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BUSH FIRES ACT 1954 - SECT 17

BUSH FIRES ACT 1954 - SECT 17

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 FES Commissioner considers that burning should be carried out on any land, the FES Commissioner may suspend the operation of a declaration made under subsection (1), so far as the declaration extends to that land, for such period as the FES Commissioner thinks fit and specifies and subject to such conditions as may be prescribed or as the FES Commissioner thinks fit and specifies.

        (5)         The FES Commissioner may authorise a person employed in the Department 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 FES Commissioner considers that seasonal conditions warrant a variation of the prohibited burning times in a zone of the State the FES Commissioner 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)         Subject to subsection (7B), 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 —

            (a)         shortening, extending, suspending or reimposing a period of prohibited burning times; or

            (b)         imposing a further period of prohibited burning times.

        (7B)         A variation of prohibited burning times shall not be made under subsection (7) 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 FES Commissioner 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 FES Commissioner, 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 subsection (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 FES Commissioner 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: No. 65 of 1977 s. 13; amended: 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); No. 19 of 2010 s. 52(4); No. 22 of 2012 s. 51 and 69.]