Many complex arrangements exist within the State regarding responsibilities for fire prevention on different lands.
The following information gives a general overview of different agencies’ responsibilities for fire prevention.
You should be aware that in particular areas there may be variations to this general overview. Contact your local CFA Region office or your local council to clarify any local arrangements.
Council
Fire Prevention and risk management is a statutory responsibility of all municipal councils where the municipal district or part of the municipal district is in the country area of Victoria.
The CFA Act defines the country area of Victoria as 'that part of Victoria which lies outside the Fire Rescue Victoria district but does not include any forest, national park or protected public land'.
Section 43 of the Country Fire Authority Act 1958 (CFA Act) states 'it is the duty of every municipal council and public authority to take all practical steps (including burning) to prevent the occurrence of fires on and minimise the danger of the spread of fires on and from – any land vested in it or under its control or management; and any road under its care and management’.
Councils also have this responsibility for fire prevention and risk management under the Fire Rescue Victoria Act 1958 where the municipal district or part of the municipal district is in the Fire Rescue Victoria (FRV) fire district.
Each municipal council must appoint a Municipal Fire Prevention Officer (MFPO) and may appoint assistant MFPOs. Fire Prevention Officers have the power to assess fire threats to life or property in their municipal district, and if necessary, issue fire prevention notices on owners or occupiers of land requiring them to take specified steps to remove or minimise that threat.
Where a person fails to carry out the work required by a fire prevention notice, councils may initiate proceedings for an offence or serve a fire prevention infringement notice. In addition, under the Local Government Act 1989, councils or persons approved by council may enter private lands and undertake the works required by the notice. Councils can then recover costs from the landowner or occupier for that work.
MFPOs may also consider applications and issue permits to allow the use of fire in the open air during a declared Fire Danger Period for essential purposes and under specific conditions. On days of Total Fire Ban, no fires are to be lit in the open air unless a permit is issued by the relevant fire authority. Councils do not issue permits on days of Total Fire Ban.
Victoria Police have prosecution powers relating to fire including illegal burning without a permit during the Fire Danger Period or a day of Total Fire Ban.
Councils may also have local laws about lighting fires within their municipal district at any time of year.
Find your local council: Vic Councils
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CFA
In the country area of Victoria CFA provides policy, planning, leadership, training and best practice advice to support municipal fire prevention. CFA is represented on Municipal Emergency Management Committees and relevant sub-committees established in relation to fire management and prevention.
CFA arbitrates appeals against fire prevention notices issued by councils and under limited circumstances, can issue fire prevention notices.
CFA declares the Fire Danger Period for each municipality (shire or council) at different times in the lead up to the fire season. The commencement of a Fire Danger Period for a particular area depends on the amount of rain, grassland curing rate and other local conditions. During a declared Fire Danger Period, CFA restricts the use of fire in the open air. A Total Fire Ban can also be declared by CFA for the whole or part of Victoria at any time of year, on days when fires are likely to spread rapidly and could be difficult to control.
CFA may also consider applications and issue permits to allow the use of fire in the open air during a Fire Danger Period for essential purposes and under specific conditions. CFA may also issue permits for specified purposes under specific conditions on a day of Total Fire Ban. Depending on the location of the activity, permits may also be issued by FRV or DEECA.
More info: Warnings & Restrictions
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Department of Energy, Environment and Climate Action (DEECA)
DEECA is responsible for fire prevention and management within State forests, National parks and protected public lands under the Forests Act 1958. Some private lands adjoining these public lands (within 1.5km) are ‘fire protected areas’, and the lighting of fires in these areas during a period of fire restrictions is also managed by DEECA.
The period of fire restrictions under the Forests Act is called the Prohibited Period. The Prohibited Period for State forests, National parks and protected public land applies all year round. The prohibited period for private land within the fire protected areas is seasonal, and generally coincides with the Fire Danger Period declared under the CFA Act.
During a seasonal Prohibited Period, a DEECA authorised officer must provide written authority for fires to be lit on private land within a fire protected area. This permit cannot be issued by CFA, FRV or a council fire prevention officer. DEECA may also consider applications and issue permits to light a fire in the open air in fire protected areas, for specified purposes and under specific conditions on a day of Total Fire Ban under the CFA Act. The Total Fire Ban permits in the fire protected areas cannot be issued by CFA or FRV.
