Western Australia
Bush Fires Act 1954
Reprint 6: The Act as at
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Endnotes, Compilation table
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3.A table
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2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
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Western Australia
Bush Fires Act 1954
CONTENTS
1.Short title1
Part I — Preliminary
3.Commencement2
4.Saving provisions2
7.Interpretation2
Part II — Administration
10.Powers of Authority5
12.Appointment of bush fire liaison officers6
13.Duties and powers of bush fire liaison officers6
14.Members of the Authority and other persons may enter land or buildings for purposes of the Act7
Part III — Prevention of bush fires
Division 2 — Prohibited burning times
17.Prohibited burning times may be declared by Minister9
Division 3 — Restricted burning times
18.Restricted burning times may be declared by Authority12
20.Regulations as to restricted burning times16
Division 4 — Bush fire emergency period
21.Minister may declare bush fire emergency period17
Division 5 — Burning during prohibited times and restricted times
22.Burning on exempt land and land adjoining exempt land18
23.Burning during prohibited burning times20
24.Bush on land growing subterranean clover may be burnt during prohibited burning times21
24A.Bush on land in prescribed irrigation areas may be burnt during prohibited times for the purpose of germinating clover22
24B.Production of permit to burn may be required23
24C.Interpretation for sections 24C to 24G24
24D.Burning garden refuse prohibited if fire danger is extreme or very high25
24E.Burning of garden refuse at rubbish tips25
24F.Burning garden refuse during limited burning times26
24G.Minister or local government may further restrict burning of garden refuse27
25.No fire to be lit in open air unless certain precautions taken28
25A.Power of Minister to exempt from provisions of section 2531
26.Burning of plants to eradicate disease during prohibited burning times33
26A.Burning of declared plants during prohibited burning times34
Division 6 — General restrictions, prohibitions and offences
27.Prohibition on use of tractors or engines except under certain conditions35
27A.Regulation of blasting and matters likely to create bush fire danger37
27B.False alarms38
27C.Vandalism38
27D.Requirements for carriage and deposit of incendiary material39
28.Occupier of land to extinguish bush fire occurring on his land40
30.Disposal of burning cigarettes etc.42
32.Offences of lighting or attempting to light a fire likely to injure42
33.Local government may require occupier of land to plough or clear fire‑break43
34.Burning on Crown lands46
35.Powers of Authority on default by local government48
Part IV — Control and extinguishment of bush fires
Division 1 — Local governments
35A.Interpretation51
36.Local government may expend moneys in connection with control and extinguishment of bush fires52
37.Local government to insure certain persons53
38.Local government may appoint bush fire control officer57
38A.Authority may appoint Chief Bush Fire Control Officer61
39.Special powers of bush fire control officers62
39A.Duties of bush fire authorities on outbreak of fire63
40.Local governments may join in appointing and employing bush fire control officers64
Division 2 — Bush fire brigades
41.Bush fire brigades65
42.Local governments may join in establishing a bush fire brigade65
42A.Constitution of bush fire brigade66
43.Election and duties of officers of bush fire brigades66
44.Powers and authorities of officers of bush fire brigade66
45.Fires in or near forest land or Crown lands68
46.Bush fire control officer or forest officer may postpone lighting a fire69
47.Fire‑break not to be lit when bush fire burning70
Part V — Miscellaneous
48.Delegation by local governments71
50.Records to be maintained by local governments71
51.Saving of remedies72
52.Approved area may be declared73
53.Reduction in insurance premium of crops in approved area73
54.Approved area may be cancelled74
55.Application of penalties74
56.Duties of police officers, bush fire control officers, etc.74
57.Obstructing officers75
58.General penalty and recovery of expenses incurred76
59.Prosecution of offences78
59A.Alternative procedure — infringement notices79
60.Assisting to commit an offence80
61.Regulations81
62.Local government may make local laws81
62A.Governor may amend or repeal local laws82
64.Prohibitions excluded by certain circumstances82
65.Proof of certain matters82
66.Proof of ownership or occupancy84
67.Advisory committees85
68.Regional advisory committees86
Notes
Compilation table89
Defined Terms
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Western Australia
An Act to make better provision for diminishing the dangers resulting from bush fires, for the prevention, control and extinguishment of bush fires, for the repeal of the Bush Fires Act 1937 2 and for other purposes.
This Act may be cited as the Bush Fires Act 1954 1.
[2.Repealed by No. 8 of 1987 s. 3.]
Part I — Preliminary
This Act shall come into operation on a date to be fixed by proclamation 1.
(a)This Act does not affect the provisions of the Fire Brigades Act 1942, or of the Conservation and Land Management Act 1984.
(b)This Act is to be construed so as not to limit or restrict in any way the effect and operation of the provisions of either of those Acts.
[Section 4 amended by No. 38 of 2002 s. 16.]
[5.Omitted under the Reprints Act 1984 s. 7(4)(f).]
[6.Repealed by No. 38 of 2002 s. 17.]
In this Act unless the context otherwise indicates or requires —
“adjoining
“authorised CALM Act officer
“Authority”
“bush
“bush fire brigade
“Chief Executive Officer
“forest land
“member of the Authority”
“occupier of land
“prohibited burning times
(a)includes any extension of those times made, or any further times imposed, under that section in respect of the whole of that zone or in respect of the part of that zone, or the district or part of a district, in which that land is situated; but
(b)does not include any period by which those times are reduced, or for which those times are suspended, under that section in respect of the whole of that zone or in respect of the part of that zone, or the district or part of a district, in which that land is situated or in respect of that land in particular;
“restricted burning times
(a)includes any extension of those times made, or any further times imposed, under that section in respect of the whole of that zone or in respect of the part of that zone, or the district or part of a district, in which that land is situated; but
(b)does not include any period by which those times are reduced, or for which those times are suspended, under that section in respect of the whole of that zone or in respect of that part of that zone, or the district or part of a district, in which that land is situated;
“the FESA Act”
[Section 7 amended by No. 11 of 1963 s. 3; No. 65 of 1977 s. 4; No. 112 of 1984 s. 22; No. 60 of 1992 s. 4; No. 14 of 1996 s. 4; No. 42 of 1998 s. 4 and 16; No. 38 of 2002 s. 18.]
Part II — Administration
[Division 1 heading deleted by No. 42 of 1998 s. 5.]
[8, 9.Repealed by No. 42 of 1998 s. 6.]
[Division 2 heading deleted by No. 42 of 1998 s. 7
(1)The Authority shall —
(a)report to the Minister as often as it thinks expedient so to do on the best means to be taken for preventing or extinguishing bush fires;
(b)perform and undertake such powers and duties as may be entrusted to it by the Minister;
(c)subject to the general control of and direction by the Minister, be responsible for the administration of this Act
(d)recommend to the Minister the prohibited burning times to be declared for the whole or any part of the State;
(e)carry out such fire prevention measures as it considers necessary;
(f)carry out research in connection with fire prevention and control and matters pertaining to fire prevention and control;
(g)conduct publicity campaigns for the purpose of improving fire prevention measures.
(2)The Authority may —
(a)recommend that the Chief Executive Officer appoint and employ such persons as the Authority considers necessary for carrying out the provisions of this Act
(b)organise and conduct bush fire brigade demonstrations and competitions and provide prizes and certificates for presentation to bush fire brigades and competitors;
(c)pay the expenses of bush fire brigades attending bush fire brigade demonstrations.
[Section 10 amended by No. 65 of 1977 s. 7; No. 42 of 1998 s. 8 and 16.]
[11, 11A. Repealed by No. 42 of 1998 s. 9.]
12.Appointment of bush fire liaison officers
(1)The Chief Executive Officer may, on the recommendation of the Authority and with the approval of the Minister, appoint persons under section 20 of the FESA Act to be bush fire liaison officers for the purposes of this Act
(2)Any person who was a bush fire warden immediately before the coming into operation of section 9 of the Bush Fires Act Amendment Act 1977 1 shall be deemed to have been appointed to be a bush fire liaison officer under subsection (1).
[Section 12 inserted by No. 65 of 1977 s. 9; amended by No. 42 of 1998 s. 10.]
13.Duties and powers of bush fire liaison officers
(1)A bush fire liaison officer shall exercise such powers and perform such duties as the Authority may direct and may, in addition, exercise all the powers that may be exercised by a bush fire control officer under this Act.
(2)A bush fire liaison officer shall exercise his
(a)subject to such directions as may be given by the Authority;
(b)in such part or parts of the State as the Authority may direct.
(3)Subject to subsection (4), in the exercise or performance of any of the powers or duties conferred or imposed on a bush fire liaison officer he
(4)Where a bush fire is burning in the district of a local government the Authority may, at the request of the local government, authorise a bush fire liaison officer to take control of all operations in relation to that fire.
(5)If a bush fire liaison officer takes control of all operations in relation to a fire, all —
(a)bush fire control officers; and
(b)officers and members of a bush fire brigade,
who are present at the fire are in all respects subject to, and are to act under, the bush fire liaison officer’s orders and directions.
[Section 13 inserted by No. 65 of 1977 s. 10; amended by No. 42 of 1998 s. 16; No. 38 of 2002 s. 19.]
14.Members of the Authority and other persons may enter land or buildings for purposes of the Act
(1)A member of the Authority, an officer who is authorised by the Authority so to do, a bush fire liaison officer and a bush fire control officer, appointed in accordance with the provisions of this Act
(a)examine a fire which he
(b)examine a fire which he
(c)examine fire‑breaks on the land;
(d)examine anything which he
(e)investigate the cause and origin of a fire which has been burning on the land or building;
(f)inspect fire precaution measures taken on the land;
(g)investigate and examine the equipment of a bush fire brigade;
(h)do all things necessary for the purpose of giving effect to this Act.
Provided that a member of the Police Force is not empowered under this section to enter any land or building for any purpose other than those specified in paragraphs (a), (b) and (e).
(2)A bush fire liaison officer or a member of the Police Force exercising the power conferred by subsection (1)(e) may remove from the land or building, and keep possession of, anything which may tend to prove the origin of the fire.
[Section 14 amended by No. 11 of 1963 s. 5; No. 65 of 1977 s. 11 and 47; No. 60 of 1992 s. 8; No. 42 of 1998 s. 16; No. 38 of 2002 s. 20.]
[Divisions 3 and 4 (
Part III — Prevention of bush fires
[Division 1 repealed by No. 65 of 1977 s. 12.]
Division 2 — Prohibited burning times
17.Prohibited burning times may be declared by Minister
(1)The Minister may, by declaration published in the Gazette, declare the times of the year during which it is unlawful to set fire to the bush within a zone of the State mentioned in the declaration and may, by subsequent declaration so published, vary that declaration or revoke that declaration either absolutely or for the purpose of substituting another declaration for the declaration so revoked.
(2)Where by declaration made under subsection (1) prohibited burning times have been declared in respect of a zone of the State then, subject to such variations (if any) as are made under that subsection from time to time, those prohibited burning times shall have effect in respect of that zone in each year until that declaration is revoked.
(3)A copy of the Gazette containing a declaration published under subsection (1) shall be received in all courts as evidence of the matters set out in the declaration.
(4)Where the Authority considers that burning should be carried out on any land, the Authority may suspend the operation of a declaration made under subsection (1), so far as the declaration extends to that land, for such period as it thinks fit and specifies and subject to such conditions as may be prescribed or as it thinks fit and specifies.
(5)The Authority may authorise a person appointed by it to regulate, permit or define the class of burning that may be carried out, and the times when and conditions under which a fire may be lit, on the land referred to in subsection (4) during the period of suspension granted under that subsection.
(6)In any year in which the Authority considers that seasonal conditions warrant a variation of the prohibited burning times in a zone of the State the Authority may, by notice published in the Gazette, vary the prohibited burning times in respect of that year in the zone or a part of the zone by —
(a)shortening, extending, suspending or reimposing a period of prohibited burning times; or
(b)imposing a further period of prohibited burning times.
