(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.]