CFA attacked over back-burn damage to property

Submitted: Monday, Feb 13, 2006 at 19:04
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CFA attacked over back-burn damage to property
By Daniel Ziffer
February 13, 2006

A FARMER has hit out at the Country Fire Authority for torching much of his property during the Grampians bushfire.

Tom Napier has hired a solicitor to claim damages for what he says was unnecessary destruction.

The decision to back-burn his Mirranatwa property on Australia Day was made to protect other land from the fire raging in the Grampians National Park, the CFA said last week.

However, a leaked document suggests that the CFA's inability to get Government approval to back-burn in public forest meant almost 260 hectares of Mr Napier's adjoining property was razed.

Opposition agriculture spokesman Denis Napthine, who visited Mr Napier's property, said he was shocked and appalled by the amount of devastation done with the objective of protection.

"If a fire starts in public land, is fuelled by public land and threatens to leave public land, that's what you should use to put it out — public land," he said.

"The only real damage done by fire to farming property on the western side of the Grampians was done by back-burning operations."

The document obtained by The Age was sent from Region 5 CFA headquarters in Hamilton on the morning of January 27.

"Last night permission could not be obtained to burn the public land," it reads, before detailing the back-burning of Mr Napier's property, Glen Elva.

Mr Napier is furious about the CFA action, which destroyed almost a third of his property and endangered 500 sheep. The burnt paddock — 1.6 kilometres wide and deep — was full of grass to feed 1000 sheep and 400 cattle on the property.

He was not notified of the back-burn, which his father discovered about 7pm on January 26, conducted by what he estimated to be 20 CFA trucks. They left with the paddock still on fire.

The fire destroyed the fence that his property shares with the national park and burnt into the forest. The next day 800 metres of fencing was destroyed in a clean-up operation, he said.

A CFA spokesman said the back-burn was intended to establish a control line to protect the top end of the Victoria Valley.

"The strike team leader looked at the fuel load, the natural land features and (other conditions) before making their decision," CFA deputy incident controller Greg Leach said.

Mr Leach defended the actions of the crews, who he said had to evaluate weather conditions and fire behaviour in deciding where to back-burn.

He added that the CFA Act designated damage done to suppress or prevent fire as if it had been done by the fire.

But Mr Napier was not appeased by the explanation. "This wasn't a wildfire. This was a burn-out and it wasn't necessary," he said. "Under the act they can just please themselves and come in and burn you out."

His solicitor, Mark Stratman of Hunter Newns in Hamilton, said he questioned the necessity of burning the land and the CFA's process for choosing it.

"(But) we're not suggesting for a minute that they did it for any reason other than the best motivations," he said.

CFA deputy chief officer Craig Lapsley said a "triangle" of public land mentioned in the leaked document was not allowed to be burnt because its elevation increased the likelihood of spot fires in the region. Instead, the Napier property was burnt.

The triangle was burnt about 3am the next day, he said.

A crew with local knowledge had been at the fire, he said, but he could not explain why Mr Napier's fences were burnt and why he was not notified.
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Reply By: Member - Willie , Epping .Syd. - Monday, Feb 13, 2006 at 19:11

Monday, Feb 13, 2006 at 19:11
Truckster ,

That is pretty amazing . He should not have to sue them , there should be an automatic system for rectifying the damage they caused .

Better be careful here Truckster - we might be thrown in goal for criticizing the govt .

Willie .
AnswerID: 154757

Follow Up By: Truckster (Vic) - Monday, Feb 13, 2006 at 19:12

Monday, Feb 13, 2006 at 19:12
Nothing suprises me..
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Reply By: Glenn (VIC) - Monday, Feb 13, 2006 at 21:23

Monday, Feb 13, 2006 at 21:23
Are you sure Tom Napier doesn't work for the DSE? He is probably a Thwaites mole who is going to try and recover some money just in case the DSE themselves get sued for failing in their duty of care when it comes to extinguishing bushfires.

It is a sad world when heroes get crucified, whilst louts get away with murder.

MTCW

Glenn
AnswerID: 154786

Follow Up By: Truckster (Vic) - Monday, Feb 13, 2006 at 21:27

Monday, Feb 13, 2006 at 21:27
Again, I thought Humans gettin shafted and louts gettin away with it was how it was supposed to be?? Thats what happens everytime, so ....??
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Follow Up By: Glenn (VIC) - Monday, Feb 13, 2006 at 21:35

Monday, Feb 13, 2006 at 21:35
Way of the world now Trucky....sad for our kids generation and further on...:(

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Follow Up By: Truckster (Vic) - Monday, Feb 13, 2006 at 22:33

Monday, Feb 13, 2006 at 22:33
Wat was that movie back in the 80's
something like escape from newyork, where anarchy ruled, the weak were killed and only a few survived, sort of like 1990/2000 in the business world :(
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Follow Up By: Gramps - Monday, Feb 13, 2006 at 22:37

Monday, Feb 13, 2006 at 22:37
"like 1990/2000 in the business world"

Why only 1990/2000 ? It's always been like that.
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Follow Up By: Truckster (Vic) - Monday, Feb 13, 2006 at 22:40

Monday, Feb 13, 2006 at 22:40
yea but it really became dog eat dog then more than ever.

How many fuel companies are there now?

