Western Australian Current Acts Western Australian Current Acts (1) A person must not
burn garden refuse at a place (other than a rubbish tip) during the limited
burning times for that place unless it is burned —
(a) in
an incinerator in accordance with subsection (2); or
(b) on
the ground in accordance with subsection (3).
Penalty: $3 000.
(2) Garden refuse
burned in an incinerator is burned in accordance with this subsection if
—
(a) the
incinerator is designed and constructed so as to prevent the escape of sparks
or burning material; and
(b)
either —
(i)
the incinerator is situated 2 m or more away from any
building or fence; or
(ii)
if the incinerator is within 2 m of a building or fence,
the local government has given written permission for the incinerator to be
used;
and
(c)
there is no inflammable material within 2 m of the incinerator while it is in
use; and
(d) at
least one person is present at the site of the fire at all times until it is
completely extinguished; and
(e) when
the fire is no longer required, the person ensures that the fire is completely
extinguished by the application of water or earth.
(3) Garden refuse
burned on the ground is burned in accordance with this subsection if —
(a)
there is no inflammable material (other than that being burned) within 5 m of
the fire at any time while the fire is burning; and
(b) the
fire is lit between 6 p.m. and 11 p.m. and is completely extinguished before
midnight on the same day; and
(c) at
least one person is present at the site of the fire at all times until it is
completely extinguished; and
(d) when
the fire is no longer required, the person ensures that the fire is completely
extinguished by the application of water or earth.
(4) A local government
must not give permission under subsection (2)(b)(ii) unless it is satisfied
that the use of the incinerator is not likely to create a fire hazard.
[Section 24F inserted: No. 38 of 2002 s. 24.]