(7)(a)Subject to paragraph (b), in any year in which a local government considers that seasonal conditions warrant a variation of the prohibited burning times in its district the local government may, after consultation with an authorised CALM Act officer if forest land is situated in the district, vary the prohibited burning times in respect of that year in the district or a part of the district by —
(i)shortening, extending, suspending or reimposing a period of prohibited burning times; or
(ii)imposing a further period of prohibited burning times.
(b)A variation of prohibited burning times shall not be made under this subsection if that variation would have the effect of shortening or suspending those prohibited burning times by, or for, more than 14 successive days.
(8)Where, under subsection (7), a local government makes a variation to the prohibited burning times in respect of its district or a part of its district the following provisions shall apply —
(a)the local government —
(i)shall, by the quickest means available to it and not later than 2 days before the first day affected by the variation, give notice of the variation to any local government whose district adjoins that district;
(ii)shall, by the quickest means available to it, give particulars of the variation to the Authority and to any Government department or instrumentality which has land in that district under its care, control and management and which has requested the local government to notify it of all variations made from time to time by the local government under this section or section 18;
(iii)shall, as soon as is practicable publish particulars of the variation in that district;
(b)the Minister, on the recommendation of the Authority, may give notice in writing to the local government directing it —
(i)to rescind the variation; or
(ii)to modify the variation in such manner as is specified in the notice;
(c)on receipt of a notice given under paragraph (b) the local government shall forthwith —
(i)rescind or modify the variation as directed in the notice; and
(ii)publish in that district notice of the rescission or particulars of the modification, as the case may require.
(9)For the purposes of subsections (7) and (8) “publish” means to publish in a newspaper circulating in the district of the local government, to broadcast from a radio broadcasting station that gives radio broadcasting coverage to that district, to place notices in prominent positions in that district, or to publish by such other method as the Authority may specify in writing.
(10)A local government may by resolution delegate to its mayor, or president, and its Chief Bush Fire Control Officer, jointly its powers and duties under subsections (7) and (8).
(11)A local government may by resolution revoke a delegation it has given under subsection (10) and no delegation so given prevents the exercise and discharge by the local government of its powers and duties under subsections (7) and (8).
(12)Subject to this Act a person who sets fire to the bush on land within a zone of the State during the prohibited burning times for that zone is guilty of an offence.
Penalty: $10 000 or 12 months’ imprisonment or both.
[Section 17 inserted by No. 65 of 1977 s. 13; amended by No. 8 of 1987 s. 8; No. 14 of 1996 s. 4; No. 42 of 1998 s. 16; No. 38 of 2002 s. 21 and 40(1).]
Division 3 — Restricted burning times
18.Restricted burning times may be declared by Authority
(1)Nothing contained in this section authorises the burning of bush during the prohibited burning times.
(2)The Authority may, by notice published in the Gazette, declare the times of the year during which it is unlawful to set fire to the bush within a zone of the State mentioned in the notice except in accordance with a permit obtained under this section and with the conditions prescribed for the purposes of this section
(3)Where by declaration made under subsection (2) restricted burning times have been declared in respect of a zone of the State then, subject to such variations (if any) as are made under that subsection from time to time, those restricted burning times shall have effect in respect of that zone in each year until that declaration is revoked.
(4)A copy of the Gazette containing a declaration published under subsection (2) shall be received in all courts as evidence of the matters set out in the declaration.
(4a)In any year in which the Authority considers that seasonal conditions warrant a variation of the restricted burning times in a zone, or part of a zone, of the State the Authority may, by notice published in the Gazette, vary the restricted burning times in respect of that year in the zone or part of the zone by —
(a)shortening, extending, suspending or reimposing a period of restricted burning times; or
(b)imposing a further period of restricted burning times.
(5)(
(i)vary the restricted burning times in respect of that year in the district or a part of the district by —
(A)shortening, extending, suspending or reimposing a period of restricted burning times; or
(B)imposing a further period of restricted burning times;
or
(ii)vary the prescribed conditions by modifying or suspending all or any of those conditions.
(b)A variation shall not be made under this subsection if that variation would have the effect of —
(i)shortening the restricted burning times by; or
(ii)suspending the restricted burning times, or any prescribed condition, for,
more than 14 successive days during a period that would, in the absence of the variation under this subsection, be part of the restricted burning times for that zone in that year.
(c)The provisions of section 17(
(d)For the purposes of this subsection
(6)Subject to this Act a person shall not set fire to the bush on land within a zone of the State during the restricted burning times for that zone of the State unless —
(a)he
(b)the conditions prescribed for the purposes of this section
(7)The person issuing a permit to burn under this section may, by endorsement on the permit —
(a)incorporate therein any additional requirements and directions considered necessary by him
(b)modify or dispense with any of the conditions prescribed for the purposes of this section
(8)The holder of a permit to burn under this section —
(a)shall observe and carry out any requirement or direction incorporated therein pursuant to subsection (7)(
(b)shall, where any prescribed condition is modified pursuant to subsection (5) or subsection (7)(
(c)need not comply with any prescribed condition that is suspended or dispensed with pursuant to subsection (5) or (7)(
(9)A permit issued under this section may authorise the owner or occupier of land to burn the bush on a road reserve adjoining that land.
(10)(a)Subject to the regulations a local government may by resolution declare that within its district bush may be burnt only on such dates and by such persons as are prescribed by a schedule
(b)A person desiring to set fire to bush within the district of the local government that has so resolved shall, by such date as may be determined by the local government, apply to the local government for permission to set fire to the bush, and the local government shall allocate a day or days on which the burning may take place.
(c)The burning shall be done only on the day or days and in the manner specified by the local government and subject to the conditions prescribed for the purposes of this section
(11)Where a person starts a fire on land, if the fire escapes from the land or if the fire is in the opinion of a bush fire control officer or an officer of a bush fire brigade out of control on the land, the person shall be liable to pay to the local government on the request of and for recoup to its bush fire brigade, any expenses up to a maximum amount of $10 000 incurred by it in preventing the extension of or extinguishing the fire, and such expenses may be recovered in any court of competent jurisdiction.
(12)A person who commits a breach of this section
Penalty:For a first offence $4 500.
For a second or subsequent offence $10 000.
[Section 18 inserted by No. 65 of 1977 s. 14; amended by No. 8 of 1987 s. 8; No. 14 of 1996 s. 4; No. 42 of 1998 s. 16; No. 38 of 2002 s. 22, 39 and 40(1).]
[19.Repealed by No. 65 of 1977 s. 1
20.Regulations as to restricted burning times
(1)The Governor may make regulations prescribing the conditions under which bush may be burnt under section 18.
(2)Without limiting the generality of subsection (1), regulations may be made —
(a)requiring a person who intends to burn bush to give notice to such persons as are specified in the regulations and prescribing the matters to be included in the notice and the methods by which the notice may be given;
(b)prescribing the precautions to be taken before a fire is lit, and whilst it is alight, in order to keep it under control and to prevent it from spreading beyond the land in respect of which a permit to burn has been obtained under section 18;
(c)prescribing, by reference to fire danger forecasts issued by the Bureau of Meteorology in Perth, the days on which a person may set fire to the bush.
(3)Regulations may be made under this section —
(a)so as to apply throughout the State or in any specified part or parts of the State;
(b)so that different regulations apply to different parts of the State.
[Section 20 inserted by No. 65 of 1977 s. 16.]
Division 4 — Bush fire emergency period
21.Minister may declare bush fire emergency period
(1)(a)Where the Minister is of the opinion that the existing weather conditions are conducive to the outbreak or spread of bush fires, or that such weather conditions are imminent, he
(b)The Minister from time to time may revoke, amend or cancel the declaration if he
(2)(a)Subject to section 64 whilst the declaration remains unrevoked a person shall not set fire to bush on land within the area without the permission in writing of the Minister or of an officer acting with the authority of the Minister.
Penalty: $20 000 or 12 months’ imprisonment or both.
(b)Permission under this subsection if granted shall be so granted subject expressly to compliance by the person obtaining permission with such conditions as may be prescribed or imposed by the Minister or officer granting permission and subject to the condition that the Minister or that officer may without assigning a reason cancel the permission.
(3)(a)During a fire emergency period the Minister may appoint a person to take charge of bush fire fighting operations in an area to which the declaration made under subsection (1) applies.
(b)Where a person is so appointed all local governments, bush fire control officers, bush fire liaison officers and the captains, lieutenants and members of bush fire brigades or other persons shall comply with the directions given by that person in connection with the suppression and control of a fire which is burning in the area.
[Section 21 amended by No. 11 of 1963 s. 8; No. 113 of 1965 s. 8(1); No. 65 of 1977 s. 48; No. 51 of 1979 s. 5; No. 8 of 1987 s. 8; No. 14 of 1996 s. 4; No. 38 of 2002 s. 23.]
Division 5 — Burning during prohibited times and restricted times
22.
(1)For the purpose of this section
“common boundary
“exempt land
(2)Where, during the operation of a suspension granted pursuant to the provisions of section 17(
(3)Before setting fire to the bush on land which is adjoining exempt land, as provided in the last preceding subsection, the occupier of the adjoining land shall —
(a)notify the local government in whose district the adjoining land is situated, of his
(b)prepare a fire‑break having a width of at least 3 metres and the boundary of which nearer to and parallel or approximately parallel with the boundary of the exempt land is not at any point, of a greater distance than 60 metres from that boundary.
(4)The occupier of the adjoining land shall comply with and observe the provisions of this Act
(5)The occupier of the adjoining land and the occupier of the exempt land shall, in so far as is reasonably practicable, co‑operat
(6)(a)A local government in whose district the burning is to take place may arrange with the occupier of exempt land, the occupier of land adjoining it and a bush fire brigade which has been registered by the local government, to co‑operat
(b)Where an arrangement is made in pursuance of paragraph (a) the local government shall notify the occupier of the adjoining land of the date the burning is to take place and require him
(c)Where the occupier of exempt land and a bush fire brigade are burning bush on exempt land in pursuance of an arrangement made under paragraph (a) —
(i)the occupier of the land adjoining the exempt land shall assist in the burning of the bush;
(ii)a bush fire control officer or an officer of the bush fire brigade may enter the adjoining land and set fire to the bush thereon for the purpose of making a fire‑break.
[Section 22 amended by No. 11 of 1963 s. 9; No. 94 of 1972 s. 4 (
23.Burning during prohibited burning times
(1)Subject to this section the owner or occupier of land may during the prohibited burning times for the zone of the State in which his
(a)at any time, burn the bush on his
(b)within such period after the commencement of those prohibited burning times as is determined by the local government of the district in which his
(i)burn the bush on a road reserve adjoining his
(ii)burn the bush on any of his
for the purpose of protecting pasture or crop growing on his
(2)The burning of bush under this section is subject to the owner or occupier of land complying with —
(a)the following conditions —
(i)a permit in writing to burn the bush shall be obtained from a bush fire control officer of the local government in whose district the land is situated, or from the chief executive officer of the local government if a bush fire control officer is not available;
(ii)the bush shall be burnt at such a time between the hours of 4 p.m. and midnight of the same day as is specified in the permit issued under this section;
(iii)in the case of burning carried out pursuant to subsection (1)(
(iv)in the case of burning carried out pursuant to subsection (1)(
(v)in the case of burning carried out pursuant to subsection (1)(
(b)the conditions prescribed for the purposes of section 18; and
(c)such other conditions as are stipulated in the permit issued under this section.
[Section 23 inserted by No. 65 of 1977 s. 18; amended by No. 14 of 1996 s. 4.]
24.Bush on land growing subterranean clover may be burnt during prohibited burning times
The owner or occupier of land upon which subterranean clover is growing may burn the clover during the prohibited burning times for the purpose of facilitating the collection from it of clover burr subject to the regulations and to the following conditions —
(a)the owner or occupier of the land applies for, pays the prescribed fee for and obtains from a duly authorised officer for the district of the local government in which the land is situated, a permit in the prescribed form to burn clover;
(b)the permit to burn shall not be granted unless and until the applicant satisfies the authorised officer to whom the application is made that —
(i)the area of the land on which the clover proposed to be burnt at one time under the permit being applied for does not exceed the area to be specified in the permit, and in any event does not exceed such area as the local government from time to time determines;
(ii)the area is surrounded by a fire‑break to a width of not less than 3 metres;
(iii)where the area on which the burning is to take place is carrying live or dead standing trees, the area has been grazed during the growing period of the clover crop to reduce the amount of dead litter to a minimum, and that all grass and debris has been raked to a distance of not less than 2 metres from the base of each standing tree.
