Western Australian Current Acts Western Australian Current Acts (1) Where in the
opinion of the Minister it is desirable that a plant, or the refuse of a
plant, should be burnt during the prohibited burning times in order to
eradicate the plant or to prevent or eradicate disease arising or likely to
arise from the plant, or the refuse, the Governor may, on the recommendation
of the Minister, by proclamation —
(a)
authorise the burning of the plant, and the refuse specified in the
proclamation, during the prohibited burning times or during any period of the
prohibited burning times, as stated in the proclamation; and
(b)
declare that the proclamation shall take effect either generally or in the
particular districts which are specified in the proclamation.
(2) A proclamation
made under the provisions of subsection (1) may be revoked, amended, or varied
at any time by a subsequent proclamation.
(3) Where a
proclamation authorises the burning of a plant, or the refuse of the plant,
the burning shall be carried out subject to and in accordance with the
regulations.
(4) A person who
pursuant to the authority of a proclamation made under this section, burns a
plant or the refuse of a plant, and fails to carry out the burning in
accordance with the regulations is guilty of an offence against this Act.
Penalty: A fine not exceeding $2 000.
(5) In this section
plant does not include a plant that is a declared pest as that term is defined
by the Biosecurity and Agriculture Management Act 2007 .
[Section 26 amended: No. 35 of 1957 s. 5; No. 113
of 1965 s. 8(1); No. 65 of 1977 s. 23 and 48; No. 24 of 2007 s. 28(2); No. 38
of 2002 s. 39.]