Inquiry into the fire at Yankees Gap Road, Bemboka

Case Number: 2019/00001534

Findings Date: 8 November 2024

Magistrate: Joan Baptie

CORONIAL LAW | general inquiry, cause, origin and circumstances, hazard reduction burn on private property, Bush Fire Hazard Reduction Certificates, whether burn appropriately managed pior to breach of containment

Responses        

Recommendations to	Response
To the Commissioner of the NSW Rural Fire Service (RFS)	Awaiting

Recommendations

To the Commissioner of the NSW RFS

(1) The RFS review its Operational Protocol for Prescribed Burning, and/or other relevant policies, to include practical guidance for officers conducting pre-burn site inspections or providing advice for private burns.

(2) The RFS develop a checklist or other tool which can be used for pre-burn inspections or when providing advice, with a focus on risk management and safety. The checklist or tool should require consideration of the following (non-exhaustive) list of factors:

a. fuel loads;

b. proximity to areas containing high fuel load such a bushland, National Parks or State Forest;

c. weather forecasts;

d. anticipated Australian Fire Danger Ratings;

e. quantity and location of water sources, and access to those sources;

f. firefighting equipment available to the landowner, including water pumps;

g. access to proposed fireground, including access of RFS firefighting vehicles;

h. topography;

i. intended burn area and time;

j. width of containment lines and breaks;

k. redundancy options;

l. whether the circumstances or complexity of the proposed burn warrant involvement or assistance from the RFS and/or Fire Control Officers, both in managing the burn and/or when inspecting the site prior to the proposed burn being lit.

(3) The RFS develop education and training for officers conducting pre-burn site inspections or providing advice for private burns. The RFS encourage local brigades to nominate a representative to undertake such training and take the lead on pre-burn site inspections in their local area.

(4) The RFS review its Standards for low intensity bush fire hazard reduction burning, ‘Before you light that fire’ pamphlet, and/or other relevant policies available to the public, with a view to enhancing the operational guidance content. Such guidance material is to direct that consideration be given to forecast risks and redundancy options and should provide resourcing guidance.

(5) The RFS update its procedures and policies, or develop a specific procedure, to provide clear, documented protocols clarifying the command and control arrangements in place when:

a. RFS units are actively assisting a private landowner to implement a hazard reduction burn in a situation where no formal (written) request for assistance process has been actioned;

b. RFS units are responding to a triple-0 call relating to a fire situation where a private landowner is in the process of implementing an unassisted private hazard reduction burn, and RFS units undertake fire control actions on the fireground out of necessity, to reduce the risk of fire escaping;

c. RFS have assisted a private landowner to implement a hazard reduction burn in a situation where no formal (written) request for assistance process has been actioned, and RFS officers decide the hazard reduction burn is sufficiently safe for RFS units to leave the fireground, and the private landowner is agreeable to this;

d. RFS have assisted a private landowner to implement a hazard reduction burn in a situation where no formal (written) request for assistance process has been actioned, and RFS officers decide the hazard reduction burn is sufficiently safe for RFS units to leave the fireground, and the private landowner is not agreeable to this.

(6) The RFS review its procedure and policies with a view to include clear directions for firefighters to consider weather forecasts, drought index and Australian Fire Danger Index when planning, responding to, managing or deciding to leave a burn.

(7) The RFS review its training with a view to include or renew emphasis on the requirement for firefighters to consider weather forecasts, drought index and Australian Fire Danger Index when planning, responding to, managing or deciding to leave a burn.

(8) The RFS review its Bush Fire Hazard Reduction Certificate assessment form, and/or other relevant procedures, with a view to incorporate a high level qualitative operational risk assessment of the application, facilitating the identification of potentially ‘high risk’ private hazard reduction burns to alert landholders to increased safety risks, and which may trigger further review by the RFS or approval via an alternative process.

(9) The RFS consider introducing procedures whereby the notification by a landholder of a planned burn triggers an officer review of upcoming weather forecasts and Australian Fire Danger Ratings, to be conveyed to the landholder and/or local brigade if conditions for safely managing the burn are forecast to deteriorate.

(10) The RFS consider developing a checklist of questions to be asked when private landholders notify the RFS of planned prescribed burns, including planned size and duration of the burn.

(11) The RFS consider how the Hazard Reduction Certificate system could be improved so that hazard reduction burns of specified parameters are mandated as requiring a Fire Permit year-round.

(12) The RFS review its Guidelines for Permit Issuing Officers with a view to updating the condition determination process to a risk-based approach aligned with Australian Standard ISO 31000:2018 or equivalent.

(13) The RFS develop material to further educate their volunteers and staff in relation to:

a. their powers to extinguish or prohibit a notified burn if circumstances require;

b. the tools available at their disposal, or the Fire Control Centre’s disposal, to assist with pre-burn site inspections and management of ongoing burns;

c. assessment of risk and management of burns when responding to incidents involving prescribed burns on private properties; and

d. pre-emptive fire management by the RFS on private land when called on for assistance. The education material be presented in diverse formats, including in-person trainings or meetings, via pamphlets, or pre and post fire incidents.

(14) The RFS review its distribution of material designed to educate the public in relation to the requirements for conducting a prescribed burn outside of the Fire Danger Period, with a view to consider how awareness of this material can be increased

(15) The RFS review their educational material with a view to increase awareness and clarity in respect of the authorities required to conduct a prescribed burn outside of the Fire Danger Period.

(16) The RFS review the Prescribed Burn Forecast Tool to increase clarity regarding the ‘poor’ category of prescribed burning conditions.

(17) The RFS implement a system where Bush Fire Management Committees are prompted to consider, on an annual basis, whether the Fire Danger Period for that year should be amended to reflect increased or reduced adverse fire conditions.