[Section 24 amended by No. 94 of 1972 s. 4 (
24A.Bush on land in prescribed irrigation areas may be burnt during prohibited times for the purpose of germinating clover
(1)This section applies in those parts of the State only, which are prescribed by the regulations as areas of irrigation to which this section applies.
(2)The owner or occupier of land in any area of irrigation so prescribed may for the purpose of conducing to the early germination of subterranean clover on the land, burn bush on the land during the prohibited burning times, subject to the regulations and conditions which are referred to in section 24, and which shall apply subject to modification or variation under subsection (3) of this section
(3)(a)A fee is not payable for a permit required under this section unless regulations made under paragraph (b) prescribe otherwise.
(b)The provisions of the regulations mentioned in section 24, and the provisions of paragraphs (a) and (b) of that section, may be modified, varied, added to, or substituted, by regulations made in relation to burning under this section, but until so modified, varied, added to, or substituted, those provisions continue to apply, subject to paragraph (a) of this subsection
[Section 24A inserted by No. 35 of 1957 s. 4; amended by No. 11 of 1963 s. 10.]
24B.Production of permit to burn may be required
(1)An officer of the Authority authorised by the Authority so to do, a bush fire liaison officer, a bush fire control officer, an officer of a bush fire brigade, a member of the Police Force, or an officer of a local government authorised by it so to do, may require a person who has set fire to the bush, or to clover, on any land during the prohibited burning times or restricted burning times to produce the permit to burn issued to that person under the provisions of this Act
(2)Where a person does not produce a permit to burn immediately upon being required under subsection (1) to do so, the officer who made the requirement may require that person to identify the person by whom that permit was issued.
(3)A person —
(a)who does not, within 7 days after being required under subsection (1) to produce a permit to burn, produce that permit to the officer who made the requirement or to a person nominated by that officer;
(b)who when required under subsection (2) to identify the person who issued a permit to burn to him
is guilty of an offence.
Penalty: $500.
[Section 24B inserted by No. 11 of 1963 s. 11; amended by No. 113 of 1965 s. 8(1); No. 65 of 1977 s. 20 and 47; No. 51 of 1979 s. 5; No. 8 of 1987 s. 8; No. 14 of 1996 s. 4; No. 42 of 1998 s. 16.]
24C.Interpretation for sections 24C to 24G
In this section and sections 24D to 24G —
“burn garden refuse
“limited burning times
(a)the restricted burning times; and
(b)the prohibited burning times,
for that place but excluding any time when there is in force a fire danger forecast issued for that place by the Bureau of Meteorology in Perth of “extreme” or “very high”;
“rubbish tip
“specified
[Section 24C inserted by No. 38 of 2002 s. 24.]
24D.Burning garden refuse prohibited if fire danger is extreme or very high
A person must not burn garden refuse at any place at any time when there is in force a fire danger forecast issued for that place by the Bureau of Meteorology in Perth of “extreme” or “very high”.
Penalty: $3 000.
[Section 24D inserted by No. 38 of 2002 s. 24.]
24E.Burning of garden refuse at rubbish tips
(1)A person must not burn garden refuse at a rubbish tip during the limited burning times for the area in which the tip is located unless it is burned in accordance with a notice published under subsection (2).
Penalty: $10 000.
(2)On the recommendation of the Chief Executive Officer the Minister may, by notice published in the Gazette, permit the burning of garden refuse at a rubbish tip during the limited burning times for the area in which the tip is located.
(3)In a notice under subsection (2) the Minister —
(a)must specify —
(i)the person or class of persons to whom;
(ii)the area in which; and
(iii)the period during which,
the notice applies; and
(b)may impose such conditions on the burning of garden refuse as the Minister considers appropriate.
(4)The Minister may vary or cancel a notice under this section by publishing a further notice.
[Section 24E inserted by No. 38 of 2002 s. 24.]
24F.Burning garden refuse during limited burning times
(1)A person must not burn garden refuse at a place (other than a rubbish tip) during the limited burning times for that place unless it is burned —
(a)in an incinerator in accordance with subsection (2); or
(b)on the ground in accordance with subsection (3).
Penalty: $3 000.
(2)Garden refuse burned in an incinerator is burned in accordance with this subsection if —
(a)the incinerator is designed and constructed so as to prevent the escape of sparks or burning material;
(b)either —
(i)the incinerator is situated 2 metres or more away from any building or fence; or
(ii)if the incinerator is within 2 metres of a building or fence, the local government has given written permission for the incinerator to be used;
(c)there is no inflammable material within 2 metres of the incinerator while it is in use;
(d)at least one person is present at the site of the fire at all times until it is completely extinguished; and
(e)when the fire is no longer required, the person ensures that the fire is completely extinguished by the application of water or earth.
(3)Garden refuse burned on the ground is burned in accordance with this subsection if —
(a)there is no inflammable material (other than that being burned) within 5 metres of the fire at any time while the fire is burning;
(b)the fire is lit between 6 p.m. and 11 p.m. and is completely extinguished before midnight on the same day;
(c)at least one person is present at the site of the fire at all times until it is completely extinguished; and
(d)when the fire is no longer required, the person ensures that the fire is completely extinguished by the application of water or earth.
(4)A local government must not give permission under subsection (2)(b)(ii) unless it is satisfied that the use of the incinerator is not likely to create a fire hazard.
[Section 24F inserted by No. 38 of 2002 s. 24.]
24G.Minister or local government may further restrict burning of garden refuse
(1)On the recommendation of the Chief Executive Officer the Minister may, by notice published in the Gazette, prohibit or impose restrictions on the burning of garden refuse that is otherwise permitted under section 24F.
(2)A local government may, by notice published in the Gazette and a newspaper circulating in its district, prohibit or impose restrictions on the burning of garden refuse within its district that is otherwise permitted under section 24F.
(3)A person must not burn garden refuse contrary to a prohibition or restriction imposed under this section.
Penalty: $3 000.
(4)In a notice under this section the Minister or a local government must specify —
(a)the person or class of persons to whom;
(b)the area in which; and
(c)the period during which,
the notice applies.
(5)The Minister or a local government may vary or cancel a notice under subsection (1) or (2) by publishing a further notice under the relevant subsection.
[Section 24G inserted by No. 38 of 2002 s. 24.]
25.No fire to be lit in open air unless certain precautions taken
(1)Subject to subsection (1aa) and section 25A, during the restricted burning times or during the prohibited burning times a person shall not light or use a fire in the open air for a purpose not specifically mentioned or provided for in this Act, save and except in accordance with and subject to the following provisions —
(a)a fire for the purpose of camping or cooking shall not be lit within 3 metres of a log or stump and unless and until a space of ground around the site of the fire having a radius of at least 3 metres from the site as the centre, is cleared of all bush and other inflammable material, and when for any day, or any period of a day, the fire danger forecast by the Bureau of Meteorology in Perth in respect of the locality wherein it is desired to light or use a fire for such purpose is “extreme” or “very high”, such fire shall not be lit on that day or during that period unless and until the approval in writing of the local government for that locality has been obtained so to do;
(b)a fire shall not be lit for the conversion of bush into charcoal, or in or about a lime kiln for the production of lime, unless and until approval in writing is obtained from the local government in whose district the burning is proposed to be carried out and a space of ground around the perimeter of a kiln, pit, or retort used for the purpose is cleared of all bush and other inflammable material for a distance of at least 6 metres and such directions and requirements, if any, as are given or specified by a bush fire control officer or authorised CALM Act officer as being in his
(c)(i)a fire shall not be lit for the purpose of disposing of the carcass of a dead animal, or a part of the carcass, unless and until a space of ground around the perimeter of the fire and the carcass or part to be burnt is cleared of all bush and other inflammable material for a distance of at least 6 metres;
(ii)the fire shall not be lit within a distance of 6 metres of a standing tree, whether dead or living and unless at least one person remains in attendance constantly at the fire, and the directions which may be given by a bush fire liaison officer or bush fire control officer in respect of the fire are complied with;
(iii)the fire shall not be lit except between the hours of 6 p.m. and 11 p.m.;
(iv)the fire shall not be lit unless and until notice of intention so to do has been given to the occupier of all land adjoining the land on which the burning is to take place and to a bush fire control officer of the local government for the district in which the fire is to be lit;
[(d), (e)deleted]
(f)where a fire is lit for any purpose mentioned in this subsection, except for the purpose mentioned in paragraph (b), the person who lit the fire, or the person left in attendance on the fire as required by this subsection, as the case may be, shall completely extinguish the fire by the application of water or earth before he
(g)where the occupier of a sawmill uses a fire on the premises of the sawmill for the purpose of consuming or disposing of sawdust and waste timber resulting from the sawmilling of timber in the sawmill, if the occupier causes reasonable precautions to be taken for the purpose of preventing the fire from spreading or becoming a source of danger to persons or property, and causes the particular directions or requisitions of a bush fire control officer, bush fire liaison officer or of an authorised CALM Act officer in respect of the fire to be properly observed, the occupier is not required to extinguish the fire whilst it continues to be required for the purpose;
(h)where the occupier of a brick kiln uses a fire on the premises of the brick kiln for the purpose of burning and producing bricks, such occupier is not required to extinguish the fire while it continues to be required for that purpose, if he
(1aa)For the purposes of this section
(a)at a person’s home; or
(b)in an area which —
(i)is set aside for that purpose by the State Authority or local government responsible for the care, control or management of the land; and
(ii)bears the State Authority’s or local government’s sign denoting that purpose,
and all combustible material is cleared from within a 5 metre radius of the appliance.
(1a)Notwithstanding anything contained in subsection (1) a local government may, by notice published in the Gazette and in a newspaper circulating in its district, prohibit the lighting of fires in the open air in its district for the purpose of camping or cooking for such period during the prohibited burning times as is specified in the notice.
(1b)A notice published under subsection (1a) may be cancelled or varied by a subsequent notice so published.
(1c)During any period for which the lighting of fires for the purpose of camping or cooking is prohibited in the district of a local government by a notice published under subsection (1a) a person shall not light a fire in the open air in that district for either of those purposes unless the fire is lit —
(a)in a place specified in the notice as being set aside for the lighting of camping and cooking fires; or
(b)with the approval in writing of the local government.
(1d)The provisions of subsection (1)(
(2)A person who contravenes a provision of this section
Penalty: $3 000.
[Section 25 amended by No. 11 of 1963 s. 12; No. 15 of 1965 s. 2; No. 113 of 1965 s. 8(1); No. 101 of 1969 s. 5; No. 67 of 1970 s. 2; No. 94 of 1972 s. 4 (
25A.Power of Minister to exempt from provisions of section 25
(1)Where the Minister is advised in writing by the Chief Executive Officer that, in the opinion of the Chief Executive Officer, a person has taken adequate precautions for the —
(a)prevention of the spread or extension;
(b)control; and
(c)extinguishment, if necessary,
of any fire that is to be lit in the open air during the restricted burning times or the prohibited burning times the Minister may, in respect of any such fire as is so lit, exempt the person and any person acting under his
(2)An exemption granted by the Minister under this section —
(a)shall be in writing signed by the Minister;
(b)may be revoked at any time by the Minister by notice in writing signed by him
(c)is subject to such conditions as the Minister thinks fit to impose and specifies in the exemption;
(d)authorises the person to whom it is granted and any person acting under his
(e)exempts any fire to which the exemption relates from the operation of section 46.
(3)The Minister may at any time, by notice in writing signed by him
(4)A person to whom an exemption is granted under this section shall observe and carry out any conditions specified therein.
Penalty: $10 000.
(5)Notwithstanding any other provision of this section
(6)A notice under subsection (5) may prohibit the lighting of a fire either absolutely or unless such conditions as are specified in the notice are complied with.
(7)A person who lights a fire contrary to a notice under subsection (5) is guilty of an offence.
Penalty: $10 000.
