BUSH FIRES ACT 1954 - SECT 23

BUSH FIRES ACT 1954 - SECT 23

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 land is situated —

            (a)         at any time, burn the bush on his land for the purpose of protecting a dwelling house or other building, or a stack of hay, wheat or other produce, from damage by fire;

            (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 land is situated —

                  (i)         burn the bush on a road reserve adjoining his land;

                  (ii)         burn the bush on any of his land that is grass land,

                for the purpose of protecting pasture or crop growing on his land from damage by fire.

        (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; and

                  (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; and

                  (iii)         in the case of burning carried out pursuant to subsection (1)(a), the bush shall be burnt between 2 plough or spade breaks of which the outer break is not more than 100 m from the property to be protected; and

                  (iv)         in the case of burning carried out pursuant to subsection (1)(b)(i), the bush shall be burnt between the constructed portion of the road and an established fire-break; and

                  (v)         in the case of burning carried out pursuant to subsection (1)(b)(ii), the bush shall be burnt between 2 fire-breaks that are not more than 20 m apart and each of which is not less than 2 m in width;

                and

            (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: No. 65 of 1977 s. 18; amended: No. 14 of 1996 s. 4.]