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BUSH FIRES ACT 1954 - SECT 7

BUSH FIRES ACT 1954 - SECT 7

7 .         Terms used

        (1)         In this Act unless the context otherwise indicates or requires —

        adjoining , when used with respect to 2 or more pieces of land, extends to pieces of land which are separated only by a road or roads or by a railway or by a watercourse;

        authorised CALM Act officer means —

            (a)         a wildlife officer who is authorised for the purposes of the Conservation and Land Management Act 1984 section 45(4)(b); or

            (b)         a forest officer, ranger or conservation and land management officer who is authorised for the purposes of the Conservation and Land Management Act 1984 section 45(5A)(b);

        bush includes trees, bushes, plants, stubble, scrub, and undergrowth of all kinds whatsoever whether alive or dead and whether standing or not standing and also a part of a tree, bush, plant, or undergrowth, and whether severed therefrom or not so severed. The term does not include sawdust, and other waste timber resulting from the sawmilling of timber in a sawmill whilst the sawdust and other waste timber remains upon the premises of the sawmill in which the sawmilling is carried on;

        bush fire brigade means a bush fire brigade for the time being registered in a register kept pursuant to section 41;

        CALM Act CEO has the meaning given to CEO by section 3 of the Conservation and Land Management Act 1984 ;

        CALM Act Department has the meaning given to Department by section 3 of the Conservation and Land Management Act 1984 ;

        Department has the meaning given in the FES Act section 3;

        employed in the Department means employed or engaged in the Department in accordance with the FES Act section 20(1);

        FES Act means the Fire and Emergency Services Act 1998 ;

        FES Commissioner has the meaning given in the FES Act section 3;

        forest land means State forest and timber reserves within the meaning of the Conservation and Land Management Act 1984 and any land to which section 131 of that Act applies;

        occupier of land means, subject to subsection (2), a person residing on the land or having charge or control of it, whether the person is the owner or tenant or a bailiff, servant, caretaker, or other person residing or having charge or control of the land and includes a person who as mortgagee in possession has possession of the land, while the land is unoccupied, and also a person who has the charge or control of 2 or more separate parcels of land, although the person resides on only one of the parcels;

        prohibited burning times means the times of the year during which it is declared by the Minister under section 17 to be unlawful to set fire to the bush within a zone of the State and, in relation to any land in such a zone —

            (a)         includes any extension of those times made, or any further times imposed, under that section in respect of the whole of that zone or in respect of the part of that zone, or the district or part of a district, in which that land is situated; but

            (b)         does not include any period by which those times are reduced, or for which those times are suspended, under that section in respect of the whole of that zone or in respect of the part of that zone, or the district or part of a district, in which that land is situated or in respect of that land in particular;

        restricted burning times means the times of the year during which it is declared by the FES Commissioner under section 18 to be unlawful to set fire to the bush within a zone of the State except in accordance with a permit obtained under that section and with the conditions prescribed for the purposes of that section and, in relation to land in such a zone —

            (a)         includes any extension of those times made, or any further times imposed, under that section in respect of the whole of that zone or in respect of the part of that zone, or the district or part of a district, in which that land is situated; but

            (b)         does not include any period by which those times are reduced, or for which those times are suspended, under that section in respect of the whole of that zone or in respect of that part of that zone, or the district or part of a district, in which that land is situated.

        (2)         Subject to section 33(9), a reference in this Act to an owner or occupier of land does not include a reference to a department of the Public Service that occupies land or a State agency or instrumentality that owns or occupies land.

        [Section 7 amended: No. 11 of 1963 s. 3; No. 65 of 1977 s. 4; No. 112 of 1984 s. 22; No. 60 of 1992 s. 4; No. 14 of 1996 s. 4; No. 42 of 1998 s. 4 and 16; No. 38 of 2002 s. 18; No. 70 of 2003 s. 6; No. 28 of 2006 s. 387; No. 22 of 2012 s. 46 and 69; No. 24 of 2016 s. 312.]

[Division 1 heading deleted: No. 42 of 1998 s. 5.]

[ 8.         Deleted: No. 42 of 1998 s. 6.]