[Section 25A inserted by No. 15 of 1965 s. 3; amended by No. 113 of 1965 s. 8(1); No. 65 of 1977 s. 22 and 48; No. 8 of 1987 s. 8; No. 14 of 1996 s. 4; No. 42 of 1998 s. 16; No. 38 of 2002 s. 26 and 39.]
[25B.Repealed by No. 38 of 2002 s. 27(1).]
26.Burning of plants to eradicate disease during prohibited burning times
(1)Where in the opinion of the Minister it is desirable that a plant, or the refuse of a plant, should be burnt during the prohibited burning times in order to eradicate the plant or to prevent or eradicate disease arising or likely to arise from the plant, or the refuse, the Governor may, on the recommendation of the Minister, by proclamation —
(a)authorise the burning of the plant, and the refuse specified in the proclamation, during the prohibited burning times or during any period of the prohibited burning times, as stated in the proclamation; and
(b)declare that the proclamation shall take effect either generally or in the particular districts which are specified in the proclamation.
(2)A proclamation made under the provisions of subsection (1) may be revoked, amended, or varied at any time by a subsequent proclamation.
(3)Where a proclamation authorises the burning of a plant, or the refuse of the plant, the burning shall be carried out subject to and in accordance with the regulations.
(4)A person who pursuant to the authority of a proclamation made under this section, burns a plant or the refuse of a plant, and fails to carry out the burning in accordance with the regulations is guilty of an offence against this Act.
Penalty: A fine not exceeding $2 000.
(5)In this section the term “plant” does not include a plant that is a declared plant within the meaning of the Agriculture and Related Resources Protection Act 1976.
[Section 26 amended by No. 35 of 1957 s. 5; No. 113 of 1965 s. 8(1); No. 65 of 1977 s. 23 and 48; No. 38 of 2002 s. 39.]
26A.Burning of declared plants during prohibited burning times
(1)A plant that is a declared plant within the meaning of the Agriculture and Related Resources Protection Act 1976, or the refuse of such a plant, may be burnt during the prohibited burning times so long as the burning is carried out subject to and in accordance with the regulations.
(2)A person who, pursuant to the authority of this section
Penalty: A fine not exceeding $2 000.
[Section 26A inserted by No. 65 of 1977 s. 24; amended by No. 38 of 2002 s. 39.]
Division 6 — General restrictions, prohibitions and offences
27.Prohibition on use of tractors or engines except under certain conditions
(1)Subject to the provisions of subsection (2) a person shall not operate, during the prohibited burning times or the restricted burning times —
(a)a tractor or self‑propelled harvester unless —
(i)its exhaust system, including pipes, is maintained in sound and efficient condition;
(ii)its exhaust pipe is fitted with a spark arrester as prescribed by regulation; and
(iii)its exhaust pipe terminates so as to discharge exhaust emissions vertically upwards or, in the case of a self‑propelled harvester the exhaust pipe of which terminates at least 2 metres above the ground, so as to discharge exhaust emissions horizontally or in a direction upwards of the horizontal plane;
(b)an internal combustion engine, steam engine or other prescribed machinery or vehicle contrary to the regulations or otherwise than in accordance with the regulations.
Penalty: $5 000.
(2)A local government may at any time permit the use in orchards within its district of tractors the exhaust pipes of which are not vertical, and in any district where permission is so given, a person may operate in an orchard during the times mentioned in subsection (1) a tractor the exhaust pipe of which is not vertical, so long as the person while operating that tractor complies with the other requirements specified in respect of a tractor in paragraph (a) of that subsection and with the requirements of any notice under subsection (3) having effect in the district for the time being.
(3)A local government may, by notice published in its district by —
(a)publication in a newspaper circulating in that district;
(b)broadcast from a radio broadcasting station that gives radio broadcasting coverage to that district; and
(c)display in prominent positions in that district,
prohibit the operation in its district of any tractor or self‑propelled harvester other than a tractor or self‑propelled harvester that is equipped with a fire extinguisher.
(4)A notice under subsection (3) —
(a)shall have effect for such period during the prohibited burning times or the restricted burning times, or both, as is specified in the notice;
(b)may be varied or cancelled by the local government by a notice published in the manner set out in that subsection.
(5)During any period for which a notice under subsection (3) has effect in a district a person shall not operate a tractor or self‑propelled harvester in that district unless a fire extinguisher as prescribed by regulation is carried on that tractor or self‑propelled harvester or, in the case of a tractor, on a trailer, semi‑trailer or agricultural machine or appliance being drawn or propelled by that tractor.
Penalty: $5 000.
(6)The Governor may make regulations with respect to the prohibition or regulation of the use of engines, vehicles, plant and machinery during the prohibited burning times or restricted burning times.
(7)Regulations made under subsection (6) may —
(a)authorise a local government or a bush fire control officer to prohibit the carrying out of an activity or operation either absolutely or except in accordance with conditions specified in the notice or direction by which the prohibition is imposed or in the regulations;
(b)prohibit the carrying out of an activity or operation without the consent of a local government or bush fire control officer;
(c)provide that an act or thing shall be done subject to the approval or to the satisfaction of a local government or a bush fire control officer;
(d)provide as the penalty for a breach of any regulation so made a maximum penalty of $5 000.
(8)The provisions of subsections (6) and (7) are in addition to and not in derogation of those of section 61.
[Section 27 amended by No. 11 of 1963 s. 13; No. 65 of 1977 s. 25; No. 51 of 1979 s. 2; No. 95 of 1981 s. 2; No. 8 of 1987 s. 8; No. 14 of 1996 s. 4; No. 38 of 2002 s. 39.]
27A.
(1)The Governor may make regulations —
(a)regulating —
(i)the use of any materials for the purpose of blasting, including explosives and fuses;
(ii)the carrying out in the open air of any process or operation specified in the regulations as being a process or operation likely to create a bush fire danger,
either generally or in any locality or localities specified in the regulations or during any period or periods specified in the regulations;
(aa)providing that preparations for, or the carrying out of, blasting or any other process or operation specified in the regulations shall be in accordance with the directions, and to the satisfaction of, a bush fire control officer, officer of a bush fire brigade, or authorised CALM Act officer;
(b)prescribing as the penalty for a breach of any regulation so made a maximum penalty of $10 000.
(2)The provisions of subsection (1) are in addition to and not in derogation of those of section 61.
[Section 27A inserted by No. 35 of 1957 s. 6; amended by No. 113 of 1965 s. 8; No. 65 of 1977 s. 26 and 48; No. 8 of 1987 s. 8(1); No. 38 of 2002 s. 39 and 40(2).]
(1)A person who, knowing it is false, gives a false alarm of fire to a member, employee or agent, of the Authority, or of a local government, or to a member of a bush fire brigade, or to a bush fire liaison officer, bush fire control officer, or authorised CALM Act officer employed in connection with any forest, commits an offence.
Penalty: $5 000.
(2)A court convicting an offender of an offence of giving a false alarm of fire against subsection (1), may assess the amount of any expenses needlessly incurred by the Authority or any local government, bush fire brigade, or other body or person, as a result of the false alarm, and order the offender to pay the amount so assessed to the authority, brigade, body, or person by which or by whom the expenses were so incurred, in addition to or without imposing a penalty on the offender.
[Section 27B inserted by No. 35 of 1957 s. 6; amended by No. 113 of 1965 s. 8(1); No. 65 of 1977 s. 47 and 48; No. 8 of 1987 s. 8; No. 14 of 1996 s. 4; No. 42 of 1998 s. 16; No. 38 of 2002 s. 39 and 40(2).]
(1)A person who, except by lawful authority, moves, uses, interferes with, damages or destroys anything provided by the Authority, a local government, a bush fire control officer, or a bush fire brigade, for preventing, controlling, or extinguishing, bush fires, commits an offence.
Penalty: $5 000.
(2)A court convicting an offender of an offence against subsection (1) may assess the amount of expense of replacing, or as the case may be, of repairing or restoring, anything the subject matter of the offence, and order the offender to pay the amount to the Authority, or, as the case may be, the local government, bush fire control officer, or bush fire brigade, in addition to or without imposing a penalty on the offender.
[Section 27C inserted by No. 35 of 1957 s. 6; amended by No. 8 of 1987 s. 8; No. 14 of 1996 s. 4; No. 42 of 1998 s. 16; No. 38 of 2002 s. 39.]
27D.Requirements for carriage and deposit of incendiary material
(1)In this section “incendiary material” means hot or burning ash, cinders, hot furnace refuse, or any combustible matter that is burning.
(2)A person shall not use a motor vehicle, or cause it to be used, for the carriage of incendiary material unless —
(a)it is used with a metal container that totally encloses, and prevents the escape of, the incendiary material; and
(b)it is used in accordance with and subject to any directions or requirements of a local government, a bush fire control officer, a bush fire liaison officer, or an authorised CALM Act officer that apply to the carriage of incendiary material.
Penalty: $1 000.
(3)A person shall not deposit incendiary material, or cause it to be deposited, on any land unless —
(a)it is deposited with the prior approval of the bush fire control officer of the local government for the district in which the land is situated;
(b)it is deposited in accordance with and subject to any directions or requirements of a local government, a bush fire control officer, a bush fire liaison officer, or an authorised CALM Act officer that apply to the land; and
(c)it is deposited on a part of the land that is immediately surrounded by a fire‑break cleared of all bush and other inflammable material to a width of at least 3 metres.
Penalty: $1 000.
[Section 27D inserted by No. 101 of 1969 s. 7; amended by No. 94 of 1972 s. 4 (
28.Occupier of land to extinguish bush fire occurring on his
(1)(a)Where a bush fire is burning on any land —
(i)at any time in any year during the restricted burning times; or
(ii)during the prohibited burning times,
and the bush fire is not part of the burning operations being carried on upon the land in accordance with the provisions of this Act
(b)Where he
(2)For the purposes of this section
Penalty: $10 000.
(3)Where the occupier of the land upon which a bush fire is burning fails to take measures to extinguish it as required by subsection (1), a bush fire liaison officer, a bush fire control officer of any local government or an authorised CALM Act officer employed in connection with any forest land which is within 3 kilometres of the land where the fire is burning may enter upon the land where the fire is burning and take all proper measures to extinguish it.
(4)(
(b)The Authority, local government, or Executive Director of the Department of Conservation and Land Management, as the case may be, may recover the expenses from the occupier in any court of competent jurisdiction.
[Section 28 amended by No. 11 of 1963 s. 14; No. 113 of 1965 s. 8(1); No. 94 of 1972 s. 4 (
[29.Repealed by No. 65 of 1977 s. 2
30.Disposal of burning cigarettes etc.
During the restricted burning times or prohibited burning times for a zone of the State a person shall not dispose of burning tobacco, or a burning cigarette, cigar or match, in that zone —
(a)in circumstances that are likely to set fire to the bush; or
(b)by throwing it from a vehicle under any circumstances whatever.
Penalty: $5 000.
[Section 30 inserted by No. 65 of 1977 s. 29; amended by No. 8 of 1987 s. 8; No. 38 of 2002 s. 39.]
[31.Repealed by No. 65 of 1977 s. 30.]
32.Offences of lighting or attempting to light a fire likely to injure
A person who —
(a)wilfully lights or causes to be lit or attempts to light a fire; or
(b)places a match or other inflammable or combustible substance, matter or thing in a position so that it may directly or indirectly be ignited by the rays of the sun or by friction or other means, or be exploded or set on fire, or whereby a fire may be lit or caused and with the intent to cause a fire,
under such circumstances as to be likely to injure or damage a person or property, whether the fire be caused or not, is guilty of an indictable offence.
Penalty: $250 000 or 14 years’ imprisonment or both.
[Section 32 amended by No. 113 of 1965 s. 8(1); No. 65 of 1977 s. 31 and 48; No. 8 of 1987 s. 8; No. 101 of 1990 s. 56.]
