In this paper, Michael Eburn and his colleague Geoff Cary argue that the statement ‘Whoever owns the fuel owns the fire’ implies a duty on landowners to manage fuel on their land to reduce the likelihood of bushfires, however started, from spreading to neighbouring properties. However, the notion ‘Whoever owns the fuel owns the fire’ has not been analysed from a legal perspective. This paper reviews Australian law to identify who is legally responsible for fire that starts on privately owned land. We argue that the correct interpretation of existing Australian law is: ‘Whoever owns the ignition owns the fire’ – that is, liability to pay for losses caused by bushfire has always fallen on those that intentionally start a fire, not on the owner of the fuel that sustains the fire. That legal conclusion could have dramatic implications for fire management policies. It will be shown that liability for starting a prescribed burn is clear-cut whereas liability for allowing accumulated fuel loads to contribute to the spread of fire is almost unheard of. As a result, we argue that the law is pushing landowners in a direction away from the policy direction adopted by all Australian governments. After identifying the current legal position, we recommend changes to align the law with the national policy direction.
Falling koala numbers not a crisis, says expert
Australia’s cuddliest native animal is at the centre of fierce scientific dispute, with new research challenging conventional assumptions about koalas, their relationship with the bush and the wisdom of conservation campaigns designed to increase their numbers in the wild.
Vic Jurskis, a respected forester and ecologist and the author of a research paper to be published next week in Wildlife Research, a peer-reviewed, CSIRO journal, dubs it the great koala scam.
He says ignorance about koalas and poor management of our native forests have led to a situation where the decline of koala populations from unsustainable and unnaturally high levels is misinterpreted as a crisis.
Fire management clusters on Cape York
Fire is undoubtedly one of the most important factors influencing the health of the country, economic viability, and the cultural values of Cape York.
Indigenous people have supported biodiversity with knowledge-based fires for thousands of years, but wild fires can be very damaging.
Wild fires mean that ecosystems are injured and may be significantly changed, graziers lose pasture and stock, and erosion and sediment run-off can badly affect even the Great Barrier Reef. People managing their property as part of a fire carbon farming project also suffer significant economic loss.
Recently there has been a resurgence in traditional burning practices on Cape York.
This, along with the management of fire savvy graziers, Rangers, and other land managers, has seen big improvements in ecologically sound fire management, typically patchy in nature.
Firestick Ecology – On Sale Now
Secure yourself a copy of Vic’s book, Firestick Ecology.
Fairdinkum science in plain English by Vic Jurskis.
VFFA special offer is only $25 + postage.
Limited copies available.
Scientists tracing ancient Aboriginal fire practices on remote Tasmanian island unearth fresh timelines
A core sample taken from a remote Tasmanian island suggests Aboriginal people were using fire management on the island at least 41,000 years ago, experts have said.
The findings by a joint project involving the Tasmanian Aboriginal Centre (TAC) and scientists could provide insight into how people adapted to changing climates.
The TAC invited fire ecologist David Bowman and Australian National University natural history professor Simon Haberle to lungtalanana/Clark Island in Bass Strait to conduct research after it was ravaged by fire in 2014.
They took a core sample from a lake on the island which contained charcoal and pollen.
From that they were able to reconstruct the island’s fire history by determining how often vegetation had burnt over thousands of years.
The Untold Story
The Untold Story (2015) features the people from the high country in Victoria, talking about the problems with bushfires and wild dogs.
Cattle have been banned from grazing in the high country, this is a practice that was done perfectly for 160 years and proved to control fires and regenerate the bush.
Less fuel equals less fire.
Fighting Carbon with Fire in Western Arnhem Land, NT
Arnhem Land – Aboriginal fire ecologist, Dean Yibarbuk, explains how traditional fire management practices have kept the country healthy for thousands of years. Recently, his mob have been working with local scientists to adapt the regime of traditional fire management to reduce greenhouse gas emissions.
Indigenous Cool Burn a Revelation
Vegetation Management Officer Phil Hawkey describes himself as “on a journey” as he increases his knowledge of Aboriginal traditional burning.
It began three years ago when Phil attended a traditional burning workshop in Orange, New South Wales.
“That was the lightbulb moment,” says Phil, “I tell people I’ve found something new that’s 30,000 years old. It’s done with method, with science, with great care,”
His knowledge took a giant step forward when he attended a traditional burning workshop in Cape York with Group Officer Len Timmins. Then in its ninth year, each workshop moves location. It means that, for his return to Cape York this month, there will be new lessons to learn amid different topography and vegetation.
You Own the Fuel, but Who Owns the Fire?
This post contains a legal assessment of the question “You Own the Fuel, but Who Owns the Fire?” by Mr Michael Eburn (whom we have much respect).
The VFFA would like our readers to consider not only the legal ramifications but the consequence of failing to properly manage fuel loading.
Fire and the Story of Burning Country
Our ever increasing fuel loads are reaching catastrophic levels and are threatening our people, property and environment.
Regardless of your views on climate change, the fuel load issue is the only part of the equation that we can do something about. We react to fire without fully understanding and embracing its true potential as a tool for cleansing and rejuvenating the land.
This video was created as part of a photographic and book production by Peter McConchie.