Attachment 3 - Bushfire Management Plan · MCU13/0251

SCANLON PROPERTY GROUP

Fire Management Plan – Peregian Beach




The subject site has strategic environmental importance given its proximity to Noosa National
Park, which is identified and protected as a place of natural significance on the Register of the
National Estate (RNE) by the Environment Protection and Biodiversity Conservation (EPBC)
Act, and an Open Space Conservation Zone within the Noosa Plan (2006).


1.4          LEGISLATION
The principal legislation which concerns the regulation of fire is the Qld Fire and Rescue
Service Act 1990 (QFRS Act). The Fire and Rescue Service Act 1990 mandates the proper
conduct in performing fire management activities. It defines who has responsibilities with
respect to fire and management of hazards or risks, as outlined in Section 67 of the legislation.
It provides powers to the commissioner of the Queensland Fire and Rescue Service and its
delegated officer, stated in Section 68, and it requires a person to obtain a permit to light a fire,
which is greater than 2 square meters. The relevant sections of the QFRS Act (1990) are
provided below:

Section 67 - Occupier to extinguish fire
1. Where a fire is burning on any land and the lighting of the fire is not authorised by or under
this or any other Act, the occupier of the land, immediately upon becoming aware of the fire
(regardless of who was responsible for ignition of the fire)

    (a)      Must take all reasonable steps to extinguish or control the fire; and
    (b)      Must, as soon as is practicable, report the existence and location of the fire to a fire
             officer, an officer of a rural fire brigade, a chief fire warden or fire warden, a forest
             officer (within the meaning of the forestry act 1959), a conservation officer (within the
             meaning of the nature conservation act 1992), or a police officer.

Section 68 - Powers of occupier of entry etc
2. Subject to subsections (2) and (3), an occupier of land, who believes on reasonable grounds
that a grass fire (that is, a fire that predominantly consumes vegetation) burning within 1.6 km of
that land constitutes a fire risk to that land may, together with persons acting at the direction of
the occupier

    (a)      Enter the land on which the fire is burning and any other land in order to gain access
             to the land on which the fire is burning;
    (b)      Take on to that land equipment for extinguishing or controlling the fire; and
    (c)      Take all reasonable measures to extinguish or control the fire.

3. An occupier of land must not do or direct the doing of any act referred to in subsection (1) if
prior notice (oral or written) of the intention to light the fire has been given to the occupier by the
person lighting it or by a prescribed person unless the occupier believes on reasonable grounds
that the fire has been unlawfully lit or is out of control.




November 2007                                                                                                                    ( 2 )
Y:\J07\J07-049_215-219 David Low Way,Peregian\InformationRequest\FireManagementPlan\071121_J07049_FireManagementPlan_Draft.doc