33.Local government may require occupier of land to plough or clear fire‑break
(1)Subject to subsection (2) a local government at any time, and from time to time, may, and if so required by the Minister shall, as a measure for preventing the outbreak of a bush fire, or for preventing the spread or extension of a bush fire which may occur, give notice in writing to an owner or occupier of land situate within the district of the local government or shall give notice to all owners or occupiers of land in its district by publishing a notice in the Government Gazette
(a)to plough, cultivate, scarify, burn or otherwise clear upon the land fire‑breaks in such manner, at such places, of such dimensions, and to such number, and whether in parallel or otherwise, as the local government may and is hereby empowered to determine and as are specified in the notice, and thereafter to maintain the fire‑breaks clear of inflammable matter;
(b)to act as and when specified in the notice with respect to anything which is upon the land, and which in the opinion of the local government or its duly authorised officer, is or is likely to be conducive to the outbreak of a bush fire or the spread or extension of a bush fire,
and the notice may require the owner or occupier to do so —
as a separate operation, or in co‑ordination with any other person, carrying out a similar operation on adjoining or neighbouring land, and in any event to do so to the satisfaction of either the local government or its duly authorised officer, according to which of them is specified in the notice.
(2)A notice in writing under subsection (1) may be given to an owner or occupier of land by posting it to him
(2a)The provisions of subsection (2) are in addition to and not in derogation of those of sections 75 and 76 of the Interpretation Act 1984.
(3)The owner or occupier of land to whom a notice has been given under subsection (1) and who fails or neglects in any respect duly to comply with the requisitions of the notice is guilty of an offence.
Penalty: $5 000.
(4)(a)Where an owner or occupier of land who has received notice under subsection (1) fails or neglects to comply with the requisitions of the notice within the time specified in the notice, the local government may direct its bush fire control officer, or any other officer of the local government, to enter upon the land of the owner or occupier and to carry out the requisitions of the notice which have not been complied with.
(b)The bush fire control officer or other officer may, in pursuance of the direction, enter upon the land of the owner or occupier with such servants, workmen, or contractors, and with such vehicles, machinery, and appliances as he
(5)(a)The amount of any costs and expenses incurred by the bush fire control officer or other officer in doing the acts, matters, or things provided for in subsection (4) shall be ascertained and fixed by the local government and a certificate signed by the mayor or president of the local government shall be prima facie
(b)The local government may recover the amount in any court of competent jurisdiction as a debt due from the owner or occupier of land to the local government.
(5a)A local government may make local laws in accordance with subdivision 2 of Division 2 of Part 3 of the Local Government Act 1995 —
(a)requiring owners and occupiers of land in its district to clear fire‑breaks in such manner, at such places, at such times, of such dimensions and to such number, and whether in parallel or otherwise, as are specified in the local laws and to maintain the fire‑breaks clear of inflammable matter;
(b)providing that things required by the local laws to be done shall be done to the satisfaction of the local government or its duly authorised officer.
(5b)Where an owner or occupier of land fails or neglects in any respect to comply with the requirements of local laws made under subsection (5a) the provisions of subsections (3), (4) and (5) apply mutatis mutandis
(5c)Nothing in subsection (5a) affects the power of a local government to give notice under subsection (1) nor its duty to do so if so required by the Minister.
(5d)Where the provisions of local laws made under subsection (5a) are inconsistent with those of a notice given under subsection (1) or under section 34 or 35, the provisions of that notice shall, to the extent of the inconsistency, prevail.
(6)A local government may, at the request of the owner or occupier of land within its district, carry out on the land, at the expense of the owner or occupier, any works for the removal or abatement of a fire danger, and the amount of the expense, if not paid on demand, may be recovered from the owner or occupier by the local government in a court of competent jurisdiction as a debt due from the owner or occupier to the local government.
(7)Nothing in this section authorises a local government —
(a)to set fire to the bush, or to require an owner or occupier of land to set fire to the bush, contrary to the provisions of section 17; or
(b)to make local laws authorising or requiring bush to be set on fire contrary to the provisions of section 17.
(8)Any amount recoverable by a local government under this section as a debt due from the owner or occupier of land is, until paid in full —
(a)a debt due from each subsequent owner in succession;
(b)a charge against the land with the same consequences as if it were a charge under the Local Government Act 1995 for unpaid rates; and
(c)recoverable by the local government in the same manner as rates imposed in respect of the land are recoverable under that Act.
[Section 33 amended by No. 11 of 1963 s. 15; No. 113 of 1965 s. 8(1); No. 65 of 1977 s. 32 and 48; No. 51 of 1979 s. 3 and 5; No. 8 of 1987 s. 8; No. 14 of 1996 s. 4; No. 38 of 2002 s. 28 and 39.]
(1)(a)Subject to subsections (1a) and (1b) the owner or occupier of land that abuts upon Crown land (other than land set apart for roads or land comprised in closed roads), a reserve or other land that is unoccupied by abandonment except forest land, may enter upon that Crown land, reserve or other land for the purpose of clearing or clearing and ploughing fire‑breaks not more than 3 metres in width situated not more than 200 metres distant from the boundary of that Crown land, reserve or other land, and may burn the bush between those fire‑breaks and the boundary of the land of the owner or occupier if the burning is not contrary to the provisions of section 17 and is carried out in accordance with the provisions of section 18.
(b)Before any fire‑breaks are burnt under the provisions of this subsection
(c)A bush fire control officer may subject to the provisions of sections 17 and 18 enter upon any Crown land or reserve except forest land with such servants and workmen or with such vehicles, machinery and appliances as he
(1a)Where —
(a)the person, body or Government department responsible for the care, control and management of a reserve, after consultation with the local government or local governments in whose district or districts the reserve is situated, tenders to the Authority a plan setting out the measures taken and proposed to be taken to prevent, control and extinguish bush fires on the reserve; and
(b)the Authority is satisfied that the measures set out in the plan will provide adequate fire protection in relation to the reserve and that the exercise of the powers conferred by subsection (1) would be likely to interfere with the development of the reserve,
the Authority may, by notice published in the Gazette and in a newspaper circulating in the district in which the reserve is situated, order that the powers conferred by subsection (1) shall not be exercised in relation to the reserve.
(1b)A notice published under subsection (1a) —
(a)has effect according to its tenor;
(b)may be varied or cancelled by a subsequent notice so published.
(2)(a)Where an agreement for the purpose of making fire‑breaks is not made between the Executive Director of the Department of Conservation and Land Management and the owner or occupier of land adjoining or adjacent to forest land, if the Executive Director has established on the forest land marginal and internal fire‑breaks, he
(b)When and as often as the Executive Director of the Department of Conservation and Land Management gives notice to an owner or occupier of land as provided for in paragraph (a), the provisions of section 33(
[Section 34 amended by No. 11 of 1963 s. 16; No. 94 of 1972 s. 4 (
35.Powers of Authority on default by local government
(1)Where a local government, if requested so to do by the Minister, fails to give to an owner or occupier of land a notice under the provisions of section 33(
(2)Where a local government, in compliance with a request by the Minister, gives to an owner or occupier of land a notice under section 33(
(3)(
(b)A certificate signed by the Chief Executive Officer is evidence of the amount and the Authority may recover the amount in a court of competent jurisdiction as a debt due from the local government or from the owner or occupier of the land in respect of which the notice has been given, as the Authority may at its option elect.
(4)Where in accordance with subsection (3) the Authority takes proceedings against, and obtains a judgment against, the local government, the local government has no recourse against, or right of contribution by, the owner or occupier of land under this section in respect of the judgment.
(5)(
(b)The Authority may recover in a court of competent jurisdiction the amount of the expenses incurred by the liaison officer in remedying the default or neglect of the local government as a debt due by it to the Authority.
[Section 35 amended by No. 65 of 1977 s. 34 and 47; No. 60 of 1992 s. 11; No. 14 of 1996 s. 4; No. 42 of 1998 s. 16.]
Part IV — Control and extinguishment of bush fires
Division 1 — Local governments
[Heading amended by No. 14 of 1996 s. 4.]
In this Division, and in section 41 —
“bush fire
“loss or damage
“normal brigade activities
(a)the prevention, control or extinguishment of bush fires;
(b)any act or operation at or about the scene of a bush fire, or in connection with a bush fire, which is necessary for, directed towards, or incidental to, the control or suppression of the fire or the prevention of spread of the fire, or in any other way necessarily associated with the fire including travelling and support services such as meals and communication systems;
(c)any bush fire prevention activity including the burning, ploughing or clearing of fire‑breaks or any other operation, including but without being limited to, the inspection of fire‑breaks or other works and the survey of areas for the purpose of detecting fire or ascertaining the need for precautions against the outbreak of fire, but not including the activities of an owner or occupier providing a fire‑break or fire prevention works on his
(d)demonstrations, exercises, fundraising, promotions, public education, competitions or a training process for volunteers;
(e)examination, preparation, maintenance, adjustment or repair of any vehicle, equipment, building or thing used or intended to be used by a bush fire brigade for the purpose of fighting fires or for carrying out fire prevention operations including activities associated with administration of a bush fire brigade;
(f)travelling in aircraft for the purposes of inspection of fire‑breaks, fire hazards and bush fires;
(g)erection, removal or maintenance of radio masts used for fire related purposes;
(h)attending an incident where the skills of a volunteer fire fighter or the operation of fire fighting equipment may reduce or remove a perceived threat to life or property;
(i)attending an incident subsequently found to be a false alarm;
“volunteer fire fighter
[Section 35A inserted by No. 60 of 1992 s. 18; amended by No. 14 of 1996 s. 4.]
36.Local government may expend moneys in connection with control and extinguishment of bush fires
A local government may, notwithstanding anything to the contrary contained in any other Act —
(a)purchase and maintain appliances, equipment, and apparatus for the prevention, control and extinguishment of bush fires;
(b)clear a street, road or reserve vested in it or under its control, of bush, and other inflammable material, for the purpose of preventing the occurrence or spread of a fire;
[(c)deleted]
(d)establish and maintain bush fire brigades as a part of its organisation for the prevention, control, and extinguishment of bush fires;
(e)use any vehicle in controlling or extinguishing a bush fire or in the attempting so to do but the local government must pay to the owner or hirer of the vehicle, in respect of any damage done to a tyre of that vehicle while it was being so utilized, an amount assessed by an employee of the local government authorised by it to assess the cost of that damage;
(f)assist the occupier of farm lands within its district to acquire appliances, equipment and apparatus for the prevention, control, and extinguishment of bush fires upon or threatening his
[Section 36 amended by No. 11 of 1963 s. 17; No. 51 of 1979 s. 5; No. 60 of 1992 s. 19; No. 14 of 1996 s. 4; No. 57 of 1997 s. 26(2).]
37.Local government to insure certain persons
(1)A local government that maintains a bush fire brigade shall obtain and keep current —
(a)a policy of insurance that insures volunteer fire fighters for compensation, payable in accordance with subsection (2) for injury caused to them while they are engaged under this Act in normal brigade activities; and
(b)a policy of insurance that, subject to subsection (10), insures against loss or damage all appliances, equipment, and apparatus of the bush fire brigade and any privately owned appliance, equipment, or apparatus that is used under the direction of a bush fire control officer, or an officer or a member of a bush fire brigade for the purposes of this Act
(2)For the purposes of a policy of insurance referred to in subsection (1)(
(a)if the volunteer fire fighter is a self‑employed or unemployed person — either the actual weekly earnings received by that volunteer fire fighter or the weekly earnings of an officer of the Department of Conservation and Land Management at Level 2, Year 5, whichever is the greater;
(b)if the volunteer fire fighter is employed other than self‑employed — either the weekly earnings calculated in accordance with the Workers’ Compensation and Rehabilitation Act 1981, or the weekly earnings of an officer of the Department of Conservation and Land Management at Level 2, Year 5, whichever is the greater.
(3)The provisions contained in clauses 8, 10, 11, 16, 17, 18, 18A and 19 of Schedule 1 to the Workers’ Compensation and Rehabilitation Act 1981 apply, with any necessary adaptations, to a policy of insurance under subsection (1)(
(4)The limitation in section 56 of the Workers’ Compensation and Rehabilitation Act 1981 does not apply to a policy of insurance under subsection (1)(
(a)is a self‑employed person; and
(b)produces sufficient evidence of his
(5)A volunteer fire fighter who has suffered a specified injury while engaged in normal brigade activities is entitled to payment of an amount in addition to the amount referred to in subsection (2), so that the total amount received by or in respect of that volunteer fire fighter in relation to that injury is the prescribed amount multiplied by 2.36.
