Pursuant to s. 33 of the Bush Fires Act 1954, it is required that fire prevention work on land you own and/or occupy is carried out in accordance with the provisions of the Shire's annual Fire Prevention Order.

Important: This work must be carried out by 1 December and kept maintained until 31 March the following year (annually).

 

About the Fire Prevention Order

The Shire forwards a copy of the Fire Prevention Order with Shire rates notices, both of which are issued annually. It is also published online, with additional copies available locally at the Shire Administration Office.

The purpose of the Order is to aid in eliminating destructive bush fires, and to this aim, some areas of the Shire are subject to mitigation work (carried out by Bush Fire Brigades and Shire employees). The requirements of this Order are considered to be the minimum standard of fire prevention work required to protect individual properties and the district in general.

In addition to the requirements of this Order, the Shire may issue special orders to owners or occupiers if further hazard removal is considered necessary. Inspections are carried out by an Authorised Officer (Shire Rangers). Failure to comply with the requirements of this Order may result in the issuing of an infringement notice or prosecution. The Shire may also arrange for works to be carried out at the expense of the owner or occupier.

 

What is a Firebreak?

A firebreak is defined as a traversable strip of land cleared of all trees, shrubs, grass and other combustible material. Firebreaks are intended to allow access for firefighting vehicles during bushfire suppression operations, and act as a fuel-free area from which planned burns can be undertaken.

All firebreaks must be a minimum of 2m (metres) wide. All queries relating to Firebreak Compliance are to be made to the Shire’s Ranger Services.

Requests for Variation

Landowners may submit a Request for Variation to the Order where their properties may not comply, with regards to the preparation of the property during fire season. All submissions are to the Shire in writing no later than 30 September (annually).

Rural Land

Land zoned as General Agriculture or Priority Agriculture.

  1. On land which is divided by or abuts a formed or partly formed road or railway reserve, a firebreak not less than 2m wide shall be provided within 60m of the boundary of the road or railway reserve. Firebreaks are not permitted on road reserves without written approval from the Shire.

  2. Where rural land (whether bushland or pastured) abuts a residential zone boundary, a 3m wide firebreak shall be constructed along the common boundary of the residential area.

  3. A firebreak 2m wide shall be provided within 20m of the perimeter of all buildings, hay sheds, and fuel storage areas situated on the land.

  4. A cleared area of at least a 6m radius shall be provided around all combustion pumping engines.

  5. An area cleared of all flammable materials of at least a 3m radius shall be provided around an operational gas gun, and the owner of the gas gun shall ensure that the gas gun is secured in an upright position.

  6. If a Total Fire Ban is declared by the Department of Fire and Emergency Services (DFES) in accordance with the Bush Fires Act 1954, the use of gas guns is prohibited within the Shire.

Eucalyptus and Pine Plantations

  1. Firebreaks not less than 10m in width around the perimeter of land on which trees are planted.

  2. Not less than 10m in width along those portions of plantations which enjoy a common boundary with a road reserve.

  3. Not less than 6m in width in such positions that no part or compartment of a plantation shall exceed 28ha in area.

  4. Where 10m firebreaks are required in accordance with this section of the Shire’s Fire Prevention Order, pruning of overhang shall be carried out up to a height of five metres above the firebreak.

  5. In addition to the firebreaks specified, plantations traversed by Western Power transmission lines have additional obligations under the Electricity Act 1945.

Townsite Land

Includes Residential, Commercial, and Industrial Land. Townsites: Donnybrook, Balingup, Kirup, Mullalyup, Newlands, Preston and Noggerup.

  1. Where the area of land is 2024m2 or less, remove all flammable material on the land except living trees, shrubs and plants from the whole land, remaining grasses to be slashed or grazed to a height that does not exceed 100mm and;

  2. Where the land exceeds 2024m2 clear f irebreaks not less than two metres wide, unless otherwise specified in the Local Planning Scheme, immediately inside all external boundaries of the land, and also immediately surrounding all buildings situated on the land. Grass on the remaining area of the land must be either slashed or grazed to a height that does not exceed 100mm, cut for fodder, or totally removed from the land.

