Sutton Rural Fire Brigade
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Fire Safety

Who Is Responsible?
Maintaining a safe environment against bushfire and its consequences is a co-operative endeavour involving landholders, shire councils, state and federal government authorities, insurance companies and you, whoever you may be. Here are some specific questions, and some answers. Any commentary is welcome, and will be included if appropriate.
Who is responsible for putting out fires in rural areas?
The New South Wales Rural Fire Service, of which your local Rural Fire Brigade is a part, is responsible for putting out bushfires and grass fires in rural areas. They assist the regular Fire Brigade at structural fires and, if first on the scene, may be responsible for containing the situation. Rural landholders are also responsible for ensuring that they have certain firefighting capabilities, especially in the provision of accessible water supply. They must also ensure that there is access to their property. Landholders must be aware that the Rural Fire Service is a volunteer organisation and response times to fire incidents are dependent upon the availability of volunteer personnel.
Who is responsible for reducing fire hazard on private property?
The landowner is responsible for ensuring that there is not excessive fuel burden on their own property. If excessive long dry grass or other fuel burden on private land is posing a threat to neighbours, a notice can be served for its removal. If you feel threatened by fire hazard on a neighbouring property, discuss the situation with your local Rural Fire Brigade captain.
Who is responsible for reducing fire hazard on leased land?
A lessee has the same responsibilities as a landowner.
Who is responsible for reducing fire hazard on public land?
The local shire council is responsible for public areas such as road verges, sports grounds and reserves. If they are not doing their job here, get on to them. The local Rural Fire Brigade may assist by carrying out control burns in certain public areas if appropriate. National parks are the responsibility of National Parks and Wildlife.
Who is responsible for the management of a control burn on private land?
The landowner is responsible for the safe conduct of any burnoff or bonfire on their own property. The Rural Fire Brigade may, but is not obliged to, assist with the conduct of a control burn, but the responsibility to reduce fire hazard and to ensure that the burn does not escape to neighbouring properties is that of the landowner. The landowner is also responsible for informing their neighbours, the local Fire Control centre and their local Rural Fire Brigade before conducting such a burn.
Who is responsible if a fire spreads to a neighbouring property?
If a fire starts as a control burn, or is started by negligence, for example by a landowner slashing, welding or anglegrinding outdoors in a high risk situation, the landowner may be held responsible for damage caused to neighbouring properties if the fire escapes. If the fire started by a random event like a lightning strike this may be a different matter. As every circumstance is different, this may be one for the lawyers, but in principle negligent behaviour can lead to responsibility for the consequences to others.
Who is responsible for apprehending those who deliberately light fires?
Deliberately lighting fires is a criminal offence and apprehending the perpetrators is the responsibility of the police. If you see such an incident, the police will be very pleased if you can provide information that may identify the culprit. Descriptions of individuals or vehicles, number plates or anything else useful should be passed on. Sometimes one firebug will light a number of fires.
Who is responsible for the safety of volunteer firefighters?
Volunteer firefighters are covered by workers' compensation and work under occupational health and safety guidelines. Their training includes information on best practice in relation to safety issues. It is up to individual firefighters to ensure that they always follow the guidelines that they have been taught in relation to emergencies. In a worst case scenario there may be legal measures taken to ascertain responsibility for situations involving injury or death. Safety is a primary concern at all levels of the Rural Fire Service.
These answers are general guidelines and do not constitute authoritative legal opinion. For that you need a lawyer.
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