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BUSH FIRES ACT 1954 - SECT 34

BUSH FIRES ACT 1954 - SECT 34

34 .         Burning on Crown lands

        (1)         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 m in width situated not more than 200 m 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.

        (1AB)         Before any fire-breaks are burnt under the provisions of subsection (1), a permit to so burn shall be obtained from a bush fire control officer of the local government in whose district the burning is to take place and where a permit is granted the bush fire control officer shall state in the permit the width to which a fire-break may be burnt up to a maximum of 200 m in width from the boundary of the land or reserve.

        (1AC)         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 may think necessary for the purpose of burning bush, in order to reduce or abate a fire hazard which cannot practicably be reduced or abated otherwise than by burning.

        (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 FES Commissioner 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 FES Commissioner 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 subsections (1) to (1AC) would be likely to interfere with the development of the reserve,

                the FES Commissioner 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 subsections (1) to (1AC) 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)         Where an agreement for the purpose of making fire-breaks is not made between the CALM Act CEO and the owner or occupier of land adjoining or adjacent to forest land, if the CALM Act CEO has established on the forest land marginal and internal fire-breaks, he may at any time and from time to time, give notice in writing to the owner or occupier within a time specified in the notice to do all or any of the things mentioned in section 33(1)(a) and (b) upon that part of the land of which he is the owner or occupier and which is nearest to the forest land as though the CALM Act CEO were the local government referred to in those paragraphs and the provisions of the paragraphs apply mutatis mutandis as though they were expressly incorporated in this subsection.

        (3)         When and as often as the CALM Act CEO gives notice to an owner or occupier of land as provided for in subsection (2), the provisions of section 33(3), (4) and (5) mutatis mutandis apply and have effect in the same manner and to the same extent as if they were expressly incorporated in this section.

        [Section 34 amended: No. 11 of 1963 s. 16; No. 94 of 1972 s. 4 (as amended: No. 83 of 1973 s. 3); No. 65 of 1977 s. 33; No. 51 of 1979 s. 5; No. 14 of 1996 s. 4; No. 42 of 1998 s. 16; No. 28 of 2006 s. 389; No. 19 of 2010 s. 52(4); No. 22 of 2012 s. 69.]