Page 4785 - Week 15 - Thursday, 8 December 1994

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Fire officers who are authorised by the chief officer to eliminate fire hazards by entering premises once directions have been issued and not complied with and to eliminate the fire hazards in emergencies will be fire officers who have served in a community safety area, thus being best placed to interact with members of the community regarding these issues. I have raised the issue of how fire officers will approach residents with native gardens, given that a fire officer can have regard to the amount of timber or vegetation on the premises which can be taken into account when assessing the fire hazard. Apparently, native gardens can be well protected from fire hazard, and green English gardens will not necessarily be preferred to native gardens. If appeal proceedings are in train, no direct action can be taken to reduce fire hazard; but then the situation would be no different from the current situation, without the new provisions in the Act. The officers who briefed me do not believe that many people will instigate appeal proceedings; they believe that people will prefer to cooperate with fire officers, in both their own interests and those of the general community. I believe that this is a fairly realistic expectation.

Madam Speaker, through his officers, I have drawn to the Minister's attention the need to move several amendments to this Bill. Although property owners, including the ACT Housing Trust, will be responsible for the reduction of fire hazard around their properties, the amendments will ensure that the occupiers of these properties also are aware of what is happening in relation to the premises at which they are living. This is especially important where owners have not complied with a direction issued by a fire officer and that officer or another officer is seeking entry to the premises on a subsequent occasion. In conclusion, Madam Speaker, I am pleased to support the Bill and the amendments to be proposed by the Minister. I am sure that all members of this Assembly hope, as I do, that the forthcoming bushfire season will not be a dangerous one for the residents of the ACT.

MR LAMONT (Minister for Urban Services, Minister for Housing and Community Services, Minister for Industrial Relations and Minister for Sport) (11.34): Madam Speaker, I appreciate the support from both the Independent members and the Opposition. I indicate that, as foreshadowed by Ms Szuty, I will be moving several amendments. Those amendments, principally, will address the question of the definition of an owner and an occupier, to ensure that, where a landlord-tenant relationship exists, the landlord will be notified, as well as the tenant, in relation to requirements or instructions to remove flammable materials or materials of concern.

In this in-principle stage of the debate I wish to reflect upon the comments made in my presentation speech and upon the explanatory memorandum to the Bill. In particular, I would like to draw the Assembly's attention to the simple fact, which Ms Szuty has outlined as well, that these provisions already operate in regard to the rural area covered by the Bushfire Act. It is appropriate that the Urban Fire Service be provided with the same armoury to deal with fire hazards. I cannot recall an occasion on which the Rural Fire Service have been called upon to enact similar provisions in their area when there has been a level of disputation or suggestions that it was unwarranted or unnecessary. I think the work that is done by the Rural Fire Service in giving effect to their authority is highly regarded within the rural community. I believe that the professionalism of the Urban Fire Service, the way in which the Urban Fire Service has


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