have been in place for up to 22 years for councils in metropolitan Adelaide and council areas that have opted in to the current Burning Policy, (Environment Protection) (Air Quality) Policy 1994. The new policy will therefore reflect the status quo for the majority of the state. A notable exception will be the Adelaide Hills Council which currently does not have a permit system in place to manage burning and has areas in metropolitan Adelaide which will require either a notice or individual permits for agricultural and bushfire prevention burns under the draft policy.

The EPA intends to continue to work with councils to support implementation of this policy. I am informed the EPA recently met with council (I imagine that is the Adelaide Hills Council) and some concerned residents from the metropolitan area of that council. I am advised that the EPA and council staff were able to clarify how the policy will operate in their area and that it will not prevent fuel reduction burning on rural properties. Of course, the government needs to consider the balancing of bushfire risk, public health and business and landholder flexibility, and I believe the draft policy allows for this, by allowing councils to say, 'We're not going to go with permitting. We're going to establish a notice and you can burn when you like as long as it's in this period of time and in coordination with the CFS policies.'

Again, I do not think too many people will have a problem with that. That is about reducing the red tape. If councils decide not to go for permits but to go for notices that means that individuals do not have to apply for permits, they just need to obey the burning during the notice provisions that are supplied by their local council. The CFS, Primary Producers SA, the Local Government Association and councils have all been consulted in the development of burning in the open provisions, with the Adelaide metropolitan fringe councils and a number of regional councils contributing to the development of the draft policy. More details on the draft Air Quality Policy are contained in the public consultation report which I am advised is on the EPA website.

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