Western Australian Current Acts

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BUSH FIRES ACT 1954


TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title
            
   3.      Commencement
            
   4.      Saving provisions
            
   7.      Terms used

   PART II -- Administration  

   9.      Terms used
            
   10.     Powers of FES Commissioner
            
   12.     Bush fire liaison officers
            
   13.     Duties and powers of bush fire liaison officers
            
   14A.    Powers and duties under section 13 not affected by certain powers under Emergency Management Act 2005
            
   14B.    Powers of authorised persons and police officers during authorised periods
            
   14C.    Failure to comply with directions
            
   14.     Certain persons may enter land or building for purposes of Act

   PART III -- Prevention of bush fires

           Division 2 -- Prohibited burning times  

   17.     Prohibited burning times may be declared by Minister

           Division 3 -- Restricted burning times  

   18.     Restricted burning times may be declared by FES Commissioner
            
   20.     Regulations as to restricted burning times

           Division 4 -- Total fire ban  

   21.     Terms used
            
   22A.    Minister may declare total fire ban
            
   22B.    Lighting of fires prohibited during total fire ban
            
   22C.    Power of Minister to exempt from provisions of section 22B

           Division 5 -- Burning during prohibited times and restricted times  

   22.     Burning on exempt land and land adjoining exempt land
            
   23.     Burning during prohibited burning times
            
   24.     Bush on land growing subterranean clover may be burnt during prohibited burning times
            
   24A.    Bush on land in prescribed irrigation areas may be burnt during prohibited times for purpose of germinating clover
            
   24B.    Production of permit to burn may be required
            
   24C.    Terms used
            
   24D.    Burning garden refuse prohibited if fire danger very high to catastrophic
            
   24E.    Burning of garden refuse at rubbish tips
            
   24F.    Burning garden refuse during limited burning times
            
   24G.    Minister or local government may further restrict burning of garden refuse
            
   25.     No fire to be lit in open air unless certain precautions taken
            
   25A.    Power of Minister to exempt from provisions of section 25
            
   26.     Burning of plants to eradicate disease during prohibited burning times
            
   26A.    Burning of declared plants during prohibited burning times

           Division 6 -- General restrictions, prohibitions and offences  

   27.     Prohibition on use of tractors or engines except under certain conditions
            
   27A.    Regulation of blasting and matters likely to create bush fire danger
            
   27B.    False alarms
            
   27C.    Vandalism
            
   27D.    Requirements for carriage and deposit of incendiary material
            
   28.     Occupier of land to extinguish bush fire occurring on own land
            
   30.     Disposal of burning cigarettes etc.
            
   32.     Offences of lighting or attempting to light fire likely to injure
            
   33.     Local government may require occupier of land to plough or clear fire-break
            
   34.     Burning on Crown lands
            
   35.     Powers of FES Commissioner on default by local government

   PART IV -- Control and extinguishment of bush fires

           Division 1 -- Local governments  

   35A.    Terms used
            
   36.     Local government may expend moneys in connection with control and extinguishment of bush fires
            
   37.     Local government to insure certain persons
            
   38.     Local government may appoint bush fire control officer
            
   38A.    FES Commissioner may designate person employed in Department as Chief Bush Fire Control Officer
            
   39.     Special powers of bush fire control officers
            
   39A.    Duties of bush fire authorities on outbreak of fire
            
   40.     Local governments may join in appointing and employing bush fire control officers

           Division 2 -- Bush fire brigades  

   41.     Bush fire brigades
            
   42.     Local governments may join in establishing bush fire brigade
            
   42A.    Constitution of bush fire brigade
            
   43.     Election and duties of officers of bush fire brigades
            
   44.     Powers and authorities of officers of bush fire brigade
            
   45A.    Requests to authorised CALM Act officers to take control of bush fires
            
   45.     Powers and authorities exercisable by authorised CALM Act officers
            
   46.     Bush fire control officer or forest officer may postpone lighting fire
            
   47.     Fire-break not to be lit when bush fire burning

   PART V -- Miscellaneous  

   48.     Delegation by local governments
            
   50.     Records to be maintained by local governments
            
   51.     Saving of remedies
            
   52.     Approved area may be declared
            
   53.     Reduction in insurance premium of crops in approved area
            
   54.     Approved area may be cancelled
            
   56.     Duties of police officers, bush fire control officers etc.
            
   57.     Obstructing officers
            
   58.     General penalty and recovery of expenses incurred
            
   59.     Prosecution of offences
            
   59A.    Alternative procedure -- infringement notices
            
   60.     Assisting to commit an offence
            
   61.     Regulations
            
   62.     Local government may make local laws
            
   62A.    Governor may amend or repeal local laws
            
   64.     Prohibitions excluded by certain circumstances
            
   65.     Proof of certain matters
            
   66.     Proof of ownership or occupancy
            
   67.     Advisory committees
            
   68.     Regional advisory committees
            
           Provisions that have not come into operation
           Defined terms
           

        [Heading inserted by No. 19 of 2010 s. 43(3)(a).]

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