(6)In subsection (5) —
“prescribed amount
(a)death;
(b)total loss of sight of both eyes;
(c)total loss of sight of an only eye;
(d)permanent and incurable loss of mental capacity resulting in total inability to work;
(e)total and incurable paralysis of the limbs or of mental powers;
(f)loss of both hands;
(g)loss of a hand and foot;
(h)loss of both feet;
(i)severe facial scarring or disfigurement (including scarring or disfigurement as a result of burns);
(j)severe bodily, other than facial, scarring or disfigurement (including scarring or disfigurement as a result of burns).
(7)Any additional amount payable under subsection (5) shall be paid out of moneys appropriated by Parliament for that purpose.
(8)The amount referred to in subsection (2) and the additional amount referred to in subsection (5) are payable to the person or persons who would be entitled to receive them if a volunteer fire fighter were a worker and suffered a compensable injury under the Workers’ Compensation and Rehabilitation Act 1981 and, in addition to those persons, shall extend —
(a)to a spouse irrespective of dependency upon the volunteer fire fighter;
(aa)to a person who was living in a de facto relationship with the volunteer fire fighter immediately before the death of the fire fighter and lived on that basis with the fire fighter for at least 2 years before the death of the fire fighter irrespective of dependency upon the fire fighter; or
(b)to a child of the volunteer fire fighter if the child is dependent upon the volunteer fire fighter.
(8a)If the amount referred to in subsection (2) and the additional amount referred to in subsection (5) are payable to more than one person then those amounts are to be apportioned between those persons in accordance with the regulations.
(9)A volunteer fire fighter making a claim under a policy of insurance referred to in subsection (1)(
(10)Under a policy of insurance referred to in subsection (1)(
(a)in respect of any one bush fire, exceeds —
(i)$2 000 for any one appliance or item of equipment or apparatus; or
(ii)$4 000 to any one person or partnership;
or
(b)in any one insurance year, exceeds a total amount of $10 000 to any one person or partnership for all loss or damage.
(11)A policy of insurance referred to in subsection (1)(
(12)A local government may insure against injury of the kind referred to in subsection (1)(
[Section 37 inserted by No. 60 of 1992 s. 20; amended by No. 14 of 1996 s. 4; No. 28 of 2003 s. 15.]
38.Local government may appoint bush fire control officer
(1)A local government may from time to time appoint such persons as it thinks necessary to be its bush fire control officers under and for the purposes of this Act
(2)(
[(b)deleted]
(c)The local government shall fill any vacancy occurring in the office of Chief Bush Fire Control Officer or Deputy Chief Bush Fire Control Officer within one month after the vacancy occurs and if the local government fails or neglects to do so within that time, the Authority may by notice in writing require the local government to appoint a person to the vacant office within one month after service on it of such notice.
(d)Where a local government that has been served with a notice pursuant to paragraph (c) fails or neglects to comply with the requirements of that notice, the Authority may appoint a person to the vacant office.
(e)A bush fire control officer appointed under the provisions of this section
(3)The local government may, in respect to bush fire control officers appointed under the provisions of this section
(4)A bush fire control officer appointed under the provisions of this section
(a)carrying out normal brigade activities;
[(b)and (c) deleted]
(d)exercising an authority or carrying out a duty conferred or imposed upon him
(e)procuring the due observance by all persons of the provision of Part III.
(5)(
(b)The bush fire control officer, or officer of the bush fire brigade, may by authority of any directions so issued carry out the directions but subject to the provisions of this Act
(c)The provisions of this subsection
“approved local government
(b)If it appears to the Authority that the standard of efficiency of a local government in fire prevention and control justifies the Authority doing so, the Authority, by notice published in the Government Gazette
(i)may approve the local government as one to which this subsection applies; and
(ii)may from time to time cancel or vary any previous approval given under this paragraph.
(c)An approved local government may appoint to the office of fire weather officer such number of senior bush fire control officers as it thinks necessary.
(ca)Where more than one fire weather officer is appointed by a local government the local government shall define a part of its district in which each fire weather officer shall have the exclusive right to exercise the power conferred by paragraph (h).
(cb)An approved local government may appoint one or more persons, as it thinks necessary, to be the deputy or deputies, as the case may be, of a fire weather officer appointed by the local government and where 2 or more deputies are so appointed they shall have seniority in the order determined by the local government.
(cc)Where the office of a fire weather officer is vacant or whilst the occupant is absent or unable to act in the discharge of the duties of the office, any deputy appointed in respect of that office under paragraph (cb) is, subject to paragraph (cd), entitled to act in the discharge of the duties of that office.
(cd)A deputy who is one of 2 or more deputies of a fire weather officer is not entitled to act in the discharge of the duties of the office of that fire weather officer if a deputy who has precedence over him
(d)The local government shall give notice of an appointment made under paragraph (c) or (cb) to the Authority and cause notice of the appointment to be published at least once in a newspaper circulating in its district and the Authority shall cause notice of the appointment to be published once in the Government Gazette
(e)An approved local government may appoint a committee for the purpose of advising and assisting a fire weather officer or any deputy of a fire weather officer acting in the place of that officer under this subsection.
(f)Where a committee is appointed, a fire weather officer, or, as the case may be, a deputy of a fire weather officer while acting in the place of that officer, may exercise the authority conferred on him
(g)The provisions of this subsection
(h)A fire weather officer of an approved local government, or a deputy of that fire weather officer while acting in the place of that officer, may authorise a person who has received a permit under section 18(
(i)This subsection does not authorise the burning of bush during the prohibited burning times or within the defined area during a bush fire emergency period.
[Section 38 amended by No. 35 of 1957 s. 7; No. 20 of 1958 s. 2; No. 11 of 1963 s. 18; No. 67 of 1970 s. 4; No. 65 of 1977 s. 36; No. 51 of 1979 s. 4; No. 60 of 1992 s. 21; No. 14 of 1996 s. 4; No. 10 of 1998 s. 20(2); No. 42 of 1998 s. 16; No. 38 of 2002 s. 29.]
38A.Authority may appoint Chief Bush Fire Control Officer
(1)At the request of a local government the Authority may appoint a member of staff (as defined in the FESA Act) to be the Chief Bush Fire Control Officer for the district of that local government.
(2)Where a Chief Bush Fire Control Officer has been appointed under subsection (1) for a district the local government is not to appoint a Chief Bush Fire Control Officer under section 38(1).
(3)The provisions of this Act
(4)Section 38(3), (4) and (5) apply to and in relation to the Chief Bush Fire Control Officer appointed under this section as if —
(a)he
(b)the references in those subsections to the local government were references to the Authority.
[Section 38A inserted by No. 38 of 2002 s. 30.]
39.Special powers of bush fire control officers
(1)Subject to the provisions of this Act
(a)exercise any of the appropriate powers of the Director of Operations under the Fire Brigades Act 1942, in so far as the same may be necessary or expedient, for extinguishing a bush fire or for preventing the spread or extension of the fire;
(b)enter any land or building, whether private property or not;
(c)pull down, cut, and remove fences on land, whether private property or not, if in his
(d)cause fire‑breaks to be ploughed or cleared on land, whether private land or not, and take such other appropriate measures on the land as he
(e)take and use water, other than that for use at a school or the domestic supply of an occupier contained in a tank at his
(f)take charge of and give directions to any bush fire brigade present at a bush fire with respect to its operations or activities in connection with the extinguishment or control of the bush fire, or the prevention of the spread or extension of the fire;
(g)any other thing which in his
(h)employ a person or use the voluntary services of a person to assist him
(i)either alone or with others under his
(2)(a)Where a bush fire is burning in or on forest land, or in or on Crown lands, if an authorised CALM Act officer is present at the fire, the powers and authorities conferred by this Act upon a bush fire control officer appointed under this Act by a local government are vested in and are exercisable by the authorised CALM Act officer.
[(b)deleted]
[Section 39 amended by No. 11 of 1963 s. 19; No. 51 of 1979 s. 5; No. 8 of 1987 s. 4; No. 14 of 1996 s. 4; No. 38 of 2002 s. 31 and 40.]
39A.Duties of bush fire authorities on outbreak of fire
(1)On the outbreak of a bush fire at a place within or adjacent to the district of a local government, the bush fire control officers, bush fire brigade officers, or bush fire brigade members, of the local government, or as many of them as may be available may, subject to this Act, take charge of the operations for controlling and extinguishing the bush fire or for preventing the spread or extension of the fire.
(2)Where a bush fire to which this section applies occurs, if a bush fire control officer, bush fire brigade officer, or member of a bush fire brigade, of the local government in whose district the bush fire is burning is not present at the fire, a bush fire control officer, a bush fire brigade officer, or member of a bush fire brigade, of a local government whose district is adjoining or adjacent, may exercise in respect of the bush fire, all powers and authorities of a bush fire control officer of the local government in whose district the fire is burning.
(3)This section applies only to bush fires which —
(a)have been lit or are maintained unlawfully;
(b)have occurred accidentally;
(c)have ceased to be under control or are not adequately controlled; or
(d)are declared in the regulations to be bush fires to which this section applies.
[Section 39A inserted by No. 35 of 1957 s. 8; amended by No. 51 of 1979 s. 5; No. 14 of 1996 s. 4.]
40.Local governments may join in appointing and employing bush fire control officers
(1)Two
(2)Bush fire control officers so appointed may exercise their powers and authorities and shall perform their duties under this Act in each and every one of the districts of the local governments which have joined in appointing them.
[Section 40 amended by No. 14 of 1996 s. 4.]
Division 2 — Bush fire brigades
(1)For the purpose of carrying out normal brigade activities a local government may, in accordance with its local laws made for the purpose, establish and maintain one or more bush fire brigades and may, in accordance with those local laws, equip each bush fire brigade so established with appliances, equipment and apparatus.
(2)A local government shall keep a register of bush fire brigades and their members in accordance with the regulations and shall register therein each bush fire brigade established by it under subsection (1) and each member of each such brigade.
(2a)A local government is to notify the Authority as soon as practicable after any changes occur in any of the details required to be recorded in the register under subsection (2).
(3)A local government may at any time cancel the registration of a bush fire brigade.
[Section 41 inserted by No. 65 of 1977 s. 37; amended by No. 60 of 1992 s. 22; No. 14 of 1996 s. 4; No. 38 of 2002 s. 32.]
42.Local governments may join in establishing a bush fire brigade
(1)Two
(2)The bush fire brigade and its members shall be registered as provided for in section 41, but the application for registration may be made by any one local government a party to the agreement on behalf of the local governments which are parties to the agreement.
[Section 42 amended by No. 14 of 1996 s. 4; No. 38 of 2002 s. 33.]
42A.Constitution of bush fire brigade
Any group of persons, however constituted and whether incorporated or not, may be established as a bush fire brigade under section 41(1) or 42(1).
[Section 42A inserted by No. 38 of 2002 s. 34.]
43.Election and duties of officers of bush fire brigades
A local government which establishes a bush fire brigade shall by its local laws provide for the appointment or election of a captain, a first lieutenant, a second lieutenant, and such additional lieutenants as may be necessary as officers of the bush fire brigade, and prescribe their respective duties.
[Section 43 amended by No. 51 of 1979 s. 5; No. 14 of 1996 s. 4.]
44.Powers and authorities of officers of bush fire brigade
(1)Subject to this Act, and except as provided in section 45 for the purpose of controlling and extinguishing or preventing the occurrence or spread or extension of a bush fire, or for any other prescribed purpose, the captain, or, in his
(a)control and direct the bush fire brigade at the fire or a person who voluntarily places his
(b)either alone or with others under his
(c)take any measures which in the circumstances are reasonable and appear to him
(d)enter or give directions for entering land or premises, and take or cause to be taken water from any source whatsoever, other than that for use at a school or the domestic supply of an occupier contained in a tank at his
(e)either alone or with others under his
(2)The powers conferred by subsection (1)(
(a)in an area which has been declared a fire district under the Fire Brigades Act 1942, unless at the express request of an officer of a fire brigade established under that Act; or
(b)in an area in which there is a fire brigade or volunteer fire brigade formed under the provisions of that Act, unless at the express request of an officer of the fire brigade or volunteer fire brigade as the case may be.
