Norfolk Island Continued Laws Amendment (Fire Control) Ordinance - FAQ

FAQ

February 2023

The Norfolk Island Continued Laws Amendment (Fire Control) Ordinance 2023 is now in effect. The Ordinance updates and improves the Fire Control Act 2000 (NI) (the Fire Control Act), including by strengthening the ability of fire authorities to prevent and deter fire outbreaks on island. A key feature of the amendments is to extend the permit system to provide fire control officers with greater oversight of planned fires.

Summary of changes

Previously, the permit system only applied during periods of acute fire danger as declared by the Administrator, including days on which a total fire ban was declared.

Under the updated laws, fire management will be the responsibility of the Norfolk Island Regional Council, primarily the Chief Fire Control Officer.

The Chief Fire Control Officer now has the power to declare total fire bans and fire danger periods, during which permits will be required to light most fires. Permits will also be required year-round for fires to clear land, burn firebreaks, and burn large quantities of green waste.

The Ordinance also updates language, modernises penalty provisions, increases deterrents, and extends the maximum term of the Chief Fire Control Officer.

Maximum financial penalties for offences in the Fire Control Act have increased so that they are more proportionate to the maximum terms of imprisonment. New penalties, including for burning solid waste like plastics, have been introduced as well.

In developing the Ordinance, the Department worked closely with fire control authorities on Norfolk Island and undertook three rounds of public consultation between 2020 and 2022.

Why were amendments to the Fire Control Act 2000 (NI) necessary?

The amendments were in response to concerns from the Norfolk Island Chief Fire Control Officer and community about fire safety issues on-island. The legislative measures reduce the threat of uncontrolled fire, damage to land and property, and danger to the health and wellbeing of the community.

Norfolk Island Continued Laws Amendment (Fire Control) Ordinance 2

How has the permit system changed?

The permit system has been extended to give fire control officers increased visibility of planned fires and assist them plan and take appropriate action when necessary. The previous permit system applied only during periods of acute fire danger as declared by the Administrator, including days on which a total fire ban had been declared. However, permits were not required on other days when windy conditions may have increased the risk to the community and firefighters needed to be aware of planned fires.

Under the reforms, the Chief Fire Control Officer is empowered to declare total fire bans and fire danger periods. This is appropriate, given the role of the Chief Fire Control Officer and their understanding of local conditions. During fire danger periods, permits will be required to light most fires. Exemptions apply to the use of barbeques and stoves, fireplaces and incinerators, subject to particular requirements.

In addition, permits will be required year-round for fires to clear land, to burn firebreaks, and to burn large quantities of green waste. These new requirements will be critical to reducing the risk of bushfire, noting most bushfires on island have arisen from escapes from burning green waste, burning off, and accident or carelessness.

Will the changes to the permit system result in new fees being introduced?

The Ordinance does not impose any requirements for fees for permits. The Chief Fire Control Officer and Norfolk Island Regional Council do not currently collect fees for permits.

How have penalties changed?

The existing maximum sentences of imprisonment reflect the seriousness of the offences and the risk the conduct poses to the community. However, the ratio of fines to imprisonment was much lower than for many offences in other legislation. Under the Ordinance, financial penalties for offences have been increased to further deter the misuse of fire and to align with penalties in operation across similar communities. There have been no changes to imprisonment terms.

For example:

The Ordinance also creates several new offences, including for:

- Using fires to clear land without a permit

- Undertaking hot works during a total fire ban (except where needed to repair an essential service)

- Burning solid waste (except green waste).

Can you provide more detail on the offence for burning solid waste and what that means?

It is now an offence to burn solid waste (other than green waste) in the open air. The penalty for this offence is $3,000 (30 penalty units) or imprisonment for 1 year, or both.

Solid waste means material that is not green waste. This includes both commercial and household waste and potentially hazardous materials such as plastics, tyres and painted or treated wood.

There are some limited exemptions for burning solid waste under the laws. This includes if a person has been directed to by the Chief Fire Control Officer. The Chief Fire Control Officer, a Fire Officer or a Volunteer Fire Officer are permitted to burn solid waste for the purpose of stopping the progress of a fire occurring on any land. There is also provision for solid waste to be burnt in the open air if in accordance with the Public Reserves Act 1997 (NI) or the Environment Protection and Biodiversity Conservation Regulations 2000 (Cth).

Why are the maximum financial penalties for fire offences lower than those in the exposure draft?

The maximum financial penalties are lower than those in the exposure draft ordinance released for public consultation in August 2022. The new penalties introduced into the Fire Control Act 2000 (NI) take into account the differing economic conditions on Norfolk Island, compared to other mainland jurisdictions.

Overall, the amended Fire Control Act 2000 (NI) increases the maximum financial penalties by a factor of three. Increasing financial penalties will help deter the illegal use of fire, noting limited firefighting capabilities on island and drying climate. As a general rule, maximum penalties should be adequate to deal with the worst possible offending.

Where can I get more information on the changes?

You can contact NIRC Fire Services on 22049 or the Department’s on-island team on 23315