BUSH FIRES ACT 1954 - SECT 18

BUSH FIRES ACT 1954 - SECT 18

18 .         Restricted burning times may be declared by FES Commissioner

        (1)         Nothing contained in this section authorises the burning of bush during the prohibited burning times.

        (2)         The FES Commissioner 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, and may, by subsequent notice so published, vary that declaration or revoke that declaration either wholly or for the purpose of substituting another declaration for the declaration so revoked.

        (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 FES Commissioner considers that seasonal conditions warrant a variation of the restricted burning times in a zone, or part of a zone, of the State the FES Commissioner 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)         Subject to subsection (5B) in any year in which a local government considers that seasonal conditions so warrant the local government may, after consultation with an authorised CALM Act officer if forest land is situated in its district —

            (a)         vary the restricted 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 restricted burning times; or

                  (ii)         imposing a further period of restricted burning times;

                or

            (b)         vary the prescribed conditions by modifying or suspending all or any of those conditions.

        (5B)         A variation shall not be made under subsection (5) if that variation would have the effect of —

            (a)         shortening the restricted burning times by; or

            (b)         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 subsection (5), be part of the restricted burning times for that zone in that year.

        (5C)         The provisions of section 17(8), (9), (10) and (11), with the necessary adaptations and modifications, apply to and in relation to the variation of restricted burning times or prescribed conditions by a local government, as if those provisions were expressly incorporated in this section.

        (5D)         In subsections (5) and (5C) —

        prescribed condition includes the requirement of subsection (6)(a).

        (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 has obtained a permit in writing to burn the bush from a bush fire control officer of the local government in whose district the land upon which the bush proposed to be burnt is situated, or from the chief executive officer of the local government if a bush fire control officer is not available; and

            (b)         the conditions prescribed for the purposes of this section are complied with in relation to the burning of the bush.

        (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 relative to the burning; or

            (b)         modify or dispense with any of the conditions prescribed for the purposes of this section in so far as those conditions are applicable to the burning.

        (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)(a);

            (b)         shall, where any prescribed condition is modified pursuant to subsection (5) or subsection (7)(b), comply with that condition as so modified;

            (c)         need not comply with any prescribed condition that is suspended or dispensed with pursuant to subsection (5) or (7)(b).

        (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.

        (10A)         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 of burning times adopted by the local government.

        (10B)         A person desiring to set fire to bush within the district of the local government that has made a declaration under subsection (10A) 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.

        (10C)         Any burning permitted under subsection (10B) 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 except that any prescribed period of notice may be varied by the local government in order to enable the schedule of burning times adopted by it to be given effect to.

        (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 other than subsection (11) is guilty of an offence.

        Penalty:         For a first offence $4 500.

                For a second or subsequent offence $10 000.

        [Section 18 inserted: No. 65 of 1977 s. 14; amended: 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); No. 19 of 2010 s. 52(4); No. 22 of 2012 s. 69.]

[ 19.         Deleted: No. 65 of 1977 s. 15.]