(3)(a)Where the bush fire brigade of a local government is present at a fire which is burning within the district of the local government, if a bush fire control officer of the local government is not present, the captain or in his
(b)Subject to the provisions of section 45 where a bush fire control officer of a local government is present at a fire which is burning in the district of the local government, he
[Section 44 amended by No. 35 of 1957 s. 9; No. 14 of 1996 s. 4.]
45.Fires in or near forest land or Crown lands
(a)Where a bush fire is burning in or near forest land, or in or near Crown lands, if an authorised CALM Act officer is present, the powers and authorities conferred by this Act upon a bush fire control officer appointed under this Act, or upon a captain or other officer of a bush fire brigade, are exercisable by him
(b)Where an authorised CALM Act officer is present at the fire he
[Section 45 amended by No. 11 of 1963 s. 20; No. 8 of 1987 s. 5; No. 38 of 2002 s. 40(1).]
46.Bush fire control officer or forest officer may postpone lighting a fire
(1)(a)Notwithstanding any other provision of this Act
(i)subject to the provisions of the next succeeding paragraph a bush fire control officer, or the local government in whose district the land is situated may prohibit, or from time to time postpone the lighting of a fire, where in his
(ii)where a fire is burning on land and the bush fire control officer or the local government as the case may be is of the opinion that the fire is in danger of escaping from that land, he
(b)Where it is proposed to light a fire within 3 kilometres of a boundary of forest land, an authorised CALM Act officer may exercise the powers conferred by the last preceding paragraph to the exclusion of the exercise of those powers by a bush fire control officer or the local government but if an authorised CALM Act officer fails to exercise the powers a bush fire control officer or local government may exercise those powers.
(2)A person who lights a fire contrary to the provisions of this section
Penalty: $10 000.
(3)If, as a result of the exercise of any power conferred by subsection (1), a person, who has paid a fee to a local government for a permit to light a fire, is precluded from doing so in such circumstances that the permit is of no use to him
[Section 46 amended by No. 11 of 1963 s. 21; No. 113 of 1965 s. 8(1); No. 94 of 1972 s. 4 (
47.Fire‑break not to be lit when bush fire burning
Subject to the provisions of section 39(
[Section 47 amended by No. 8 of 1987 s. 6.]
Part V — Miscellaneous
48.Delegation by local governments
(1)A local government may, in writing, delegate to its chief executive officer the performance of any of its functions under this Act.
(2)Performance by the chief executive officer of a local government of a function delegated under subsection (1) —
(a)is taken to be in accordance with the terms of a delegation under this section, unless the contrary is shown; and
(b)is to be treated as performance by the local government.
(3)A delegation under this section does not include the power to subdelegate.
(4)Nothing in this section is to be read as limiting the ability of a local government to act through its council, members of staff or agents in the normal course of business.
[Section 48 inserted by No. 38 of 2002 s. 35.]
[49.Repealed by No. 2 of 1996 s. 61.]
50.Records to be maintained by local governments
(1)A local government shall maintain records containing the following information —
(a)the names, addresses, and usual occupations of all the bush fire control officers and bush fire brigade officers appointed by or holding office under the local government;
(b)where a bush fire control officer holds office in respect of part only of the district of the local government, descriptive particulars of that part of the district in respect of which the bush fire control officer holds office;
(c)particulars of the nature, quantity, and quality of the bush fire fighting equipment and appliances which are generally available within the district of the local government for use in controlling and extinguishing bush fires.
(2)The Governor may make regulations —
(a)requiring an owner or occupier of land to notify the local government in whose district the land is situated of the occurrence of any bush fire on the land;
(b)requiring a local government to send to the Authority particulars of losses caused by bush fires in its district;
(c)prescribing the times at or within which, and the manner in which, the requirements of the regulations shall be complied with;
(d)imposing a maximum penalty of $1 000 for any breach of the regulations.
[Section 50 amended by No. 113 of 1965 s. 8(1); No. 65 of 1977 s. 39; No. 14 of 1996 s. 4; No. 42 of 1998 s. 16; No. 38 of 2002 s. 39.]
(1)Except as otherwise expressly provided in this Act, nothing in this Act and no conviction, payment of penalty or proceeding taken under this Act takes away or affects any right of action or other remedy at common law or otherwise which a person may have in respect of loss or damage caused by a bush fire to which this Act relates.
(2)It is not a defence to a claim for damage, loss or injury in respect of the doing of anything, that it was done by or pursuant to the authority of this Act
(3)The provisions of the last preceding subsection do not prejudice or affect those of section 37 of the FESA Act.
[Section 51 amended by No. 42 of 1998 s. 12.]
52.Approved area may be declared
(1)For the purposes of this Act
(2)On receipt of the application the Minister may by notice published in the Gazette declare the district of the local government or part of it to be an approved area.
(3)Before declaring the district or part of it to be an approved area the Minister may obtain a report as to the standard of efficiency of the bush fire brigade established in the district or the part.
(4)The Minister may require the local government to pay the cost of any inspection made for the purposes of this section
[Section 52 amended by No. 14 of 1996 s. 4.]
53.Reduction in insurance premium of crops in approved area
(1)Where a crop of any kind situate wholly or partly within an approved area is insured against loss or damage by fire, the rate of premium charged by the insurer in respect of the insurance shall not exceed 75% of the rate of premium charged by the insurer in respect of crops of that kind not situate within an approved area.
(2)A person who charges a rate of premium in excess of that permitted by this section is guilty of an offence.
Penalty: $10 000.
(3)For the purposes of this section
[Section 53 amended by No. 113 of 1965 s. 8(1); No. 65 of 1977 s.
54.Approved area may be cancelled
If in the opinion of the Authority the organisation for the prevention or control of fire in the district of a local government is at any time not of a reasonable standard of efficiency, the Minister may by notice published in the Gazette declare that an approved area within the district of the local government shall, as from a date to be specified in the notice, cease to be an approved area for the purposes of this Act
[Section 54 amended by No. 11 of 1963 s. 22; No. 14 of 1996 s. 4; No. 42 of 1998 s. 16.]
A pecuniary penalty recovered in respect of an offence against this Act is to be paid to the Authority unless the offence was prosecuted by or at the direction of a local government in which case it is to be paid to the local government.
[Section 55 inserted by No. 78 of 1995 s. 9; amended by No. 57 of 1997 s. 26(2); No. 42 of 1998 s. 16.]
56.Duties of police officers, bush fire control officers, etc.
(1)It is the duty of —
(a)a member of the Police Force, a member of the Authority, an officer of the Authority, a bush fire control officer appointed under this Act and an authorised CALM Act officer, who finds a person committing an offence against this Act to demand from the person his
(b)a bush fire control officer if he
(2)A person who refuses to state his
(3)A person who in contravention of this section
Penalty: $1 000.
[Section 56 amended by No. 11 of 1963 s. 23; No. 113 of 1965 s. 8(1); No. 65 of 1977 s. 48; No. 8 of 1987 s. 8; No. 60 of 1992 s. 12; No. 14 of 1996 s. 4; No. 42 of 1998 s. 16; No. 38 of 2002 s. 39 and 40(1).]
A person who obstructs, hinders, resists or in any way opposes a member of the Authority, or an officer of the Authority, or a bush fire control officer appointed under this Act, or an authorised CALM Act officer, or an officer or member of a bush fire brigade or other person acting with authority under this Act, in the performance or doing of anything which he
Penalty: $5 000.
[Section 57 amended by No. 11 of 1963 s. 24; No. 113 of 1965 s. 8(1); No. 65 of 1977 s. 48; No. 8 of 1987 s. 8; No. 60 of 1992 s. 13; No. 78 of 1995 s. 147; No. 42 of 1998 s. 16; No. 38 of 2002 s. 39 and 40(1).]
58.General penalty
(1)A person who contravenes any of the provisions of this Act
[(2)repealed]
(3)Where, as the result of an offence against this Act, any expense is incurred by an authorised CALM Act officer, bush fire control officer, any officer or member of a bush fire brigade, or by any other person acting under the provisions of this Act
the Executive Director of the Department of Conservation and Land Management —
where the expense is incurred by an authorised CALM Act officer,
or a local government concerned —
where the expense is incurred by a bush fire control officer employed by the local government, or by an officer or member of a bush fire brigade established and maintained by the local government, or
the Authority —
where the expense is incurred by any other person acting pursuant to this Act —
(a)may recover the amount of the expense so incurred from the person committing the offence as a debt due in a court of competent jurisdiction; or
(b)may apply to a court of summary jurisdiction convicting the person of the offence for an order for payment by that person of the amount of the expense, if the amount does not exceed $1 000, in addition to any penalty inflicted in respect of the conviction.
(i)The court may grant the application wholly or in part or refuse the application, and payment of an amount specified in an order may be enforced in the same manner as payment of a pecuniary penalty.
(ii)Refusal of the court to grant an order for payment of the whole or part of the expenses is not a bar to proceedings to recover the whole or part, as the case may be, in any other court of competent jurisdiction;
or
(c)may issue a certificate that the expense was incurred and as to the amount of the expense, and the certificate is evidence of the facts so stated in all courts until the contrary is proved.
(4)Where proceedings are brought against the person committing the offence for the recovery of the amount of the expenses as a debt, a certificate containing the substance and effect only of the conviction for the offence, signed or purporting to be signed by the clerk of petty sessions of the court where the offender was convicted, is, upon proof of identity of the person, sufficient evidence of the conviction without proof of the signature, appointment or status of the person by whom the certificate is or purports to be signed until the contrary is proved.
[Section 58 amended by No. 113 of 1965 s. 8(1); No. 65 of 1977 s. 48; No. 14 of 1996 s. 4; No. 42 of 1998 s. 16; No. 38 of 2002 s. 39 and 40(1).]
(1)Subject to the provisions of sections 32 and 59A all proceedings for offences against this Act shall be disposed of summarily before a court of petty sessions.
(2)(
(b)The person instituting and carrying on the proceedings shall be reimbursed out of the funds of the local government within whose district the alleged offence is committed, all costs and expenses which he
(3)A local government may, by written instrument of delegation, delegate authority generally, or in any class of case, or in any particular case, to its bush fire control officer, or other officer, to consider allegations of offences alleged to have been committed against this Act in the district of the local government and, if the delegate thinks fit, to institute and carry on proceedings in the name of the local government against any person alleged to have committed any of those offences in the district, and may pay out of its funds any costs and expenses incurred in or about the proceedings.
(4)A local government may by written instrument cancel, or from time to time vary, any instrument of delegation conferred under subsection (3).
(5)Notwithstanding that a local government has under subsection (3) conferred authority on a delegate, the local government is not precluded from exercising but may itself exercise the authority.
[Section 59 amended by No. 35 of 1957 s. 10; No. 11 of 1963 s. 25; No. 65 of 1977 s. 41; No. 14 of 1996 s. 4; No. 42 of 1998 s. 16; No. 38 of 2002 s. 36 and 40(1).]
59A.Alternative procedure — infringement notices
(1)In this section “prosecutor” means a person or local government authorised by or under section 59 to institute and carry on proceedings against a person for an offence alleged to be committed against this Act.
(2)Where a prosecutor has reason to believe that a person has committed any such offence against this Act as is prescribed for the purposes of this section
(3)An infringement notice may be served on an alleged offender personally or by posting it to his
(4)A person who receives an infringement notice may decline to be dealt with under the provisions of this section
(5)An infringement notice may, whether or not the prescribed penalty has been paid, be withdrawn, at any time within 60 days after the service of the notice, by the sending of a notice, in the prescribed form, signed by a prescribed officer, to the alleged offender at his
(6)Where a prescribed penalty has been paid pursuant to an infringement notice and the notice has not been withdrawn as provided by subsection (5), proceedings shall not be brought against any person with respect to the offence alleged in the notice.
