2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Brendan Smyth)
Emergencies (Bushfire Reporting) Amendment Bill 2009

Contents
	Page

	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	New part 5.3B	2
	5	Dictionary, note 2	9
	6	Dictionary, new definitions	9
	7	Dictionary, definition of firefighting services	9
	8	Dictionary, new definition of relevant entity	10

2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Brendan Smyth)
Emergencies (Bushfire Reporting) Amendment Bill 2009

A Bill for
An Act to amend the Emergencies Act 2004

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Emergencies (Bushfire Reporting) Amendment Act 2009.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Emergencies Act 2004.
4	New part 5.3B
insert
Part 5.3B	Bushfire preparedness reports
85F	Definitions—pt 5.3B
In this part:
appropriate standing committee means—
	(a)	the standing committee of the Legislative Assembly nominated by the Speaker for this part; or
	(b)	if no nomination under paragraph (a) is in effect—the standing committee of the Legislative Assembly responsible for the consideration of emergency services issues.
bushfire preparedness report—see section 85G. 
bushfire recommendation means a recommendation in relation to the management of bushfires in the ACT arising from—
	(a)	a report prepared or commissioned by the Territory; or
	(b)	a plan prepared under this Act; or
	(c)	an inquest under the Coroners Act 1997.
firefighting services, in relation to bushfires, means services for the protection of life, property and the environment from bushfire.
relevant entity—each of the following is a relevant entity:
	(a)	the fire brigade; 
	(b)	the rural fire service; 
	(c)	the SES; 
	(d)	a manager of territory land or land occupied by the Territory.
85G	Bushfire preparedness reports
The Minister must give the Legislative Assembly, by the last sitting day before September in each year, a report (the bushfire preparedness report) that includes the information required under sections 85H to 85P.
85H	Bushfire preparedness report requirements—previous bushfire season
The bushfire preparedness report must include the following information in relation to the immediately previous bushfire season in the ACT:
	(a)	the total number of bushfires attended by an emergency service;
	(b)	the total area of land burnt by bushfires;
	(c)	the total cost to the Territory of undertaking firefighting services in relation to bushfires, and the estimated financial impact of bushfires on the ACT economy generally; 
	(d)	the number of members of the fire brigade, rural fire service or SES engaged, including as volunteers, for firefighting services in relation to bushfires;
	(e)	the total number of bushfires in other States attended by members of the fire brigade, rural fire service or SES, the total number of members who attended and the total cost to the Territory of the attendance.
85I	Bushfire preparedness report requirements—budgets, staffing, fire appliances etc for upcoming bushfire season
	(1)	The bushfire preparedness report must include the following information in relation to the state of preparedness of each relevant entity to deal with bushfires in the ACT during the upcoming bushfire season:
	(a)	the allocation, in the budget of each relevant entity, for resources for firefighting services in relation to bushfires; 
Examples—resources
staff, vehicles, aircraft, other fire appliances
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(b)	a list of plans prepared under this Act in relation to bushfires;
	(c)	a list of studies conducted or commissioned by the Territory in the previous 12 months in relation to bushfires; 
	(d)	the number, state of repair, age and availability of vehicles that are intended to be used for firefighting services in relation to bushfires;
	(e)	the state of repair, age and availability of other fire appliances that are intended to be used for firefighting services in relation to bushfires;
	(f)	the number of members of each relevant entity and community fire unit available for firefighting services in relation to bushfires;
	(g)	the level and currency of training in accredited courses of the members mentioned in paragraph (f);
	(h)	a long range weather forecast for the bushfire season.
	(2)	In this section:
accredited course means a course, in relation to firefighting, that is accredited or approved under a Commonwealth or State law.
85J	Bushfire preparedness report requirements—fine fuel reduction activity 
	(1)	The bushfire preparedness report must include the following information in relation to the conduct and effectiveness of controlled fires under section 84 (Fire fuel reduction) (a controlled fire) in the ACT in the previous 12 months:	
	(a)	an assessment of fine fuel in fire prone areas;
	(b)	the number of controlled fires that were planned to be undertaken;
	(c)	the number of controlled fires that were undertaken; 
	(d)	the area of land affected by the controlled fires that were undertaken;
	(e)	the effectiveness of the controlled fires that were undertaken.
