Adelaide Hills family threatened with fines if they enter bushfire bunker due to council stoush

They survived the devastating 2019 bushfires and did what they thought was the sensible thing. But now this family has been threatened with fines if they even step into their lifesaving bunker.

Daniel Katz and partner Jody Roberts standing above the entrance to their bushfire bunker in their Adelaide Hills backyard. Picture: Ben Clark

An Adelaide Hills family spent $25,000 to build a lifesaving bushfire bunker in their backyard, only to be threatened with fines if they enter it and forced to keep it padlocked.

Bridgewater homeowner Daniel Katz, 51, lives at an isolated haven in the Adelaide Hills with his partner and two children, and decided to build a bunker after surviving 2019’s devastating fire season.

But the state planning authority has not approved any bunkers for use in South Australia, so Adelaide Hills Council handed Mr Katz an enforcement notice last September while he seeks retrospective approval.

Daniel Katz with partner Jody Roberts, and daughters Mya (left) and Karni (right). Picture: Ben Clark

While the default penalty for entering is $500, the maximum fine could be as high as $20,000.

With bushfire season looming and his home surrounded by gum trees, Mr Katz has petitioned authorities to act quickly should worst come to worst.

“If we’re not able to leave early and we become stuck, we don’t want to risk our lives, so what else are we supposed to do?” he said.

“Our bunker meets the National Building Code, so no one is questioning whether it is fit for purpose. The problem is the regulations don’t allow for the approval of such a product.”

Example showing the inside of a bushfire bunker in Tasmania. Picture: Matt Thompson

The Katz’s insulated concrete fortress measures approximately three by three metres, can fit up to six people, and has one hour of oxygen.

Housing and Urban Development Minister Nick Champion said the state was not ready to give blanket approval to bushfire shelters because of safety fears.

Mr Katz and his family face a maximum penalty of $20,000 if they set foot into their bunker. Picture: Ben Clark

“Due to the complex nature of these structures and the unpredictable nature of bushfires, these shelters must undergo rigorous assessment on a case-by-case basis to determine suitability,” he said.

An independent review of the approval process is underway, which Mr Champion said is expected to be finished next month.

“It’s important to point out priority should always be given to leaving early in a bushfire event,” he said.

“Private bushfire shelters should never be considered a stand-alone measure against the hazards of a bushfire and are not an alternative to having a current bushfire survival plan.”

The 2019 Cudlee Creek bushfires tore through more than 70 homes in the Adelaide Hills. Picture: Phil Williams

Following the fatal 2009 Black Summer fires, Victoria rolled out an accreditation system for approving shelters, and Mr Katz said his model meets interstate standards.

Until South Australia clarifies the law, he said what is good for Victoria should be good enough here, and he is appealing the council’s orders in the Environment, Development and Resources Court.

“At this point, we can either leave early, and if we can’t, we have to find shelter either in the car or the shed,” he said.

“That’s the reality, because the government prefers I take that risk when the fire is coming through rather than using the bunker.

“I hope we never have to use it, but at this point, it is the best last resort option that we have.”

A Country Fire Service spokesman said it could not comment on individual cases, but that “unsuitable or poorly constructed private bushfire shelters can be dangerous and are not recommended as reliable protection in a bushfire”.

Originally published as Adelaide Hills family threatened with fines if they enter bushfire bunker due to council stoush