(7)The payment of a penalty pursuant to an infringement notice shall, for the purposes of this Act
(8)The Governor may make regulations for any purpose for which regulations are contemplated or required by this section and, in particular, may make regulations —
(a)prescribing offences for the purposes of this section
(b)prescribing a penalty for the purposes of this section
[Section 59A inserted by No. 65 of 1977 s. 42; amended by No. 8 of 1987 s. 8; No. 14 of 1996 s. 4; No. 38 of 2002 s. 37 and 39.]
60.Assisting to commit an offence
Wherever in this Act there is a prohibition of the doing of anything, the prohibition is to be read as including a prohibition of the assisting in or of aiding or abetting in any way the doing of the thing, and of the causing of or suffering the doing of it, and of any attempt to do the thing, or to cause it to be done or to assist in or aid or abet the doing of the thing.
(1)The Governor may make regulations prescribing all matters and things which by this Act are contemplated, required, or permitted to be prescribed, or which appear to the Governor necessary or convenient to be prescribed for the purpose of effectually carrying out the provisions of this Act
(2)The regulations may impose a penalty not exceeding $5 000 for a breach of a regulation.
[Section 61 amended by No. 113 of 1965 s. 8(1); No. 65 of 1977 s. 48; No. 8 of 1987 s. 8; No. 38 of 2002 s. 39.]
62.Local government may make local laws
(1)A local government may make local laws in accordance with subdivision 2 of Division 2 of Part 3 of the Local Government Act 1995 for and in relation to —
(a)the appointment, employment, payment, dismissal and duties of bush fire control officers;
(b)the organisation, establishment, maintenance and equipment with appliances and apparatus of bush fire brigades to be established and maintained by the local government; and
(c)any other matters affecting the exercise of any powers or authorities conferred and the performance of any duties imposed upon the local government by this Act.
(2)Where a regulation made by the Governor under this Act is inconsistent with or repugnant to a local law previously made by a local government under subsection (1) and still in force, the regulation prevails and the local law to the extent by which it is inconsistent with or repugnant to the regulation is deemed to be repealed.
[Section 62 amended by No. 14 of 1996 s. 4.]
62A.Governor may amend or repeal local laws
(1)The Governor may make a local law to amend the text of, or repeal, a local law.
(2)Subsection (1) does not include the power to amend a local law to include in it a provision that bears no reasonable relationship to the local law as in force before the amendment.
(3)The Minister is to give a local government notice in writing of any local law that the Governor makes to amend the text of, or repeal, any of the local government’s local laws.
(4)A local law made under this section is to be taken, for all purposes, to be a local law made by the local government which made the local law that is amended or repealed.
(5)Section 3.17 of the Local Government Act 1995 does not apply in relation to local laws made under this Act.
[Section 62A inserted by No. 14 of 1996 s. 4.]
[63.Repealed by No. 42 of 1998 s. 13.]
64.Prohibitions excluded by certain circumstances
The provisions of section 17(
[Section 64 amended by No. 65 of 1977 s. 43; No. 51 of 1979 s. 5; No. 38 of 2002 s. 38.]
(1)In a prosecution or legal proceeding under the provisions of this Act
(a)the constitution of the Authority;
(b)an authority of the Minister or of a local government to prosecute;
(c)the particular or general appointment of an officer of the Authority or of a local government to take proceedings against any person;
(d)the powers of the officer to prosecute.
(2)The production of —
(a)a copy of the Gazette containing a rule, local law, regulation, declaration, order or notice purporting to have been made or given under the provisions of this Act
(b)a copy purporting to be a true copy of such a rule, local law, regulation, declaration, order or notice certified as such under the seal of the Authority;
(c)a copy purporting to be a true copy of the certificate of appointment of a bush fire control officer certified as such under the hand of the chief executive officer of a local government or the Chief Executive Officer; or
(d)a copy purporting to be a true copy of the certificate of registration of a bush fire brigade certified as such under the hand of the chief executive officer of a local government,
is evidence until the contrary is proved of the due making, existence, confirmation, approval and giving of the rule, local law, regulation, declaration, order or notice, or of the due appointment of the bush fire control officer, or of the due registration of the bush fire brigade, as the case may be, and of all preliminary steps necessary to give full force and effect to the same.
(3)The production of a certificate purporting to have been issued by the Bureau of Meteorology in Perth and signed by the Deputy Director or other officer of that Bureau as to the fire danger rating issued by the Bureau in respect of any day, or any period of a day, is evidence until the contrary is proved of the fire danger rating so issued in respect of that day or that period.
(4)The averment in a claim, complaint or other document in a prosecution or legal proceedings instituted for the purposes of this Act
(a)that a stated time was during the prohibited burning times or during the restricted burning times; or
(b)that land is within a particular district or zone of the State,
is to be presumed as proved in the absence of proof to the contrary.
[Section 65 amended by No. 35 of 1957 s. 11; No. 11 of 1963 s. 27; No. 65 of 1977 s. 44; No. 60 of 1992 s. 15; No. 14 of 1996 s. 4; No. 10 of 1998 s. 20(3); No. 42 of 1998 s. 14 and 16.]
66.Proof of ownership or occupancy
(1)In a prosecution or legal proceedings under this Act, in addition to other methods of proof available —
(a)the production of the rate record of a local government, or of a copy or extract purporting to be certified by the mayor or president or chief executive officer of that local government as a copy or extract of the rate record, showing that a person is rated as the owner or occupier of land;
(b)the production of a document purporting to be —
(i)a certificate signed by the Registrar of Deeds or his
(ii)a certificate signed by the Registrar of Titles or an Assistant Registrar that a person’s name appears in the Register under the Transfer of Land Act 1893, as that of the owner of land; or
(iii)a certificate signed by the Executive Director, Department of Land Administration 4, the Director General for Mines 5, or the Executive Director of the Department of Conservation and Land Management, that a person is registered in the Department of Land Administration 4, the Department of Mines 6, or the Department of Conservation and Land Management, as the case may be, as the lessee or occupier of land or the holder of a timber lease, concession or permit,
is, until the contrary is proved, evidence that the person is the owner, lessee or occupier, as the case may be, of the land.
(2)All courts, judges and persons acting judicially shall for the purposes of this Act
(3)The averment in a claim, complaint or other document in a prosecution or legal proceedings instituted for the purposes of this Act
[Section 66 inserted by No. 11 of 1963 s. 28; amended by No. 14 of 1996 s. 4; No. 81 of 1996 s. 153(1); No. 57 of 1997 s. 26(3).]
(1)A local government may at any time appoint such persons as it thinks fit as a bush fire advisory committee for the purpose of advising the local government regarding all matters relating to the preventing, controlling and extinguishing of bush fires, the planning of the layout of fire‑breaks in the district, prosecutions for breaches of this Act
(2)A committee appointed under this section shall include a member of the council of the local government nominated by it for that purpose as a member of the committee, and the committee shall elect one of their number to be chairman thereof.
(3)In respect to a committee so appointed, the local government shall fix the quorum for the transaction of business at meetings of the committee and may —
(a)make rules for the guidance of the committee;
(b)accept the resignation in writing of, or remove, any member of the committee; and
(c)where for any reason a vacancy occurs in the office of a member of the committee, appoint a person to fill that vacancy.
(4)A committee appointed under this section —
(a)may from time to time meet and adjourn as the committee thinks fit;
(b)shall not transact business at a meeting unless the quorum fixed by the local government is present;
(c)is answerable to the local government and shall, as and when required by the local government, report fully on its activities.
[Section 67 inserted by No. 11 of 1963 s. 28; amended by No. 67 of 1970 s. 5; No. 65 of 1977 s. 45; No. 14 of 1996 s. 4.]
68.Regional advisory committees
(1)A group of 2 or more local governments may by agreement join in appointing a regional bush fire advisory committee to assist them in the performance of their functions under this Act.
(2)Where a group of local governments agree to appoint a committee under this section —
(a)those local governments, by agreement —
(i)shall fix the number of members of the committee and the quorum for the transaction of business at meetings of the committee;
(ii)shall determine the interests to be represented on the committee;
(iii)may make rules for the guidance of the committee;
(b)each of those local governments —
(i)shall be entitled to appoint the same number of persons as members of the committee and, subject to paragraph (a)(
(ii)may accept the resignation in writing of, or remove, a member of the committee appointed by it;
(iii)may, where for any reason a vacancy occurs in the office of a member of the committee appointed by it, appoint a person to fill that vacancy; and
(c)the committee —
(i)may from time to time meet and adjourn as the committee thinks fit;
(ii)shall not transact business at a meeting unless the quorum fixed pursuant to paragraph (a)(
(iii)is answerable to those local governments and shall, as and when required by them, report fully on its activities.
(3)The function of a regional advisory committee established under this section by a group of local governments is to advise those local governments individually and collectively on all aspects of the co‑ordination and planning of their activities in preventing, controlling and extinguishing bush fires.
[Section 68 inserted by No. 65 of 1977 s. 46; amended by No. 14 of 1996 s. 4.]
[69.Repealed by No. 42 of 1998 s. 15.]
Notes
1This reprint is a compilation as at 1 August 2003 of the Bush Fires Act 1954 and includes the amendments made by the other written laws referred to in the following table
2The provision in this Act repealing that Act has been omitted under s. 7(4)(f) of the Reprints Act 1984.
3Provisions of the Bush Fires Act 1954 referred to in s. 64 are not the same references as originally enacted. Under the Interpretation Act 1984 s. 16(2), as a result of amendments to the Bush Fires Act 1954 by No. 65 of 1977, those references may be construed as if amended. The references were changed under the Reprints Act 1984 s. 7(3)(g).
4Under the Public Sector Management Act 1994 the names of departments may be changed. At the date this reprint was prepared the former Department of Land Administration was called the Department of Land Information and its chief executive officer was called the Chief Executive.
5Officially known as the Director General of Mines.
6Under the Alteration of Statutory Designations Order 2003 a reference in any law to the Department of Mines is read and construed as a reference to the Department of Industry and Resources.
7The Third Schedule was inserted by the Metric Conversion Act Amendment Act (No. 2) 1973.
8The Bush Fires Amendment Act 1992
“
(2)Where, immediately before the commencement of this Act
”.
9The Fire and Emergency Services Authority of Western Australia (Consequential Provisions) Act 1998 s. 11(2)
“
(2)Any funds standing to the credit of the Bush Fires Board Fund under section 16A of the Bush Fires Act 1954, as in force immediately before the commencement of this section
”.
10The Fire and Emergency Services Legislation Amendment Act 2002 s. 27(2) and (3) read as follows:
“
(2)Despite the repeal effected by subsection (1) a rubbish tip notice that is in force immediately before the commencement day continues in force until the day 5 years after the day on which the notice was published in the Gazette, subject to the Bush Fires Act 1954 (
(3)In subsection (2) —
“commencement day” means the day on which this section comes into operation;
“rubbish tip notice” means —
(a)the Bush Fires (Section 25B) Notice 2000 — Shire of Broome issued by the Minister under section 25B of the Bush Fires Act 1954 and published in the Gazette on 28 April 2000;
(b)the Bush Fires (Section 25B) Notice 2000 — Shire of Williams issued by the Minister under section 25B of the Bush Fires Act 1954 and published in the Gazette
(c)the Bush Fires (Section 25B) Notice 2000 — Shire of Pingelly issued by the Minister under section 25B of the Bush Fires Act 1954 and published in the Gazette
“specified”, in relation to a rubbish tip notice, means specified in the notice.
”.
Defined Terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined TermProvision(s)
approved local government38(6)
authorised CALM Act officer7
Authority7
burn garden refuse24C
bush7
bush fire35A
bush fire brigade7
Chief Executive Officer7
common boundary22(1)
crop53(3)
exempt land22(1)
forest land7
incendiary material27D(1)
limited burning times24C
loss or damage35A
member of the Authority7
normal brigade activities35A
occupier of land7
plant26(5)
prescribed amount37(6)
prescribed condition18(5)(d)
prohibited burning times7
prosecutor59A(1)
publish17(9)
restricted burning times7
rubbish tip24C
specified24C
specified injury37(6)
the FESA Act7
volunteer fire fighter35A
Authority: JOHN A. STRIJK, Government Printer