	(2)	The bushfire preparedness report must also include information about the area of land affected by controlled fires that were undertaken in the ACT in the previous 10 years.
	(3)	In this section:
fine fuel means fuel that has a diameter under 6mm.
85K	Bushfire preparedness report requirements—access preparation for upcoming bushfire season
The bushfire preparedness report must include the following information about access to fire prone areas in the ACT:
	(a)	the following information in relation to fire trails in the previous 12 months:
	(i)	the length and location of fire trails cleared or upgraded;
	(ii)	the number of fire trails planned to be cleared or upgraded;
	(iii)	the number of new fire trails created (if any);
	(iv)	the number of fire trails closed (if any);
	(b)	the proposed maintenance program for fire trails over the next 12 months;
	(c)	the state of bridges in, and other road access to, fire prone areas, and the capacity of the bridges and road access to accommodate fire appliances, including vehicles, required for firefighting services;
	(d)	the state of landing strips in, and other aerial access to, fire prone areas, and the capacity of the landing strips and aerial access to accommodate aerial traffic required for firefighting services.
85L	Bushfire preparedness report requirements—protecting significant areas
	(1)	The bushfire preparedness report must include the following information about protecting significant areas:
	(a)	what areas have been identified as significant areas;
	(b)	what plans have been developed to protect the significant areas; 
	(c)	what action has been taken to implement the plans.
	(2)	In this section:
significant area means an area in which there is—
	(a)	a place or object on the heritage register under the Heritage Act 2004; or
	(b)	an item of infrastructure that provides an essential service within the meaning of the Utilities Act 2000.
85M	Bushfire preparedness report requirements—legislative requirements 
		The bushfire preparedness report must include the following information about the legislative requirements of each relevant entity in relation to bushfires:
	(a)	a list of the legislative requirements;
	(b)	what legislative requirements have been, or are being, complied with;
	(c)	what legislative requirements have not been complied with and an explanation of why the requirements have not been complied with.
85N	Bushfire preparedness report requirements—bushfire recommendations
The bushfire preparedness report must include the following information in relation to a bushfire recommendation made in the previous 20 years:
	(a)	a list of the bushfire recommendations made;
	(b)	which of the bushfire recommendations have been, or are being, complied with;
	(c)	which of the bushfire recommendations have not been complied with and an explanation of why the recommendations have not been complied with. 
85O	Bushfire preparedness report requirements—research and development
The bushfire preparedness report must include information about advances in the previous 12 months in research and development, equipment and methods for managing bushfires that are appropriate for the ACT.
85P	Bushfire preparedness report requirements—public education
The bushfire preparedness report must include information about any public education program, undertaken by the Territory or a relevant entity, to do 1 or more of the following:
	(a)	provide information about how people should prepare for or respond to bushfires; 
	(b)	provide information about the Territory’s preparations for the upcoming bushfire season; 
	(c)	increase public awareness about bushfire warnings under part 5.3A and the fire danger index.
85Q	Reports of appropriate standing committee 
The appropriate standing committee must report to the Legislative Assembly about the bushfire preparedness of the ACT for the upcoming bushfire season by the first sitting day after August in each year.
85R	Responses to standing committee reports
The Minister must give the Legislative Assembly a report in response to the report by the appropriate standing committee under section 85Q by the first sitting day after September in each year. 
5	Dictionary, note 2
insert
·	State
6	Dictionary, new definitions
insert
appropriate standing committee, for part 5.3B (Bushfire preparedness reports)—see section 85F.  
bushfire preparedness report, for part 5.3B (Bushfire preparedness reports)—see section 85G.
bushfire recommendation, for part 5.3B (Bushfire preparedness reports)—see section 85F.
7	Dictionary, definition of firefighting services
substitute
firefighting services—
	(a)	for part 4.6 (Other approved providers)—see section 60; and
	(b)	for part 5.3B (Bushfire preparedness reports)—see section 85F.
8	Dictionary, new definition of relevant entity
insert
relevant entity, for part 5.3B (Bushfire preparedness reports)—see section 85F.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2009.
2	Notification
	Notified under the Legislation Act on	2009.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2009