If you’re considering developing property in New South Wales (NSW), you’ve probably noticed a lot of paperwork involved. It can be overwhelming between council approvals, environmental considerations, and planning laws. Section 100B of the Rural Fires Act 1997 (the RF Act) often catches people off guard.

So, what is it? And why should you care when you’re trying to get your development approved? Let’s break it down in a way that’s easy to understand.

What is Section 100B Anyway?

Section 100B says that if you plan to develop certain buildings in a bushfire-prone area, you’ll need approval from the NSW Rural Fire Service (NSW RFS) in the form of a Bush Fire Safety Authority (BFSA). It sounds straightforward, but when dealing with development in vegetated areas, managing development goals with bushfire design requirements can get tricky.

What is a Bush Fire Safety Authority?

A Bush Fire Safety Authority is a formal approval issued by the NSW RFS under Section 100B of the RF Act. You need this authority if you’re planning certain developments on bush fire-prone land, particularly when the development falls under:

• Construction of a new building or certain types of additions to buildings that will be associated with those considered more vulnerable in bushfires, such as childcare, aged care facilities, schools, and hospitals in bushfire-prone areas
• Subdivision of land for residential or rural residential purposes

If this type of development is located on land mapped as bush fire-prone, the NSW RFS must assess and approve it to ensure that adequate fire safety measures are included.

What’s the Process Like?

When you lodge a Development Application (DA) with your local council for a proposal on land mapped as bush fire prone, and if it’s classified as integrated development, the council is required to refer it to the NSW RFS for assessment under Section 100 B. Here’s the typical process:

1. Submit DA to Council: Include bushfire-related documentation, often a Bushfire Assessment Report prepared by a qualified consultant.

2. Council Refers Application to NSW RFS: The council sends the relevant details to the NSW RFS for assessment.

3. RFS Assesses the Application: They evaluate whether the proposed development is considered to comply with section 100B of the RF Act, usually meeting the bush fire protection measures outlined in the Planning for Bush Fire Protection (PBP) guidelines.

If the NSW RFS is not satisfied that the development complies with section 100B, they may issue a Request for Additional Information. This will outline the required information/assessments to demonstrate compliance.

4. BFSA Issued (including General Terms of Approval, or GTAs):

• If the development complies, the NSW RFS will issue a BFSA, usually with associated GTAs (which must be included as conditions of consent).
• If there are concerns, they may request further modifications to the proposal or impose safety measures like asset protection zones, fire-resistant building materials, or safe evacuation routes.

5. Council Finalises the DA: The council considers the BFSA (and any conditions) when deciding on your overall development approval, noting Council would be obliged to require any GTAs the NSW RFS imposes.

Common Mistakes People Make

Here’s where things can go sideways:

Waiting too long to check bushfire requirements: People often get deep into their development plans only to realise late in the game that Section 100B applies. Don’t let that be you. Consult with a Bushfire Consultant early in the development.

Ignoring environmental considerations: Just because you want to clear land doesn’t mean you can do it without thought. The NSW RFS looks at the environmental impact too.

Thinking “it won’t apply to me”: Bush fire-prone land isn’t just out in the bush—it can include suburban areas near forest reserves or grass paddocks. Check the Council website in question to determine whether your DA would be on land mapped as bush fire prone (and/or check the NSW RFS bush fire prone land mapping tool at https://www.rfs.nsw.gov.au/plan-and-prepare/building-on-bush-fire-prone-land/bush-fire-prone-land/check-bfpl).

Final Thoughts

Navigating the development approval process—especially when dealing with bushfire—prone land—can be challenging. That’s where Agilus can help.

At Agilus, we specialise in guiding clients through the complexities of NSW’s planning system, including Section 100B approvals and Bush Fire Safety Authority (BFSA) applications. Our team works closely with local councils, the NSW Rural Fire Service, and experienced consultants to ensure your project stays on track.

Do you need help with your application or bushfire assessments? Contact us today, and let us simplify the process.

Disclaimer

The information provided in this blog is general in nature and should not be considered as legal or professional advice. Regulations and requirements can change, and each development application is unique. We strongly recommend consulting with qualified professionals and local authorities to ensure compliance with all applicable laws and guidelines.