Albany man willing to risk court case as fight against council firebreaks request reaches Federal Government

An Albany man says he is willing to risk a court case to avoid installing firebreaks on his Kalgan property. Lawrence Anderson has refused the City of Albany’s request to install firebreaks along his property boundaries on the grounds it is unsuitable terrain and it would have a significant habitat impact on several threatened species. Mr Anderson and wife Margaret moved to their 3ha property in 1994. According to Mr Anderson, the issue of installing firebreaks to the northern and eastern property boundaries has never been a problem in their 26 years of living there. City of Albany public health and safety manager Scott Reitsema said the request came as a result of a random inspection undertaken at the property on Moonlight Road. “(It was) discovered that it does not satisfy the necessary safety requirements of the Bush Fires Act 1954,” he said. “Should there be a bushfire in the area, the property currently poses a risk to volunteer firefighters, the neighbouring community and the landowner.” Mr Reitsema said it was important to note application of the Fire Management Notice helped protect landowners, volunteer firefighters and the wider community. On March 18, Mr Anderson received a letter and warning notice from the City regarding the installation of firebreaks. “There have never been any problems before, this warning came without any notice ... it was just out of the blue,” he said. Under the City’s fire management policy, landowners can apply for a variation to fire management requirements to seek approval to implement alternative fire mitigation measures. A variation can be considered for several reasons, including steep terrain which makes the installation of firebreaks dangerous or impractical; areas of rocky outcrop which naturally reduce fire risk or prevent firebreaks from being installed; and rare flora and fauna which are likely to be affected by the clearing of vegetation. Mr Anderson submitted an application for a variation on April 2 for reasons of rocky and steep terrain, and protection of flora and fauna, but the City declined it on May 11. He said he was determined not to install the firebreaks. “My application for a variation was refused. In other words, I am required to install these firebreaks in spite of the fact that no machinery can undertake this work due to the nature of the terrain,” he said. “The measures I will take is to not install the firebreaks and risk a court case. “I am doing everything to avoid confrontation. I just want to sort it with the City and negotiate a sensible way out.” Mr Anderson said he was annoyed by the City’s response. “Why wasn’t something done before the subdivision was approved in the 1960s? I would like the City to withdraw the warning notice as I think this is inappropriate, my variation application approved and a written apology,” he said. The Kalgan man claimed the proposed action would have a direct impact on four wildlife species including the western ringtail possum, Baudin’s black cockatoo, Carnaby’s black cockatoo and the forest red-tail cockatoo. “Disturbance, damage and destruction of the bushland will result in an overall loss of habitat for all four species,” he said. Mr Anderson, now retired, said he had 25 years of professional experience in environmental management, including with the State Government. “There is no evidence of the neighbouring properties having to take the same action — I feel we are being targeted and singled out,”Mr Anderson said. However, Mr Reitsema said the unburnt property was a public safety risk. “The landowners’ property has not been burnt off in approximately 26 years, allowing fuel loads to grow, and currently there is no quick access away from a large-risk fire hazard zone on the property, making it a high-level risk to public safety,” he said. “Every property that requires firebreaks is subject to the same process.” He said residents who own land requiring firebreaks had three options to comply with the City’s public safety requirements. “These include establishing a fire management plan with advice from a qualified fire planning practitioner, seeking for wildlife authorities to deem the property of sufficient natural value to become a conservation zone or seeking a variation to the notice,” he said. “The City is continuing to explore these options with the landowner and plan to achieve fire management and public safety compliance on the property as soon as possible.” The matter has been referred to the State Administrative Tribunal and the Federal Department of Agriculture, Water and Environment. Mr Anderson has had a directions hearing with the SAT and another meeting is scheduled for August 31.