(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.]