Same with dept stores/hardware stores..
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Follow Up By: Gramps - Monday, Feb 13, 2006 at 22:45

Monday, Feb 13, 2006 at 22:45
Yeah, I think it's more the size of the companies being taken over that really rams it home now. There are'nt many that are'nt looking back over their shoulders at the moment.
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Reply By: Trekkie (Member - WA) - Monday, Feb 13, 2006 at 23:00

Monday, Feb 13, 2006 at 23:00
I think the real problem lies with the inability to get Government approval to burn back public land. Now over the years in all Australian states how much power is held by the greenies who refuse to make the RIGHT decision and allow back burning in State Forrests. The finger was pointed several years ago in Sydney. More pressure needs to be put on Govt authorities to do what needs to be done and leave the greenies out of this one.
AnswerID: 154815

Follow Up By: Member - Bill F (VIC) - Monday, Feb 13, 2006 at 23:38

Monday, Feb 13, 2006 at 23:38
Hear Hear
But who is the Government and who is the ARMS LENGTH AGENCY that they all use as excuses when the bleep e hits the fan
The GOVERNMENT IS RESPONSIBLE and the MINISTER at the time is RESPONSIBLE unless the Minister HAS done something to FIX the problem

If a Minister accepts a portfolio HE/SHE is responsible from that time
Like the glory accept the gory

To old to worry but but young enough to accept the responsibility

Bill
Fay'd away from the crowd

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Follow Up By: Mike Harding - Tuesday, Feb 14, 2006 at 06:54

Tuesday, Feb 14, 2006 at 06:54
I'm a little surprised that the CFA need permission to back burn public land yet, it appears, can burn private land with impunity.

Mike Harding
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Follow Up By: Ken - Tuesday, Feb 14, 2006 at 08:28

Tuesday, Feb 14, 2006 at 08:28
Truckster may confirm this but I understand the CFA crews are not even allowed to work in National Parks and have in the past stood around the edges of fires having been excluded from the fireground by DSE & Parks.
There is an almost criminal attitude to fighting fires on the part of the land managers; they never hit them hard enough at the start, they are reluctant to backburn [possibly not a bad thing given their lack of experience] and only when things are desparately out of control do they bulldoze breaks.
While the story that started this post is no doubt a bad result for the landowner it could be this was the only place where CFA had the authority to conduct the back burn. Who knows what would have happened had they not done it, this private land like so much other could have been wiped out anway from another NP originating fire.
The fairyland concept of a pristine NP sitting there for greenies to admire will prove to be the ruin of so much of what we hold dear. Fire management seems to be reduced to responding to outbreaks or conducting ill prepared burn offs. In the past the Forestry Dept's knew the risks and dangers. They had track networks for access and containment and heavy equipment to get in and stop fires running amok. Don't you wonder why now with 100 times more tankers, a fleet of helicopters and fixed wing water bombers, that we still have fires on the scale we did 70 years ago?
Ken
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Follow Up By: Member - Darren T (VIC) - Tuesday, Feb 14, 2006 at 17:10

Tuesday, Feb 14, 2006 at 17:10
Spot on there Ken,
CFA work completley seperate from the Dept. of Sparks and Wildfire (sorry, I mean Parks and Wildlife) and other government operated departments (DNRE, DSE etc.).
Quite a few times I have heard (from both CFA members and Ex DSE workers) that if a fire is burning in a national park, CFA are not allowed to go in and put it out, they have to get permission first and if they can`t get it, wait outside the park perimeter for it to come to them.

Nearly all burning off (fuel load reducing burns) these days are now done by one government run department or another, very few burn offs (if any) are performed by the CFA. I think the CFA like everyone else, has to now apply for permits for burning off, doesn`t matter if its public land along the roadside or private land. And to get a permit, you need to prove the area needs to be burnt off and not just because it is easier and more convenient.

Roadside vegetation protection is the most bizarre situation I have seen. About the only thing your allowed to do with it is walk on it, and only if you do that very carefully. Anything growing or lying on the ground is determained to be "native habitat" for the fauna in the area.
But it seems to be alright to kill the fauna with your car while travelling at 100km/h through the centre of their "habitat". Don`t make too much sense to me.

Enuff of my rambling, and back to the original post. I would have hate to think what would have happened to the farmers (and neighbouring farms) feed and stock if the CFA did nothing to attempt to stop the fire by backburning, maybe he wouldn`t have any left?? But probably would have sued anyway because no action was taken to protect his property.
Wildfire is to unpredictable to foresee what the out comes will be, sometimes you have to take the best chance you get.

Well, that`s my thoughts, I`m off for a beer,
Cheers.
Darren
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Follow Up By: Mike Harding - Tuesday, Feb 14, 2006 at 18:12

Tuesday, Feb 14, 2006 at 18:12
>Truckster may confirm this but I understand the CFA crews
>are not even allowed to work in National Parks and have in
>the past stood around the edges of fires having been excluded
>from the fireground by DSE & Parks.

I heard a Vic government minster flatly deny the above on [sic] (St) Jon Feign's radio programme about 2? weeks ago.

It seems to be an issue which need full clarification - because if I have to choose between the CFA and the Department of Sparks and Embers to fight fires... well... I suspect you get my drift.

Mike Harding
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Reply By: Shaker - Tuesday, Feb 14, 2006 at 10:56

Tuesday, Feb 14, 2006 at 10:56
They're damned if they, and damned if they don't!
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Reply By: Member -Dodger - Tuesday, Feb 14, 2006 at 17:45

Tuesday, Feb 14, 2006 at 17:45
They would have did the burn with all the best intentions and due care. However now the authorities should reconpense the man for stock food losses and fencing and leave it at that.
Sounds a bit like Govt Deps gone wild.
I used to have a handle on life, but it broke.

Cheers Dodg.

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Reply By: desert - Wednesday, Feb 15, 2006 at 21:54

Wednesday, Feb 15, 2006 at 21:54
The DSE is the responsible agency for fires on public land. CFA is responsible for fires on private land. Under the CFA act, they could have burnt down his house if it was necessary to control a fire which is threatening life or property.The act is very powerful when a fire is going, basically, they can do almost anything within reason if it can be justified by the OIC. The farmer should save his money and the solicitor should refuse the action as a lost cause.
AnswerID: 155230

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