  3. The Shire, in consultation with the relevant Fire Control Officer, may vary these conditions in certain circumstances.

  4. A person shall not set fire to rubbish, refuse or other materials on land 2000m2 or less situated within a townsite without prior approval from the Local Government.

Land Zoned as Rural Residential, Rural Small Holdings, and Tourist Zoning

The owners of all land zoned as any of the above under Local Planning Scheme No. 7, shall:

  1. Maintain a firebreak not less than 2m wide, immediately inside all external boundaries of the land, free of overhanging branches to a height of 4m.

  2. The Shire, on the recommendation of a Fire Control Officer (FCO), may vary these conditions in certain circumstances.

  3. A low fuel zone of 20m wide shall be provided immediately surrounding all buildings situated on the land. Grass on the remaining area of the land must be either grazed (within conventional practice), cut for fodder or completely removed from the land.

Fuel and/or Gas Depots

In respect of land on which is situated any container normally used to contain liquids or gas fuel, including the land on which any ramp or support is constructed, the land shall be cleared of all flammable materials.

Welding, Cutting & Grinding Equipment

A person shall not operate welding or cutting apparatus of any kind in the open air unless at least one fire extinguisher is provided at that place and a firebreak which is at least five metres wide surrounds that place.

Roadside Verges

The Shire’s Fire Control Policy 8.3 states that no verge is to be burnt without a permit for that specific purpose.

Summary of the Bush Fires Act 1954

  1. A Permit to Burn is required for the whole of the Restricted Period and can be obtained from the FCOs listed in this notice (see back page for a contact list).

  2. Any special conditions imposed by the FCO when issuing permits must be adhered to.

  3. Permit holders shall give notice of their intention to burn to:

    1. The Chief FCO (see contact list) or the Shire’s Community Emergency Services Manager (CESM) on 0439 595 355 no later than on the day when the burning is to take place. Weekend burning must be notified by Friday at 4:00pm.

    2. The owner or occupier of any adjoining land.

    3. The nearest Dept. of Biodiversity, Conservation & Attractions Office if the land is situated within 3km of State Forest. Our nearest DBCA Office (Kirup) is available on (08) 9731 6232.

    4. DFES Communication Centre - (08) 9395 9209.

  4. The period of notice to neighbours prior to burning cannot be more than 28 days or less than 4 days, although less notice may be determined by mutual agreement of all neighbours.

  5. Your attention is drawn to items 5-7 printed on your Permit.

  6. All landowners and occupiers who incur a bushfire have an obligation to assist each FCO to compile a Fire Report Form.

  7. Open fires requiring solid fuels within the Shire are not permitted from 15 December to 31 March each year, except in properly constructed fireplaces situated in authorised areas and not when a HIGH or above Fire Danger Rating (FDR) has been issued by the Bureau of Meteorology (BOM) for that area.

  8. During the Restricted Period, up to one cubic metre (1m3) of garden refuse and rubbish may be lit between the hours of 6:00pm and 11:00pm. This must be completely extinguished with water or earth by midnight (12:00am). One person capable of extinguishing the fire must be in attendance at all times. All flammable matter is to be cleared within five metres at all points of the site of the fire. No fires are to be lit during the Prohibited Burning period, or when a HIGH or above FDR has been issued for that area.

  9. Any incinerator is not permitted to be used when a HIGH or above FDR has been issued for that area. Any incinerator used to burn rubbish must be properly constructed - an open drum, with or without a lid, is not an appropriate incinerator.

  10. Slashing/mowing of grass and scrub is not permitted on days where a HIGH or above FDR has been issued for that area. A serviceable 9L minimum fire extinguisher must be present for all slashing activities carried out in the Shire.

Fire Control Officers & Additional Information

A list of all Fire Control Officers and their contact details can be found in the full Fire Prevention Order - a copy can be obtained at the Shire Administration Office, or you can view a digital version by clicking the link below.

View the Fire Prevention Order 2024-2025

Emergency Management Documents

Burning Periods & Other Requirements

Additional Information & Resources