More info: Forest Fire Management Victoria
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Other Stakeholders
Like councils, public authorities also have statutory responsibilities for fire prevention for land under their management in the country area of Victoria.
The CFA Act defines a public authority as ‘any board commission trust or other body corporate or unincorporate established or constituted by or under any Act for any public purpose, whether in respect of the whole or any part of Victoria but does not include a municipal council'.
Section 43 of the CFA Act states, 'it is the duty of every municipal council and public authority to take all practical steps (including burning) to prevent the occurrence of fires on and minimise the danger of the spread of fires on and from – any land vested in it or under its control or management; and any road under its care and management'.
Public authorities also have this responsibility for fire prevention and risk management under the Fire Rescue Victoria Act 1958 for land under their management within in the FRV fire district.
Power Companies
Power companies are responsible for fire prevention and risk management around power lines. They are required to prepare Bushfire Mitigation Plans as outlined in the Electricity Safety Act 1998 and an annual management plan under the Electricity Safety (Electric Line Clearance) Regulations 2020.
The minimum vegetation clearance requirements for powerlines are detailed in the Code of Practice for the Regulations. The clearance distances are calculated based on a range of factors including whether the powerline is in a hazardous or low bushfire risk area; whether the powerline is high or low voltage; and the length of the section of powerline between power poles. Energy Safe Victoria - Electrical oversees and regulates these functions.
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Railways
Railway governance and management arrangements are complex in Victoria. Generally, Victorian Rail Track Corporation (Vic Track) and V/Line are responsible for maintenance of rail lines. Vic Track and V/Line are public authorities for the purposes of the CFA Act, and as such are responsible for fire prevention and risk management under section 43 of the CFA Act. Through lease agreements and franchising arrangements these authorities discharge their responsibilities through private rail companies who in turn contract out maintenance arrangements.
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Water Corporations
Arrangements in this area are complex due to a mix of several organisations having responsibility for the provision of water. All Water Corporations established under section 85 of the Water Act 1989 and listed in Schedules 1 and 1A to the Water Act are public authorities for the purposes of the CFA Act and as such are responsible for fire prevention and risk management under section 43 of the CFA Act. Water corporations may appoint a fire prevention officer who can issue permits to burn on their land in the country area of Victoria, during a declared Fire Danger Period.
DEECA and Parks Victoria are primarily responsible for fire prevention and suppression in many of Victoria’s water catchment areas as many of Victoria's significant reservoirs and catchment areas are located in National parks or State forests.
Contact the relevant Water Corporation for more detail on specific fire prevention responsibilities.
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Roads Authorities
Responsibility for Victoria’s public road network varies under the Roads Management Act 2004. As a general rule, VicRoads and Regional Roads Victoria are responsible for the maintenance of freeways, major highways and arterial roads, and non-arterial State roads. VicRoads and Regional Roads Victoria are public authorities for the purposes of the CFA Act and as such are responsible for fire prevention and risk management under section 43 of the CFA Act.
Municipal councils are responsible for municipal roads and DEECA is the responsible for roads in National parks and State forests.
Private roads are the responsibility of the road owner.
See Also: Vicroads and Regional Roads Victoria
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Owners and Occupiers
Owners and occupiers have responsibilities to ensure their properties are free of fire hazards that may put the lives and property of others at risk. Council Fire Prevention Officers have a power to issue Fire Prevention Notices when they form the opinion that it is necessary to remove or mitigate a threat to life or property, and where there is no procedure under any other Act or regulations that is more appropriate in the circumstances to address that threat.
Council or persons approved by council may enter private land to remove or minimise the threat if the owners or occupiers do not undertake the works required within the time frame or manner stipulated on the Fire Prevention Notice. If a Fire Prevention Notice is not acted upon, owners or occupiers may be liable to a penalty infringement notice or prosecution in court. The costs associated with the removal of the fire hazard are billed to the owner or occupier of the property.
More info: How to prepare your property
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Page last updated: Monday, 13 May 2024 5:10:47 PM