Frank Dunstan Updated: Saturday 10 October 2009 It’s amazing how many land holders won’t put in firebreaks until served warning notices and even then some have to be prosecuted and have contractors sent in to put in the fire breaks for them, at their expense plus the fine. In September 2006 Darwin River had the worst wildfires in 20 years with large areas and many properties burnt out. In 2007 there were 96 firebreak warnings sent out to Darwin River properties. Some people never learn. One argument given by a neighbour – a highly intelligent person who should have known better – was that they don’t stop wildfires, so why bother. I hope I convinced her when I provided this information. Section 47 of the Bushfires Act requires land owners to put in fire breaks: Firebreaks are basically access trails that enable fire-fighting. They must be continuous around all external boundaries, but can deviate around wet or rocky areas and large trees. Firebreaks should also be constructed around assets and may be required in other areas of a large property. · Minimum 4 metres wide (so that 2 fire units can pass without one of them having to head bush); and · Graded or slashed to a maximum height of 50mm with all slashed material removed; or · Lawn or cultivated garden. Firebreaks are essential to provide access for firefighters. They can be constructed by slashing, mowing, ploughing, dozing, grading, spraying with herbicide, rolling, raking, concentrated grazing or a combination of these. Firefighters must be able to retreat from a wildfire directly onto the road if there is no continuous firebreak. You may not need a firebreak if the road boundary is not fenced and there is no other barrier, such as a deep drain along the roadside. On dry, windy days fires jump roads, rivers and most certainly fire breaks, but they do provide access, which is why they are essential for fire fighters. Mineral earth (bare ground) breaks are preferred because fire will not creep across them in windless conditions, but if erosion is a problem they may be slashed grass with all slashed material removed. They are a first line of defence to keep a wildfire out of your property, so why so many people have a problem with putting them in has got me beat. Make it easy for the firies and they will do their best and most likely save your property, make it hard and it could be another story. Volunteer brigades often complain about the lack of firebreaks and ask when Bushfires NT are going to get off their backsides and do something about it. The following section may provide some answers. Firebreak enforcement program Early in the dry season officers from Bushfires NT carry out rural property inspections to ensure that land holders comply with Section 47 of the Bushfires Act. After the first inspection, land holders whose properties do not have conforming fire breaks are sent a Fire Break Warning. This states a date by which fire breaks must be put and gives 72 hours from being served the Warning to respond to Bushfires NT. It’s on receipt of this warning that some land holders get irate and abuse volunteer brigades and angrily ask their neighbours if they got one. (I know all about it.) Volunteers don’t carry out inspections and issue warnings; this is done by paid staff from Bushfires NT. Volunteer brigades are only too happy to help out and give advice on fire breaks; all you have to do is ask. ... Bushfires NT officers now carry out a second inspection to ensure that all land holders who were sent Warnings have put in their firebreaks; they don’t just take their word for it. Land holders who still don’t have conforming fire breaks are now sent a Fire Break Notice. This Notice states a date by which fire breaks must be put in, describes methods for clearing the breaks and details penalties for non compliance. These are a maximum of $5,000 or imprisonment for 2 years and $500 for each day you fail to comply. The Notice also states that a contractor may be sent in to put in the firebreaks at the land holder’s expense. ... Bushfires NT officers now carry out a third inspection to ensure that all land holders have put in their firebreaks; they don’t just take their word for it. Land holders who still don’t have conforming fire breaks are now sent an Order by registered mail stating that a contractor is to be sent in to do the work. An Infringement Notice is also sent to the land holder and to the Fines Recovery Unit. This gives details of the fine for ignoring the Warning and Notice and failing to put in fire breaks. A full prosecution file is put together, which includes copies of Warnings, Notices, Orders, registered mail receipts, photographic evidence of inspections, inspection records, land title search results, contractor’s invoice and statutory declarations from all persons involved in the process. If the land holder wants to contest the Order and fine there is a lot of evidence against them. The initial fine is usually pretty mild, probably around $500, compared with what the court can hand out. Land holders are given every opportunity to comply, with penalties used as a last resort. Now, isn’t it easier to just put in your firebreaks in the first place? There is a lot of effort made by Bushfires NT to get land holders to put in their firebreaks, regardless what some volunteer brigades may think.
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